February 3, 2021
BOARD OF DIRECTORS MEETING
WSAC Board of Directors February 3, 2021 Page 1 of 136 BOARD OF DIRECTORS 2020 - 2021
Count ByLaws Ref Population Executive Board Seat Title First Name Last Name County 14 < Quorum Executive Committee 1 3.4a President Commissioner Michael Largent Whitman 2 3.4a 1st Vice-President Councilmember Jamie Stephens San Juan 3 3.4a 2nd Vice-President Commissioner Mary Kuney Spokane 4 3.4b, 3.17.2 IP-President Commissioner Robert Gelder Kitsap Board of Directors Board Seat Title First Name Last Name County 5 3.4b P-President Commissioner Scott Hutsell Lincoln 6 3.4b P-President Councilmember Stephanie Wright Snohomish 7 3.4b P-President Commissioner David Sauter Klickitat 8 3.4f 2,226,300 King County Executive Executive Dow Constantine King 9 3.4e 1 2,226,300 King County Council Councilmember Joe McDermott King 10 3.4e 2 888,300 Pierce County Councilmember Ryan Mello Pierce 11 3.4e 3 818,700 Snohomish County Councilmember Megan Dunn Snohomish 12 3.4e 4 515,250 Spokane County Commissioner Josh Kerns Spokane 13 3.4e 5 488,500 Clark County Councilor Eileen Quiring O'Brien Clark 14 3.4e 6 285,800 Thurston County Commissioner Tye Menser Thurston 15 3.4e 7 270,100 Kitsap County Commissioner Charlotte Garrido Kitsap 16 3.4e 8 255,950 Yakima County Commissioner LaDon Linde Yakima 17 3.4e 9 225,300 Whatcom Executive Satpal Sidhu Whatcom 18 3.4e 10 201,800 Benton Commissioner Will McCay Benton 19 3.4d 1 Eastern Region Commissioner Ron Anderson Yakima 20 3.4d 2 Eastern Region Commissioner Chris Branch Okanogan 21 3.4d 3 Eastern Region Commissioner Al French Spokane 22 3.4d 4 Eastern Region Commissioner Cory Wright Kittitas 23 3.4c 1 Western Region Councilmember Nate Nehring Snohomish 24 3.4c 2 Western Region Councilmember Kathy Lambert King 25 3.4c 3 Western Region Commissioner Janet St. Clair Island 26 3.4c 4 Western Region Commissioner Vicki Raines Grays Harbor Board Alternate Seat Title First Name Last Name County 1 3.4f 2,226,300 King County Executive Councilmember Reagan Dunn King 2 3.4e 1 2,226,300 King County Council Councilmember Vacant Vacant King 3 3.4e 2 888,300 Pierce County Councilmember Derek Young Pierce 4 3.4e 3 818,700 Snohomish County Councilmember Vacant Vacant Snohomish 5 3.4e 4 515,250 Spokane County Commissioner Vacant Vacant Spokane 6 3.4e 5 488,500 Clark County Councilor Temple Lentz Clark 7 3.4e 6 285,800 Thurston County Commissioner Gary Edwards Thurston 8 3.4e 7 270,100 Kitsap County Commissioner Vacant Vacant Kitsap 9 3.4e 8 255,950 Yakima County Commissioner Vacant Vacant Yakima 10 3.4e 9 225,300 Whatcom Councilmember Rud Browne Whatcom 11 3.4e 10 201,800 Benton Commissioner Jerome Delvin Benton 12 3.4d 1 Eastern Region Commissioner Chris Seubert Asotin 13 3.4d 2 Eastern Region Commissioner Wes McCart Stevens 14 3.4c 1 Western Region Commissioner Mark Ozias Clallam 15 3.4c 2 Western Region Commissioner Dennis Weber Cowlitz Affiliate Presidents Board Affiliates (Non-voting Mbrs) First Name Last Name County ACCIS Daniel Key City of Tacoma ACHS Mari Clark Benton WACCCs Julie Kjorsvik Kittitas WCAA Mike Thomas San Juan WSACE Scott Lindblom Thurston WSACRPD Patricia Charnas Jefferson WSALPHO Astrid Newell Whatcom WSEMA Kyle Bustad Pierce WSUEXT Carrie Backman Wahkiakum WACSWM Co-Chair Deb Geiger Spokane Co-Chair Travis Dutton Clark
WSAC Board of Directors February 3, 2021 Page 2 of 136 TIME* Encl. PRESENTER(s) AGENDA TYPE Pre-Meeting – Please Feel Free to Join an informal Zoom Lunch Noon with Your Fellow Board Members
1:00 p.m. President Largent CALL TO ORDER and Introductions; Establish Quorum
√ President Largent 1. APPROVE Agenda Action
√ President Largent 2. APPROVE MINUTES: November 16, 2020 Action
President Largent 3. President’s Report Report
LEGAL AFFAIRS
Eric Johnson 4. Potential or Pending Litigation Update 1:10 p.m. √ Mellani McAleenan Report Paul Lawrence a. Possible Executive Session
√ Mellani McAleenan 5. Amicus Update Report
WSAC BUSINESS 6. WSAC Conflict of Interest Policy Review 2:10 p.m. √ Bridget Lockling Actions: Certify WSAC Board of Directors were informed in writing and briefed Action on WSAC Conflict of Interest Policy Resolution 2021-01 7. Audit, Investment and Finance Committee Appointments 2:20 p.m. √ Bridget Lockling Actions: Consider Approving Appointments to Audit, Investment and Finance Action Committee Resolution 2021-02 8. Statewide Boards and Commissions 2:30 p.m. √ Derek Anderson Actions: Consider Adopting Nominations and Appointments Action Resolution 2021-03 ~ 2021-07 WRITTEN STAFF REPORTS
