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:
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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:
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Joanna Sanders, CMC
City Clerk
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