AN ORDINANCE relating to unsworn declarations; updating references to state law…
Seattle updates its municipal code to swap outdated references to a repealed state law on unsworn declarations with the current replacement statute, affecting 50+ code sections.
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Seattle updates its municipal code to swap outdated references to a repealed state law on unsworn declarations with the current replacement statute, affecting 50+ code sections.
Why it matters
This Seattle ordinance makes a technical legal housekeeping change, replacing all references to a now-repealed Washington State law (RCW 9A.72.085) with the current governing statute (chapter 5.50 RCW) on unsworn declarations. Unsworn declarations allow people to make legally binding statements under penalty of perjury without a notary or formal oath. The change affects more than 50 sections of the Seattle Municipal Code and the Seattle Fire Code, ensuring city law stays aligned with state law.
Who it affects
- Civil rights complainants
- Permit applicants
- Fire code compliance officers
- City administrative agencies
The case for and against
The case for
- 1Keeps Seattle's municipal code legally accurate and aligned with current Washington State law, preventing confusion or invalid filings in administrative proceedings.
- 2Protects residents and businesses by ensuring that unsworn declarations they submit under city processes are legally enforceable under the correct statutory authority.
- 3Avoids potential legal disputes or procedural challenges that could arise if city code continued to cite a repealed statute.
The case against
- 1The ordinance is purely technical and presents no meaningful policy tradeoffs, making substantive opposition arguments essentially unavailable.
- 2Critics of broad administrative process could argue that the sheer number of sections requiring updates (50 plus) reflects an overly complex municipal code that burdens ordinary residents navigating city systems.
- 3Some may argue the city council's time and resources are better spent on substantive policy issues rather than routine housekeeping amendments, though such updates are a legal necessity.
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Deeper context
Long-form analysis, legal background, and source material
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DEEP ANALYSIS
This ordinance is a technical conforming amendment with no substantive policy change. Washington State legislators previously reorganized and updated the statutes governing unsworn declarations, moving the relevant provisions from RCW 9A.72.085 to the new chapter 5.50 RCW. When state law changes its organizational structure, local governments that reference those statutes by specific code number must update their own codes to avoid citing a repealed or nonexistent provision. Seattle's ordinance does exactly that across more than 50 sections of its municipal code.
Unsworn declarations are a practical legal tool that allow individuals to attest to facts under penalty of perjury without requiring a notary public or a formal sworn oath. They are widely used in administrative proceedings, civil rights complaints, code enforcement appeals, and regulatory filings. The sections being amended span a broad range of city functions, including consumer protection, land use, civil rights enforcement, fire safety, and business regulation.
The constitutional basis for this ordinance is straightforward. Washington cities have broad authority under the state's home rule provisions to adopt and maintain local codes, and they are also required to conform with controlling state law. Maintaining accurate statutory cross-references is a basic obligation of functional local governance. Failure to update these references could create legal ambiguity about whether declarations made under city processes satisfy applicable state law standards.
The fiscal impact of this ordinance is negligible. No new programs are created, no spending is authorized, and no fees or penalties are altered. The change is purely administrative. The ordinance affects a wide range of stakeholders only in the sense that anyone who interacts with Seattle's administrative or regulatory processes, such as employees filing discrimination complaints, residents appealing permits, or businesses responding to code enforcement actions, may use unsworn declarations governed by the updated references.
Historically, Washington State periodically reorganizes and modernizes its statutory codes, and local governments must follow with conforming updates. This type of legislation is routine in cities of Seattle's size and complexity, where dozens of code sections may reference a single state statute. The ordinance reflects standard municipal code maintenance practice.
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AI analysisCivic explanation, not a government record
Lon Fuller, in The Morality of Law, argued that a legal system fails its citizens when the rules on the books do not match the rules actually in force, and this ordinance corrects exactly that gap across 50 code sections. The 2023 reorganization of Washington's unsworn declaration law into chapter 5.50 RCW left Seattle's code citing a ghost statute, meaning any declaration submitted under those provisions rested on a legally uncertain foundation. Procedural clarity is not bureaucratic trivia: in a civil rights complaint or a code enforcement appeal, the enforceability of a single declaration can determine the outcome.
THE CIVITUS BRIEF, IN FULL
Seattle's city council is considering an ordinance that updates more than 50 sections of the Seattle Municipal Code and the Seattle Fire Code to replace references to a repealed Washington State statute with the current law governing unsworn declarations. The old reference, RCW 9A.72.085, has been superseded by chapter 5.50 RCW, which now controls how legally binding statements made under penalty of perjury, but without a notary or formal oath, are handled in Washington. The change touches a wide range of city functions, from civil rights enforcement and land use appeals to business regulation and fire safety compliance.
Supporters of the ordinance, which is expected to face no meaningful opposition, argue that accurate statutory cross-references are a basic requirement of functional government. City attorneys and administrators who work with these code sections say that continuing to cite a repealed statute creates legal uncertainty that could, in theory, undermine the validity of administrative filings and proceedings. Proponents frame the update as a necessary maintenance task that protects both the city and the residents who rely on these processes.
No organized opposition to the ordinance has emerged, which is typical for technical conforming amendments. Some government reform advocates occasionally argue that the frequency of such housekeeping legislation signals an underlying problem with overly fragmented and cross-referential municipal codes, but that critique is directed at code structure rather than at this specific measure.
For ordinary Seattle residents, the practical effect is minimal and entirely behind the scenes. Anyone who files a complaint with the city's civil rights office, appeals a permit decision, or responds to a code enforcement action may use an unsworn declaration, a simple written statement made under penalty of perjury. This ordinance ensures that those declarations rest on a solid legal foundation under current state law, rather than a statute that no longer exists in Washington's books.
Sources
Analysis draws from: Lon Fuller, The Morality of Law, Antonin Scalia and Bryan Garner, Reading Law: The Interpretation of Legal Texts, Washington State Legislative Drafting Manual.
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