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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