HomeMy WebLinkAboutPublic Works November 19 19981
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WHATCOM COUNTY COUNCIL
Public Works and Capital Projects Committee
November 10, 1998
The meeting was called to order at 1:30 p.m. by Committee Chair Barbara Brenner in the
Council Committee Room, 311 Grand Avenue, Bellingham, Washington.
Also Present: Absent:
Marlene Dawson None
Tom Brown
COMMITTEE DISCUSSION
1. DISCUSSION REGARDING AMENDING ORDINANCE 97 -045, ESTABLISHING A
CODE OF ETHICS FOR WHATCOM COUNTY ELECTED PUBLIC OFFICIALS
(AB98 -194)
Dawson read a document into the record (Handout on file.)
Brenner stated that the issue is her distribution of County fliers of notice of a public
hearing. She will use Council letterhead when she does anything as a Council member. She was
elected to use Council letterhead when acting in a capacity as a Council member.
Dawson stated that the County Council staff typed them up. Also, a flyer was distributed
without the notice of a meeting date or time. Only the opinions were included on the flyer.
Brenner stated that she was not involved in that. Anyone can make copies of information
in the Council members' correspondence files. She did not use County resources for the second
flyer. It was a Health Department hearing. She will use County staff on any information that is
related to something that she does in her committee.
Dawson stated that they need to determine what professional behavior is.
Brown stated that anything that would not be in the official capacity is already covered
under section 14 of the ethics ordinance. If there is an allegation, then a notice or complaint
should be sent to the Ethics Commission. Also, he shouldn't have to ask permission of other
Council members to discuss issues with the public. He discusses with them his perspective of
the issues, not representative of the entire Council.
Brenner stated that the only time that item #1 occurred was when Dawson organized a
meeting at Sandy Point. There were four members at the meeting.
Dawson stated that she invited them to the meeting, she did not organize the meeting. It
was a block watch program.
Karen Frakes, Senior Civil Deputy Prosecutor, spoke on the behalf of staff. She
suggested staff needs further guidance in some format on appropriate procedures. They can put
restrictions on when the use of Council letterhead is appropriate. They can't restrict when a
Council member wants to contact someone. It is important, from staff's perspective, to have that
guidance.
Public Works and Capital Projects Committee, 11/10/98, Page 1
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Brenner stated that she would make up her own letterhead if she needed to.
Frakes stated that the line needed to be defined for staff to determine when a Council
member is acting as a Council member or as a personal advocate.
Brown suggested sending the issue to the Ethics Commission to ask them for their
opinion.
Frakes stated that the language of the ethics ordinance doesn't satisfy when Council
letterhead is appropriate. It is concerned with misuse of funds. She would appreciate having
clear policies and procedures when it is appropriate.
Brenner clarified that they are supposed to be advocates for the public.
Frakes stated that the use of Council letterhead needs established procedures.
Dawson stated that they have to determine what is professional. A part of the policies
and procedures is to establish professional conduct.
Brenner stated that if policies and procedures established are not ethical, then she would
not follow them.
Dawson questioned whether Brenner's opinion was that professional misconduct was an
ethical question.
Brenner stated that it depends on the definition of professional misconduct.
Dawson stated that professional misconduct is a violation of policy and procedures.
Brenner stated that if they established policies and procedures that were immoral, then
she would not agree to them. She would be abusing her position if she did agree to them.
Brown stated that he was not in favor of item #1. He did not want to limit the amount of
flyers. Under item #2 regarding personal opinions, if they do publicize something as a personal
opinion, language should be written outlining the topics of discussion, not the opinions.
Brenner stated that action would define the style a Council member could use. All the
Council members have their own style. She is not going to change her style.
Dawson stated that some people consider certain things inflammatory and potential for
litigation.
Brenner stated that if the truth is told, and it is inflammatory, it is still the truth. She did
not make any false statements on the flyers.
Dawson stated that one of the flyers contained a comment regarding the Mafia.
Brenner stated that she did not include anything in the flyer that was not true.
Public Works and Capital Projects Committee, 11/10/98, Page 2
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Dawson stated that Brenner alleged guilt by association, because a Recomp employee is
Italian. It held racist connotations.
Brenner stated that she never used the word mafia. A book called Organized Crime's
Involvement in the Waste Industry had a chapter on Browning Ferris, Inc. (BFI). That was all
that was stated in the flyer.
Dawson questioned the difference between organized crime and the Mafia.
Brenner stated that the Mafia is Italian organized crime. There is also Irish, Oriental,
Jewish, and other ethnic organized crime. She got the phrase "organized crime" from a book
published by the New York State Department of Environmental Conservation. She didn't make
it up.
Dawson stated that there was still implied guilt by association.
Brown stated that there was a documentary on waste haulers and providers. There were
connections with organized crime. This committee should send the complaint to the Ethics
Commission for their review. They are discussing professional conduct. They should ask the
Ethics Commission if they see a need to clarify these issues. He is afraid of being muzzled. He
is careful of what he says, but they have to have some freedoms.
Dawson asked about policies and procedures regarding sending out Christmas cards and
similar bulk mailings.
Brenner stated that there was already a policy on that issue.
Frakes stated that it would be a misuse of County's funds. It is already covered in
County policy.
Dawson stated that she would draft a letter to the Ethics Commission.
Brenner stated that they don't need to do anything with the Ethics Commission. The
Clerk of the Council is working on Council policies and procedures.
Frakes stated that it would be useful to have all policies and procedures written and in
one location.
Brenner stated that the chair of the Council stated that he would be having a meeting
regarding County Council policies and procedures.
Brown stated that the Ethics Commission should be used.
Brenner stated that policies and procedures could be clarified. She agreed on setting a
limit of using flyers and using County staff to create them. Any Council member should be
allowed to use County resources on any issue that the County has taken on as an issue, such as
lobbying the State to create better phone service in the County.
Frakes stated for the record that she disagreed that was an issue. It isn't within the
County's power to make something County business that it is not County business. This issue of
telephone service was a State Commission issue.
Public Works and Capital Projects Committee, 11/10/98, Page 3
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Brenner stated that the only County involvement in that was to assist the citizens in being
able to participate in the process with the State.
Brown suggested Council staff put together a list of existing County Council policies.
Brenner recommend that policies be clarified and be scheduled in a Committee Of The
Whole.
Frakes stated that they would check with other jurisdictions for examples. The City tried
it in the past, and couldn't get agreement.
Brenner questioned Frakes about having individual letterhead for each Council member.
Frakes stated that she would think about it.
Dawson stated that the federal and State have individual seals for each of its legislative
members.
Frakes stated that she is more comfortable with producing something that a Council
member can produce himself or herself, rather than at County expense.
(Clerk's Note, end of tape 1, side A.)
Brown stated that, as an example, Cherry point is controversial and if he decided to
support that development, then he should not go out and promote it as a legislator.
Frakes stated that it is when one begins using County funds to advocate a personal
opinion.
Brenner stated that she has more duties than legislating as a legislator.
Brenner moved to request a Committee of the Whole meeting to clarify Council policies
Motion carried unanimously.
ADJOURN
The meeting was adjourned at 2:25 p.m.
Jill Nixon, Minutes Transcription
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Barbara Brenner, Council Member
Public Works and Capital Projects Committee, 11/10/98, Page 4