The Flathead County Attorney’s Office has rejected a citizens initiative effort to create a community council for Whitefish’s two-mile planning “doughnut” area, saying it doesn’t meet legal criteria for an initiative.

In a letter forwarded to the Election Department, the County Attorney’s Office said the initiative proposal has been rejected for form, noting that local initiatives are limited to legislative jurisdiction and power, and that this request is administrative, not legislative as required by state law.

Election Manager Monica Eisenzimer said the letter further stated that the voter pool cannot be limited to only the residents of the doughnut area, as proposed. Under state law an initiative must be voted on by all county residents and signatures must be collected from 15 percent of all county voters.

Concerns outlined by the County Attorney’s Office echoed those made last week by Kalispell attorney Duncan Scott, who represents various individuals and groups concerned about governance of the Whitefish doughnut area.

Scott sent a letter to the County Attorney’s Office raising questions about the voter pool and whether the proposed initiative met the legislative jurisdiction requirement.

Scott also alleged the initiative proposed an illegal community council because rather than report to Flathead County, which would create the council, it proposes the community council forward recommendations to the Whitefish City Council.

The idea of a community council representing doughnut residents has been mulled for months, but the Whitefish City Council maintained such a council was not something it could put in place and that a new state law would be needed to create such a council.

A referendum also has been proposed that would give Whitefish voters a chance to reject a recently revised city/county agreement on planning control of the doughnut area. That proposal also must be reviewed for legal form, Eisenzimer said, adding that the Whitefish city attorney will make a determination for the proposed referendum.

Supporters of the referendum cited “overwhelming public opposition” to the revised interlocal agreement for the doughnut area.

Referendum supporters pointed to the Whitefish City Council’s recent failure to act on a proposal for mandatory zoning compliance permits as evidence of how the restated agreement “has crippled the city’s ability to govern itself effectively.” The compliance permits would allow the city to better enforce its zoning and prevent additional nonconforming businesses on U.S. 93 S.

“Unsure about how the county, under the terms of the new interlocal agreement, would now view the city’s attempt to enact legislation spilling over into the doughnut, a majority of councilors simply refused to act without consulting the county commissioners,” a press release from the citizens group said.

Richard Hildner, Ed McGrew and former state Sen. Dan Weinberg are heading up the referendum proposal.

Features editor Lynnette Hintze may be reached at 758-4421 or by e-mail at lhintze@dailyinterlake.com.