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Friday, January 20, 2006

What Happens Now

Posted by on January 20 at 12:54 PM

The city council selection process is about to become less public than ever.

Over the weekend, city council members will narrow down their choices to fill council position #9; on Monday, the council will meet to name their picks, compile the lists, and narrow them down to approximately six finalists. Then, according to city clerk Judith Pippin, the council will likely recess the meeting, allowing council members to interview candidates in one-on-one, private meetings or go into a (closed) executive session to discuss the candidates’ qualifications.

I called City Attorney Tom Carr’s office to see what the law says about holding executive sessions to discuss a candidate for public office. Elected officials frequently go into executive sessions to discuss potential employees or board appointments, but it seems to me that a candidate for city council - someone who will represent me, as opposed to someone who merely works for me - is different.

As it turns out, there is such a law: RCW 42.30.110, which says governing bodies can go into executive session “to evaluate the qualifications of a candidate for appointment to elective office.” OK. So the executive sessions, though troubling (the council doesn’t plan to hold a single public meeting before making this very important decision) are legally defensible.

However: The RCW continues, “any interview of such candidate to elective office shall be in a meeting open to the public.”

Hmm. So how is it that council members are holding private meetings with council candidates when state law explicitly says that such meetings shall be public? City Attorney Tom Carr’s spokeswoman didn’t know; she’s getting back to me on that.

Meanwhile: Just because the council can talk about candidates in closed session, that doesn’t mean they should. From start to finish, the process of choosing a new council member will take just under three weeks. Shouldn’t a decision as important as this one involve at least a little public process?


CommentsRSS icon

1. The U.S. Senate holds its Supreme Court appointment hearings publicly. Seems like a good model.
Do Council Mebmbers seriously thik their task is more important?

2. I expect every Council Member to be able to publicly justify their decisions. Any decision that can not withstand public scrutiny should not be made.

Erica, next time you talk to Tom Carr ask him to explain whether the declared preference for filling the seat with a "woman of color" is a violation of RCW 49.60.400

LOL, Shark! That IS racist discrimination, isn't it? Ah, Seattle: so open minded and diverse.

Erica, you should thank your lucky stars they made the process as public as they did, as most cities would've probably just hand-picked an interim replacement amongst themselves and been done with it. They run the show; we don't.

ECB: re: “any interview of such candidate to elective office shall be in a meeting open to the public.”

this section relates to executive sessions as a meeting of the governing body. I think by legal construction it may only qualify the type of meetings of the Council, NOT meetings that individual members may have.

it DOES say "ANY interview." hmmm. i'm not an attny, but I know sentence construction is really important in law and determining its intent.

here is the link if any of ya'all out there want to try your hand at offering some legal advice!

http://apps.leg.wa.gov/RCW/default.aspx?cite=42.30.110

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