Kimsey’s Dishonest Sleight of Hand on Home Rule Charter.

by lewwaters

Greg KimseyClark County Auditor Greg Kimsey is well known to be a staunch supporter of this Home Rule Charter nonsense born out of the effort to recall County Commissioners Mielke and Madore over the hiring of Don Benton.

I have respected Greg for many years, even when I disagreed with him. But his words left on Madore’s facebook page leave me questioning is he is even due that respect.

In a post on the 2014 Voters Pamphlet having an additional two pages promoting the charter, when there is not an equal 2 pages provided for those opposing the charter, Kimsey said;

If voters adopt a home rule charter, voters may subsequently repeal that charter.” (scroll down in comments to see Kimsey’s comment)

“One year following the effective date of the charter there are three methods by which proposed charter amendments may be placed on the ballot (council action, citizen petition, charter review commission which meets five years after the effective date and then every ten years).”

Notice the sleight of hand?

He says “repeal,” but then goes on to discuss “amending,” far different.

In fact, looking at the charter itself we see on page 8;

ARTICLE 7 – INITIATIVE AND REFERENDUM

Section 7.1 Direct government

The people of Clark County reserve the power to make certain proposals at their option and to approve or reject them at the polls, independent of the council.

Section 7.2 Initiative

The people reserve the power of initiative. An ordinance or amendment to an ordinance, except as limited by state or federal law or court interpretation, may be proposed by filing an initiative petition with the auditor. No ordinance enacted as a result of initiative shall be amended or repealed within two (2) years after enactment, except as a result of a subsequent initiative or referendum or as required by state or federal law.

A. Initiative Limitations.

The following are limited by state or federal law or court interpretations and may not be proposed or adopted by initiative.

1. Ordinances providing for compensation or working conditions of county employees or elected officials.
2. Redistricting council districts.
3. Authorizing or repealing an appropriation of money or any portion of the annual budget.
4. Authorizing or repealing taxes or fees.
5. Authorizing or repealing any provision of a service or program provided by the county.
6. Amending or repealing this charter. (emphasis added)

Under ARTICLE 9 – CHARTER REVIEW AND AMENDMENTS we read an involved method of an elected commission after 5 years and then at least every 10 years thereafter for purpose of “review.”

At the top of page 13 we read;

Section 9.2 Commission responsibility and duty

“The commission is bound by responsibility and duty to review the charter to determine its adequacy and suitability to the needs of the county and propose necessary and appropriate amendments.”

Once again, “repeal” is nowhere mentioned.

See also the October 31, 2014 Letter to the Editor, Charter restricts initiative power where Kimsey also stated in comments under the LTE, “A home rule charter that may be amended by the voters, may be repealed by the voters.” (emphasis added)

So, just where does Kimsey come up with “If voters adopt a home rule charter, voters may subsequently repeal that charter,” if repeal of it is prohibited by the charter itself and there is no written method of repeal contained in it?

As I keep saying, I get that people dislike Madore, Mielke and Benton, I really do. But they can be voted out of office if enough people dislike their execution of their duties.

If passed, this charter is forever and even amendments are watered down. You will be stuck with it and cannot go back once this rushed and flawed charter is passed.

And let us not forget, the only real reason is that the Lazy C and a handful of boorish Liberal Democrats hold an extreme dislike of the current County Commission that displaced their long-held majority.

In fact, they have been the very ones that stood against similar efforts in the past, when they held the majority.

Such a radical transformation of county government is unwarranted and amounts to a gross overreaction to losing the majority and to the perfectly legal hiring of Don Benton.

It is much like trying to drive a tack with a 15 lb sledge hammer.

Shame on Greg Kimsey for making such a disingenuous claim, knowing full well that this charter will be forever.

4 Comments to “Kimsey’s Dishonest Sleight of Hand on Home Rule Charter.”

  1. I think what the Liberal Democrats and Republicans like Kimsey really don’t like is that a political unknown came on the scene and beat them senseless. I believe that they are resentful that Madore didn’t ‘pay his dues’ by cow-towing to the elite and by working his way up through the ‘system’. Of course, the progressives hate his politics too, but I think their resentment over his path to the Commission trumps the politics.

    I can imagine the sneering and mockery when Madore first came on the scene (the Columbian being their proxy voice), with them never imagining that within two years Madore would give them a smacking they will never forget.

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  2. This is really disgusting. He feels it is okay to fudge the truth in a pro charter comment but called and attacked me for my letter to the editor of the Reflector!

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  3. Craig, a lot of people, from all political walk(s) of life did not like the way Benton was hired. Yes, I know that the M&M commissioners had the right to hire him. However much I dislike that action, it doesn’t change my mind about Comm. Madore. He is, IMO, doing one hell of a good job. And that upsets the good old boys, as they can’t reach into the till as much as they could before.

    I can’t wait for the M&M&S commissioners to be seated, and start saving the taxpayers more money than the M&M guys have so far. Kimsey should man up and say he was completely wrong. If he doesn’t, then he just might be, behind his back, be called a liar. I would never say that, but I’m sure some other political types will. We all know how that works.

    And Carolyn, I hope he calls me and starts his attack because of what I have said. I will try, before he hangs up, explain what he can do with himself. But then we know some people are cowards when they know they maybe called out for their bullying actions. We have seen that with Melissa and Jack and Mayor Timmy towards Robert.

    But the bottom line, please VOTE NO on the charter.

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  4. King County voters tried to go back from the charter system and the Washington Supreme Court said they couldn’t. “(2) Do the electorate of King County have the power to directly repeal their charter by initiative? We conclude that they do not. ” http://law.justia.com/cases/washington/supreme-court/1971/41722-1.html

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