C-Tran will ask a Clark County judge whether the veto power in its own bylaws passes legal muster, following a discussion by the agency’s board of directors on Tuesday.C-Tran’s bylaws give both Clark County and Vancouver veto power on the board, allowing them to nix any action approved by the rest of the body. As long as all three members from either jurisdiction are united against a proposal, no amount of yes votes can get around it.That power has existed as long as C-Tran. It’s never been challenged in court, said C-Tran legal counsel Tom Wolfendale. Now, after new questions about the veto emerge, it appears that will change.“Sounds like it’s time,” said Washougal City Councilor and C-Tran board member Connie Jo Freeman.The latest discussion grew from a regular review of the board’s composition that began earlier this year. A special committee convened in June to consider changing the makeup of the board. But the effort stalled this fall when uncertainties about the fate of the veto provision arose.At issue is what happens to the veto if either Vancouver or the county loses a seat on the C-Tran board. Multiple legal opinions came up with different conclusions.
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