√ Eric Johnson 9. Executive Director Report
√ Bridget Lockling 10. Business and Finance Report
√ Derek Anderson 11. Communications and Member Services Report
√ Mellani McAleenan 12. Policy and Legislative Report
BREAK
PROGRAM PRESENTATIONS AND REPORTS Derek Anderson 13. WSAC Business Partner Updates
3:10 p.m. √ Kyle Cline cashVest by three+one Report National Director of Strategic Partnerships
WSAC Board of Directors February 3, 2021 Page 3 of 136 TIME* Encl. PRESENTER(s) AGENDA TYPE National Association of Counties
Joe Rulison Chief Executive Officer three+one
Brandon Natsuhara Cybersecurity Collaborative Director of Technology Partnerships National Association of Counties
Parham Eftekhari Chief Executive Officer Cybersecurity Collaborative
14. Timber and Public Lands Program Paul Jewell/Court 3:30 p.m. √ FOCUS: Marbled Murrelet Economic Impact Study Report Stanley
15. County Transportation Study Program 4:00 p.m. √ Jane Wall FOCUS: County Transportation Revenue Study Report
Brynn Brady/Eric 4:30 p.m. √ 16. Coastal Counties/Puget Sound Partnership Report Johnson
4:45 p.m. √ Neil Aaland 17. Columbia River Program Report
OTHER BUSINESS Commissioner Gelder Councilmember Wright 18. NACo Reports Report Commissioner Weber Other Members 19. WSAC Board of Director Reports from activities on Statewide Boards and Commissions President Largent Report Presentation by WSAC Board Members on Current Issues relating to Statewide Boards and Commissions they serve/represent WSAC on
President Largent 20. Other Business Report
5:15 p.m. President Largent MEETING ADJOURNED
*Times are approximate only
Next Regular Scheduled WSAC Board of Directors Meeting:
TENTATIVE TIME: Wednesday, May 5th, 5 p.m. – 8 p.m. Thursday, May 6th / Friday, May 7th, Legislative Steering Committee/Board of Directors Planning Meeting
TENTATIVE LOCATION: To Be Determined
WSAC Board of Directors February 3, 2021 Page 4 of 136 Washington State Association of Counties MINUTES OF MEETING OF THE BOARD OF DIRECTORS
November 16, 2020 Opening
A regularly scheduled meeting (conducted via Zoom) of the Board of Directors of the Washington State Association of Counties (WSAC) held on Tuesday, November 16, 2020, starting at approximately 12:00 p.m. All directors and alternates were appropriately notified of the meeting, according to the Association Bylaws.
Board members present: President Robert Gelder, 1st Vice President Michael Largent, 2nd Vice President Jamie Stephens, Immediate Past President Scott Hutsell, Past President Stephanie Wright, Past President David Sauter, Past President Helen Price-Johnson, Vicki Baker, Chris Branch, Ken Dahlstedt, Jerome Delvin, Doug England, Edna Fund, Al French, Charlotte Garrido, John Hutchings, Mary Kuney, Kathy Lambert, Wes McCart, Nate Nehring, Mark Ozias, Brad Peck, Eileen Quiring O’Brien, Doug Richardson, Janet St. Clair, Karen Skoog, Dennis Weber, and Cory Wright.
Staff and others present: Eric Johnson, Mellani McAleenan, Bridget Lockling, Derek Anderson, Jason Bergquist, Jaime Bodden, Lynn Fiorillo-Lowe, Mike Hoover, Paul Jewell, Paul Lawrence, Mitch Netzer, Juliana Roe, and Jane Wall. Other Attendees: Amy Cruver, Mac Nicholson, Laura Osiadacz, Court Stanley, Geoffrey Thomas, Michael Thomas and Annika Vaughn.
Call to Order and Approval of Agenda: The meeting was called to order at 12:00 p.m. It was moved by Kathy Lambert, seconded by Edna Fund, to approve the agenda as proposed. The motion passed.
Approval of Minutes of the previous meeting: A motion was made by John Hutchings and seconded by Helen Price Johnson to approve the minutes as drafted. The motion carried to approve the minutes of the September 17, 2020, WSAC Board of Directors Regular Meeting. The motion passed.
President’s Report: President Gelder thanked the WSAC members for their hard work and dedication during the COVID-19 challenge.
WSAC Business Actions
The Board announced an EXECUTIVE SESSION, in compliance with RCW 42.30. 110(1)(i), to discuss current and potential litigation at 12:15 p.m. for forty minutes. WSAC’s legal counsel, Paul Lawrence, was present and provided updates. No decisions were made. The EXECUTIVE SESSION concluded at 12:55 p.m.
Mellani McAleenan updated the members on the current Amicus Brief requests (report included in board packet) that WSAC is involved. A handout is included in the board packet.
