City Decides Not to Hand in Red-Light Camera Petition
The city's attorney has advised the mayor and City Council that the petition is written in such a way that a vote is not required on the camera program.
The city of Redmond will not forward a petition that was handed in last week calling for a vote on the city's red-light camera pilot program, Redmond Patch learned Wednesday.
"We've been advised by our attorney that the subject of this petition is not subject to initiative," Redmond Mayor John Marchione said in an interview. "Therefore, there's no state law compelling us to do anything with the signatures."
Redmond resident Scott Harlan, the main organizer behind Redmond's petition drive, called the city's decision "shocking." Regardless of legal arguments surrounding the validity of an initiative, Harlan contends the city is taking an illegal action by failing to turn in the signatures to King County within three business days.
“The citizens of the city of Redmond should be shocked that at this early stage of the initiative process the mayor and the City Council are being this obstructionist,” Harlan said. “There’s plenty of time after the initiative is validated to have legal arguments ... yet they are stopping that conversation before it even starts.”
Harlan is basing his assertion on RCW 35.21.005, which states: "Within three working days after the filing of a petition, the officer with whom the petition is filed shall transmit the petition to the county auditor for petitions signed by registered voters, or to the county assessor for petitions signed by property owners for determination of sufficiency."
When asked whether he and his supporters plan to sue the city, Harlan did not rule out the possiblity.
“We’re looking at all options, including legal action,” he said.
Marchione said the advice of City Attorney Jim Haney was based on a recent ruling in Bellingham by Division 1 of the Washington Court of Appeals, which serves all of Western Washington between the Canadian border and the King-Pierce county line.
In Bellingham, voters will get to vote on a similar anti-traffic camera measure, but it won’t have legal standing after a panel of Court of Appeals judges ruled earlier this month that the measure isn’t valid. (See attached PDF for the complete ruling.)
Judge Marlin Appelwick said no injunction was necessary, since the initiative was not legally binding and therefore posed no threat of damage to the camera provider, American Traffic Solutions. In Appelwick’s view, the initiative has no legal force because it wrongfully aims to restrict the city’s authority to install traffic cameras, the Bellingham Herald reported.
According to the newspaper, the initiative measure intended to force Bellingham to remove any traffic-enforcement cameras, although none had been installed yet, and it would require voter approval of any plan to re-install them. It also would limit the fines imposed under the program to the equivalent of the lowest-cost parking ticket, currently $10.
Two days after the Sept. 6 ruling, an Appeals Court panel also denied another attempt to block the Bellingham measure from the ballot. See full coverage from the Herald here.
Marchione said Haney also advised city officials that the costs of any potential litigation that might result from their decision not to go along with the petition would be minor compared to the $70,000-$80,000 that a special election would cost.
He said the city has decided not to put the matter to a vote at this time because of the cost of a special election and the fact that the City Council is set to conduct its own review of the camera program later this fall. The city has signed only a one-year contract with its camera vendor, American Traffic Solutions (the same provider involved in the Bellingham case), and the City Council is scheduled to make a decision on whether to renew that contract sometime before Dec. 1.
Deputy City Administrator Jane Christenson said Redmond's decision to begin the camera enforcment program on a trial basis is unique among other municipalities in the area, and city officials believe it's important to follow out the evaluation process as originally intended.
Moreover, Christenson said, if the city decided to hold a vote in February 2012, as the petition stipulates, the council would have already decided whether to renew its contract with ATS.
"I think it goes back to why Redmond is unique," she said. "We knew we wanted to test (the camera program) out to see if it was right for our community. We're still in the midst of that pilot year, (and) we committed to folks all along on both sides of the issue that we're going to evaluate it in October 2011."
The city's evaluation process will continue next Tuesday when the public safety committee receives the most recent camera-enforced violation data from the Redmond Police Department. The City Council is scheduled to discuss the matter at its Oct. 11 study session, and could take action on the program as early as Oct. 18 or as late as Nov. 29, Marchione said.
Despite the city's decision not to turn in the 6,050 signatures to King County for a special election, Marchione said the petition does send a message to the City Council and will be considered along with other resident input as the process continues.
"We count these signatures as a legitimate voice in the public process," he said.
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Patch associate regional editor Margaret Santjer contributed to this report.
