HomeMy WebLinkAboutSpecial Committee of the Whole October 14 20141
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WHATCOM COUNTY COUNCIL
Special Committee of the Whole
October 14, 2014
CALL TO ORDER
Council Chair Carl Weimer called the meeting to order at 12:42 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(12:42:16 PM)
Present: Barbara Brenner, Sam Crawford, Ken Mann, Carl Weimer, Pete Kremen,
Rud Browne and Barry Buchanan.
Absent: None.
COMMITTEE DISCUSSION
1. DISCUSSION REGARDING COUNTY COUNCIL'S PROPOSAL TO ADD A
POLICY ANALYST TO ITS STAFF IN 2015 (AB2014 -205B)
Weimer stated there is some question about what the Council wants to do with this
position, which will be funded in the upcoming budget.
Crawford stated he has concerns and read notes into the record. He referenced
County Charter Section 1.50 and 2.24 and stated maintain those sections of the Charter. The
Council's hiring of the past policy analyst resulted in over - integration between the Council
Office and the County Planning Department, moving the County toward a more land use
restrictive and regulatory environment based on personal agendas and preferences of
councilmembers and staff members. The Council provides budget authority for the Executive
to allow additional staffing resources within his staff, which could provide research and
information on complex issues. The Charter is designed to achieve a citizen - driven result in
laws and regulations. It should discourage top -down regulatory efforts by elected activists
under the banner of leadership. The regulatory actions of the Council majority, regardless of
political persuasion, are preceded by an extensive and deliberative process of analysis and
establishment of fact. An arms - length relationship between the Council and the Planning
Department is vital to ensure any specific proposal or change is informed by appropriate
impartial review and rigorous debate. In the past, the hiring of a Council analyst created a
process of cross - information and influence between the Planning Department staff and
legislative body, resulting in an unclear haze of policy initiation and implementation. The
Planning Director at that time left Whatcom County employment and began constant
litigation, which resulted in hundreds of thousands of dollars of cost to the citizens of
Whatcom County. He remains wary of the return of this position. He does not support the
position.
Brenner stated now is not the time to hire a new position, due to the budget. They
are asking for a bond for the jail and other things. Show restraint. She doesn't support
hiring this position.
Special Committee of the Whole, 10/14/2014, Page 1
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Browne stated he's not clear what they are going to do with this position. Be clear
about how to allocate the person's time equitably.
Mann stated he's not sure the existence of the position is the problem. The
management or Council direction of that position may have been the problem. The Council
does need the position now. It's the right time. It's important for the Council to have an
independent, professional analyst that works for the County Council. It will be helpful with
budget, legal, and policy issues that are generally fraught with legal peril. He will support the
position because it would be great to have professional help for all three of those issues. The
original management process required the Council to choose topics and vote to allocate the
analyst's time. This position is independent of the administration, and the Council can
allocate the person's time as is best. Any of the proposed job descriptions are fine, as long
as there is expertise in budget and finance issues and in land use and legal issues.
Kremen stated he would like some historical background on this position. The
Council's legislative analyst on staff in the late 1990's worked with his administration when he
was elected Executive.
Dana Brown - Davis, Clerk of the Council, described the history of the position's
responsibilities.
Brenner stated the Council hired that legislative analyst for the same reasons they are
discussing today. It's not appropriate now.
Crawford stated the person who held this position most recently facilitated a meeting
with three councilmembers and the Planning Department Director to promote and advocate
for adopting an ordinance in direct conflict with State vesting laws. Legal counsel strongly
advised against the proposal for a number of reasons. The position can be formed with the
best of intentions and remain objective, but the position can become agenda- and staff -
driven. The Council must operate separately from staff and not report to staff.
Weimer stated he supports hiring a staff person. Make sure the position
responsibilities are clear. The position can maintain the County's separation of powers. The
Council can benefit from conversations and research about what other counties do. Also
allow the staff person to do independent analysis of budget proposals, as the first legislative
analyst did. The most recent legislative analyst did not have a very high regard of the
Planning Director in the beginning. The process required a super- majority of the Council to
do any major work.
Buchanan stated he supports the position. The Bellingham City Council hired a policy
analyst in 2008 or 2009. There was a lot of communication with the analyst, and they were
able to keep it from becoming political. Approval of the workload by a supermajority is a
good idea, because it represents better what issues the Council wants researched. Have
clear communication with the individual. Have a deliberate management process by the
Council chair, making sure the Council's intent is followed.
Browne stated the person's analysis shouldn't be the default position of the Council.
He appreciates the diversity of all opinions. If there is a clear job description and chain of
command, he would support the position.
Crawford asked if the Council already agreed on hiring this position.
Special Committee of the Whole, 10/14/2014, Page 2
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Jack Louws, County Executive, stated the Council recommended that the upcoming
budget include the position at the budget work session. He included it in the budget
proposal.
Brown -Davis stated the Council directed her to include the request in the budget.
Crawford stated he would like to create a record of who supports the position.
Jack Louws, County Executive, stated a clear job description is important. The
administration is committed to providing in -depth information that a majority of the Council
requests. Any legal review of issues should be done by the Prosecutor's Office.
Crawford moved to reconsider the June 17, 2014 vote to hire the person.
The motion to reconsider failed by the following vote:
Ayes: Brenner and Crawford (2)
Nays: Mann, Weimer, Kremen, Browne and Buchanan (5)
Kremen stated they must pay close attention to the job description that is developed
for this position. The job should not be turned into a political position.
Weimer asked to receive a copy of the last job description for the position.
Kremen stated don't include the word 'planning' in the job title. It should address all
issues and anything that comes to the Council. This Council is likely to deal with one of the
most controversial and complex issues for several years. This is why they can't rely just on
current staff. It will require a lot of late work and research that the Council can't get devoted
to them from the existing staff in the Executive branch. Don't make the qualifications for the
person being considered planning- centric. It should be a legislative policy analyst that deals
with more universal issues.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 1:18 p.m.
The Council approved these minutes on February 10, 2015.
ATTEST:
Dana Brown - Davis, Council Clerk
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Council Chair
Special Committee of the Whole, 10/14/2014, Page 3