Eric Johnson and Mellani McAleenan updated the members on the current Amicus Brief requests (report included in board packet) that WSAC is involved.
Recognition and Thanks Eric Johnson noted that over the past 24 months, WSAC has considered over 20 amicus briefs and prepared and submitted 16. In doing so, WSAC worked with a variety of deputy prosecuting attorneys and outside counsel. Today, their recognition is being recognized.
Resolution #2020-24: A motion was made by Dennis Weber and seconded by Brad Peck to approve Resolution #2020-24 to recognize and thank the following counties, deputy prosecuting attorneys, individuals, Outside legal counsel and firms to support implementing the WSAC amicus policy, preparing amicus Briefs and furthering WSAC’s goal to represent the counties’ “unique point of view.”
WSAC Board of Directors February 3, 2021 Page 5 of 136 Washington State Association of Counties MINUTES OF MEETING OF THE BOARD OF DIRECTORS
November 16, 2020
Counties Jacquelyn M. Aufderheide, Kitsap County Chief Civil Deputy Prosecuting Attorney John Purves, Kitsap County Deputy Prosecuting Attorney Elizabeth Doran, Kitsap County Senior Deputy Prosecuting Attorney Christopher Horner, Kittitas County Chief Civil Deputy Prosecuting Attorney Doug Mitchell, Kittitas County Deputy Prosecuting Attorney Dan Hamilton, Pierce County Deputy Prosecuting Attorney Haley W. Sebens, Skagit County Deputy Prosecuting Attorney Nathaniel Block, Skagit County Deputy Prosecuting Attorney Mellani McAleenan, Washington State Association of Counties Pam Loginsky, Washington Association of Prosecuting Attorneys
Outside Counsel Harrigan, Leyh, Farmer, and Thomsen Inslee Best Pacific Law Group Washington State Association of Municipal Attorneys Arete Law Group Foster Pepper
2021 Proposed Board of Directors Meeting Schedule Eric presented the proposed 2021 meeting schedule for the Board of Directors. Resolution #2020-25: A motion was made by Michael Largent and seconded by David Sauter to approve Resolution #2020-25, which establishes the 2021 Regular Meeting Schedule and allows WSAC staff to publish and advise WSAC members and affiliates of the 2021 Regular Meeting schedule. Motion carried.
Statewide Boards and Commissions: Derek Anderson presented the State Boards and Commissions positions up for approval.
Resolution #2020-26: Scott Hutsell made a motion, seconded by Dennis Weber, to approve Resolution #2020-26 to approve the nominations of Temple Lentz, Clark County Councilor, and Greg Brotherton, Jefferson County Commissioner, to the Office of the Governor of Washington for the Affordable Housing Advisory Board. Motion passed.
Resolution #2020-27: A vacancy position on the Puget Sound Partnership - Ecosystem Coordination Board. Kate Dean, Jefferson County, is seeking an appointment. Helen Price Johnson made a motion, seconded a motion by Brad Peck, to approve Resolution #2020-27. The motion passed.
Resolution #2020-28: A vacancy position on the Puget Sound Salmon Recovery Council. Janet St. Clair, Island County is seeking an appointment for this vacancy. A motion was made by Brad Peck, seconded by Doug Richardson, to approve Resolution #2020-28. The motion was passed.
Strategic Planning, Goals, Objectives, Key Results and Key Performance Indicators Eric noted that the 2020 Planning Process was de-railed as the Association pivoted to provide COVID-19 response and assistance to counties, the 2020 planning meeting was canceled. Now is the time to rebuild the momentum and re-establish the focused planning process.
Reports
Member Reports & Staff Reports: Member and staff reports were made available in the board packet.
WSAC Board of Directors February 3, 2021 Page 6 of 136 Closing
Next Meeting: The next virtual Zoom meeting of the Board of Directors will be on Wednesday, February 3, 2021.
Adjourn: There being no further business, President Robert Gelder adjourned the meeting at 3:05 p.m.