Paige Norman
5:22 pm on Wednesday, September 21, 2011
More evidence that the City of Redmond is not concerned with citizens desires or taxpayers "interference". Who cares if we disagree, we're just citizens, not elected officials.
Charlie Eakins
10:23 pm on Wednesday, September 21, 2011
Guess it's time to vote out a mayor and city council.
Catherine Wittel
11:38 pm on Wednesday, September 21, 2011
$70,000 to $80,000 for a special election?? It would have been unfair to require the city of Redmond taxpayers to foot that bill.
James C. Walker
9:34 am on Thursday, September 22, 2011
Democracy at risk
Regardless of whether people support or oppose red light cameras, everyone should be outraged when authorities and/or courts prevent the voters from expressing their views. If the vote is binding, then cameras are allowed or prevented by the vote. If the vote is advisory, then local authorities are morally obligated to accept the result. When authorities and courts in Houston wavered and tried to deny the majority will of the voters to get rid of the cameras, part of the outrage came from people who were camera supporters, but nonetheless were appalled that the authorities tried to thwart the majority will of the people who voted them out. Any city council that prevents a vote of the people and/or retains the cameras against the will of the majority of their voters needs to be discharged at the next election and replaced with representatives that respect the will of the people on this issue. James C. Walker, National Motorists Association, www.motorists.org, Ann Arbor, MI
Malia Kawaguchi
1:29 pm on Thursday, September 22, 2011
I sure am glad that people from so very far away care enough about the welfare of our little city to speak up about this issue...
Not.
This is a Redmond issue. If you really want it changed, put it on the ballot in the next regular election. If it's all about money, as the opponents have claimed, then why would there ever have been a thought that the city would accept spending money on a special election to deal with this issue?
There is a process. Use it. Put your information out for the City Council. And if you are a single issue voter (who even lives here and has a voice in local politics) then vote for candidates who support your issue, regardless of where they stand on others.
I would be happy to vote on this topic. For no additional cost in the next regular election cycle. And to keep the cameras. I remain unappalled by the choices of our public servants, no matter how much people from far away would like me to be.
Catherine Wittel
1:55 pm on Thursday, September 22, 2011
Nicely stated. I agree. I think a vote in the regular election cycle would be reasonable.
Caitlin Moran
2:04 pm on Thursday, September 22, 2011
Thanks everyone for your comments. To follow up with Malia and C. Wittel's remarks, in our conversation yesterday the mayor did bring up that if the petition had made the November ballot the results would have been more helpful to the city's council's process because they would have had the election results before their Dec. 1 deadline to notify ATS. I asked him if city officials would have been more likely to allow the vote to occur in that situation and this was his response: "I'm not saying would have or wouldn't have, I'm just saying it would have fit with the process a lot better." I didn't have a chance to put that into the story, but thought I'd add it in here since it was brought up in discussion.
I'm Gone
9:26 pm on Thursday, September 22, 2011
People are ignorant. The petition process is there for a reason and there are laws that need to be followed. Now there will be lawsuits, more expenses, and eventually a special election. We will pay more for the mayor's ignorance.
Malia Kawaguchi
9:30 pm on Thursday, September 22, 2011
Wow. I expected a more rational comment about the mayor's decision, based on similarities to another dismissed petition, from someone whose other comments all include phrases about hating politicians.
Oh, wait. No I didn't.
Caitlin - thanks for the additional information. That's useful to know.
Charlie Eakins
9:51 pm on Thursday, September 22, 2011
Ah Malia apparently nobody outside of Redmond drives or works there. I really dislike pontificating elitist. So how much you getting paid to troll forums supporting traffic camera's?
Malia Kawaguchi
9:56 pm on Thursday, September 22, 2011
Haaahaaahaaaaaaaa.... Well, I work here. As in here. So I get paid to write a parenting column. And as a parent, I like people driving slowly. But thanks for your comment. I'm thrilled to learn that someone from Ann Arbor works or drives through Redmond.
Charlie Eakins
10:17 pm on Thursday, September 22, 2011
Who lives in Ann Arbor? I'm local. In fact one of my co-workers is one of the Duvall city council.
Malia Kawaguchi
10:28 pm on Thursday, September 22, 2011
Um, that's great? Then I'd give your opinion more weight than James C. Walker's... well, if you hadn't called me a troll for commenting on an article on a site I work for. Again, heeheehee...
