HomeMy WebLinkAboutCommittee of the Whole November 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
November 9, 2004
Council Chair Dan McShane called the meeting to order at 6:00 p.m. in the
Council Committee Room, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
Barbara Brenner None
Laurie Caskey- Schreiber
Sam Crawford
Seth Fleetwood
Sharon Roy
L. Ward Nelson
1. PROPOSED UPDATES FOR THE YEAR 2005 TO RESOLUTION 2003 -063
(UNREPRESENTED RESOLUTION) AND COMPENSATION FOR CERTAIN
UNREPRESENTED POSITIONS (AB2004 -387)
McShane moved to go into executive session.
Motion carried 6 -0 with Caskey- Schreiber absent.
2. DISCUSSION AND REVIEW OF REQUESTED PROPOSALS FOR
HEARING EXAMINER SERVICES (AB2004 -398)
3. DISCUSSION AND REVIEW OF APPLICATIONS RECEIVED FOR THE
POSITION OF INTERIM DISTRICT COURT JUDGE (AB2004 -359)
McShane announced that the committee discussed the first two agenda items
in executive session.
McShane stated the Council received ten applications for this position. One
idea was to create a short list of applicants and conduct interviews with those
applicants on the short list. Each councilmember can choose their top three or four
applicants and submit the names to him during the next week. He will then
establish a list of people to interview.
Brenner stated she would rather each councilmember say who they support,
and come up with a short list that way. She knows most of the applicants
personally, so a personal interview isn't needed. People can do it if they want to.
She'd rather discuss the applicants now.
Roy stated she doesn't know these people personally. She is impressed with
the quality of applicants and their references. The applicants are really strong
Committee of the Whole, 11/9/2004, 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.
candidates. She would like more time to review the applications. It's important to
acknowledge the applications so the applicants feel like they were taken seriously.
They worked hard getting the materials to the Council. She prefers Councilmember
McShane's suggestion.
McShane stated a shorter list would help them spend more time on each
applicant.
Fleetwood stated it's possible that the process suggested could result in
interviews with eight of the ten applicants. If that happens, than interview all
instead.
Crawford stated that they should go through the suggested process first to
see what happens and if they don't have to interview all applicants. However, if
they get to eight or nine applicants, than they should interview all.
Nelson stated this is a political process. He'd like to hear and see the
applicants react to the public. He suggested existing judges submit pertinent
interview questions. He would like to see how the applicants react to questions
posed by voters and people who are concerned about judges. That's more
important that educational information.
Roy agreed that they should ask situational questions.
Nelson suggested that the Council pose two or three questions, and require
the interviewees give their answers publicly within a given timeframe.
Fleetwood stated that suggestion is problematic.
Brenner stated that if the Council is going to do something like that, the
interviewees should have the questions ahead of time. Some of the applicants had
judges, attorneys, and commissioners supporting them. She doesn't want any one
applicant to get the questions ahead of time, to someone else's disadvantage.
Crawford stated he would rather the interviewees not know the questions
ahead of time, as was done during the Sheriff interviews.
Caskey- Schreiber stated there is a danger in that. They have to figure out
the criteria by which they will judge the interviewees. If they judge them on how
they respond in public, than the councilmembers have to clear their minds of pre-
selection, or else the applicants will have grounds to file a grievance.
McShane stated this is a political appointment.
Caskey- Schreiber stated she would rather handle it like the Council handled
it with the Sheriff interviews. Don't make it a circus.
Committee of the Whole, 11/9/2004, 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.
Roy stated she agreed with Councilmember Caskey- Schreiber.
Brenner stated that not only do the judges have their favorite applicants, but
the councilmembers do too. Make sure no one applicant has an advantage over
another.
Fleetwood stated the idea of feeding people questions and watch to see how
they do is a bad way to go. It would be more appropriate if the councilmembers
were well- trained in what a good, scholarly, judicial demeanor means. However,
they're not. That way is the wrong way. They find out from people practicing in
court all the time who is the best scholarly judge, who has the best capacity to
listen well to both sides, and who can demonstrate judicial demeanor. Give special
consideration to people who are actually there.
Nelson stated that means all the councilmembers have to do is ask the
judges who there favorite people are in court.
Brenner stated the applicants have already done that.
Roy stated she doesn't think the Council needs to worry about giving
someone an unfair advantage. In the Sheriff interview process, the Council asked
the same questions to all candidates, they felt very strongly, and their judgment is
subjective. No councilmember is going to slip his or her favorite candidate the
questions. Even if they did, the candidate still has to answer them. She's
interviewed a lot of job applications, but interview question results are always
subjective. As human beings, they will always be subjective. She liked the
combination of Councilmember McShane's idea to pick the top applicants, and
interview those applicants. If the selection of the short list process results in
almost all candidates being picked, then interview all.
Nelson stated that's not a process. That's not how they do it in Congress.
They're in the public.
McShane stated the meeting will be public.
Roy stated the councilmembers represent the public.
McShane asked the councilmembers to choose three candidates by next
Wednesday to create a short list of applicants. The Council will interview the
applicants on the short list. He liked the idea of getting questions from District
Court commissioners, Superior Court judges, and the Prosecutor's Office.
Caskey- Schreiber stated it's better for each councilmember to pick four, then
pick the top three or four from that list. Each councilmember should pick four.
McShane stated each councilmember would pick four applicants and the top
four applicants on the list would be interviewed. That will allow the Council time to
Committee of the Whole, 11/9/2004, Page 3
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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.
talk to each interviewee, who will become part of the County's law and justice
system. Perhaps the Council will learn a lot about the District Court. It will be a
way of establishing a relationship.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at approximately 7:00 p.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on November 23, 2004.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, Council Clerk Dan McShane, Council Chair
Committee of the Whole, 11/9/2004, Page 4