HomeMy WebLinkAboutCommittee of the Whole September 28 20041
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
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
September 28, 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:
Laurie Caskey- Schreiber Barbara Brenner
Sam Crawford
Seth Fleetwood
Sharon Roy
L. Ward Nelson
OTHER BUSINESS
ADDENDUM:
BRIEF DISCUSSION WITH CLERK OF THE COUNCIL DANA BROWN -
DAVIS REGARDING PROCEDURES FOR FILLING AN INTERIM
DISTRICT COURT JUDGE POSITION (AB2004 -018)
Brown -Davis asked if the Council is ready to move ahead with the
appointment process and, if so, the amount of time they want to take for people to
submit their applications.
Caskey - Schreiber asked the Council's deadline. Brown -Davis stated the
Council does not have a deadline.
Nelson asked the term length. Brown -Davis stated the term is two years.
Caskey- Schreiber asked when Judge Uhrig leaves the position.
Nelson stated he's already left.
Fleetwood stated the court will use judges pro tempore in the interim.
McShane stated Ms. Brown -Davis distributed a suggested application
process. He asked if the councilmembers are comfortable with the application
process.
Brown -Davis stated they would use an application, figure out a deadline for
the application process, and then set up interviews just like the Council did with the
Sheriff appointment process.
Committee of the Whole, 9/28/2004, Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
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.
Nelson stated he is concerned that he is not able to interview people about
the applicants, given his work on active military duty.
McShane stated this application process will include more information from
each applicant, including a resume, references, and other information.
Crawford stated he's fine with the process.
McShane stated there is Council consensus on the application and interview
process. He suggested that an application deadline be the end of October. Brown -
Davis stated she needs time to advertise. The application asks for a lot of
information.
Caskey- Schreiber asked if the deadline will fall during budget discussions and
the holidays.
Nelson stated they want to deal with it before then.
McShane stated the application deadline would be the end of October, and he
hopes to complete the interview and hiring process by the end of November.
Nelson stated that is when the budget process is scheduled.
McShane stated the budget is scheduled for approval on November 9. If the
Council is done with the budget on November 9, then it can schedule interviews.
Fleetwood asked how long it takes to get the notices out. Brown -Davis
stated it depends on how often the Council wants it advertised.
Fleetwood stated the word will get out to everyone who wants to know within
24 hours. The lawyers are already talking about it. Their biggest question is when
the application window is. Brown -Davis stated the application window is the
Council's decision.
Nelson asked what the Council does with the materials it has already
received from people. Brown -Davis stated everyone has to follow application
procedures.
Caskey- Schreiber stated staff should add the extra materials to an applicants
application packet.
McShane asked if there was Council consensus on the application deadline at
the end of October.
Fleetwood stated the application process should be done in a week.
Interviews should be held the following week. People are ready to go right now.
Committee of the Whole, 9/28/2004, Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
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 there might be potential applicants who aren't in the circle of
people that Councilmember Fleetwood talks to. She asked if people from out -of-
town may apply. Brown -Davis stated the applicants have to live in the local
district.
Roy stated she agreed with the deadline being the end of October. Do
interviews after the budget process.
McShane stated the majority of the Council concurs with setting the deadline
at the end of October.
Roy stated the application requires references, including a current employer.
There are people who are their own bosses, and they don't have a current
employer.
Caskey- Schreiber stated that language in the application should be removed.
Applicants could also be working for someone who is also applying.
Roy stated they should require three references, but not require that one be
from a current employer. A lot of attorneys are in practice themselves.
years.
McShane suggested that any references be within a timeframe, such as 15
Crawford asked if there is a law governing how the Council appoints
someone.
McShane stated the law only says that the Council must appoint someone.
They want to approve a process. The Council has reached consensus on the
process. The Council has also reached consensus on the application deadline being
the end of October.
Crawford asked if there is anything that prevents the Council from appointing
David Rhea, without going through the process. He has no political interest, is
currently retired, did this job for years, and is willing to do the job now.
Fleetwood stated the Council has that prerogative. He moved to appoint
David Rhea.
Motion failed 3 -3 with Fleetwood, Crawford, and Nelson in favor.
Caskey- Schreiber stated she voted against the motion because she wants to
see what applicants are out there. She wants to know all their options.
Roy stated she agreed with Councilmember Caskey- Schreiber. She was
impressed with Councilmember Fleetwood's argument that there are a lot of good,
Committee of the Whole, 9/28/2004, Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
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.
experienced attorneys who are interested in the position. They need to
acknowledge that because of common courtesy and professionalism.
Fleetwood stated he agreed with Councilmember Roy. The only reason he
voted for the motion was to take the politics out of it.
McShane moved to accept the application as presented, and to receive
applications until the end of October.
Roy moved to amend the application to remove language about requiring a
letter of recommendation from an employer, references being within 15 years, and
having the current supervisor write a letter of recommendation. Just ask for
references.
Caskey- Schreiber moved to require three one -sided page letters of
references.
McShane did not accept Councilmember Caskey- Schreiber's motion
as a friendly amendment. He accepted Councilmember Roy's motion as a
friendly amendment.
Motion to set the deadline and approve the application as amended
carried unanimously.
Nelson stated they should announce when the final decision is made.
McShane moved to make the decision by December 1, 2004.
Motion carried 5 -1 with Fleetwood opposed.
Caskey- Schreiber asked when the position would begin.
McShane stated that once appointed and sworn in, the person is the judge.
Crawford asked if an option is to fill in with judges pro tempore for two
years. Brown -Davis stated legal counsel advised against it.
Crawford stated that he wanted to discuss a third item, which is a potential
land purchase, in executive session. It's a continuing discussion of a purchase
they've already discussed.
McShane moved to go into executive session for approximately 45 minutes
to discuss the two agenda items and Councilmember Crawford's land purchase
item.
Motion carried unanimously.
Committee of the Whole, 9/28/2004, Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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.
1. DISCUSSION WITH SENIOR DEPUTY PROSECUTOR DAVID GRANT
REGARDING A GMA APPEAL OF THE RURAL CHAPTER OF THE
WHATCOM COUNTY COMPREHENSIVE PLAN (AB2004 -018)
2. DISCUSSION WITH SENIOR DEPUTY PROSECUTOR DAVID GRANT
REGARDING POTENTIAL LITIGATION PERTAINING TO THE LAKE
WHATCOM FOREST MANAGEMENT PLAN (AB2004 -018)
ADJOURN
The meeting adjourned at approximately 7:00 p.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on October 12 , 2004.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, Council Clerk Dan McShane, Council Chair
Committee of the Whole, 9/28/2004, Page 5