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07/11/2007: "4 To 2 CC Vote To Sue On Referendum"

The County Council will be going to court to see if the first referendum filed in San Juan County may proceed. As a result of the vote, the court will now decide if citizens also have the right to vote on a storm water fee, or can only the Council -as it has done- impose the fee by voting. (Background story)

After the vote, Alex Gavora, who will now be sued by the County said "Today's action by the majority of the County Council in voting to take the referendum to court is completely hostile to the voters of San Juan County and the Home Rule form of government."

The question for the court to decide is, if the the fee is a land use action, or was it simply a funding action that is outside of GMA land use review. The Prosecutor’s office thinks it may be under the GMA umbrella, while others believe it is too far removed to be considered a land use issue.

In a four to two vote on Tuesday, the CC passed a two part motion made by Gene Knapp that instructed Prosecutor Randy Gaylord to file a lawsuit against Alex Gavora, one of the citizens who collected the necessary signatures required to place the referendum on the ballot, and in addition to the legal action, the Council will also solicit public input on the current ordinance that imposes the fee on all developed property.

The object of the second part of the motion was to review the existing ordinance for possible changes, as a way to address the concerns of the over two thousand voters who signed the petition to allow a popular vote on the fee.


Councilman Rich Peterson and Howard Rosenfeld were the two voting against the motion. Rosenfeld said that he believed that “once a citizen referendum is in motion, I don’t think we should interfere with it”. Councilman Peterson agreed, and added that while the suit would be an attempt to gain information about when a referendum may be used, “I cannot support a suit against a citizen”.

Peterson also questioned the need for the suit, explaining “I think we will eventually get to the same point without the law suit”.

Gordy Peterson, who has appealed the fee in a separate action, told the Council ‘this is quite a precedent…it will have a chilling effect on others that may want to start a petition drive; and maybe that is your object”.

Gavora told The Island Guardian that "This vote has guaranteed that the stormwater funding issue will not come to a vote of the people in November as the referendum process demands. It may also have the much more devastating effect of ensuring that the activities of county government are never again challenged by the initiative or referendum process. It illustrates that the Home Rule form of government is an illusion if the elected representatives chose to ignore the will of the people."

Local attorney Carla Higginson also showed up to testify, and told the Council she did not agree with Gaylord that the “time is ripe” to enter a lawsuit, and that it was “horrifying to me” that the Council would sue.

Higginson said the right thing to do is let the voters decide. She was also concerned that the Council has “an opportunity to not be political”, and said that by suing, the Council was pitting the resources of the County government against a private citizen who simply submitted a petition asking to allow a vote on an action by the government; and asked “is it fair to sue someone who brings this matter to your attention (by filing a petition)”.

While the Council directed Gaylord to file the suit, it is possible that others may now also jump in, as happened with the Guest House appeals and lawsuit. The County could be in for another long and costly trip though the courts. it also remains to be seen if others will now be intimidated from using the referendum process to put an issue up for a popular vote.