Respectfully submitted:
______Michael Largent, WSAC President Mary Kuney, WSAC Second Vice President
WSAC Board of Directors February 3, 2021 Page 7 of 136 Litigation Update, February 2021
Unfunded Mandate – WSAC, Snohomish County, Kittitas County, Whitman County v. State of Washington This case challenges Senate Bill 5472 (Ballot Drop Box Bill) as a violation of RCW 43.135.060, Prohibition of new or expanded programs without full reimbursement. • Legal action authorized by WSAC Board of Directors, November 13, 2018. • Regular and ongoing briefings with the Washington State Association of County Auditors (WSACA), Washington Association of County Officials, and Washington Association of Prosecuting Attorneys (WAPA) on potential and pending litigation. • Gary Rowe (WSAC Contractor) worked with County Auditors/Election Managers from all 39 counties regarding Ballot Drop Box installation costs, operation costs, claims filed. Cross checked with data from the Secretary of State’s Office. • February 2019. Facilitated meeting with WSAC and WSACA leadership to discuss pending litigation. Briefed WSACA members during 2019 session. • WSAC Board/LSC briefed on May 8, 2019 regarding litigation options. • Updated WSACA on June 10, 2019. October 2, 2019. • Briefed WAPA on June 19, 2019. October 2, 2019. December 12, 2019. April 21, 2020. October 5, 2020. • Complaint reviewed by selected County Auditors and Prosecuting Attorneys for feedback and comment • Snohomish County, Whitman County, Kittitas County joined WSAC as co-plaintiffs. • Highlighted claims made by other counties for unfunded mandate/ballot drop box expenses and denied by the state. Association will attempt to secure payment on behalf of those counties through standing in the case. • Complaint filed in King County Superior Court on December 11, 2019. • Media press release. Minimal coverage - https://www.heraldnet.com/news/county-sues-state-to-recoup-costs- of-new-ballot-drop-boxes/ • State response received • Counsel and state communicating on response, briefing schedule, discovery requirements, association standing, etc. • Updated WACO Board of Trustees, March 5, 2020. • Working on Schedule for Discovery/Trial – Both WSAC and State confirming financial/budget/expenditure information. • Data gathering/fact checking on County costs and claims information and data. • Determining the effect of HB 2421 - Concerning state reimbursement of election costs, on case. This will likely be the subject of the first court hearing. • WSAC (Pacifica) submitted on August 14th, Motion for Partial Summary Judgment, declarations, and other materials. • Pacifica working to update claims and expenditures on Ballot Drop Box Installation and Operating Costs required by HB2421. • King County Superior Court Judge Nelson K. H. Lee heard oral arguments on October 2, 2020. • On October 14, 2020 Judge Lee ruled in a Partial Summary Judgement that SB 5472, which mandated County Auditors to significantly increase the number of ballot drop boxes statewide at an estimated capital cost of over one million dollars plus yearly operating and maintenance costs, “is an unfunded mandate pursuant to RCW 43.135.060.” • https://www.seattletimes.com/opinion/editorials/ballot-drop-box-ruling-shows-legislature-must-accept- fiscal-reality/ • https://www.heraldnet.com/news/state-demanded-more-drop-boxes-and-now-it-must-pay-for-them/ • Case schedule amended for remaining issues to be settled April 19, 2021.\
WSAC Board of Directors February 3, 2021 Page 8 of 136 • State has appealed Summary Judgement directly to the State Supreme Court – Waiting for Supreme Court Ruling; WSAC brief opposed proceeding to the State Supreme Court but articulated the issues to consider if the Court accepted. • WSAC reminding other counties to continue to submit claims for ballot box installation and operations to the State. • Preparing for both completing the case in King County – or preparing to proceed to State Supreme Court • State has asked for discovery. Co-Plaintiff counties and counties who submitted claims included in our litigation are having to produce information and provide responses.
Indigent Defense Potential legal action regarding the State’s constitutional duty to provide trial court indigent defense funding. • Pacifica Law Group has initiated research and analysis regarding potential and likely claims – statutory and constitutional. • WSAC filed Amicus Brief on a case that asks if the State of Washington or the Washington State Office of Public Defense has an actionable duty to cure claimed systemic and significant deficiencies in a county’s provision of indigent defense services to juveniles charged with criminal offenses. (Davison v. State of Washington and Washington State Office of Public Defense Supreme Court, No. 96766-1) o In 2017, plaintiff, supported by the ACLU, sued the state alleging that Grays Harbor County systemically failed to provide constitutionally adequate indigent juvenile defense. Grays Harbor County was not named as a party to the suit. Davison asked the Thurston County Superior Court to declare that the State and OPD have a duty to act when they become aware of a systemic failure by a county to provide constitutionally adequate indigent juvenile defense. o The trial court ruled that the State has a duty to act if it knows of a county’s systemic failure to provide constitutionally adequate indigent juvenile defense, without regard to whether the county could more appropriately remedy the problem itself. o The State filed a motion for direct review to the Supreme Court on January 28, 2019, and the Court accepted review. o Formal request by the Grays Harbor Board of County Commissioners for WSAC to submit an Amicus Curiae Brief. o The WSAC Executive Committee approved amicus involvement on April 7, 2019. o The Pacific Law Group, on behalf of WSAC, submitted Amicus Curiae Brief on September 27, 2019: . State of Washington has an Affirmative Constitutional Duty to assure adequacy of Indigent Defense. . Who (State or County) has the responsibility to fund indigent defense is not properly before the court and should not be ruled upon. o Oral arguments occurred November 12, 2019 before the Washington State Supreme Court. o Supreme Court Ruling 6/25/20 - https://www.courts.wa.gov/opinions/pdf/967661.pdf o Washington Supreme Court confirmed that ultimately the State bears the duty to provide indigent defense services as required under the U.S. and Washington Constitutions. While the State has discretion to delegate to local governments responsibility for providing these services, in so doing the State must provide local governments with the authority and means necessary to furnish constitutionally adequate indigent defense. The Court remanded for consideration of whether the systemic and structural deficiencies in the current state system, as alleged by the plaintiffs and described in WSAC’s amicus brief, violate the State’s constitutional duties. o Plaintiff sought Supreme Court Re-Consideration. o WSAC prepared Amicus Brief to support Re-Consideration. o Supreme Court asked the State to respond for the request for re-consideration (9/1/2020). o Supreme Court denied re-consideration on 10/20/2020. • Reviewing potential concurrent or subsequent legal actions. • WSAC initiated work on data gathering associated with indigent defense and county expenditures, systems of delivery, county revenues and expenditures, etc. • WSAC staff will reach out to secure points of contact for each County regarding this potential
WSAC Board of Directors February 3, 2021 Page 9 of 136 litigation as necessary. • WSAC staff established data/information steering committee with county budget and policy staff. • WSAC contractor established indigent defense data set and dashboard for Counsel to refer to. • WSAC exploring/identify potential co-plaintiffs as part of potential litigation including individual counties. • WSAC Counsel working on indigent defense complaint. • WSAC doing political and environmental scan on filing complaint – and timing. • WSAC will need to consider intervening in Davison v. State of Washington and Washington State Office of Public Defense Supreme Court, No. 96766-1 on remand in Thurston County Superior Court should it proceed.
