ResolutionsFredericka Moore
VICTIM- WITNESS COORDINATOR
Fran Grant
COWLITZ COUNTY PROSECUTING ATTORNEY
JAMES J. STONIER
ADMINISTRATIVE SECRETARY CHIEF CRIMINAL DEPUTY
Susan 1. Baur
MEMORANDUM
TO: Libby Nieland, Elections Supervisor
FROM: Ronald S. Marshall, Chief Civil Deputy Prosecutor
DATE: September 20, 1999
RE: Woodland Swimming Pool and Recreation District
Hall of Justice, 312 S.W. 1st Street, Kelso, WA 98626
[360] 577 -3080 / FAX [360] 414 -9121 / TDD [360] 577 -3061
CHIEF CIVIL DEPUTY
Ronald S. Marshall
DEPUTY PROSECUTORS
Carol L. Case
Heiko Philipp Coppola
Arne 0. Denny
Jill Johanson
Anne Mowry
Edwin N. Norton
Melanie Paige Romo
Lisa E. Tabbut
Barbara A. Vining
I have reviewed the resolution submitted by the above referenced
district calling for an advisory ballot proposition to be placed on
the ballot for the November 2, 1999 general election. I note first
that the district is variously referred to in the materials
submitted as "Woodland Swimming and Recreational District" and
"Woodland Swimming Pool and Recreation District ". I recommend that
you assure use of the proper name in the ballot submission. I do
not have a copy of the documents reflecting formation of the
district in this office.
I also note that there are no statutory provisions that directly
authorize advisory votes of this nature. RCW 29.27.060 provides,
in relevant part, that "questions to be submitted to the people of
a ... municipality shall ... be advertised as provided for nominees for
office, and in such cases there shall also be printed on the ballot
a concise statement posed as a question ... in such a manner as to
clearly identify the proposition to be voted upon, which statement
shall be prepared by ... the prosecuting attorney for ... any other
unit of local government...." I have not discovered any authority
discussing whether such a "question" or "proposition" includes
advisory submissions. Thus, it is not clear that there exists
authority for the placement of this "proposition" on the ballot,
nor that it is of the nature that the prosecuting attorney has
either the duty or authority to prepare the ballot title. With
that caveat, I recommend that the ballot title be modified as
follows:
Woodland Pool Ballot Title
09/20/99
Page 2 of 2
WOODLAND SWIMMING POOL AND RECREATION DISTRICT
ADVISORY BALLOT PROPOSITION
Should the Woodland Swimming Pool and Recreation District
construct a swimming pool and recreation center on property
situated in and adjacent to Horseshoe Lake Park?
YES
NO
BALLOT TITLE
ADVISORY VOTE
DO YOU SUPPORT A SWIMMING AND
RECREATIONAL FACILITY IN AND ADJACENT TO
HORSESHOE LAKE PARK?
YES
NO
RESOLUTION
We, the Woodland Swimming and Recreational District, hereby resolve and authorize
that an advisory vote be commenced and conducted for the purpose of determining whether
a pool and recreation center should be constructed in and adjacent to Horseshoe Lake Park
pursuant to the proposal made by the Woodland Community Swimming Pool Committee.
Dated: September 3, 1999
WOODLAND SWIMMING AND RECREATIONAL DISTRICT
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TO: Clark County Elections Office
Cowlitz County Elections Office./
FR: Woodland Swimming Pool and Recreation District
c/o Chairperson Sharyn Crosby
2080 Spruce Street
Woodland, WA 98674
(360) 225 -8607
Dear County Elections Official:
Pursuant to instructions received from your office, attached are the BALLOT TITLE,
EXPLANATORY STATEMENT, and RESOLUTION, as proposed by the Woodland Swimming
Pool and Recreation District for the upcoming voters pamphlet and election. If you have any
questions or concerns about the attached documents, please contact Sharyn Crosby immediately
at (360) 225 -8607. Thank you for your cooperation and courtesies.
