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Whatcom County Council has approved a $60,000 contract for outside legal counsel to review the Proposition 5, or Healthy Children’s Fund, repeal initiative by a political action committee.
Simultaneously, another PAC, Protect Whatcom Kids, has filed an injunction seeking to keep the repeal off the ballot in November.
The political action committee Washingtonians for a Sound Economy collected nearly 10,000 signatures this spring to introduce a ballot initiative to repeal Prop 5 in an effort to lower property taxes, using ballot language and campaign materials that don’t mention the Healthy Children’s Fund or early childhood development. Passed in 2022 by only 20 votes, Prop 5 increased property taxes by 19 cents per $1,000 of assessed value to fund early childhood learning and care, and support for vulnerable children. The fund is expected to bring in a total of $100 million by its renewal date in 2032.
In July, a group of elected officials, educators and health care professionals registered the Protect Whatcom Kids committee to oppose the repeal initiative.
[ Read more: Here’s where initial Healthy Children’s Fund dollars are going: Serving vulnerable children ]
The Whatcom County Council voted in July to request a declaratory judgment of the initiative, because some members of the council believe it should have been submitted as a referendum, which would have needed more signatures to get on the ballot.
Because the county prosecutor said the case posed a conflict of interest for his office, the council sought $100,000 for outside legal counsel. Washingtonians for a Sound Economy called the budget request an “unnecessary legal expenditure” in a statement issued on July 25.
“This seems like a strange and contradictory step to take if part of the council’s concerns about the measure is that it could impact revenue for certain programs,” the group said, urging the council to reconsider.
Council member Mark Stremler agreed, saying, “I find this ironic that we’re asking for $100,000 from the taxpayer to sue the taxpayer, that’s how I’m seeing this.”
Council member Jon Scanlon argued that it was important to answer the question of the initiative’s validity based on the county charter. He also reasoned that “a lot of people are going to spend a lot of money campaigning on this issue this fall if it’s on the ballot. That’s such a waste of money.”
During a special meeting on Aug. 15, a divided council voted 5-1 on a $60,000 contract with Pacifica Law Group for legal review. Stremler dissented, and while council member Ben Elenbaas was absent, he submitted a statement for the record, saying he was “vehemently opposed to spending taxpayer dollars on a legal challenge.”
“I feel this budget request is particularly tone deaf given our current hiring freeze and projected budget shortfalls,” Elenbaas’s statement continued, referring to the county’s anticipated shortfall due to stagnant sales tax revenue and the sunsetting of COVID-era federal aid.
Even as the council members voted to pay for legal review of the ballot measure, Protect Whatcom Kids beat them to the punch by taking action on Aug. 15. The group filed an injunction against Washingtonians for a Sound Economy as well as the county and the auditor’s office.
The two legal actions, by the county council and the private group, will likely be similar in content, explained Protect Whatcom Kids committee member Ray Deck III. But he said the group felt it was important to file as soon as possible to get clarity from the court on the initiative’s validity before ballots for the general election are finalized.
“It is right and good for the county council to be stewards of the civic process, but county purchasing rules made it challenging for them to act with the speed required given the deadline,” said Deck, who is also the co-chair of the Whatcom Child and Family Well-Being Task Force.
Deck said that for Protect Whatcom Kids, the ideal outcome is that “the initiative is not permitted to be on the ballot because it’s out of order.” But, he added, the committee also plans to fundraise and campaign to defeat the repeal effort in November.
The hearing will be held on Aug. 30 at 1:30 p.m. in Whatcom County Superior Court. The auditor’s deadline to have ballots printed for the general election is Sept. 6.
Ashley Butenschoen, the communications manager for Washingtonians for a Sound Economy, told CDN in May that the group, made up mostly of Lynden residents, is not opposed to funding for child care, and emphasized that the reason for the repeal is the ever-rising cost of living in Whatcom County.
Meanwhile, more programs are being rolled out through the Healthy Children’s Fund. During a presentation to the Bellingham City Council on Aug. 12, Sarah Simpson, the children and families program supervisor for the Whatcom County Health and Community Services Department, listed some investments that are now falling into place, such as free diapers and baby formula distributed by Bellingham Food Bank, doulas for pregnant Medicaid recipients, and a professional development network for child care providers through Bellingham Technical College.
One city council member asked how much programming is guaranteed if the fund is overturned. Simpson reassured the council that the health department will be able to honor every commitment it has already made.
“No organization will lose these funds,” Simpson said.
This story was updated at 11:30 a.m. Aug. 21 to include information about the hearing on Aug. 30.
Julia Tellman writes about civic issues and anything else that happens to cross her desk; contact her at juliatellman@cascadiadaily.com.