Spokane County - Spokane County, et al v. State of Washington 19-2-00934-32 This case challenged the constitutionality of Senate House Bill 2887 (2018) requiring Spokane County to elect a five member, by district, Board of County Commissioners. WSAC alleged that this legislation violated the uniformity clause of Article XI of the Washington State Constitution and creates a precedent for the legislature to impose different requirements on different counties. • Legal action authorized by WSAC Board of Directors, November 13, 2018. • Attorney General Ferguson declined our request to “Investigate and Institute Legal Proceedings on the Unconstitutionality of Senate House Bill 2887”. • WSAC filed complaint for Summary Judgment in Spokane County Superior Court on February 26, 2019, that the imposition of differing systems of government violates the Constitution’s uniformity requirements. Const. art. XI, §§ 4, 5; art. II, § 28. • Plaintiffs were Washington State Association of Counties, Spokane County, Al French, and John Roskelley (former Spokane County Commissioner). • Communication activities: o Spokane County contract lobbyist Mike Burgess and Eric Johnson met with most Spokane area Legislators; o Eric Johnson, President Hutsell, and Spokane County Commissioner Kuney met with local media; o Communicated to WSAC Members. • State’s response to complaint submitted March 11th. • WSAC Motion for Summary Judgment submitted April 26, 2019. • State Response Submitted May 13, 2019. • WSAC Response Submitted May 20, 2019. • Hearing and oral arguments heard by Spokane County Superior Court Judge Maryann Moreno on Friday, May 31, 2019. • Judge Moreno’s ruled on August 16, 2019, in favor of the State, stating that she is “not convinced that SHB 2887 violates the Washington State Constitution. I am not satisfied that the County has met the burden of proof beyond a reasonable doubt.” • WSAC Board of Directors authorized direct appeal to the Washington Supreme Court, September 20, 2019. • Spokane County, WSAC and Co-Plaintiffs filed Notice of Appeal to the Washington Supreme Court on September 26, 2019. • State concurred with direct appeal to the Supreme Court. • Counsel submitted Spokane/WSAC’s brief to the Supreme Court. • Washington State Supreme Court accepted case on direct appeal. • Oral Arguments occurred on June 25th: o https://www.tvw.org/watch/?clientID=9375922947&eventID=2020061173&startStreamAt=38 • On August 20, 2020, the Washington Supreme Court ruled that: o “We hold that SHB 2887 is constitutional under article XI, sections 4 and 5. Under article XI, section 4, SHB 2887 properly sets forth a “uniform system” such that any noncharter county that exceeds 400,000 people in population will be subjected to SHB 2887’s requirements. Further, under article XI, section 5, the legislature may classify counties by population for any purpose that
WSAC Board of Directors February 3, 2021 Page 10 of 136 does not violate other constitutional provisions, and SHB 2887 is a general law that properly implements district-only elections for noncharter counties of a certain size.”
Attorney General Opinion – Appointment to Vacant State Legislative Position • Pacifica Law Group developed analysis of AGO Opinion 1985-01 (as well as other AGOs spanning a period of 1965-1987) which opines that a sitting county commissioner (council member) cannot be appointed to a vacancy in the legislature. • Pacifica Law Group analysis found that, “under the Washington State Constitution and state law, a sitting county commissioner or councilmember should be eligible to be appointed to a vacant state legislative position.” • February 22, 2019 – WSAC Legal Committee reviewed the Pacifica Law Group legal analysis and agreed to reach out to Skagit County Prosecuting Attorney Rich Wyrich asking him to seek a new AGO on the issue. • Both San Juan County Prosecuting Attorney Randy Gaylord and Whatcom County Prosecuting Attorney Eric Richey sought an AGO in April 2019. • AGO accepted Prosecutor Richey’s request - https://www.atg.wa.gov/pending-attorney-generals- opinions#richey. • Pacifica updated original analysis and provided to the Office of the Attorney General on behalf of WSAC. • AGO issued an opinion consistent with WSAC position - https://wsac.org/ago-rules-on-county- appointment-procedures/
Washington State Auditor’s Office - .09 Rural Economic Development Uses RCW 82.14.370 authorizes “rural” counties to impose a sales and use tax up to 0.09 percent for specific purposes, provided certain statutory criteria. WSAC (Pacifica) prepared an opinion on behalf of Benton County, Washington State Association of Counties, and Washington Public Ports Association (WPPA), to address concerns raised by the State Auditor’s Office (SAO) regarding county distribution of revenues received under RCW 82.14.370 directly to port districts to (1) finance certain port facilities and/or (2) finance certain port district personnel.
