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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. City Council Study Session 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