HomeMy WebLinkAbout167Barbara:
I have uploaded Michelle’s calendar for August 16th as requested to the
fileshare account here:
https://fileshare.jeffcowa.us/ <https://fileshare.jeffcowa.us/>
username: dcd
Password: dcd
File BML PRR > PRR17-59
Michelle did not take any notes regarding the meeting.
Lastly, as a reminder I would like to clarify your request for, “all
records of any contact by Garth Mann or his surrogates.” In the context
of the paragraph containing this specific request, did you want records
of all of the contact by Garth Mann and his surrogates or just the
contact by Garth Mann and his surrogates regarding the aforementioned
August 16th meeting?
Nicole Allen
Office Coordinator
Jefferson County Department of Community Development
Phone: (360) 379-4483
From: Nicole Allen
Sent: Friday, September 8, 2017 5:27 PM
To: Philip Hunsucker <phunsucker@co.jefferson.wa.us>; Barbara
Moore-Lewis <brinnongroup@gmail.com>
Cc: Julie Shannon <JShannon@co.jefferson.wa.us>; Ken Hugoniot
<KHugoniot@co.jefferson.wa.us>; Jodi Adams <jadams@co.jefferson.wa.us>;
Laura Mikelson <lmikelson@co.jefferson.wa.us>; Michelle Farfan
<MFarfan@co.jefferson.wa.us>
Subject: RE: Materials about August 16, 2017 meeting between Jeffco and
PGST
Barbara:
From our office, Michelle Farfan was at that meeting. I will be glad to
produce her calendar and any notes taken by her regarding the meeting
with the Port Gamble S’Klallam Tribe on August 16, but will be unable to
do so until Monday.
In the meantime, I've placed all the documents I have so far for your
request for correspondence regarding the meeting with the Port Gamble
S’Klallam Tribe on August 16th in the fileshare account here:
https://fileshare.jeffcowa.us/ <https://fileshare.jeffcowa.us/>
username: dcd
Password: dcd
File BML PRR > PRR17-59
Lastly, I would like to clarify your request for, “all records of any
contact by Garth Mann or his surrogates.” In the context of the
paragraph containing this specific request, did you want records of all
of the contact by Garth Mann and his surrogates or just the contact by
Garth Mann and his surrogates regarding the aforementioned August 16th
meeting?
Nicole Allen
Office Coordinator
Jefferson County Department of Community Development
Phone: (360) 379-4483
From: Philip Hunsucker
Sent: Saturday, September 2, 2017 11:18 AM
To: Barbara Moore-Lewis <brinnongroup@gmail.com
<mailto:brinnongroup@gmail.com> >
Cc: Julie Shannon <JShannon@co.jefferson.wa.us
<mailto:JShannon@co.jefferson.wa.us> >; Ken Hugoniot
<KHugoniot@co.jefferson.wa.us <mailto:KHugoniot@co.jefferson.wa.us> >;
Jodi Adams <jadams@co.jefferson.wa.us <mailto:jadams@co.jefferson.wa.us>
>; Laura Mikelson <LMikelson@co.jefferson.wa.us
<mailto:LMikelson@co.jefferson.wa.us> >
Subject: RE: Materials about August 16, 2017 meeting between Jeffco and
PGST
Barbara:
This email acknowledges receipt of your public records request (PRR)
as follows: "I would like the calendars of David Sullivan and any staff
involved in this meeting [with the Port Gamble S'Klallam Tribe] for the
day of August 16. I would like any notes by any participant taken that
day. I would like any communication among elected officials or staff
about the meeting. I would also like all records of any contact by
Garth Mann or his surrogates."
I have forwarded your PRR for a further response to the following
departments, BoCC, DCD and the Prosecuting Attorney's Office. I expect
it likely will take up to 7 days to further respond to your PRR, given
the Labor Day holiday and the other commitments of the persons involved
in responding in each department of which I am aware.
If you have any questions, please let me know.