The SAO believes counties may be barred from distributing revenues collected under RCW 82.14.370 directly to port districts for qualifying projects. Specifically, the SAO contends: Under RCW 82.14.370 Counties can use these monies to finance public facilities serving economic development purposes however we don’t see where transferring the money directly to the ports is an allowable use. Ports do not have the authority to collect these types of tax revenues and therefore are unable to receive the funds directly; however the County is able to finance the projects as described in the RCW. WSAC put forth a legal analysis based on the plain language of the statute, its legislative history, Attorney General Opinions, prior SAO treatment of direct funding schemes under the statute, and actual county practice -- direct county distribution to port districts for port facilities and personnel that otherwise meet the statutory criteria for funding is permissible under RCW 82.14.370.
WSAC Board of Directors February 3, 2021 Page 11 of 136 AMICUS UPDATE – Cases pending or decided in 2019 and 2020 January 28, 2021
CASES PENDING
1) Butts v. Constantine • Supreme Court, No. 98985-1
Issue Did the trial court err in finding a provision of the King County charter that allocates residual and implied powers in the executive unconstitutional because they were not specifically granted by the council to the executive? Did the trial court err in ruling that county inquests cannot exceed the scope of the 1854 Coroner’s Statue, RCW 36.24, despite a charter county’s ability to utilize inquest procedures that exceed the state process?
Background Petitions for extraordinary writs (mandamus/prohibition/review) and petitions for declaratory and injunctive relief were filed by several parties in Superior Court contesting the King County Executive’s executive orders on inquests which were substantially re-vamped beginning in late 2018. The change in the policy was a response to growing community concern that the inquest process was a rubber stamp for police use of force. Families of 3 decedents killed by law enforcement officers argued that the policy changes didn’t go far enough and cities and individual police officers (police parties) argued that the policy changes went too far.
The Supreme Court’s decision in this case will determine the ability of counties to adopt home rule charter provisions that establish a strong executive form of government. If such charter provisions are precluded under the Washington Constitution, a common government structure that is open to charter cities (i.e. a strong mayor-type government) would no longer be possible for home rule county governments. Whereas charter counties may currently rely on implied executive authority to execute the laws, the Superior Court’s notion that laws must be “specific, not general” in specifying executive authority would require extremely long ordinances to detail each power an executive could exercise in carrying out each particular law. For charter counties with a strong executive form of government, this case will resolve what amounts to a constitutional crisis over the proper scope of county executive authority.
Status The Supreme Court accepted King County’s request for direct review. Amicus briefs were due the first week of December and oral arguments were heard on January 18, 2021.
Counsel Tim Leyh, Tyler Farmer, Randall Thomsen, Kristin Ballinger, and Caitlin Pratt of Harrigan, Leyh, Farmer, and Thomsen.
2) Fite v. City of Puyallup and Mudd • Div. II, Court of Appeals, No. 54325-7-II
Issue Did the trial court err in giving a jury instruction stating, “Whether a roadway or crosswalk is reasonably safe for ordinary travel must be determined based on the totality of the circumstances. A roadway or crosswalk can be unsafe for ordinary travel even when there is no violation of statutes, regulations or guidelines concerning roadways and crosswalks.” because the two sentences appear be contradictory and misstates the law in favor of one party?
WSAC Board of Directors February 3, 2021 Page 12 of 136 Background An allegedly intoxicated skateboarder and a pickup truck collided in a marked crosswalk in the City of Puyallup. The crosswalk complied with national, state, and city road-design standards. The jury awarded the skateboarder $6.5 million and the City appealed citing the jury instruction and the exclusion of evidence of the skateboarder’s intoxication and eyewitness evidence under a ruling that the skateboarder did not need to look both ways before entering the intersection.
There is an unacceptable trend that municipalities are in effect becoming insurers of persons using crosswalks. Jury awards and settlements are becoming a huge tax on crosswalks paid with public funds despite driver and pedestrian fault. The Court of Appeals should reinstate the standard that municipalities and users of crosswalks have a duty to exercise ordinary care.
Status WSAC’s amicus brief was due on October 26, 2020. A hearing date has not yet been set.
Counsel Jacquelyn M. Aufderheide, Kitsap County Chief Civil Deputy Prosecuting Attorney Elizabeth Doran, Kitsap County Senior Deputy Prosecuting Attorney
CASES DECIDED
3) Mancini v. City of Tacoma, et al. • Supreme Court, No. 97583-3
Issue Did the Court of Appeals err by deciding the plaintiff’s negligence claim, as presented at trial, was a negligent investigation claim and thus, not cognizable (within the jurisdiction of a court), where the alleged negligent acts were the polices’ failure to make a controlled buy and conduct surveillance before obtaining a controlled substance warrant for the plaintiff’s home?
Background This case involves the execution of a search warrant on a suspected meth dealer in Federal Way. Unfortunately, the confidential informant misidentified the building, and the warrant was issued for and executed on Kathleen Mancini’s apartment. Police believed that Mancini was the suspect’s mother and that she was renting the apartment in her name to keep him off the grid. Mancini sued, alleging negligence, invasion of privacy, assault and battery, and false arrest, among other claims.
