Help Wanted: One impartial local elected official that has the courage to do the right thing

(I am assuming readers are familar with this issue - if not, please scroll down and read the posts regarding Ward Nelson's appointment to fill a vacancy on the council).



Ward Nelson did not particpate in the formal application process to apply for Bob Kelly's vacant seat. Instead, Nelson was nominated by Councilor Sam Crawford on the evening of the regular council meeting, after the application deadline closed.

No other citizens were nominated outside of the application process. Which leads me to assume that the existing council and staff were under the impression that Mr. Nelson, due to his elected status, is exempt from the application requirements for the seat.

In contrast, twenty-four qualified applicants submitted resumes and required forms by the posted deadline.

Many citizens, including the Whatcom County Democrats, have voiced concern about Mr. Nelson's nomination and appointment. Natalie McClendon, the chair of the Whatcom County Democrats sent a letter to Pete Kremen, County Exec, asking him to request an Attorney General's Opinion.

The Attorney General's Office routinely issues formal Attorney General Opinions when questions arise regarding the validity of an appointment to public office:

The Democrats raised a number of concerns in their request, including the issue of public trust.  Within hours, Randy Watts issued a letter stating that Nelson's appointment is legal, because he was appointed by the County Executive, not the Council.

I disagree with Mr. Watts. I do not believe that the County Executive or the county can avoid its duty to comply with widely accepted law, based on who made the appointment:

AGO 1965 No.20 states in part:

"A public office is a public trust, and should persons to be appointed thereto should be selected solely with a view to the public welfare. It goes without saying that the power of appointment to public office is to some degree limited by public policy and by statutory provisions which invalidate the appointment of relatives, or which make certain persons ineligible to office. An appointment of an ineligible person is a nullity." (Emphasis supplied.) 42 Am.Jur., Public Officers, § 97 (page 955).

A further ramification of this principle is described in the very next paragraph of this same text authority as follows:

"An officer intrusted with the power of appointment should exercise it with disinterested skill and in a manner primarily for the benefit of the public, for it is the policy of the law to secure the utmost freedom from personal interest in such appointments. So, it is contrary to public policy to permit an officer having an appointing power to use such power as a means of conferring an office upon himself, or to permit an appointing body to appoint one of its own members." (Emphasis supplied.)

Question: can anyone direct me to the section in the Whatcom County Charter or County Code that state citizens must follow an application process to be eligible for appointment, but sitting public officials, like Mr. Nelson are exempt from participating in the established application process, due to the fact that they already hold public office?

After all, there is no one universal criterion of incompatibilty; the determination rests upon the circumstances of each case.

I sincerely hope that there is at least one impartial elected official in this county who is willing to submit a request for an Attorney General's Opinion.

If an Opinion isn't requested, we will see increasing polarization and lack of trust for all of our local elected officials, including one Republican state senator, Dale Brandland,  and one Republican state house member, Doug Ericksen.

No matter how you slice this, the appointment smells of a pre-arranged deal among Republican elites.

Sam Taylor's post