City’s use of ‘emergency’ clause under question
LAKEWOOD – City Council’s Monday vote on a Charter amendment that would all but end citizen-initiated special elections will include an attached “emergency declaration”, a concept used twice in recent weeks and one that faces it’s second test in two weeks.
Under the City Charter, an ordinance can take effect immediately if it is accompanied by an emergency declaration linking the purpose of the ordinance with “the immediate preservation of the public peace, health or safety.” These ordinances can be approved by a simple majority vote, but the emergency clause requires approval of two-thirds of council, no matter how many council members are present as long as there is a quorum.
The emergency clause came under question most recently July 27 during Council’s consideration of purchasing a building on Parfet Street in west Lakewood to be used for police evidence and records storage. At that meeting, Councilman Doug Anderson questioned the propriety of a previous property purchase. That property, at 1290 Harlan St., initially was proposed as a site for evidence storage and remains in the city’s property inventory.
Anderson said it appears the city is “speculating” in real estate by holding the Harlan Street property in it’s inventory and, as a matter of principal he would vote against the Parfet Street purchase in protest.
Anderson stood firm despite criticism from Mayor Bob Murphy and Councilwoman Diana Allen, who both scolded Anderson for voting against a purchase he didn’t oppose in order to make a point about a sidebar issue.
Murphy twice cut off Anderson in mid-comment.
But Anderson stood firm and was joined in his “No” vote by Councilwoman Vicki Stack.
Because ordinances with emergency declarations require approval by at least eight council votes and three of the 11-member City Council were absent, the ordinance passed, but without the emergency declaration.
Failure of the emergency clause delayed the effective date of the ordinance and allows opponents to petition for a referendum on the matter.
No such challenge has been or is expected to be presented to overturn the Parfet Street purchase.
Monday’s consideration of the Charter amendment proposal also contains an emergency clause that would enable the issue to make November’s General Election ballot.
Anderson asked why during the July 27 meeting.
“We are putting this forward with a declaration of emergency. What is the emergency,” Anderson asked when the proposal came up on its initial public reading. “Why could this not have been brought to the public two months ago? … There was certainly time to do this without an emergency ordinance attached to it.”
The proposed Charter amendment would eliminate virtually all special elections on citizen-initiated issues, postponing them instead until the next November so they can be part of the general-election process. But council could choose to put issue it wants to a vote on a faster track.
That, Anderson said, “Takes all of the power away from citizens, as we discussed in study session, and allows future (city) councils the possibility of playing games.”
Anderson’s question about the emergency declaration went unanswered.
That answer is contained in Section 4 of the proposed ordinance, 0-2009-38, which reads: “This ordinance is necessary for the immediate preservation of the public peace, health, or safety because delay in the effective date would prevent the question from being placed on the November ballot, resulting in the significant cost of a special election.”
