HomeMy WebLinkAboutCommittee of the Whole March 30 20101
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WHATCOM COUNTY COUNCIL
Committee Of The Whole
March 30, 2010
CALL TO ORDER
Council Chair Sam Crawford called the meeting to order at 10:00 a.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken
Mann, L. Ward Nelson and Carl Weimer
Absent: None
1. DISCUSSION REGARDING THE PROPOSED ORDINANCE AMENDING
WHATCOM COUNTY CODE 2.02, COUNTY COUNCIL (AB2010 -143A)
- And -
2. DISCUSSION REGARDING THE PROPOSED ORDINANCE AMENDING
WHATCOM COUNTY CODE 2.03, BOARDS AND COMMISSIONS (AB2010-
143B)
(Clerk's Note: these items were discussed concurrently.)
Mann stated this is not a referendum on what happened last year. It's about making
the rules clear and what the Council intends to happen. Rewriting the Code was more
difficult than he thought it would be, because of all the questions and nuances. Therefore,
it's easier and clearer to just say that no sitting councilmember is eligible.
Brenner stated she originally thought the intent for making changes was to clarify
the Code. She won't support anything that changes what is allowed now. Everyone should
have as broad a selection as possible. Figure out whether they want to clarify things, or
change things.
Nelson asked if the proposed changes have been reviewed to meet State codes and
parliamentary procedure.
Dana Brown- Davis, Clerk of the Council, stated everything is fine.
Weimer stated legal counsel should review the proposed changes.
Committee of the Whole, 3/30/2010, Page 1
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Crawford stated they will work from the versions in the Council packet. He
referenced Code section 2.02.020
Mann moved to approve subsection (B) as it's shown in the packet. It's simpler,
clearer, and removes the perception that being on the Council is a "club." Get the public
involved and invested in the process.
Brenner stated don't exclude anyone. The broader the selection, the better.
Weimer stated he supports the motion. The over - arching reason for filling a vacancy
is to get the Council back up to strength as soon as possible.
Crawford stated he is against the motion. He will propose an alternate version in the
substitute document submitted earlier. What happened last time can happen again in the
future in a way that is clear and specific. His proposal makes sense and works.
Knutzen stated the appointment process is a shorter process. The motion will work.
Nelson stated consider whether the system is broken and needs to be fixed. As long
as they go through the process, he's fine with any sitting councilmember being appointed.
Experience on the Council is a valuable asset. Take the politics out of this. The system as it
is isn't broken. These changes will break it.
Brenner stated the Council and community should focus on the issues. It's not right
to single out this Council.
The motion failed by the following vote:
Ayes: Mann and Weimer (2)
Nays: Brenner, Crawford, Knutzen, Kershner and Nelson (5)
Nelson stated he prefers to leave this section as it is. He understands the intent. If
councilmembers are in an existing seat, they can't possibly fill another seat. The only time
a current councilmember could take an appointed position is if it is the last meeting of the
year of the person's last year of term.
Brenner moved to approve the language for subsection (C) in the handout version,
and make it subsection (B). °B. A county council member currently serving a term and
meeting the eligibility requirements of 2.02.020 A. above, but whose term will expire within
60 days of a council vacancy, shall be eligible for nomination by another council member
and appointment to fill a council vacancy term governed by Section 4.50 of the Whatcom
County Charter. That council member may vote on the appointment of other nominees to
that same vacancy, but shall not vote on his or her own appointment. No council member
may nominate himself or herself to fill a council vacancy."
Knutzen stated this subsection should be reworded. The intent is good, but it seems
like it's trying to give them grounds to do what was done.
Brenner withdrew her motion.
Crawford stated he is willing to let the old language stand, and not have a section
Committee of the Whole, 3/30/2010, Page 2
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Mann moved to amend to add a subsection (B), °B. A county council member
currently serving a term and meeting the eligibility requirements of 2.02.020 A. above, but
whose term will expire within 60 days of a council vacancy, shall be eligible for nomination
by another council member and appointment to fill a council vacancy term governed by
Section 4.50 of the Whatcom County Charter. That council member may not vote on the
appointment of other nominees to that same vacancy, and shall not vote on their own
appointment. No council member may nominate himself or herself to fill a council vacancy."
He doesn't agree with legal counsel that there was no conflict of interest in Councilmember
Nelson's votes.
Nelson stated he would only look at the last part for clarity. They must have clarity
to avoid a situation where a councilmember's vote for himself or herself does not impact the
overall vote. While acting as a councilmembers, they represent the people, not themselves.
He questions whether there is potential for conflict. He suggested a friendly
amendment to add a different subsection (B), "B. That council members may not vote on
the appointment of other nominees to that same vacancy, and shall not vote on their own
appointment. No couneil member may nerninate himself eF heFself to fill a eouneil vacaney."
10:47:42 AM Get legal review on whether they can alienate the citizens from
representation by not allowing a councilmember to vote. He's concerned it would be illegal
or inappropriate to not represent his District 1 residents and not vote.
Mann withdrew his motion.
Crawford stated Councilmembers Mann and Nelson can work with legal counsel to
get this review. Put the concerns in writing, so they all understand the question being
asked of the attorney.
Weimer stated he agrees with removing the first sentence about the 60 days and
leave in the language at the end. It makes sense to get legal review.
Crawford stated he only inserted that language to make it clear what they are talking
about. Without the timeframe, it's difficult to understand to what they are referring in the
first place. He's not sure how to reconcile that. A timeframe is the only idea he came up
with to address a potential voting situation.
Weimer stated that if they leave it alone, a sitting councilmember could be
nominated at any point. If that councilmember so chooses, he or she could resign the
current position to take the vacant position.
Nelson stated a councilmember can't vote to move into another Council position.
Weimer stated legal counsel would need to clarify whether or not that could happen.
Crawford stated they will get answers from the Prosecutor and hold this item in
Committee of the Whole.
OTHER BUSINESS
There was no other business.
Committee of the Whole, 3/30/2010, Page 3
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ADJOURN
The meeting adjourned at 11:00 a.m.
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council &o.w hatcom .wa.us
Dana Brown - Davis, Council Clerk
Sam Crawford, Council Chair
Committee of the Whole, 3/30/2010, Page 4