Council MIN 02-24-2014 SpecialCITY OF
Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
SPECIAL MEETING
Council Chambers - City Hall
February 24, 2014
6:00 p.m.
www.cityoffederalway.com
I. CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 6:00 p.m.
Elected officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge,
Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Bob
Celski and Councilmember Martin Moore. Council position No. 1 vacant. Mayor Ferrell
excused Councilmember Dini Duclos.
City staff in attendance: City Attorney Pat Richardson and City Clerk Carol McNeilly.
Rudi Alcott led the Pledge of Allegiance.
2. RELEASE OF INFORMATION SUBMITTED BY APPLICANTS FOR COUNCIL
POSITION NO. 1
Mayor Ferrell provided a brief history of council appointments, most recently with the
process which occurred as a result of the vacancies of former Councilmembers Kochmar
and Freeman. A format was developed to ensure the integrity of the process for the first
candidate as well as the last by keeping the supplemental questionnaire responses
confidential until immediately prior to the interviews. With the current vacancy, the same
reasons for confidentiality were applied and found valid to maintain the integrity of the
appointment process. However, the Federal Way Mirror has raised a valid concern that the
public should have the right to view the application materials.
City Attorney Pat Richardson stated the issue before Council is whether or not applicant
information should be released and what, if anything, should be redacted. Ms. Richardson
reviewed current laws and described how exemptions from disclosure have been applied
concerning the applicants. Because Councilmembers are in some aspects considered City
Employees (they are paid a salary, receive medical benefits and are required to participate
in the same retirement system as traditional public employees); therefore, it was believed
these applications should also be exempt.
In contrast, Ms. Richardson stated commission applications are not exempt because
commissioners are volunteers and are not employees.
Mayor Ferrell explained the reason for tonight's meeting is that the City is prohibited from
simply polling each Councilmember to determine a consensus on whether or not to release
the information. The state's Open Public Meetings Acts requires transparency and that any
City Council Meeting Minutes — February 24, 2014 Special Meeting Page I of 3
discussion and subsequent action take place during a meeting open to the public
Deputy Mayor Burbidge asked for clarification about whether or not information from the
applications for council candidates can legally be redacted. Ms. Richardson affirmed it is
her opinion it can be redacted and it is also permissible to leave other contact information
available.
Councilmembers Maloney and Honda stated they did not recall receiving information,
Council discussion, or Council action specifically addressing release of the applicant
questionnaire responses. Ms. Richardson apologized for not addressing that topic in the
agenda bill that was before Council at their last meeting. She recalled addressing the topic
during her oral presentation. However, she reiterated her apology that it was not made
clear by providing it in writing.
Councilmember Honda expressed a desire to release the interview questions and
responses provided immediately following the meeting to provide the Mirror with access to
them. Ms. Richardson noted that staff will need some time to make the redactions.
Councilmember Maloney sought clarification on whether or not Councilmembers are
employees. She feels conflicting information has been given. Recently it was explained to
her Councilmembers are not employees under a different topic. Now, however, it is stated
they are employees. Ms. Richardson explained while Councilmembers are not subject to
the City's employee guidelines, in other regards they are considered public employees.
Deputy Mayor Burbidge remarked on the difference of an appointment process versus a
traditional election process. Because this process is so condensed, candidates are not as
well introduced to the public as they are when running for office.
Deputy Mayor Ferrell stated a need to discuss a notation for future candidate applications
that the responses and information provided may be subject to public disclosure. Ms.
Richardson agreed the information on the applications needs to be revisited.
Mayor Ferrell invited anyone who wished to address the Council to come to the podium.
He stated the standard three - minute time limit would apply.
Candidate Anthony Murrietta spoke in support of releasing the applicant information.
Norma Blanchard inquired whether or not traditional City employees are required to submit
applications.
Betty Taylor inquired about background checks for candidates. Mayor Ferrell replied state
law limits eligibility to voting status and residency. All candidates should have equal access
under the law to apply. Background checks are not a legal basis for selection.
John Wilde spoke in support of releasing the applicant information.
Walter Brooks spoke in support of releasing the applicant information.
Candidate Jerry Vaughn spoke in support of releasing the applicant information.
• Council Action
Motion: Deputy Mayor Burbidge moved to release the applicant materials submitted
City Council Meeting Minutes — February 24, 2014 Special Meeting Page 2 of 3
by the applicants for Council Position No. 1 with the following redactions:
residential address and home phone number. Councilmember Maloney second.
Deputy Mayor Burbidge stated she included the two redactions as she feels applicants
should be afforded the same right to privacy as councilmembers. As Ms. Richardson
pointed out residential addresses and home telephone numbers are not disclosed for
elected candidates.
Councilmember Celski spoke in support of the motion.
Councilmember Maloney inquired if the application materials would be published on the
webpage as well as provided to the Mirror. City Clerk McNeilly stated the materials could
be posted on the City's website.
Deputy Mayor Burbidge inquired when the materials would be available. City Clerk
McNeilly stated she anticipated having the materials available by 3:00 p.m. tomorrow.
Councilmember Moore spoke in support of the motion.
Councilmember Maloney asked if any candidates had raised an objection to the release of
their information when contacted by the City Clerk. City Clerk McNeilly replied two
candidates had requested that alternate email addresses be replaced with those originally
provided.
Vote:
Deputy Mayor Burbidge
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Celski
Yes
Councilmember Moore
Yes
Councilmember Duclos
Excused
Motion carried 5 -0.
1 ADJOURNMENT
Mayor Ferrell adjourned the meeting at 6:44 p.m.
Attest:
w
Carol McNeilly, CMC, City Clerk
Approved by Council: March 18, 2014
City Council Meeting Minutes — February 24, 2014 Special Meeting Page 3 of 3