HomeMy WebLinkAboutCommittee of the Whole May 2 20001
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
WHATCOM COUNTY COUNCIL
Committee Of The Whole
May 2, 2000
The meeting was called to order at 6:30 p.m. by Council Chair Marlene
Dawson in the Council Committee Room, 311 Grand Avenue, Bellingham,
Washington.
Also Present: Absent:
Dan McShane None
L. Ward Nelson
Connie Hoag
Barbara Brenner
Sam Crawford
Robert Imhof
1. DISCUSSION WITH COUNCIL CLERK DANA BROWN -DAVIS AND
DEPUTY CLERK MARINA ENGELS REGARDING COUNCILMEMBER
TRAVEL (AB2000 -017)
Dana Brown - Davis, Clerk of the Council, questioned whether the Council was
interested in getting travel cards. All travel reservations can be put on the card. It
would be easier. If they put gas on it, they won't get reimbursed for the wear and
tear on the use of a personal car for County business. It takes the Council staff at
least two weeks to cut a check. If the Council wants to attend a function that is
sooner than two weeks, the staff can't get the councilmember registered.
Nelson stated it is a good idea.
Hoag questioned how the approval process would work. Brown -Davis stated
it would be done the same way it is done now, except it would be after the fact.
Nelson stated that, usually when they attend an event, the councilmembers
have to use their own credit cards, which incurs a cost to the councilmembers.
Marina Engels, Deputy Clerk, stated it is an American Express card that is
issued by the County in the name of each councilmember.
Hoag questioned whether they could use if for meals. Engels stated they
can, but they don't get the per diem amount. They would receive the amount paid,
up to the per diem amount.
Nelson stated that, if they are going to use it for a meal, they'd better have
their entire meal ticket. It doesn't cover drinks.
Committee of the Whole, 5/2/2000, 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
48
Brenner questioned whether they are allowed to cover drinks. Brown -Davis
stated it is not allowed.
Nelson stated the also need to note whom they are buying meals for and for
what reason.
Hoag questioned whether they still need the meal ticket if they turn in the
per diem amount. Engels stated they have to turn in the original receipt to her.
The American Express bill, which is for all County credit cards, goes to the Finance
Department. The Finance Department will pay whatever the total is. Then, the
Finance Department will send a bill to the Council office. She has to reconcile the
receipts she has with the charges on the bill.
Hoag questioned whether it makes it any harder for Engels to have to do
that. Engels stated it does not. Her frustration, as well as the councilmembers', is
that she can't get them registered. She is not comfortable having their credit card
numbers. The councilmembers will take care of their own travel arrangements with
their credit card.
Brenner stated they don't recommend using the card for gas expenses
because reimbursement does not allow for wear and tear on the car. Engels stated
the Internal Revenue Service (IRS) currently allows $.325 per mile. If they put the
gas expenses on the car, they will be reimbursed just for gas. She recommended
that the councilmembers handle their mileage as they normally would.
Dawson questioned whether anyone was uncomfortable with the procedure.
The Council agreed to the procedure.
Brown -Davis distributed the application forms.
OTHER BUSINESS
Hoag stated that, at the last Committee of the Whole meeting, during
executive session, she made some comments, particularly to Councilmember
Imhof. She feels she created a fearful and hostile environment. That was
not her intent. She is not out to get anyone. She wanted everyone to work
together. Her concern was that she didn't feel they properly processed the
appeal and it wasn't given the consideration they deserved. She regretted
what she said and the way she said it. She wanted to work together with
people, and that wasn't the message that came across. She talked to
Councilmember Dawson about the process they've been following regarding
the Hearing Examiner process. They are going to try to put something
forward that will provide better legal review at the Council level.
Brenner questioned whether they could go into a statement about
needing better legal review.
Committee of the Whole, 5/2/2000, 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
47
Nelson stated any change should go through the Council first.
Hoag stated there are already established procedures that the Council
is not following. During the Council retreat, and in a subsequent memo, they
discussed the function of the legal counsel. It clearly stated that it is not
legal counsel's job to provide an opinion on the merit or lack of merit on a
particular case. They are just supposed to answer the Council's legal
questions and, if necessary, lay out the issues in the case. Legal counsel is
not supposed to come in and say how they think.
Nelson stated it is that their opinion is not required.
Hoag stated it is not that it is not required, they are not supposed to.
It is an appeal to the Council, not an appeal to the attorney. The
councilmembers are supposed to review the facts of the case. The legal
counsel is there to answer their legal questions.
Nelson questioned Hoag about the role of the Council in regards to an
appeal.
Hoag stated the role is to review the public record that is presented.
Nelson questioned Hoag about how the Council is to act.
Hoag stated the Council acts as the judge.
Nelson stated they act as the judicial body. He questioned Hoag about
whether judicial bodies ask attorneys for their opinions.
Brenner stated the Council is allowed to ask for their opinion.
Hoag stated judges ask for a lawyer's opinion when there are two
lawyers present to present opposite sides of a case. That is not what
happens here. They have the Council acting in a quasi - judicial format with
the legal counsel present to answer legal questions. That is not what has
been happening. She is asking that the legal counsel present the issues in
the case, but not present his or her opinion. It is not his or her job to give
the Council his or her opinion.
Brenner stated they've been doing it this way for years.
Nelson stated he has not heard that.
Imhof stated it is better legally to get their opinion because they have
to defend the Council's decision.
Committee of the Whole, 5/2/2000, 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
Brenner stated that, traditionally, legal counsel has provided a
summary.
Nelson stated the legal counsel has always presented both sides.
Hoag stated they haven't been getting that lately.
Nelson stated they have.
Hoag stated they've been getting opinion on how to vote.
ADJOURN
The meeting adjourned at 6:45 p.m.
Jill Nixon, Minutes Transcription
These minutes were approved by Council on June 13 , 2000.
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Marlene Dawson, Council Chair
Committee of the Whole, 5/2/2000, Page 4