Charlie Eakins
10:34 pm on Thursday, September 22, 2011
Maybe it's time to question the objectivity of this site then.
Malia Kawaguchi
10:37 pm on Thursday, September 22, 2011
I'm glad my employer gives me the right to have an opinion. And allow you a forum to have yours as well, no matter how personal you'd like to make it. I'm not a journalist, so I don't have to be objective. They are, and do a darn good job of it. I'm done with this argument. I hope you've enjoyed it as much as I have. I look forward to voting for the unopposed mayor, whom I believe to have made sensible decisions. I wish you luck on your own path to do whatever it is you're trying to do.
Charlie Eakins
10:39 pm on Thursday, September 22, 2011
So you think spitting on democracy is a sensible decision. Do us a favor and move to china.
Catherine Wittel
8:21 am on Friday, September 23, 2011
Wow!! Charlie, I think you might have just jumped the shark on that one. How did we get from red light camera opinions to suggesting someone move to China because they don't agree with you about red light cameras? I'm not sure how involved you are with the anti-camera movement, but I sure hope your comments are not representative of the petitioning movement. Malia and everyone else on this board: Please continue to offer your opinions because I appreciate understanding the diversity of opinions...the pros and the cons.
Charlie Eakins
8:28 am on Friday, September 23, 2011
Apparently you can't read C Wittel. My comment about china was the fact she agreed with not allowing a vote. She's allowed to have an opinion, but she wants to take away everyone else's right to express that opinion through a vote.
Catherine Wittel
9:28 am on Friday, September 23, 2011
Charlie. Democracy isn't always easy, especially when you feel so passionately about an issue. The council is acting within the democratic process, and has nothing to do with taking away someone's right to vote. One way to look at it (and this may be your view) is that the council and mayor have taken away your right to vote in a special election. Another way to look at it is that citizens of Redmond voted to have this council and mayor represent us and make these decisions. I don't want to vote on every divisive issue that comes up -- that's what the council is there for. If a petition is turned into our council and does not meet the criteria for submitting it for a special election, and they choose not to submit it, then that is part of our democratic process. If you don't like the decisions made by our council or mayor, there will be a chance to vote them out of office. I hope we are able to vote on this one day in a regular election cycle.
Malia Kawaguchi
10:11 am on Friday, September 23, 2011
C Wittel - Thanks for your thoughtful and measured comments. I agree, (as I had previously noted) also looking forward to one day voting on this issue when it will not mean the expense of a special election. While I will continue to offer my opinions on this site, both in my column and out, my husband has asked for my safety - and more importantly the safety of my daughter - that I not continue to engage on this topic with people who would tell a white woman with a Japanese last name to move to China. Please keep up the good fight as long as you feel the need - I find myself agreeing with your points entirely, and find them better and more compassionately stated than I could manage at this point in the bizarre personal attacks.
Charlie Eakins
10:42 am on Friday, September 23, 2011
Malia clearly you're a drama queen. Your last name had nothing to do with my comment. Your husband is also a drama queen. My inlaws happen to be Korean.
Charlie Eakins
10:44 am on Friday, September 23, 2011
And lets be clear Malia I made no threats to your safety. You might want to look up the word libel.
Caitlin Moran
10:53 am on Friday, September 23, 2011
Thank you once again, everyone, for offering your thoughts on this issue. At this juncture, I feel I must remind everyone of our terms of use, available here: http://redmond.patch.com/terms. Please scroll down to "Acceptable Use Policy" for our specific guidelines regarding user comments. I know this issue can be very controversial, but please let's all refrain from personal attacks--there's a civil, non-personal way to discuss the matter at hand.
I'm Gone
10:01 am on Saturday, September 24, 2011
Maybe you should have a policy against your own employees spamming the comment boards without disclosure, and attacking those of us who live in Redmond as not living in Redmond. I won't be visiting this site again. The editorial policies are dishonest and make the site appear like shills for the Mayor. Maybe Malia should choose between her "job" and her opinions. That's a pretty standard editorial policy elsewhere.
