HomeMy WebLinkAboutCommittee of the Whole March 9 20041
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
WHATCOM COUNTY COUNCIL
Committee Of The Whole
March 9, 2004
Council Chair Dan McShane called the meeting to order at 6:15 p.m. in the
Council Committee Room, 311 Grand Avenue, Bellingham, Washington.
Present:
Barbara Brenner
Laurie Caskey- Schreiber
Sam Crawford
Seth Fleetwood
Sharon Roy
Absent:
L. Ward Nelson
McShane stated he would leave during the discussion with Dave Grant
regarding BP.
Caskey- Schreiber moved to go into executive session for approximately
45 minutes to discuss the agenda items.
Motion carried 4 -0 with Fleetwood and Crawford out of the room.
1. DISCUSSION WITH SENIOR DEPUTY PROSECUTOR DAVID GRANT
REGARDING GSX (AB2004 -018)
2. DISCUSSION WITH CHIEF CIVIL DEPUTY PROSECUTOR RANDALL
WATTS REGARDING POSSIBLE LITIGATION (AB2004 -018)
McShane stated they would speak on the record to establish findings for the
defense of County employees and people acting at the behest of the County.
Randall Watts, Chief Civil Deputy Prosecutor, read Whatcom County Code
2.56.030. In terms of subsection (A), he asked how the Council finds regarding
Mr. Mason in the Samuel Green manner.
McShane moved to approve the finding that he was acting in the capacity
of the County.
Motion carried unanimously.
Watts asked if the employee acted in the discharge of a duty imposed or
authorized by law. The allegation is that he was acting as crew lead for the
Sheriff's Office.
Committee of the Whole, 3/9/2004, Page 1
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Caskey- Schreiber moved to approve the finding that he was acting as
crew lead for the Sheriff's Office.
faith.
Motion carried unanimously.
Watts stated the employee must have acted in good faith.
McShane moved to approve the finding that the employee acted in good
Motion carried unanimously.
Watts stated the allegation was that Mr. DePaul was acting as Mr. Mason's
supervisor.
McShane moved that Mr. DePaul acted in compliance with WCC
2.56.030(A -C).
Motion carried unanimously.
Watts stated that, regarding the Granger matter, he urged the Council to
approve a motion regarding defending these committee members who are
operating on a committee for the County, for which they've been appointed,
without compensation for the benefit of the County. Therefore, the committee
members would be considered official agents of the County while operating within
the committee.
McShane moved to find that all people named were working in the capacity
of the County or as committee members.
Motion carried unanimously.
Watts asked Council to make a finding that all people named in the
complaint were operating under WCC 2.56.030(A -C).
McShane moved to find that that all people named in the complaint were
operating under WCC 2.56.030(A -C).
Motion carried unanimously.
Watts stated they've made the required findings under WCC regarding the
defense of individuals in this lawsuit.
McShane moved to go back to executive session.
Motion carried unanimously.
Committee of the Whole, 3/9/2004, Page 2
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
3. DISCUSSION WITH SENIOR DEPUTY PROSECUTOR DAVID GRANT
REGARDING BP (AB2004 -018)
ADJOURN
The meeting adjourned at approximately 7:00 p.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on March 23 , 2004.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dan McShane, Council Chair
Committee of the Whole, 3/9/2004, Page 3