Former Council Member Calls Out Current Council on Prop 1

In the meeting, as in the past, Mayor Tom French informed the commenters that state law prevented them from commenting directly on ballot measures (like Prop 1) however, local citizen Jeff Snedden found the following. We've reached out to Mayor French, the city attorney, and the city administrator for comment and will update this article if we receive a reply. 

1. There is no WAC (Washington Administrative Code) rule that forbids discussion of a levy during Council meetings.

There is no state law or WAC that prohibits a City Council, staff, or the public from

discussing a levy while it is on the ballot — including during public comment periods of regular Council meetings.

Public comment is a protected forum for citizens to express views, and

the City cannot lawfully restrict it based on whether the topic is an

active ballot measure.

2. What is restricted: use of public facilities for campaign advocacy

The applicable law is RCW 42.17A.555, part of Washington’s campaign-finance and public-disclosure statutes. It prohibits using

public facilities (including council meetings, staff time, city funds, or equipment) to

promote or oppose a ballot measure or candidate.

RCW 42.17A.555:
“No elective official nor any employee of his or her office 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.” 

3. What’s allowed under RCW 42.17A.555

The Public Disclosure Commission (PDC) provides clear guidance:

• Neutral discussion is permitted.
  Council meetings can include factual, objective discussions about the
  measure — e.g., staff presentations, budget impacts, or explanatory
  Q&A.
• Public comment cannot be censored.
  Members of the public can speak for or against the levy under normal comment rules. The City must remain neutral but cannot silence speakers for expressing advocacy.
• Councilmembers may express personal opinions if they make clear they are speaking
  as individuals and not using City resources to campaign.
• Official City communications (website, newsletters, printed materials, staff emails) must stay strictly factual and non-advocacy in tone.

4. Key references

• RCW 42.17A.555 — use of public facilities prohibition
• PDC Guidelines for Local Government Agencies in Election Campaigns
  (pdc.wa.gov)
• AGO 1971 No. 30 & AGO 1979 No. 3 — Attorney General opinions confirming the rule’s scope

Summary

There is no law or WAC that prohibits City Council or the public from talking about a levy during a meeting.

The only prohibition is against using government resources to promote or oppose the levy — which means the Council must remain neutral, but public comments are fully protected speech.