Open Letter To Council On Today's CotW Meeting

Letter reproduced in its entirety here.

From: Wendy Harris
To: council@co.whatcom.wa.us
Cc: pds@co.whatcom.wa.us
Sent: Monday, January 03, 2011 10:53 PM
Subject: Executive Session On Order of Invalidity Violates OPMA

Dear Members of Whatcom County Council:

I am at a loss to understand how a “discussion of extension of the order granting compliance deadline and imposing an order of invalidity” is an exception to the Public Open Meetings Act pursuant to RCW 42.30.110(1)(i). How is public knowledge regarding the discussion likely to result in an adverse legal or financial consequence to the County?

To the extent that the discussion will consist of an explanation of the Growth Management Hearing Board’s compliance deadline extension and order of invalidity, including their impact and the process and procedures that are required in response, this information should be discussed openly. This information is not privileged, nor unknown to opposing party litigants. Anyone with a legal background can review case law to find this information. Such explanation is not part of a litigation strategy. All this does is deny the public, who remains confused over the meaning and effect of these determinations, the right to become properly informed.

Moreover, the order of invalidity remains in effect until such time as the County establishes that it has reviewed and revised the rural element of the Comprehensive Plan such that it no longer substantially interferes with the goals of the GMA. As the County Council was already in the process of updating its rural element for GMA compliance, a fact that is known to opposing party litigants, the County will be in a position to request that the order of invalidity be lifted after it has completed its update. So I must ask again, how is public knowledge regarding the discussion likely to result in an adverse legal or financial consequence to the County?

Only if the County requests that the order of invalidity be removed for good cause, and such request is denied, would the County need to determine an appropriate strategy and response. Perhaps at that time, it would be appropriate to conduct an executive session pursuant to RCW 42.30.110(1)(i). However, until such time, the County’s on-going, expansive use of the executive session continues to violate the Open Public Meetings Act and the Whatcom County Code. WCC 2.02.040; RCW 42.30.03

It is disturbing that Attorney Karen Frakes so freely discusses the County's litigation posture with opposing counsel, while withholding the most benign information from the public. I certainly hope you will discuss this matter with Ms. Frakes and reconsider your decision to hold tomorrow's Special Committee of the Whole Meeting in executive session.

Sincerely,

Wendy Harris