HomeMy WebLinkAboutCommittee of the Whole March 27 20121
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WHATCOM COUNTY COUNCIL
Committee Of The Whole
March 27, 2012
CALL TO ORDER
Council Chair Kathy Kershner called the meeting to order at 6:30 p.m. in the Council
Conference Room, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken
Mann, Pete Kremen and Carl Weimer
Absent: None
COMMITTEE DISCUSSION
1. DISCUSSION WITH CHIEF CIVIL DEPUTY PROSECUTOR RANDALL WATTS
REGARDING A LIABILITY CLAIM (AB2012 -018)
Brenner asked what the rules are and why they could do something like that without
Council approval.
Randy Watts, Prosecutor's Office stated it's less than $5,000, it was a clear violation,
it was an attorney fees case. He evaluated the fact that the lawsuit was against the County
only, and not against the individual councilmembers. His thought was to put in an offer of
judgment in an effort to curtail attorney fees, because this was strictly an attorney's fees
case. The longer it goes on, the more fees will be generated. They accepted that. The
advantage of a judgment versus a settlement is that if they now bring cause of action
against the councilmembers individually as a result of the same allegations contained in the
complaint, he has collateral estoppal. Based on finality of the judgment, the County could
prohibit future actions. This was done in an effort to save the County money on attorney
fees and reduce exposure to individual councilmembers. He explained collateral estoppal.
Brenner stated there was no violation. There was discussion of whether it was a
violation.
Crawford asked and there was discussion of Mr. Watts' perspective about how
councilmembers email information.
Kremen asked and there was discussion about communicating verbally.
Jack Louws, County Executive, stated and there was discussion of councilmembers
forwarding information to the Council Office for distribution.
Crawford asked and there was discussion about the role of the Prosecuting Attorney
for making these decisions.
Mann asked and there was discussion of the statute of limitations.
Committee of the Whole, 3/27/2012, Page 1
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Kremen stated and there was discussion of:
• Whether Mr. Paxton was represented by legal counsel.
• Whether there should be management letters from the State.
Kershner asked and there was discussion about some jurisdictions that open their
public meetings to last all week long, Monday through Friday.
Mann asked and there was discussion of the possibility of their email instantly being
published.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 6:48 p.m.
The Council approved these minutes on April 24, 2012.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council@�.o.w hatcom .wa.us
Committee of the Whole, 3/27/2012, Page 2