Philip
Philip C. Hunsucker
Chief Civil Deputy Prosecuting Attorney
Jefferson County Prosecuting Attorney’s Office
P.O. Box 1220, Port Townsend, WA 98368
Ph: 360-385-9180 Fax: 360-385-0073
All e-mail sent to this address has been received by the Jefferson
County e-mail system and is therefore subject to the Public Records Act,
a state law found at RCW 42.56. Under the Public Records law the County
must release this e-mail and its contents to any person who asks to
obtain a copy (or for inspection) of this e-mail unless it is also
exempt from production to the requester according to state law,
including RCW 42.56 and other state laws.
________________________________
From: Barbara Moore-Lewis <brinnongroup@gmail.com
<mailto:brinnongroup@gmail.com> >
Sent: Saturday, September 2, 2017 9:03 AM
To: Philip Hunsucker
Subject: Re: Materials about August 16, 2017 meeting between Jeffco and
PGST
It's always a good day when I know the kettles are intact.
On Fri, Sep 1, 2017 at 6:14 PM, Philip Hunsucker
<PHunsucker@co.jefferson.wa.us <mailto:PHunsucker@co.jefferson.wa.us> >
wrote:
Barbara:
Thanks for the link. That was very helpful. The context of
each meeting explains why minutes were prepared for the April 18, 2016
meeting but not for the August 16, 2017 meeting.
The April 18, 2016 meeting with the Port Gamble S’Klallam Tribe
(PGST) was part of the Board of County Commissioners’ (BoCC) regular
meeting that day. All 3 commissioners attend all the events recorded
in the minutes for that day, including the Public Comment Period,
Approval and Adoption of the Consent Agenda, Approval of Minutes from
prior BoCC meetings, the County Administrator’s Briefing Session and the
Discussion re: Government to Government with the PGST. The April 18,
2016 minutes record that the PGST Chair, Jeremy Sullivan, made comments
and Roma Call and Laura Price gave a PowerPoint Presentation to the
entire BoCC. Then, there was some discussion that included Tribal Chair
Sullivan, County commissioners and Garth Mann, the developer. Since all
3 commissioners were present, there was quorum of the BoCC. See RCW
36.32.010 <http://app.leg.wa.gov/RCW/default.aspx?cite=36.32.010> .
RCW 36.32.140
<http://app.leg.wa.gov/RCW/default.aspx?cite=36.32.140> requires that
the BoCC keep a record of “all their proceedings and determinations”
touching all matters properly cognizable before them. Under RCW
36.32.110 <http://app.leg.wa.gov/RCW/default.aspx?cite=36.32.110> the
clerk of the board (or a deputy) must attend all meetings of the BoCC
and keep a record of the BoCC’s proceedings. The April 28, 2016 minutes
were kept pursuant to these requirements.
In contrast, the August 16, 2017 meeting was an informal meeting
between the PGST chair (and PGST staff) and a single commissioner, David
Sullivan, (and County staff.) The meeting was neither a regular meeting
pursuant to RCW 36.32.080
<http://app.leg.wa.gov/RCW/default.aspx?cite=36.32.080> , nor a special
meeting pursuant to RCW 36.32.090
<http://app.leg.wa.gov/RCW/default.aspx?cite=36.32.090> . A quorum of
the BoCC was not present, so it was not a “proceeding or determination”
of the BoCC. See RCW 36.32.010
<http://app.leg.wa.gov/RCW/default.aspx?cite=36.32.010> . As a
result, the clerk of the board (or a deputy) was not required to attend
and did not attend the August 16, 2017 informal meeting. Note: No
representative of the developer was present at the August 16, 2017
informal meeting.
I hope this answers your question. If not, please let me know.
The County will respond to your latest public records request, in
accordance with the Public Records Act.
Have a great Labor Day weekend.
Philip
Philip C. Hunsucker
Chief Civil Deputy Prosecuting Attorney
Jefferson County Prosecuting Attorney’s Office
P.O. Box 1220, Port Townsend, WA 98368
Ph: 360-385-9180 <tel:(360)%20385-9180> Fax: 360-385-0073
<tel:(360)%20385-0073>
All e-mail sent to this address has been received by the
Jefferson County e-mail system and is therefore subject to the Public
Records Act, a state law found at RCW 42.56. Under the Public Records
law the County must release this e-mail and its contents to any person
who asks to obtain a copy (or for inspection) of this e-mail unless it
is also exempt from production to the requester according to state law,
including RCW 42.56 and other state laws.
