HomeMy WebLinkAboutCriminal Justice Feb 21 2023Whatcom County
Council Criminal Justice and Public Safety Committee
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
Committee Minutes - Final
Tuesday, February 21, 2023
11:25 AM
Hybrid Meeting
HYBRID MEETING - ADJOURNS BY NOON; MAY BEGIN EARLY
(PARTICIPATE IN -PERSON AT 311 GRAND AVENUE SUITE 101, SEE REMOTE
JOIN INSTRUCTIONS AT www.whatcomcounty.us/joinvirtualcouncil, OR CALL
360.778.5010), MEETING START TIME REVISED 2.16.2023
COUNCILMEMBERS
Barry Buchanan
Tyler Byrd
Carol Frazey
CLERK OF THE COUNCIL
Dana Brown -Davis, C.M.C.
Council Criminal Justice and Public Committee Minutes - Final February 21, 2023
Safety Committee
Call To Order
Roll Call
Committee Chair Barry Buchanan called the meeting to order at 11:25 a.m.
in a hybrid meeting.
Present: 3 - Barry Buchanan, Tyler Byrd, and Carol Frazey
Absent: None
Also Present: Todd Donovan, Ben Elenbaas, and Kaylee Galloway
Announcements
Committee Discussion and Recommendation to Council
1. AB2023-090 Ordinance repealing Whatcom County Code 1.28, Standards for Correctional
Facilities, in its entirety
The following people briefed the Councilmembers and answered questions:
• Doug Chadwick, Undersheriff
• Bill Elfo, Sheriff
They answered whether an extension would be sufficient as opposed to
repealing Section 1.28 of the County Code since the goal was to have the
policies and procedures in place before repealing it, whether new policies
in the Lexipol policy system are being updated in real time as they are
adopted or whether the Sheriff's Office has to wait until they are all ready
to post them, and a concern about the ruling authority in Section 1.28.11
Subsection A which states, "The Whatcom County Sheriff shall have the
express authority to adopt any and all operational standards, rules, and
procedures for the Whatcom County Sheriffs Office Corrections Bureau as
needed."
Byrd moved that the Ordinance be recommended for adoption.
Frazey moved to hold this until the update is complete and have the
Sheriff's Office continue to work on the operational manual.
Karen Frakes, Prosecuting Attorney's Office, stated that before, the Council
had suspended the policies that are outdated and, in the meantime, allowed
the Sheriff's policies to sort of fill that void. The best path would be to
reinstate that suspension of the existing code provisions that have come
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Council Criminal Justice and Public Committee Minutes - Final February 21, 2023
Safety Committee
back to life since that expired at the end of the year.
Councilmembers and the speakers discussed the motion to hold, making it
clear that the antiquated standards are not in play at this point, seeing
examples of how other jurisdictions did this to be in compliance with State
law, seeing other manuals and procedures as referenced in the Staff Memo,
and why the language cannot say something like, "Subject to State
Requirements" and list the Revised Code of Washington (RCWs) we are
subject to.
Elfo stated there are no State standards (the RCW that established those was
repealed in 2006) and Wendy Jones, Sheriffs Office, stated she could walk
Galloway through the history of this item.
The motion to hold carried by the following vote:
Aye: 3 - Byrd, Frazey, and Buchanan
Nay: 0
Frakes answered whether there needs to be a motion to reinstate the code
provisions and stated a new Ordinance needs to be adopted in order to
suspend the language and put the old situation back in place, and Jones gave
some history of the item.
Frazey moved to suspend the language until December 31, 2023.
Councilmembers and Frakes discussed the motion.
The motion carried by the following vote:
Aye: 3 - Frazey, Byrd, and Buchanan
Nay: 0
Frakes stated she is happy to work with the Sheriff's Office on getting
something that could be introduced tonight if that is possible.
Clerk's note: See AB2023-156 added to the Council's agenda.
This agenda item was DISCUSSED AND MOTION(S) APPROVED.
Motion approved to Recommend that this be held and Motion Approved to Suspend the code language until
December 31, 2023.
Items Added by Revision
There were no agenda items added by revision.
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Council Criminal Justice and Public Committee Minutes - Final
Safety Committee
Other Business
Adjournment
There was no other business.
The meeting adjourned at 11:43 a.m.
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Kristi Felbinger, Minutes Transcription
February 21,2023
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WA
Barry Buchanan -via email 3/21/2023
Barry Buchanan, Committee Chair
Whatcont County Page 3