The case was initially dismissed on summary judgment, and Division I reversed on these four claims. The matter went to trial, and the jury found for the city on the intentional torts (invasion of privacy, assault/battery, and false arrest), but found for the plaintiff on the negligence claim. The theory of negligence the plaintiff presented to the jury was the city was negligent in how the warrant was obtained, by failing to do a controlled buy, and by not conducting more surveillance before seeking and executing the warrant.
On appeal, in Mancini II, Division I agreed the plaintiff’s theory of liability at trial was negligent investigation, and the claim was not cognizable. Division I reversed and directed a verdict be entered for the city. The plaintiff brought a motion for reconsideration, which was denied. The plaintiff then filed a petition for discretionary review in the Supreme Court, with amicus support from the Washington State Association for Justice, and the Court accepted review.
Traditionally, courts have not recognized a claim of “negligent investigation.” If the Supreme Court were to reverse Division I’s decision, the potential liability is far-reaching for county police agencies. Then, any time police agencies are involved in investigating a crime, a plaintiff may bring a claim that the case was not properly investigated.
WSAC Board of Directors February 3, 2021 Page 13 of 136 Status The petitioner sought a 30-day extension for the supplemental briefs, which the Court granted, so the parties’ supplemental briefs were due February 3, 2020. WSAC filed a joint brief with the Washington Association of Sheriffs and Police Chiefs, filed the brief on March 27, 2020. The Supreme Court heard oral arguments on May 5, 2020. On January 28, 2021, the Supreme Court reversed the Court of Appeals and reinstated the jury’s verdict, stating “the Washington State Legislature has enacted a broad waiver of sovereign immunity. Consistent with that waiver, we hold that the standard tort duty of reasonable care applies with full force to police executing a search warrant.” The Court did not reach the question regarding whether police may be separately liable for the tort of “negligent investigation.”
Counsel DPA Doug Mitchell of Kittitas County DPA Dan Hamilton of Pierce County
4) Teamsters Local 839 v. Benton County • Div. III, Court of Appeals, No. 36974-9-III
Issue Does RCW 41.56 (public employees’ collective bargaining) trump RCW 49.48.200 and .210 (collection of overpayment of wages) such that public employers must collectively bargain the collection of overpayments?
Background In November 2016, the Benton County Auditor’s Office discovered the accidental overpayment of wages to corrections officers and patrol deputies in the Sheriff’s Office. The Auditor’s Office notified the Sheriff’s Office, who communicated with the affected employees. The Teamsters filed a preemptive grievance, which was withdrawn, and not until members timely challenged the occurrence or amounts of the overpayments.
Instead of litigation to recover the undisputed debt owed the county, and according to express statutory authority in RCW 49.48.200 and .210, the Auditor’s Office had the employees served with notice and deducted the overpayments in subsequent pay periods per the statutory requirements. The Teamsters filed two Unfair Labor Practice complaints against the county alleging they should not have dealt directly with represented employees and should have provided the Teamsters with the opportunity to bargain a repayment plan.
The Teamsters and the County filed simultaneous, pre-hearing cross-motions for summary judgment. Without a full evidentiary hearing, the examiner ruled the county committed the unfair labor practices. The county was ordered to return the overpaid funds, including interest if requested, to the employees and bargain and negotiate a payment plan with the Teamsters. PERC affirmed the examiner’s decision. The county filed a petition for a review of PERC’s administrative decision in superior court, which affirmed the decision.
Status Appellant, Benton County, filed their initial brief on December 13, 2019. WSAC joined with the Washington State Association of Municipal Attorneys in filing an amicus brief. The Court of Appeals arguments were set for September 18, 2020 but were rescheduled. On November 12, 2020, Division III of the Court of Appeals ruled, with all three judges concurring, against Benton County and in favor of the Teamsters. The court held that recovery of overpaid wages from a union member’s future paychecks or accrued leave is a mandatory subject of bargaining.
Counsel DPA Christopher Horner of Kittitas County for WSAC Charlotte Archer of Inslee Best for WSAMA
WSAC Board of Directors February 3, 2021 Page 14 of 136 5) Davison v. State of Washington and Washington State Office of Public Defense • Supreme Court, No. 96766-1
Issue Does the State of Washington or the Washington State Office of Public Defense have an actionable duty to cure claimed systemic and significant deficiencies in a county’s provision of indigent defense services to juveniles charged with criminal offenses?
Background In 2017, the plaintiff, supported by the ACLU, sued the state alleging Grays Harbor County systemically failed to provide constitutionally adequate indigent juvenile defense. Grays Harbor County was not named as a party to the suit. Davison asked the Thurston County Superior Court to declare the state and OPD have a duty to act when they become aware of a systemic failure by a county to provide constitutionally adequate indigent juvenile defense.
The trial court ruled that the state has a duty to act if it knows of a county’s systemic failure to provide constitutionally adequate indigent juvenile defense, without regard to whether the county could more appropriately remedy the problem itself.
The state filed a motion for direct review to the Supreme Court on January 28, 2019, and the Court accepted review.
Status The WSAC Executive Committee approved amicus involvement in March. Pacifica Law Group submitted a brief for WSAC at the end of September. The Court heard oral arguments on November 12, 2019.
