HomeMy WebLinkAboutPublic Works May 5 1998I WHATCOM COUNTY COUNCIL
2 Public Works and Capital Projects Committee
3
4 May 5, 1998
5
6 The meeting was called to order at 1:30 p.m. by Committee Chair Barbara Brenner
7 in the Council Committee Room, 311 Grand Avenue, Bellingham, Washington.
8
9 Also Present: Absent:
10 Tom Brown
11 Marlene Dawson
12
13 COMMITTEE DISCUSSION
14
15 1. DISCUSSION REGARDING AMENDING THE ORDINANCE ESTABLISHING
16 A CODE OF ETHICS FOR WHATCOM COUNTY ELECTED PUBLIC
17 OFFICIALS (AB98 -194)
18
19 Brenner asked if the members felt there were any items missing from the
20 ordinance.
21
22 Brown stated he felt the ordinance applied to quasi-judicial matters that are only a
23 small part of the members' work. He questioned whether it would apply to legislative
24 activity, for example, ordinances.
25
26 Brenner replied that the material presented by Roy Ingham showed where it
27 would apply in legislative activities and where it would be overly burdensome and unfair
28 to legislators. Included was wording from the State code of ethics which talked about
29 any actions by legislators which would benefit a legislator more than anyone else in that
30 particular broad group, not to be confused with a narrow group. It allows legislators to
31 do their job without benefiting them unduly.
32
33 Dawson stated that some people are confused by the fairness issue as it concerns
34 legislators.
35
36 Brenner replied that the question is covered in the material from Mr. Ingham.
37 Only when a member is affected more than a member of the public, is there a conflict of
38 interest. If there is a question, first speak with our Prosecuting Attorney.
39
40 Dawson stated that she would like to expand the conflict of interest to include
41 appointed public officials and persons contracting their services to the County.
42
43 Brown stated that if there is a possible conflict of interest or a question of
44 involvement, it should be divulged at the time of the vote rather than relying on a
45 document filed once a year.
46
Public Works Minutes, 5/5/98, Page 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
A discussion followed on fairness and conflict of interest.
Gibson stated that it is helpful to read the ethics commission's decision with
regard to the issue of the public disclosure form. It discusses whether listing information
on the PDC is sufficient to satisfy code of ethics disclosure requirements.
Brenner stated that she was in favor of Council members being responsible for
making disclosures at the time of a vote.
There was further discussion on conflict of interest.
Hoag felt that a conflict of interest should encompass immediate family members
who don't actually live in the home.
There was a discussion of broad and narrow groups.
Brenner would like to see a clause put into the ethics ordinance that allows the
Ethics Commission to use discretion, and also if Council's intent isn't clear to give them
the authority to ask for our intent. Any results from today's meeting should be sent to the
Ethics Commission members to request their comments.
Gibson stated the difficulty is in knowing all the business interests of immediately
family.
Brenner stated that if a conflict of interest arose with immediate family it should
brought before the Ethics Commission.
Gibson stated the State ethics codes do not apply to local officials, but there are
State laws against local officials engaging in conflicts of interest.
(Clerk's Note: End of side 1, tape 1)
Brenner asked if the Constitutional prohibition against conflict of interest could
be incorporated into the local ordinance.
Gibson replied that the State statute on conflict of interest applies only to
contracts. The Constitution applies to broader conflicts of interest.
Brenner requested a copy of the Constitutional law on conflict of interest for
incorporation.
Brown moved that staff write a letter to the Ethics Commission and ask them
what type of problems they encounter with the ordinance and if they have any specific
recommendations.
The motion passed unanimously.
Public Works Minutes, 5/5/98, Page 2
2 A discussion followed on conflict of interest and disclosure.
3
4 Brenner stated that regarding the concerns of Council member Hoag regarding
5 potentially expanding the definition of immediate family, Brown's and her original drafts
6 were expanded, but the Council voted to limit what exists as immediate family.
7
8 Brenner asked Gibson if wording applied to a reasonable person would assume
9 that person had knowledge, not some obscure silent partnerships, but ownership of
10 property by a family member that is on the tax rolls.
11
12 Gibson replied that it is impossible to cover every situation. Common sense
13 should prevail.
14
15
16 2. VIEWING AND DISCUSSION OF A VIDEO REGARDING AN
17 INVESTIGATIVE REPORT ON VOTER FRAUD IN KING COUNTY AND
18 POSSIBLE IMPLICATIONS FOR WHATCOM COUNTY (AB98 -196)
19
20 Brenner made a disclaimer that this is only a possible implication for Whatcom
21 County. When she put this on the agenda is, she wanted to question whether voter fraud
22 could filter into Whatcom County. She, in no way, meant this to be viewed that the
23 County has any problems with fraud.
24
25 Brown saw the tape on King 5 and felt it would be of interest because of past
26 close elections.
27
28 The members viewed the video.
29
30 Brenner stated her concern regarding "motor /voter" registration and if there had
31 been any complaints received by the Auditor's office.
32
33 County Auditor, Shirley Forslof, stated that checking for duplicate names is done
34 periodically. She brought a voter form to show the types of questions asked. Neither the
35 National Voter Registration Act or the Washington State Act require proof of citizenship.
36 As to the "motor /voter" situation, the question "are you a citizen" is going to be asked
37 before registration in future. If someone feels there is fraud, there is a challenge form
38 that questions if the person is a citizen, is 18 years of age, if they don't live where they
39 are registered to vote.
40
41 Brown asked if there is a check on deceased voters, married persons voting under
42 another name, or registered in their own place.
43
44 Forslof replied that the department uses obituary notices, list of deaths from the
45 Medical Examiner, post office matchings, mailings, change of address forms and the
46 office is constantly updating.
47
Public Works Minutes, 5/5/98, 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
Brenner requested that further information on updating voters be put in writing as
time was running short.
Hoag stated that in the past if you did not vote in Federal elections you were
pulled out and asked if this happened now.
Forslof replied that you go on the inactive list and after 2 Federal elections, if you
don't vote or sign a petition, you are cancelled.
Hoag would like to have I.D. presented in order to vote.
Forslof replied there was a proposal in the last legislature that when voting at the
polls a person had to show I.D. The bill did not get through the legislature.
Brenner moved to propose that the Committee recommend to the full Council to
send a letter to the State legislators and to Congress asking them to pass legislation to
require proof of U.S. citizenship to become a registered voter.
Motion passed unanimously.
OTHER BUSINESS
The meeting was adjourned at 2:30 p.m.
Valery W. Anderson, Transcriptionist
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Barbara Brenner, Council Member
Public Works Minutes, 5/5/98, Page 4