v
Name:
Organization:
Fax:
Phone:
FAX
ELECTIONS DEPARTMENT
Telephone: (306) 577 -3005
Fax: (360) 414 -5552
THE MEDIA — / o R � Rio /yuf
From: Cowlitz County Elections
Date: September 22, 1999
Subject: Woodland Swimming Pool Ballot Title
Pages (including cover sheet):
Comments:
Attached you will find a memorandum from the Cowlitz
DO YOUR DUTY
* *'* * I *I *
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County Prosecuting Attorney with the recommended ballot
title for the Woodland Swimming Pool and Recreation District
Advisory Ballot Proposition to be submitted to the voters
at the GPnPral ElPrtinn, NovemhPr 2, 1999
Elections Supervisor:
Elections Deputies:
Libby Nieland
Amee Jo Paxton,
JoAnn Heinrichs
COWLITZ COUNTY AUDITOR
COUNTY ADMINISTRATION BUILDING
207 FOURTH AVENUE NORTH • KELSO. WASHINGTON 98828 • TELEPHONE (360) 577-3002 . FAX (380) 474 -5552 • MO (380), 577-3061
WOODLAND SWIMMING POOL AND RECREATION DISTRICT
ADVISORY BALLOT PROPOSITION
Should a swimming pool and recreation center to'be operated by
the Woodland Swimming Pool and Recreation District be constructed
on property situated in and adjacent to Horseshoe Lake Park?
YES
NO
9 -13 -1999 2 :34PM FROM LEWIS- RIVER -NEWS 360 225 8289
LEWIS Rivi.i NEWS & KALAMA BULLETIN
435 Davidson Avenue
P.O. Box 39
Woodland, WA 98674
225 -8287 1 -888- 221 -1976 FAX 225 -8289
TO E. t e _
DATE c td-
TIME & :30
FROM t\1ts
Message:
FAX Cover Sheet
FAX #
Number of pages including cover sheet: j
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Organization:
Fax: f629) 5 7C0 — 7 9 7
Phone:
From:
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Date: 61 112-t
Subject:
Pages (including cover sheet):
Comments:
DO YCRJP DIRT
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FAX
ELECTIONS DEPARTMENT
Telephone: (306) 577 -3005
Fax: (360) 414 -5552
Elections Supervisor.
Elections Deputies:
Libby Nieland
Amee Jo Paxton,
JoAnn Hemrichs
COWLITZ COUNTY AUDITOR
COUNTY ADMINISTRATION BUILDING
207 FOURTH AVENUE NORTH • KELSO. WASHINGTON 988213 • TELEPHONE (980) 577 -3002 • FAX (380) 414 -6552 • TOD (980) 577 -3061
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MEMORANDUM
TO: Libby Nieland, Elections Supervisor
FROM: Ronald S. Marshall, Chief Civil Deputy Prosecutor
DATE: September 21, 1999
RE: Woodland Swimming Pool and Recreation District
I have reviewed the resolution submitted by the above referenced
district calling for an advisory ballot proposition to be placed on
the ballot for the November 2, 1999 general election. I note first
that the district is variously referred to in the materials
submitted as "Woodland Swimming and Recreational District" and
"Woodland Swimming Pool and Recreation District ". I recommend that
you assure use of the proper name in the ballot submission. I do
not have a copy of the documents reflecting formation of the
district in this office.
I also note that there are no statutory provisions that directly
authorize advisory votes of this nature. RCW 29.27.060 provides,
in relevant part, that "questions to be submitted to the people of
a ... municipality shall ... be advertised as provided for nominees for
office, and in such cases there shall also be printed on the ballot
a concise statement posed as a question ... in such a manner as to
clearly identify the proposition to be voted upon, which statement
shall be prepared by ... the prosecuting attorney for ... any other
unit of local government...." I have not discovered any authority
discussing whether such a "question" or "proposition" includes
advisory submissions. Thus, it is not clear that there exists
authority for the placement of this "proposition" on the ballot,
nor that it is of the nature that the prosecuting attorney has
either the duty or authority to prepare the ballot title. With
that caveat, I recommend that the ballot title be modified as
follows:
WOODLAND SWIMMING POOL AND RECREATION DISTRICT
ADVISORY BALLOT PROPOSITION
Should the Woodland Swimming Pool and Recreation District
construct a swimming pool and recreation center on property
situated in and adjacent to Horseshoe Lake Park?
YES
NO