Caitlin Moran
11:11 am on Saturday, September 24, 2011
Thank you for your comment. Everyone is certainly entitled to his or her opinion about Patch and our editorial policies. Here's my take: It's an open forum, and everyone is invited to comment, including our freelance columnists (many of whom are members of the communities they cover) and even our elected officials. We encourage people to use their real names when commenting, and if you click on Malia's name (or any of our other columnists), it is quite obvious what her role is on the site. She writes a weekly column on parenting issues, and has never been paid by us to write anything remotely having to do with red-light cameras, or even anything regarding city rules and regulations. For all these reasons, I don't have a problem with her weighing in on the issue as a Redmond resident. Thanks again for your input.
Catherine Wittel
10:57 am on Saturday, September 24, 2011
I think we all want the same thing -- a good life and a good place to live. We disagree about what makes a good life and how to get it, but the name calling contributes nothing but animosity, and puts a stop to an intelligent conversation. Who cares if Malia writes a parenting column? Who cares if Tim Eyman doesn't live anywhere near Redmond. They are entitled to their opinions. If my opinion is valid, it will hold up under questioning and challenges. This makes me realize why we face such difficult challenges on a global level -- we can't even be courteous and respectful to each other in a small forum within our small city of Redmond. Maybe we need to lighten up and listen. I am very opinionated, but realize I am only one person with one opinion. Everyone else is too.
Redmond
2:27 pm on Thursday, October 13, 2011
As I have said:
GUESS WHAT PEOPLE!!!!!!!!!!!!!!!! If you just follow the LAW and not run red lights, the issue would just GO AWAY!!!!!!!!! Apparently that is just too simple.
BUT the bottom line is this, we can not hold a special election every time you think you know better. You voted in folks to represent YOU. This is not NEW and yet none of you are running for city council or the mayors office. So go out and make a difference or stop wasting tax payer dollars on elections so you can speed and run red lights! JUST STOP RUNNING THEM and the lights will go away!!!!!!!!!!!!!!!!!!! I personally can not wait for them to end so the Redmond Police can give you a REAL ticket and then maybe you will learn! I will gladly put up with the traffic jams from police cars pulling people over at these intersections. Bring it on!!!
Charlie Eakins
7:32 pm on Thursday, October 13, 2011
Guess what? I've never ran a red light. Nice to make assumptions you know what they say about assumptions.
Redmond
1:26 pm on Friday, October 14, 2011
Nice Charlie! I am happy you have never ran a red light. I never said YOU did. You really are a bit of a bully. You may want to look up what that means. :-)
Jeanne Gustafson
1:44 pm on Friday, October 14, 2011
Thanks everyone for your comments. I'd like to reiterate Caitlin's earlier note about avoiding personal attacks so we can keep discussing this controversial issue:
"At this juncture, I feel I must remind everyone of our terms of use, available here: http://redmond.patch.com/terms. Please scroll down to "Acceptable Use Policy" for our specific guidelines regarding user comments. I know this issue can be very controversial, but please let's all refrain from personal attacks--there's a civil, non-personal way to discuss the matter at hand."
Redmond
1:51 pm on Friday, October 14, 2011
Jeanne, I hope I did not cross a line. I was not pleased with his reply and thought he was being a bully as I have read with his comments towards others. I have read the rules. Thank you.
Jeanne Gustafson
2:00 pm on Friday, October 14, 2011
No problem, I just want to help ensure that the discussion doesn't devolve.
Stephanie
8:32 pm on Thursday, November 3, 2011
Malia says she likes cameras because she is a parent and would like people to drive slow, but what about all the rear end crashes that have been associated with the cameras? I have been rear ended and my back and neck were hurt. Back injuries are something you never quite recover from. Is she is ok with the rising number of rearending at traffic lights? This could happen to her own children, and as someone who has been affected by this, I can assure anyone out there that it will have a massive effect on the front cars life. The impact could also potentially kill people. When I was rear ended, I was hit so hard that I was pushed into oncoming traffic. I was lucky that the driver in the lane was able to stop.
If there is a petition, we need to hold an election. That is how the law works, and if you would like that law changed, go and make a petition to have it changed just as we did for traffic cameras.
To the moderation of this site, as an online writer myself, I would never dream of trolling an article on a website I worked for. I believe Malia's comments are very unprofessional. She is of course entitled to her opinion, but she should NOT use her power as a writer of this site to try to show superiority over the other commenters.