From: Barbara Moore-Lewis [mailto:brinnongroup@gmail.com
<mailto:brinnongroup@gmail.com> ]
Sent: Thursday, August 31, 2017 5:24 PM
To: Philip Hunsucker <PHunsucker@co.jefferson.wa.us
<mailto:PHunsucker@co.jefferson.wa.us> >
Subject: RE: Materials about August 16, 2017 meeting between
Jeffco and PGST
Thank you.
http://test.co.jefferson.wa.us/WebLinkExternal/0/doc/1397215/Page1.aspx
<http://test.co.jefferson.wa.us/WebLinkExternal/0/doc/1397215/Page1.aspx
>
On Aug 31, 2017 4:38 PM, "Philip Hunsucker"
<PHunsucker@co.jefferson.wa.us <mailto:PHunsucker@co.jefferson.wa.us> >
wrote:
Barbara:
If it is OK with you, I would like to treat this as a
new public records request (PRR). Based upon emails between us, I
thought we had resolved the 8/22/17 PRR.
There are no official minutes of the
government-to-government meeting. There is nothing odd or untoward –
from our perspective, the meeting was about understanding the concerns
stated in the PGST’s 8/9/17 letter.
Would you please send me a link to the information
posted about the April 18, 2016 government-to-government meeting you
referenced? I can find on line a memorandum from Philip Morley
requesting the April 18, 2016 government-to-government meeting, but I
can’t find minutes. That was a year before my time, so I beg your
indulgence.
Philip
Philip C. Hunsucker
Chief Civil Deputy Prosecuting Attorney
Jefferson County Prosecuting Attorney’s Office
P.O. Box 1220, Port Townsend, WA 98368
Ph: 360-385-9180 <tel:(360)%20385-9180> Fax:
360-385-0073 <tel:(360)%20385-0073>
All e-mail sent to this address has been received by the
Jefferson County e-mail system and is therefore subject to the Public
Records Act, a state law found at RCW 42.56. Under the Public Records
law the County must release this e-mail and its contents to any person
who asks to obtain a copy (or for inspection) of this e-mail unless it
is also exempt from production to the requester according to state law,
including RCW 42.56 and other state laws.
From: Barbara Moore-Lewis [mailto:brinnongroup@gmail.com
<mailto:brinnongroup@gmail.com> ]
Sent: Thursday, August 31, 2017 8:29 AM
To: Philip Hunsucker <PHunsucker@co.jefferson.wa.us
<mailto:PHunsucker@co.jefferson.wa.us> >
Subject: Materials about August 16, 2017 meeting between
Jeffco and PGST
On August 22, 2017 I sent this public disclosure request
to the BOCC:
This is a public disclosure request under
Chapter 390-14 WAC for all records of contact between Jefferson County
and any Native American Tribe and for all records of contact between
Jefferson County and Garth Mann, Don Coleman, or J.T. Cooke or any Mann
company and surrogate between August 8, 2017 and August 22, 2017. This
would include any calendars of county officials or staff.
In response you sent me the letter dated August 9, 2017
from PGST to the BOCC and the letter dated August 10, 2017 from the BOCC
to PGST.
The August 10 letter from the BOCC contains this
sentence:
"How timely and fortunate it is that
Commissioner David Sullivan and County staff are already scheduled to
meet with you about Pleasant Harbor on Wednesday, August 16. In addition
to discussing specifics about the Pleasant Harbor MPR, this meeting also
provides an opportunity to discuss how to continue our
Government-to-Government consultation process."
I asked for the minutes of the August 16 meeting. I was
told by Julie Shannon:
"RE: the Government to Government meeting w/PGST
on August 16th, County Staff did not take formal Meeting Minuets as
that type of meeting is not a forum to do so."
It seems very odd to me that a meeting of a commissioner
and county staff with another government has no minutes, so no
transparency for the public. There were minutes of the April 18, 2016
government to government meeting and they are posted for the public to
see.
I have not received the other materials I asked for. I
would like the calendars of David Sullivan and any staff involved in
this meeting for the day of August 16. I would like any notes by any
participant taken that day. I would like any communication among
elected officials or staff about the meeting. I would also like all
records of any contact by Garth Mann or his surrogates.
Please let me know if I can clarify my request. Thank
you for your attention to this.
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