OLYMPIA – Monroe city leaders face threats on two fronts to the city’s tough restrictions on where convicted sex offenders can live.
A proposed state law would set standards for creating community protection zones that pre-empt cities and counties from enacting different rules, effectively voiding Monroe’s ordinance.
Meanwhile, a state agency claims Monroe’s ordinance violates the Growth Management Act. That agency is mounting a legal challenge – with the backing of Gov. Chris Gregoire – to force revisions.
Monroe City Councilman Mitch Ruth said residents want the 2-month old law, and it must be defended.
“We gave long and careful consideration before arriving at the end product that we did,” he said.
In November, the City Council enacted a law barring convicted level 2 and 3 sex offenders from living within 750 feet of public and private schools, city-licensed day care centers, public and private parks, and open spaces such as hiking trails. It covers adults and juveniles.
Current state law is less stringent. It establishes a two-block, or 880-foot, buffer around public and private schools only. This week, the House Criminal Justice and Corrections Committee is expected to pass HB 2700, which would add a local preemption to existing law.
Taking away local power to protect the public’s safety is wrong, Ruth said. He wants lawmakers to give cities authority to do more than the state allows.
“State government does not know better what is right and what is important for the community,” he said.
The second challenge comes from the state Department of Social and Health Services.
On Jan. 23, the agency filed a complaint with the Central Puget Sound Growth Management Hearings Board arguing that the Monroe ordinance violates state law by precluding the agency from carrying out a key part of its mission – siting and operating facilities for juvenile offenders.
The complaint claims that inhibits the ability of DSHS to carry out its mission to try and reunite children and families. Monroe’s law raises the possibility that teenage sex offenders released from jail might be unable to return to their family’s house if it is in a protected area.
“When very bad things happen, the consequences must be and should be severe,” Councilman Chad Minnick said. “It is going to be inconvenient. I don’t apologize for that.”
State officials want juveniles exempted. Filing the petition is a means of prodding the discussion.
“We’re doing this because from time to time we have to place children back into their homes in the community,” said DSHS spokesman Steve Williams. “We can’t have pockets of cities around the state banning kids going home.”
He said though there are “absolutely no plans” to open any facility for juvenile offenders in Monroe, the ordinance erects a barrier should the need for such a place arise.
Assistant Attorney General Carrie Bashaw said the state wants the city to amend the law to exempt facilities serving juveniles.
Minnick said he doesn’t “appreciate” the agency’s method.
“It’s like filing for divorce when all I really want is to sit down with a marriage counselor,” he said.
Ruth called it a “slimy tactic.”
“They say they would be precluded from siting a facility here. That’s false,” he said, noting that many areas, including his neighborhood, could house a group home if the agency had such plans.
“They are intentionally twisting and manipulating the truth to make our action look ludicrous and outrageous, which it is not,” he said.
Ruth said he’s willing to talk with state officials on revising the law. He said the governor should direct the agency to talk to the city rather than allow their leaders to try and “torpedo” the law.
The hearing board will have 180 days in which to make a decision.
Reporter Jerry Cornfield: 360-352-8623 or jcornfield@heraldnet.com.
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