Did city violate open meetings act?

HARRINGTON – Open meeting laws require city government to notify the public of the time and place of city council meetings and of the agenda for that meeting. The June 10 city council meeting was advertised to be either a conference call or to be held at Memorial Hall. However, four of the five council members had met at city hall based on an email received earlier in the week. The clerk informed the public as late as 4:30 p.m. on June 10 that the 7 p.m. meeting would be by conference call. According to Peter Davenport, “It was by accident that I came to city hall, as I had not read the later email changing it back to a conference call.” Newly appointed council member David Buddrius said he felt intentionally excluded from the presence of the other council members.

It was difficult to hear who the other parties were on the conference call, although a few were known, including Justin Slack (initially but then at city hall), Ron Mielke, Jesse Silhan, Cherie MacClellan, Marge Womach, Scott McGowan and Denisa Holling. The mayor did not inform the conference-call participants that the majority of the council was present at city hall.

“Meeting Place. As far as the Open Public Meetings Act is concerned, a meeting may be held at any place within or outside the territorial jurisdiction of the body unless otherwise provided in the law under which the agency was formed. RCW 42.30.070.24 However, the meeting place should not be selected so as to effectively exclude members of the public.” RCW 42.30.030. According to MRSC, the object of the Open Public Meeting Act is transparency. The exclusion of one councilman and the public from presence at the council meeting is limiting citizens from awareness of how the council is interacting. At prior conference calls, council members stated where they were during the conference call, but this did not occur at Wednesday’s meeting.

In a phone call to Mayor Luck, he said it was just a mix-up that Buddrius was excluded from the meeting at city hall. When asked about the public, he emphatically stated, “No one was excluded.” He later sent an email stating how each arrived at city hall.

Chickens

The meeting itself included a lengthy discussion of allowing chickens in town, which has been banned since the 1989 passage of Ordinance No. 319, “providing for zoning and land use and adopting a comprehensive zoning ordinance identifying zones, uses, and the appeals process.” Councilmember Levi Schenk, at the urging of a handful of citizens, has struggled with formulating and writing an adequate ordinance that would allow chickens in town. It costs the city $160 per hour for the city attorney to read, approve, correct or reject his proposals. To date the document continues to not meet legal requirements.

In March of 2016, then Mayor Dillon Haas received six letters requesting that chickens be allowed within the city limits. Councilman Davenport stated at that time that there should be a public hearing on the issue. Nearly 20 citizens attended the April 7, 2016 hearing, representing both sides of the issue. Haas gave an overview of obstacles to changing Ordinance #319: Infringement of property rights, additional administrative costs to the city, a permit process, disease potential, loose chickens and odors. Other issues brought up at the meeting were predators or vermin attraction and enforcement of ordinances, already a challenge for the city.

Former late Mayor Paul Gilliland said at that meeting that the present ordinance came out of the 1960s and 1970s “Growth Management Plan, which is state mandated, and would necessitate revisiting this plan if the present ordinance is changed.” This plan was the basis of the City of Harrington’s zoning map, which provides a limited livestock area. At the council meeting April 14, 2016, the issue was tabled due to potential enforcement issues and expenses, which the city could not accept. In March 2017, Haas resubmitted the ordinance to the city attorney, and again it did not pass muster. The present council seems unaware of Gilliland’s warning that changing Ordinance #319 will result in an expensive re-writing of the Growth Management Plan.

In the July 2017 council meeting, Schenk presented the council with an ordinance for chickens, but the city attorney reported that it did not meet standards. On February 8, 2018 Haas indicated he would send a new draft. By April, the council decided the city did not have sufficient funds to continue moving ahead with the chicken ordinance. In 2018, council passed an amendment to Ordinance #319, which was sent to the city attorney in November. It was rejected as not properly written, as was a similar proposal in 2019.

Miscellaneous

Other issues before the council were the heater for the McGregor building, which will cost about $6,500. The open position of Code Compliance Officer was discussed, with Jay Gossett and Councilman Buddrius offering to take the position. The metal collection site near the A & D Welding building, labeled an eyesore by Councilman Davenport but praised by Mayor Luck as providing a service to citizens, saying, “It is good to have a place to take it.”

With the transition of the City of Harrington into Fire District #6, Fire Commissioner Ron Mielke said he is interested in purchasing the 1985 Boardman City Pumper, saying, “I want to take ownership, and with the age of the truck, we would offer $10,000 to purchase it.” Mayor Luck said the city doesn’t need it or the expense of upkeep on it. At the Fire District meeting at city hall on Jan. 8, 2020, former Mayor Slack and Ron Mielke had agreed that $10,000 was a reasonable offer for the old pumper.

Other topics included the need for an inventory of city equipment, possible street closure for the Car Show in July, Levi Faidley’s effort to clean up his property, potholes needing repair and Jerry Allen’s request to close the sidewalk east of the Hotel Lincoln.