|
Council dismisses chair of Ferry Advisory Committee, reprimands member
posted 01/29/2008
PRESS RELEASE: The San Juan County Council acknowledged the time and dedicated service the Chair of the County’s Ferry Advisory Committee (FAC) has given to the county, but voted 4 to 1 to dismiss him from the committee. In the words of Council Member Rich Peterson, the recent actions of Committee Chair Alex MacLeod had "caused damage so severe that he needs to be removed."
The Council also voted 5-0 to issue a letter of reprimand to longtime committee member Ed Sutton of Orcas Island, while also expressing appreciation for his service.
The Council’s action was spurred by an incident on January 14, 2008 when the Ferry Advisory Committee ignored the request of Council Chair Howie Rosenfeld to adjourn a meeting that had not been legally advertised. At that time Chairman MacLeod said that the Committee would conduct no substantive business, but shortly after the meeting he sent an email to a Washington State Ferry official asking for a draft schedule that delayed the seasonal resumption of ferry service between Anacortes and Sydney, Canada, for 20 days. That request, made without the consulting the Council, set off heated protests from Anacortes and Skagit County.
Council members were also moved by a December 26, 2007 guest editorial published by the Seattle Times in which MacLeod, identifying himself as Chair of the San Juan County Ferry Advisory Committee, characterized the Washington State Ferry staff as "dumb and inept." Council Chair Rosenfeld said that in conversations with state legislators, ferry officials and other municipal officials he heard that communications with MacLeod and the Ferry Advisory Committee characterized as often "belligerent and hostile."
In testimony at Monday’s meeting, MacLeod defended his actions and attitude as necessary to protect the interests of the islanders who depend on the ferries. "Often it seems like we’re beating our heads against a wall of indifference."
Councilmember Alan Lichter cast the dissenting vote against dismissing MacLeod, saying that the County will be losing one of its most knowledgeable people at a critical time for ferry service.
In his testimony, Committee member Sutton acknowledged he may have made mistakes because he was frankly unclear about many requirements of the open records and open meetings laws. He apologized for sharply critical remarks about Councilmembers he had made in emails to other committee members.
After Sutton’s testimony, the Council asked County Administrator Pete Rose and Prosecutor Randall Gaylord to design and deliver training on the requirements of state public meetings and open records laws to all County Boards and Committees.
MacLeod removed from ferry advisory committee;
Sutton reprimanded
By Sharon Kivisto
updated 01/29/2008 - posted 01/28/2008
Two weeks after holding an illegal meeting, San Juan County Ferry Advisory Committee Chair Alex MacLeod was removed from the committee. The county Council voted 4-1 (Council Bob Myhr was absent) to remove the Shaw Island resident from the volunteer position. By a unanimous vote, Orcas Island resident Ed Sutton will remain on the committee but will be sent a letter of reprimand.
The two men attended an executive session of the council to discuss the charges brought against them. Normally executive sessions are held behind closed doors. Both men asked for them to be held in public. MacLeod interrupted Sutton's session and repeatedly asked what right the council had to hold the hearing. He was told he was out of order.
Councilmember Gene Knapp said, "Forgetting to publish notice of one meeting is not the reason we are here. That was the tip of the iceberg." Among the reasons he listed were: holding three other meetings without notifying the public; meeting by email; referring to Washington State Ferries staff as "dumb" and "inept" in a Seattle Times editorial; defying an order of the county council; taking action after saying the committee won't take action.
At the beginning of the executive sessions the councilmembers expressed appreciation for the hours of volunteer service both have contributed to the county. They also expressed concerns about the negative impact of the strained relationships created by the FAC with the state government, Washington State Ferries, the Anacortes government, and others.
"Four of us have heard directly from multiples of people at all of these levels,"SJC Council Chair Howie Rosenfeld said, "Does it do San Juan County any good if the FAC leader is regarded at state level as hostile and belligerent?"
MacLeod said, "I don't know how to answer that."
MacLeod was asked by Knapp if it was true as asserted in the San Juan Islander editorial that the FAC met by email.
MacLeod said he had given copies of 272 emails sent to the entire committee to San Juan Islander. He said, "I don't know if it qualifies (as a meeting)," he said.
(Editor's note: The request was made for the emails after we received a tip the FAC was meeting by email. We asked for copies of email from January to April 2007). Under the county rules, FAC meetings are to be well advertised in advance and the public is to be encouraged to attend.
Asked if the committee met three times in 2007 without giving public notice as is stated in the editorial, MacLeod said, "I don't recollect."
At the beginning of the executive session he said, "Failing to provide public notice to a meeting is something that happens. Should we make a federal case out of it? No."
The January 14, 2007 meeting which he forgot to advertise at first appeared to have been put together at the last minute. During the executive session, it was brought up that FAC member John Whetten, who spends three months at his winter home, flew in for the meeting. He flies in for the WRIAA meetings and the FAC meeting had been scheduled around his timetable.
At the beginning of his session, MacLeod questioned the council's right to hold the session, the legality of the session, whether it was properly advertised and said he was "putting you on notice." Instead of using his opening statement to respond to the list of charges he lectured the council on ferry issues and how the councilmembers came up short.
Councilmember Kevin Ranker corrected him when MacLeod said the funds for the new ferries were being used instead for operating the Port Townsend passenger ferry. "That is not correct," Ranker said.
Several times during the session, MacLeod made comparisons to the leadership of Port Townsend who successfully defied the ferry system and the San Juan County Council. Knapp said, "You've used Port Townsend as the model for how to get things done. They don't have any ferry system at this point."
"No they don't, but they avoided a large ferry dock in downtown and a 144-car ferry unloading." MacLeod said.
