027-23 - Ordinance - Council EndorsementsDocuSign Envelope ID: EA376386-AA1E-411F-839D-79C100151DA6
ORDINANCE NO. 027-23
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING
PORT ORCHARD MUNICIPAL CODE SECTION 2.04.235 REGARDING COUNCIL
ENDORSEMENTS; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND
SETTING AN EFFECTIVE DATE.
WHEREAS, the Port Orchard City Council has adopted rules pertaining to the conduct of
the Council, including the conduct of public meetings, codified at Port Orchard Municipal Code
("POMC") Chapter 2.04; and
WHEREAS, the City Council desires to adopt a new rule to govern the City Council's
communications with the public on pending ballot measures; and
WHEREAS, RCW 42.17A.555 limits the ability of a legislative body to speak in favor of or
opposition to a ballot proposition as body, or to utilize their office or any public facilities for
these purposes; and
WHEREAS, the City Council finds that endorsing or opposing a ballot measure can
undermine voter autonomy and the electoral process; and
WHEREAS, accordingly, the City Council finds that it is in the best interests of
transparency and the citizens of the City of Port Orchard to adopt new Section 2.04.235 POMC
to state the Council does not endorse or otherwise collectively speak on pending ballot
measures; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. _Adoption. New Section 2.04.235 POMC, Endorsements, is hereby adopted
to read as follows:
The City Council will not endorse or oppose a campaign for election of any person to any
office or for the promotion of or opposition to any ballot proposition placed on a ballot for the
vote of the people. Individual endorsement or opposition by individual Councilmembers shall
only be made in compliance with RCW 42.17A.555, as amended, and shall be clearly identified
as the statement of an individual citizen.
SECTION 2. Severability. Should any portion of this ordinance be held to be
unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section,
sentence, clause or phrase of this Ordinance.
SECTION 3. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
DocuSign Envelope ID: EA3713386-AA1 E-411 F-839D-79C100151 DA6
Ordinance No. 027-23
Page 2 of 2
SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor Pro -
Tern and attested by the Clerk in authentication of such passage this 10th day of October 2023.
ATTEST:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
QacuSirkmd by:
- r
Charlotte A. Archer, City Attorney
PUBLISHED DATE: October 13. 2023
EFFECTIVE DATE: October 18, 2023
F D"uslgnod
by:
Mark Trenary, Mayor Pro -Tern
SPONSOR:
Jay R❑ a e, ncil emb?r