HomeMy WebLinkAboutCounty Council for February 2 1983WHATCOM COUNTY COUNCIL
Minutes
February 1, 1983
The Special Council meeting was called to order Tuesday,
February 1, 1983 at 8:05 a.m, by Chair Cole with all members
present. Also present were Phyllis Entrikin, Sheila Molnar,
attorney and Bob Partlow.
The matter before the Council was whether or not
the meeting should be held in open session. Cole reported
the Prosecuting Attorney's office advised him that the meeting
could be held in closed session if the Council so desired.
Muenscher moved to hold the meeting in closed session.
Roehl spoke against the motion saying the option should
be left up to Sue Guthrie or her attorney.
Entrikin and Molnar stated they did not have a preference
one way or the other whether the meeting was open or closed.
Partlow, on behalf the Bellingham Herald, objected to
the meeting being closed.
Muenscher's motion passed and the matter will be held
in Executive Session.
Meeting adjourned 8:15 a.m.
42.30.075 Title 42 RCW. Public Officers and encies
Effective date 1977 ex.s. c 240: See note following RCW
34.08.010.
Sevembility -1977 ex.s. c 240: See RCW 34.08.9 10
Public mating notices in state register: RCW 34.08.020.
42.30.080 Special meetings. A special meeting may
be called at any time by the presiding officer of the gov-
erning body of a public agency or by a majority of the
members of the governing body by delivering personally
or by mail written notice to each member of the govern-
ing body; and to each local newspaper of general circu-
lation and to each local radio or television station which
has on file with the governing body a written request to
be notified of such special meeting or of all special
meetings. Such notice must be delivered personally or by
mail at least twenty –four hours before the time of such
meeting as specified in the notice. The call and notice
shall specify the time and place of the special meeting
and the business to be transacted. Final disposition shall
not be taken on any other matter at such meetings by
the governing body. Such written notice may be dis-
pensed with as to any member who at or prior to the
time the meeting convenes files with the clerk or secre-
tary of the governing body a written waiver of notice.
Such waiver may be given by telegram. Such written
notice may also be dispensed with as to any member who
is actually present at the meeting at the time it con-
venes. The notices provided in this section may be dis-
pensed with in the event a special meeting is called to
deal with an emergency involving injury or damage to
persons or property or the likelihood of such injury or
damage, when time requirements of such notice would
make notice impractical and increase the likelihood of
such injury or damage. 11971 ex.s. c 250 § t;.]
42.30.0% Adjournments. The governing body of a
public agency may adjourn any regular, adjourned regu-
lar, special or adjourned special meeting to a time and
place specified in the order of adjournment. Less than a
quorum may so adjourn from time to time. if all mem-
bers are absent from any regular or adjourned regular
meeting the clerk or secretary of the governing body
may declare the meeting adjourned to a stated time and
place. He shall cause a written notice of the adjourn-
ment to be given in the same manner as provided in
RCW 42.30.080 for special meetings, unless such notice
is waived as provided for special meetings. Whenever
any meeting is adjourned a copy of the order or notice of
adjournment shall be conspicuously posted immediately
after the time of the adjournment on or near the door of
the place where the regular, adjourned regular, special
or adjourned special meeting was held. When a regular
or adjourned regular meeting is adjourned as provided in
this section, the resulting adjourned regular meeting is a
regular meeting for all purposes. When an order of ad-
journment of any meeting fails to state the hour at
which the adjourned meeting is to be held, it shall be
held at the hour specified for regular meetings by ordi-
nance, resolution, bylaw, or other rule. [ 1971 ex-s. c 250
§ 9.]
42.30.100 Continuances. Any hearing being held,
noticed, or ordered to be held by a governing body at
any meeting may by order or notice of continuance be
continued or recontinued to any subsequent meeting of
the governing body in the same manner and to the same
extent set forth in RCW 42.30.090 for the adjournment
of meetings. 11971 ex.s. c 250 § 10.1
42.30.110 Executive sessions. Nothing contained in
this chapter shall be construed to prevent a governing
body from holding executive sessions during a regular or
special meeting to consider matters affecting national
security; to consider the selection of a site or the acqui-
sition of real estate by lease or purchase, when publicity
regarding such consideration would cause a likelihood of
increased price; to consider the disposition of real estate
by lease or sale, when publicity regarding such consider-
ation would cause a likelihood of decreased price; to
consider the appointment, employment, or dismissal of a
public officer or employee; or to hear complaints or
charges brought against such officer or employee by an-
other public officer, person, or employee unless such of-
ficer or employee requests a public hearing. The
governing body also may exclude from any such public
meeting or executive session, during the examination of
a witness on any such matter, any or all other witnesses
in the matter being investigated by the governing body.
If executive sessions are held to discuss the disposition
by sale or lease of real estate, the discussion shall be
limited to the minimum selling or leasing price. [1979 c
42 § 1; 1973 c 66 § 2; 1971 ex.s. c 250 § 11.]
42.30.120 Violations Personal liability Pen-
alty. Each member of the governing body who attends a
meeting of such governing body where action is taken in
violation of any provision of this chapter applicable to
him, with knowledge of the fact that the meeting is in
violation thereof, shall be subject to personal liability in
the form of a civil penalty in the amount of one hundred
dollars. The civil penalty shall be assessed by a judge of
the superior court and an action to enforce this penalty
may be brought by any person. A violation of this chap-
ter does not constitute a crime and assessment of the
civil penalty by a judge shall not give rise to any dis-
ability or legal disadvantage based on conviction of a
criminal offense. f 197 c 66 § 3; 1971 ex.s. c 250 § 12.1
42.30.130 Violations Mandamus or injunction.
Any person may commence an action either by manda-
mus or injunction for the purpose of stopping violations
or preventing threatened violations of this chapter by
members of a governing body. [ 1971 ex.s. c 250 § 13.1
42.30.140 Chapter controlling Application. if
any provision of this chapter conflicts with the provisions
of any other statute, the provisions of this chapter shall
control: Provided, That this chapter shall not apply to:
(1) The proceedings concerned with the formal issu-
ance of an order granting, suspending, revoking, or de-
nying any license, permit, or certificate to engage in any
business, occupation or profession or to any disciplinary
ITitk 42 RCW —p 501 t 1981 Ed.'