So say people who have never liked the monorail. A commenter on the Monorail election results used the phrase (and assumed it possible) "...inexperienced SMP disbanded by the legislature or City Council."
Many people assume that the State Legislature, the Governor, The Mayor or the City Council can just swoop down as an avenging angel -- and with the wave of pen -- just abolish the monorail agency. I'd suggest that both legally and politically it is not quite that easy. In fact it would be rather messy.
Just as a preface, two of the member of the SMP were elected and the
balance were appointed by the Mayor and City Council so it will be a
bit difficult (but hardly impossible) for Mayor and Council to turn on their own folks (some of whom came on
the Board as skeptics, btw) and portray them as wild-eyed dreamers.
Other points:
1. The SMP charter gives authority for disbanding to the people of the City through initiative. On what basis would the State legislature or City Council attempt to intervene and shut down the SMP? Policy differences? That's hardly enough legally (and per item #2) any such attempt will end in Court.
2. The SMP has a stream of income and can defend itself in court for many years. In fact I'd suggest that it is the legal and moral duty of the SMP Board to fight with every means at its disposal to maintain its existence (as a means to pursue the voter-mandated goal of building the monorail.) The Board might legitimately disband itself if it found the project impracticable etc etc. But no Court (assuming the Legislature or Council went that far) would order disbandment this point or for years to come.
3. Politically there is no pressure for the Legislature or Council to attempt to disband it and I don't think even they would want to go there as it is far too dangerous a precedent. The idea that a superior level of government can pick and choose and determine which independently-authorized local government is to continue is not a power that they will want to take up without a showing of fraud or corruption etc etc...If any group of tax-payers wants to do something ill-advised -- but clearly not illegal or against public policy -- then I don't think that a superior level is going to want to intervene.
The practical politics is important. Suppose a group of Eastern Washington farmers organize in their county to create an irrigation district and such new District is legal under long-standing State law and public policy...as is the case. Then suppose a group of State legislators decide that the district (after a year or two of operation) should be shut down because...well yes...because why?... but let's assume that it is attempting to establish a water-conserving type of fire-fighting and that the Legislature doesn't like that sort of approach...doesn't believe in the technology. Well I am sure you can start to see the issue. Once the Legislature starts to mess with local authorities on a policy basis, where does it stop? What is the political payoff? Long and messy lawsuits? (Per # 2.)
Does anyone think that the SMP will simply roll over and disband because the Legislature tells them to do so? Guess again. Such an action would be the greatest energizing force for the SMP etc etc..
No folks, I don't think it is quite that simple and I don't think there are either legal or political grounds to justify the Legislature, the Council or the Courts from stepping in. Please do remember that at the last binding vote on this -- less than a year ago -- the voters ratified the Monorail with 63%!
Does that mean that the SMP Board has done a great job? No way. But I don't want to punish myself when the simple solution is a better Board and some assistance -- rather than bullying -- from the Mayor and City Council.