HomeMy WebLinkAbout01-30-1996 Special Council Mtg CITY OFAUBURN
CITY COUNCIL STUDY SESSION
JANUARY 30, 1996
5:00 PM
The study session began at 5:00 PM. Those in attendance included Mayor
Charles A. Booth, and Councilmembers as follows: Jeanne Barber, Stacey
Brothers, Sue Singer, Fred Poe, Rich Wagner, Trish Borden, and Gene Cerino.
Staff members in attendance included City Attorney Michael J. Reynolds,
Assistant City Attorney Judith Ausman, and City Clerk Robin Wohlhueter.
Guests in attendance were Lew Leigh, Executive Director of Washington Cities
Insurance Authority, and Attorney Mark Bucklin, Keatting, Bucklin, and
McCormack.
I. INTRODUCTION
Mayor Booth welcomed Councilmembers and guests to the meeting. City
Attorney Michael Reynolds summarized the purpose of the study session. Mark
Bucklin, WCIA's Legal Counsel was introduced. Mr. Bucklin provides legal
assistance for operation of WCIA and the Executive Director.
II. WCIA BRIEFING
Mark Bucklin presented an overview of Washington Cities Insurance Authority.
He stated an interlocal agreement is entered into by 88 cities to provide
comprehensive liability coverage with $14 million per year. Each member
reports claims and lawsuits that may result in potential liability to the city. The
Executive Director may settle any claim up to $35,000. Any claim above that
level is brought before the Executive Committee. Board representatives are
composed of one member from each city and Board meetings are held three
times a year. Mr. Bucklin outlined the settlement and financial status of the pool.
He stated the pool assumes the risk and practices risk management.
Mr. Bucklin pointed out Councilmembers are the Authority's volatile exposure
because they can be sued as a whole and indivdually. Any City is at risk in the
areas of personnel, land use and Police. Mr. Bucklin stated local governments
were given the authority to jointly self insure risks and jointly purchase insurance
with adoption of Revised Code of Washington 48.62. Washington Cities
Insurance Authority was originally established with 9 member cities and provided
expertise in areas of police, land use, personnel, and Americans with Disabilities
Act. Mr. Bucklin explained the purpose of WCIA's Executive Committee,
City Council Study Session
January 30, 1996
Page No. 2
administration of risk management issues, and predefense issues. Each
member is assessed on an annual basis.
III. PUBLIC OFFICIALS OBLIGATIONS
Mr. Bucklin stated the public officials obligation is found in RCW 35A.2.080 that
pertains to the oath of office. He further directed attention to RCW 29.82, The
Recall, Mr. Bucklin spent sometime discussing the broad definitions of
misfeasance or malfeasance which is described as a commission of an unlawful
act or crime that affects, interrupts, or interferes with the performance of official
duty under color of law or acting within official capacity. Under this chapter any
voter may demand the recall of an elective public officer.
Focusing on Councilmembers, Mr. Bucklin stated specific immunities to lawsuits
are not because of title but because of the function of the public office. Potential
liability exposures for Councilmembers is when acting specifically in legislative
manner. In other words, if a Councilmember is sued, if would be up to that
Councilmember to prove to the judge that you were acting in a legislative
manner. Quasi-judicial is where City Councilmembers are sitting as a judge as
the law exists. Mr. Bucklin urged Councilmembers to stay within the scope of
their function when acting in a quasi-judicial manner. This is when the Council is
asked to conduct a hearing on a land use decision. Since 1964, governmental
immunity no longer exists which is where the saying "King can do no wrong"
derived from. Council's interaction with staff should be within the official scope of
office. Personnel policies should be adopted by Ordi'nance because then they
become a legislative act and provide immunity. Acting beyond the scope of
authority as an elected official provides no immunity.
Discussion centered around issues that are forcing local governments to act.
Today, public officials are being sued both indivdually and personally. Mr.
Bucklin urged Councilmembers to transmit potential liability issues to WCIA as
soon as possible. The Authority will make a determination and could assign
defense counsel prior to the claim or lawsuit being filed. If a liability claim is not
within the coverage a reservation of rights letter will be sent indicating what will
not be covered.
Mr. Lay explained Auburn's loss history to Councilmembers illustrated in a
handout. Each department is compared to its loss history. Mr. Bucklin noted the
loss history effects payout. Discussion centered around the average cost of a
personnel lawsuit and sidewalk lawsuits.
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January 30, 1996
Page No. 3
The study session recessed for 10-minutes.
At 7:15 the study session reconvened.
IV. OPEN PUBLIC MEETINGS
Mark Bucklin urged Councilmembers to honor executive sessions. He said if you
feel an issue could become a lawsuit, go to executive session. Subject matter
and discussion should be private and should not leave the room.
Councilmembers, even with the best intentions, are at risk of personal liability
exposure when discussing an issue or putting it writing relating to city business.
Regarding .land use, Mr. Bucklin commented that City Councilmembers are
legislators on some issues and judges on others. It depends the process used
according to the law. To illustrate this generically, Mr. Bucklin noted that just
because the neighbors do not like a particular recommendation on a home
occupation, based upon the a hearing examiner's decision, does not give the
Council the authority to go against the law.
V. APPEARENCE OF FAIRNESS
Local land use decisions are based on the appearance of fairness doctrine which
shall be limited to quasi-judicial actions of the local decision-making body as
defined in RCW 42.36.010 and read by Mr. Bucklin. Mr. Bucklin discussed
examples of voting on zoning where a Councilmember benefits or a
Councilmember's family benefits. This would be construed as an unfair practice
because of a benefit derived from a decision voted on by the legislative body of
which a voting member benefitted.
Regarding exparte communication it is recommended Councilmembers not
engage in ex parte communication with opponents or proponents on a land use
issue. Councilmembers should reveal the content of the conversation prior to
any action.
Mark Bucklin recommended Councilmembers avoid discussing legal matters of
the City with the media. He stated there is no legal obligation to talk to the
press. Stepping outside the scope of authority as a Councilmember, where there
is no authority, could subject that member to a lawsuit
Charles A. Booth, Mayor Robin Wohlhueter, City Clerk