The current dock will not accommodate most of the ferries in the WSF fleet. Since the steel-electrics are out of service, Port Townsend has been left without vehicle-ferry service. WSF's plans to build a new dock were put on hold after the public protest referred to by MacLeod. The protest came after a series of public meetings had been held.
Several times MacLeod was asked to answer the questions directly without long lectures to the council. At the end of the session, he said, "The reason I took my time is not to respond directly to these charges and complaints but to lay out the risks that exist... I apologize for the fact that we continued the (Jan. 14) meeting, for the fact I forgot to post the meeting and for whatever role I played in causing the council to think this is a good use of their time."
When voting to oust MacLeoad, San Juan County Council Chair Howie Rosenfeld said he had first tried to find a way to keep him but was unsuccessful. "He has been hostile and belligerent to a lot of people. He expressed no remorse and no regret. He only apologized for the meeting continuing. I don't see where there is any choice in the matter."
Councilmember Alan Lichter, who voted against the motion to remove MacLeod, said, "It is a huge mistake. You will be losing one of the two most knowledgeable people on ferries in the Puget Sound area."
While MacLeod was removed from the committee, Sutton was kept on but will receive a letter of reprimand.
Councilmember Rich Peterson said, "Ed did damage to county with his activities." He made a motion to place him on probation which he later amended to a letter of reprimand.
Knapp said, "I think the council has to recognize the council has some responsibility too. We need to redo the ferry advisory ordinance." Training in rules and procedures for all county advisory committees has been discussed by the council.
During his testimony Sutton was asked about several of his emails published in San Juan Islander. Ranker said,"Of concern to me was a formal request to you to provide us with a copy (of a proposed schedule). It is very clear your sentiment you didn't want to give it to us." Sutton had told the council WSF didn't want it released, WSF told Ranker it was fine with them and they'd welcome the council's input.
Sutton said, "I don't remember any of it. I remember Sharon's (Kivisto) original request (for the draft copy of the schedule). Beyond that I don't remember."
Knapp asked if proposed schedule changes had ever been forwarded to the county council as required under county code. Sutton said he didn't think so.
Peterson said the county code states "such meetings will be well advertised in advance. Do you think that is appropriate?"
Sutton said, "I have always been for public participation." When the Jan. 14 meeting continued after the council told MacLeod to stop the meeting because it hadn't been advertised, Sutton said. "When Sharon came in the room, I thought 'Oh good, we have a media representative. So we have a public conduit. The meeting can go on."
He said. "In my view the failure to advertise was an innocent mistake. As an FAC we are used to meeting quite informally."
Asked how things should change he said, "If we were to go forward,
as a member of considerably long-standing,
I think it would help to have an immediate definition of roles.
I am most comfortable reporting to you. It has always been sort of an odd relationship we've had.
It is imperative we work constructively.
I don't want to get in the way of that."
Rosenfeld said, "Your expressed congeniality runs counter to your emails."
Sutton said, "I would like to speak to the public. I considered the emails a personal communication.
Whatever the message, you don't expect it shared with the planet. I apologize to the public. It shouldn't have been necessary for my neighbors to read that. I am concerned about the reactions of my wife and daughter-in-law.
I feel badly the community had to read that. I feel badly in that regard. I apologize to the council in that regard. I apologize personally to Mr. Ranker. It was terribly insensitive. It
definitely wouldn't happen again.
The deliberations were held in public but the Sutton and MacLeod were not in attendance.
Ferry Advisory Committee holds illegal meeting
Asking WSF to draft spring schedule with no Sidney service
posted 01/15/2008
San Juan Ferry Advisory Committee met Monday, Jan. 14 without posting any public notice. SJC FAC Chair Alex MacLeod had been told last year the meetings must be advertised so the public and the press have a chance to attend. When told by San Juan County Council Chair Howard Rosenfeld the meeting would have to be rescheduled, MacLeod refused to stop the meeting.
Rosenfeld returned to the council staff meeting and asked, "What do you do if the committee refuses to stop meeting?"
Councilmember Alan Lichter said, "It's prudent to let this go." He suggested Rosenfeld send a letter stating what needs to be done in the future."
Councilmember Kevin Ranker said, "I'm frustrated we are in this situation."
"Let's give them a bye on this one," said Councilmember Rich Peterson. "This is not a legal meeting...If we push it, we'll blow it up bigger."
Ranker said, "It's not OK our chair went in there..."
Peterson said, "It's insubordination."
Ranker said, "How do you deal with that?"
Peterson said, "It's the tail wagging the dog."
The council agreed to let the committee continue the illegal meeting. Rosenfeld said the committee understood it was not a legal meeting and they agreed to just discuss things and not take any action.
In an interview on the inter island ferry after the meeting, MacLeod said the committee decided to ask Washington State Ferries to draft a spring schedule that will not include service to Sidney, British Columbia.
Open public meetings act applies to ferry advisory committee
RCW 42.30.010: The legislature finds and declares that all public commissions, boards, councils, committees, subcommittees, departments, divisions, offices, and all other public agencies of this state and subdivisions thereof exist to aid in the conduct of the people's business. It is the intent of this chapter that their actions be taken openly and that their deliberations be conducted openly.
The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.
The San Juan Ferry Advisory Committee is subject to the Open Public Meetings Act. Both the act and county policy require the committee to conduct their business in public. The county code requires the meetings to be "well advertised in advance, with the public encouraged to attend."
At least three SJC FAC meetings in the past 11 months have been held without any public notice. Others have been held by email. The penalty for violating the OPMA is a $100 fine. Enforcement requires someone to file a case in Superior Court.
|
