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HomeMy WebLinkAboutM050118SSON MINUTES Jefferson County Board of Commissioners 9'IV I NG 0 Special Meeting — May 1, 2018, Tuesday,1:45 p.m. Jefferson County Courthouse - Commissioners' Chambers 1820 Jefferson Street, Port Townsend, WA CALL TO ORDER: Chair Sullivan called the meeting to order at the appointed time in the presence of Commissioner Kathleen Kler and Commissioner Kate Dean. EXECUTIVE SESSION: An Executive Session was scheduled from 1:45 p.m. to 1:50 p.m. with the Chief Civil Deputy Prosecuting Attorney, Central Services Director and County Administrator regarding Attorney -Client Privilege, Potential Litigation under exemption RCW 42.30.110(1)(i) as outlined in the Open Public Meetings Act. The actual period of time the Board met in Executive Session on this topic was from 1:50 p.m. to 2:10 p.m. At the conclusion of the Executive Session the Board resumed the meeting and took the following action. DISCUSSION AND POTENTIAL ACTION re: Settlement Offer for Public Records Claim Submitted on April 26, 2018 by Greg Overstreet on Behalf of Joseph D'Amico: Chair Sullivan moved to direct the Civil Deputy Prosecuting Attorney to write a letter accepting a settlement offer for public records claims submitted on April 26, 2018 by Greg Overstreet on behalf of Joseph D'Amico without admitting any liability or wrongdoing on the part of the County and disagreeing that the County is violation of the Public Records Act. Commissioner Kler seconded the motion for discussion. Commissioner Kler stated that coming on the back of the second settlement that was made just last week she wants to acknowledge that since January 1, 2018 there has been 36-38 public records requests from Mr. Overstreet and Mr. D'Amico. In the two cases that they asked for damages, we disagreed with their interpretation as to whether there had been a violation of the Public Records Act, but with their threat of litigation and looking at the cost we end up again choosing to pay the attorney fees that Mr. Overstreet has accumulated, rather than take it to court. Especially, since the Courts are making new law, even as we speak, on public records, and we don't want to be party to bad law being made on public records. Commissioner Dean stated that she finds this hard to swallow. Of course we support transparency and the Public Records Act, but the allegations made pertain to a highly subjective decision that has to made within the County every day on what we disclose and what we are required to redact. In the case of an ongoing investigation I find it really hard to be in a position of settling, what I think we feel strongly that we did the right thing here and yet, to go through the process of proving that in court is probably very expensive and arguably, not a good use of public funds. There are also two lawsuits against the County in the amount of $1,000,000 and $100,000,000 by the same parties which show the position that we are in right now. She stated she is unlikely to support this motion. Chair Sullivan stated that we would hope that the Legislature, having this on their plate to look at, would strive to have more clarity for everybody. He thinks that would be good for the public, it would be good for us, and good for them to come forward. It is something he thinks we need to do. Page 1 Commissioners Special Meeting Minutes of May 1, 2018 Commissioner Kler stated in both cases she finds it ironic that in order to be as transparent as we want to be, that in trying to find all emails, the ones that are in question, it's hard and the judgements carry risk, and the risk means money. She knows the County did some messaging about the last payment. She is going to encourage the Board and the County Administrator to find the messaging stating the facts of how and why these requests keep coming and the larger picture. County Administrator Philip Morley state that certainly when it comes to public records the County is fully committed to full compliance with the law and fullest assistance to our citizens to be transparent. We take it seriously. We have invested in bringing on a Public Records Administrator in the past year. We have invested in new software to allow us to better track and respond to public records requests. This was the first week that we are now televising the Commissioner meetings to provide greater transparency and access. He thinks the County is very much on the record for putting its money where its mouth is about providing transparency and conducting the peoples' business. The difficulty for us is when that transparency then engenders claims such as these that then cost everybody money and erode our ability to provide the services that the public want and deserve. Chair Sullivan called for a vote on the motion. Chair Sullivan and Commissioner Kler voted in favor of the motion. Commission Dean voted against the motion. The motion carried. NOTICE OF ADJOURNMENT: Chair Sullivan adjourned the meeting at 2:18 p.m. until the next regular meeting or special meeting as properly noticed. SEA 14 + .. v x'�r�SDM God ATTEST: �f Erin Lundgren, CMC Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS Davi ul i an; Chair Kathleen Kler, Member Kate Dean, Member Page 2