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HomeMy WebLinkAbout070716 Special Business Meeting CITY OF PORT TOWNSEND MINUTES OF THE SPECIAL BUSINESS MEETING OF JULY 7, 2016 CALL TO ORDER/PLEDGE OF ALLEGIANCE The Port Townsend City Council met in Special Session on the 7th day of July 2016 in the Council Chambers at 540 Water Street. Mayor Deborah Stinson called the meeting to order at 6:30 p.m. ROLL CALL Councilmembers present at roll call were Pamela Adams, Robert Gray, Catharine Robinson, Michelle Sandoval, Deborah Stinson, and Amy Howard with David Faber excused. Staff members present were City Manager David Timmons, City Attorney Steve Gross, and City Clerk Joanna Sanders. NEW BUSINESS Review of City of Port Townsend Code of Ethics (PTMC 2.80) and Appointment of Ethics Hearings Officer(s) City Attorney Steve Gross reviewed PTMC 2.80 and explained the processing of complaints against employees as distinguished from complaints against City Manager, former City Attorney, and complaints against Council or former Council members. PTMC 2.80 specifically excludes claims of violations of the personnel policies. Allegations against employees are handled by management and would be conducted according to personnel policies, collective bargaining agreement rules, and civil service rules. He then reviewed the ethics code processing timeline, including the timeline for contracting for services with the hearing officer. Mr. Gray requested staff obtain a cost estimate for processing the complaint. Mr. Gross responded to Council questions about how the legal defense of past councilmembers and employees would be handled. It is uncertain whether the City's Ethics Code would apply to former council and employees. Reviewing the appearance of fairness doctrine, he cautioned that while individual councilmembers could speak about allegations against them as individuals, they should refrain from discussing any matters that could come before Council for decision. Regarding the hearing examiner selection, Mr. Gross reviewed his process of collecting the nine statements of interest from qualified candidates and recommended Council select three. Public Comment: City Council Special Business Meeting - July 7, 2016 Page 1 of 3 Tammy Markham requested additional time be given to Mark Cole during public comment. M. Thuy Langsea requested Mark Cole be given her time. Mr. Gross clarified that there is no provision in Council rules that allow for donating time to another speaker. John Austin spoke about selection of candidates and suggested it be done publicly. Joan Fabian asked questions about the process and requested transparency in the selection. Judith Kate Friedman spoke about the need for public involvement in the hearing process and the cultural impact to the closure of The Upstage. Diane Diamond spoke about the process of selecting a hearings officer. Jack Reid spoke in support of a committee doing the investigation. Mark Cole spoke about the lack of transparency and the hearing examiner selection process. He indicated Councilmembers Stinson and Gray would be removed from the complaint. City Attorney Steve Gross responded to questions about the process for appointment of a hearings officer compared to the process the City would use to select an hearing examiner if there were no pending complaint. If there were a claim of impartiality, there is a process by which Mr. Cole could object to the appointment. He requested Mr. Cole to put in writing the removal of Councilmembers Gray and Stinson from the complaint. Ms. Sandoval disclosed that she has had a business and personal relationship with Mark Cole, but does not invest in real estate. The rules being followed were established by a prior Council and Councilmembers and staff are also following the code of conduct and open public meetings procedures. Although not required, she agreed to recuse herself from the decision. Ms. Robinson commented that she does not feel she has done anything unethical, would support an open public hearing, and felt she could fairly evaluate the merits of the candidates. She reminded that the hearings officer would have an opportunity to state whether they are conflicted. She agreed to recuse herself. Mr. Timmons noted he would be requesting an open record hearing. Mr. Gross reviewed the Council rules on recusal and the situation if respondents were to request an open session hearing. He noted Councilmembers Sandoval and Robinson would not be precluded from participating in the decision on the hearing officer appointments. There were no Council concerns about Councilmembers Sandoval and Robinson participating in the discussion. At 7:19 p.m., Councilmembers Sandoval and Robinson recused themselves from the discussion and left the meeting. City Council Special Business Meeting -July 7, 2016 Page 2 of 3 Some discussion ensued by Council about their first, second and third choices among the candidates presented. Motion: Pamela Adams moved to approve appointing Peter Eglick as Ethics Hearings Officer and to authorize staff to enter into an agreement for services. Amy Howard seconded. Vote: motion carried, 3-1 by voice vote, Robert Gray opposed. Motion: Robert Gray moved to approve appoint Wayne Tanaka as alternate Ethics Hearings Officers and to authorize staff to enter into an agreement for services. Pamela Adams seconded. Vote: motion carried unanimously, 4-0 by voice vote. Motion: Amy Howard moved to approve appointing Jennifer Robertson as alternate Ethics Hearings Officers and to authorize staff to enter into an agreement for services. Pamela Adams seconded. Vote. motion carried unanimously, 4-0 by voice vote. ADJOURN There being no further business, the meeting adjourned at 7:37 p.m. Attest: '2 19 &v)-,J cl)"J-�� Joanna Sanders, CMC City Clerk City Council Special Business Meeting -July 7, 2016 Page 3 of 3