EDITORIAL: Exactly how meaningless are the county rules?
By Sharon Kivisto
posted 01/15/2008
Citizen advisory committees play an important part in government. They can serve as a link between agencies and the general public. To do so it's essential they follow rules and procedures. When they become an entity unto themselves, it is time for the elected officials to step up and take charge. That time is now regarding the San Juan Ferry Advisory Committee.
Yesterday, January 14, 2008, the SJ FAC gathered in one of the small conference rooms in the legislative building (the Carlson building) in Friday Harbor to meet without any notice to the public. This violates the county code.
SJ FAC Chair Alex MacLeod has been told more than once it is necessary to advertise the committee's meetings. I have specifically requested to be notified of the meetings so I can inform readers in advance and report on the meetings.
When he was told by San Juan County Council Chair Howie Rosenfeld to reschedule, he refused. The council backed down and decided to send a letter of reprimand. The committee was allowed to continue the illegal meeting since the committee said no action would be taken.
The committee took action - deciding to ask Washington State Ferries to draft a spring ferry schedule which drops international ferry service.
The insubordination is not something that the council should ignore, especially since it has happened before.
One example is in SJ FAC member Ed Sutton's Feb. 13, 2007 email to MacLeod. A little background is necessary.
In January 2007, I attended a FAC meeting and asked for a copy of the document they were discussing. It was a draft schedule Sutton had put together for the summer which included substantial changes. MacLeod refused to give me a copy.
After action from the prosecutor and a public information request, I received the copy which under the county's rules should have just been handed to me.
A few weeks later, the council asked to see a copy of draft summer schedule. MacLeod said he would give the council a copy if WSF said it was OK. (Asked later by me in a phone interview, WSF staff had no objection to the release).
In the email which was released under another public information request: Ed Sutton responded to MacLeod and the rest of the committee:
Oh joy! This is getting tiresome. Do I remember correctly that we don't respond to the Council, and that our communication with them is solely a courtesy? Alex: please confirm or clarify! Further, though I am a member of the FAC, and just one of the three on the sub-committee that Alex appointed, I would venture that no one would contest that 98 percent of the work on these schedule proposals is mine!!!
Here's the deal!!! After the debacle with Sharon, I have confirmed with Randy Gaylord that we are only compelled to share our working documents with the public IF they are discussed in a formal public forum. So, I expect Alex (MacLeod) or Alan (Lichter) to tell Kevin to F*** OFF. If you all don't back me on this, I will destroy all of my notes and drafts. TOUGH S***, says I. My efforts have been a commitment to the community to improve our service for everyone's benefit, and I won't play Kevin's chicken-s*** political games. For your information, the only copies of the drafts after 8A are on my kitchen table. Don't push me on this because the only losers will be the community. If you don't like what I have to say, FIRE ME!!!!
I will commit to the process Alex suggests for publication after WSF signs off on our proposals. I will await your responses at your earliest convenience.
The council did not receive copies of the schedules and Washington State Ferries did not adopt any of the changes because Dave Remagen of WSF determined they were not workable.
Meeting in secret is nothing new for the FAC, in a March 1, 2007 email, Sutton wrote:
I was on the red-eye this morning, and I happened to notice that the WSF Anacortes tariff hearing was today at 9:00 a.m., so I went to observe. Attendance was 7-WSF, 4-FAC, 4-public, 2-Press (Sharon)!!!
Of most interest, Ian Munce pulled me aside and offered to have a joint FAC meeting with them. Oh Lordy! It sometimes pays to be in the right place at the right time. They are willing to come to our turf to discuss topics of mutual concern. I about fell down!!! I spoke for us all, and said that we would be most willing to do so. If you concur, I might suggest, Monday, March 26, 9:30-12:30 at the Orcas Hotel. The ferry connections work very nicely, except for you, who can come by boat.
Give me a GO, and I can call Ian, set it up, and see if we can put together an agenda. I suggest waiting until after the TC hearing and our own trip to Olympia to learn as much as possible about the decisions that will affect us all. My suggestion is that we keep it small, unofficial (?), no press (?) and see what developes.
Still tilting.
MacLeod responded:
Interesting, I almost went to that meeting, but it would have meant not getting home until 3 p.m. Glad you made it. Let's go ahead with the March 26 get together, but let's not call it a meeting. Just an opportunity to get to know each other and see if there are any overlapping issues that we might deal with together, officially, in the future.
In the summer 2007 schedule, allocations were taken from morning sailings from Orcas and Friday Harbor and given to Lopez. Ed Sutton sent an email to Councilmembers Bob Myhr and Alan Lichter about the numbers. He received this reply from MacLeod.
Ed:
Sharing our internal sorting of scheduling and allocation issues beyond our group is not helpful and I want you to stop doing it. We got caught once because I let a reporter into one of our meetings, but you and I have discussed this several times since, most recently when you were going to involve Kevin and Rich or Howie in the summer schedule dispute. We've agreed that this is a slippery slope that we don't want to get on. This stuff is complicated enough without adding more voices to the process. Please keep it in the committee until the committee has reached some conclusion.
Ferries affect all of us in the islands. Even if you never leave, your food, fuel, medicine, mail, money, etc, are transported here. We're all being short-changed by the FAC.
We need people on the ferry advisory committee who are willing to work in the open. Who respect the county Council. Who invite the public to the meetings. Who can follow rules. Who know how to communicate.
It's time for the council to take action. A letter of reprimand just doesn't cut it. It's time for new committee members.
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