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Resolution No. 644 - Declaring Intent for Funds Collected by Proposition No. 1RESOLUTION NO. 644 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YELM RELATED TO THURSTON COUNTY PROPOSITION NO. 1— SALES AND USE TAX FOR LAW ENFORCEMENT PROTECTION, CORRESPONDING PROSECUTION AND PUBLIC DEFENSE SERVICES AND ELECTIONS SECURITY, AND DECLARING ITS INTENT TO USE ANY DISTRIBUTED FUNDS FOR LAW ENFORCEMENT PURPOSES WHEREAS, Thurston County Proposition No. 1— Sales and Use Tax for Law Enforcement Protection, Corresponding Prosecution and Public Defense Services and Elections Security ("Proposition 1"), will be presented to Thurston County voters at the general election to be held on November 7, 2023; and WHEREAS, Proposition 1 would authorize an additional sales and use tax rate of two- tenths of one percent for law enforcement protection, corresponding prosecution and public defense services, and elections security; and WHEREAS, if approved by the voters, 60% of the tax would be distributed to the County, while the remaining 40% would be distributed to the cities in the county on a per -capita basis; and WHEREAS, ensuring the protection and safety of the residents of Yelm is an essential priority; and WHEREAS, the City of Yelm has identified the need for additional law enforcement personnel, equipment and infrastructure to support law enforcement capability, secure long- term funding for law enforcement services, and to identify specific funding priorities of the Yelm City Council to be determined during future budget workshops/council retreats; and WHEREAS, Proposition 1 would have a direct economic and substantive impact on the Yelm community and is of importance and interest to a broad cross-section of Yelm residents; now, therefore; THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: Resolution No. 644 is hereby approved and that any taxes distributed to the City of Yelm as a result of the passage of Thurston County Proposition No. 1— Sales and Use Tax for Law Enforcement Protection, Corresponding Prosecution and Public Defense Services and Elections Security, will be received into the City's Criminal Justice account and restricted for law enforcement purposes. Approved this 24th day of October, 2023 FK - Attest: Kathy Linne yer, City Cler 42.17A.550 — 42.17A.555 » 42.17A.560 PDF RCW 42.17A.555 Use of public office or agency facilities in campaigns—Prohibition—Exceptions. No elective official nor any employee of his or her office nor any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition. Facilities of a public office or agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of employees of the office or agency during working hours, vehicles, office space, publications of the office or agency, and clientele lists of persons served by the office or agency. However, this does not apply to the following activities: (1) Action taken at an open public meeting by members of an elected legislative body or by an elected board, council, or commission of a special purpose district including, but not limited to, fire districts, public hospital districts, library districts, park districts, port districts, public utility districts, school districts, sewer districts, and water districts, to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition so long as (a) any required notice of the meeting includes the title and number of the ballot proposition, and (b) members of the legislative body, members of the board, council, or commission of the special purpose district, or members of the public are afforded an approximately equal opportunity for the expression of an opposing view; (2) A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry; (3) Activities which are part of the normal and regular conduct of the office or agency. (4) This section does not apply to any person who is a state officer or state employee as defined in RCW 42.52.010. [ 2010 c 204 § 701; 2006 c 215 § 2; 1979 ex.s. c 265 § 2; 1975276 2nd ex.s. c 112 § 6; 1973 c 1 § 13 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.130.] NOTES: Finding—Intent-2006 c 215: "(1) The legislature finds that the public benefits from an open and inclusive discussion of proposed ballot measures by local elected leaders, and that for twenty-five years these discussions have included the opportunity for elected boards, councils, and commissions of special purpose districts to vote in open public meetings in order to express their support of, or opposition to, ballot propositions affecting their jurisdictions. (2) The legislature intends to affirm and clarify the state's long-standing policy of promoting informed public discussion and understanding of ballot propositions by allowing elected boards, councils, and commissions of special purpose districts to adopt resolutions supporting or opposing ballot propositions." [ 2006 c 215 § 1.] Disposition of violations before January 1,1995: "Any violations occurring prior to January 1, 1995, of any of the following laws shall be disposed of as if chapter 154, Laws of 1994 were not enacted and such laws continued in full force and effect: *RCW 42.17.130, chapter 42.18 RCW, chapter 42.21 RCW, and chapter 42.22 RCW." [ 1994 c 154§ 226.] *Reviser's note: RCW 42.17.130 was recodified as RCW 42.17A.555 pursuant to 2010c 204 § 1102, effective January 1, 2012. EST. 1924 Meeting Date: October 24, 2023 CITY COUNCIL AGENDA ITEM SUMMARY City of Yelm, Washington AGENDA ITEM: RESOLUTION NO. 644 DECLARING THE CITY COUNCIL'S INTENT TO USE ANY DISTRIBUTION FROM PROPOSITION 1 FOR LAW ENFORCEMENT PROPOSED MOTION: Motion to approve Resolution No. 644 declaring the City Council's intent to use any distribution from Proposition 1 for law enforcement. KEY FACTS AND INFORMATION SUMMARY: Thurston County placed Proposition 1— Public Safety Tax upon the forthcoming November 7, 2023 ballot. Proposition 1 calls for a sales and use tax for Law enforcement protection, corresponding prosecution and public defense services, and elections security. Proposition 1 proposes an additional sales and use tax rate of two-tenths of one percent. 60% of the tax would be distributed to the County, while the remaining 40% would be distributed to the cities in the county on a per -capita basis. The County has indicated it would use up to 75% of its distribution for law enforcement protection, including hiring additional sheriff deputies and associated infrastructure. Up to 25% of the County distribution would be used for additional prosecution and proportionate public defense services, and elections security infrastructure. RCW 42.17.555 authorizes a legislative body to express its support or opposition to a ballot measure provided: 1) notice of the meeting includes the title and number of ballot proposition; and 2) members of the public are afforded an approximately equal opportunity for the expression of an opposing view. The public will be afforded an equal opportunity for the expression of support or opposition related to any Council resolution in support of the proposed Thurston County Proposition 1— Sales and Use Tax for Law Enforcement Protection, Corresponding Prosecution and Public - Defense Services and Elections Security. 11 Page