As WSAC argued in its amicus brief, the Washington Supreme Court confirmed that ultimately the State bears the duty to provide indigent defense services as required under the U.S. and Washington Constitutions. While the State has the discretion to delegate to local governments responsibility for providing these services, in so doing, the State must provide local governments with the authority and means necessary to furnish constitutionally adequate indigent defense. The Court remanded for consideration of whether the systemic and structural deficiencies in the current state system, as alleged by the plaintiffs and described in WSAC’s amicus brief, violate the State’s constitutional duties. The plaintiffs filed a motion for reconsideration to the Supreme Court in July, and WSAC filed an amicus brief in support of the review. The Court denied the motion for reconsideration.
Counsel Pacifica Law Group
6) Colvin v. Inslee • Supreme Court, No. 98317-8
Issue May the Supreme Court compel the state executive branch – specifically the governor and secretary of the Department of Corrections (DOC) – to release prison inmates immediately to reduce the spread of COVID-19?
Background Columbia Legal Services and the American Civil Liberties Union filed a Petition for a Writ of Mandamus with the state Supreme Court, later seeking an amendment to include Habeas Corpus and/or Personal Restraint Petition, on behalf of five named inmates and all similarly situated inmates - approximately 11,700 persons - seeking their release from state custody due to the global pandemic, without regard to the risk of dangerousness, victims’ rights, or supervision requirements.
WSAC Board of Directors February 3, 2021 Page 15 of 136 The petitioners initially filed in late March, seeking an emergency motion to accelerate review, the appointment of a special master, and immediate relief on April 9. After the reply brief was submitted on April 10, the Court directed the governor and Secretary Sinclair to immediately take all necessary steps to protect the health and safety of the named petitioners and all DOC inmates and report to the Court on April 13 with an update required on April 17. On April 10, Governor Inslee and Secretary Sinclair submitted to the Court a plan to release up to 950 inmates, taking into consideration the crimes for which they were convicted, scheduled release dates, and approved release plans.
The April 10 order did not appoint a special master; however, three of the justices dissented, stating they would have ruled to release the named petitioners immediately.
Status Deputy prosecuting attorneys for Skagit and Kitsap Counties volunteered to draft an amicus brief on behalf of WSAC opposing the release due to fiscal and health-related concerns. WASPC is also submitting an amicus brief, as is WAPA – with each brief focused on specific matters. The briefs are due April 16, 2020.
The Court heard oral argument via videoconference on the morning of April 23, 2020. Respondent’s counsel referenced WSAC’s amicus brief in his argument. On the afternoon on April 23, the Court ruled, in a 5-4 oral decision, against the petitioners on both counts. The Court released the written decision in July.
Counsel Haley W. Sebens, Skagit County Senior Deputy Prosecuting Attorney Nathaniel Block, Skagit County Deputy Prosecuting Attorney Jacquelyn M. Aufderheide, Kitsap County Chief Civil Deputy Prosecuting Attorney
7) Kittitas County v. WA State Department of Transportation • Div. II, Court of Appeals, No. 52329-9-II
Issue Must the state Department of Transportation pay its share of a county’s noxious weed program’s costs?
Background As required by state law, Kittitas County provides noxious weed services to all landowners in the county, including DOT. Kittitas County is appealing a superior court summary judgment order exempting DOT from paying for noxious weed services to DOT owned land.
Kittitas County appealed the case to the Court of Appeals and requested an amicus brief from WSAC.
Status WSAC’s amicus brief, drafted by Pacifica Law Group, was filed with the Court of Appeals on March 1, 2019, upon leave from the court to file late. The court heard oral argument on October 24, 2019.
On April 21, 2020, the Court of Appeals held that a weed assessment is a special assessment, and the County lacks the explicit authority to impose the weed assessments against the Department and affirmed the ruling of the trial court.
Counsel Pacifica Law Group
WSAC Board of Directors February 3, 2021 Page 16 of 136 8) Sandra Ehrhart et al v. King County et al • Supreme Court No. 96464-5
Issue Does WAC 246-101-505, which directs a county to “[r]eview and determine appropriate action” when it receives notice of a “notifiable condition,” such as a Hantavirus infection, create a duty upon which tort liability can be imposed, or does the public duty doctrine bar tort liability as a matter of law?
Background In December 2016, a commercial diagnostic lab notified King County that a resident of rural Redmond had tested positive for Hantavirus. Consistent with the Department of Health (DOH) guidelines, King County sent a Public Health Nurse Investigator to review the case.
Health Departments send information to the public on a variety of health topics, including certain “notifiable conditions,” i.e., diseases or conditions of public health importance. To that end, the Health Department’s communications office, in consultation with its Local Health Officer and condition-specific guidance from the Washington State Department of Health (“DOH”), determines when health notifications should be issued.
Due to the noncontagious nature of Hantavirus and the isolated nature of the resident, King County’s Local Health Officer determined it was not necessary to issue a public notice.
In February 2017, King County was notified of Brian Erhart’s unexplained death. He had been treated for flu- like symptoms at Swedish Hospital and discharged. The next day, his condition worsened, and he went to Overlake Hospital, where he later died. King County launched an investigation to determine the cause of death, which revealed he died of acute Hantavirus infection.
Mr. Erhart’s estate sued his treating physician, Swedish Health Services, and King County for negligence and wrongful death. The estate claims the Health Department should have sent a health advisory to area healthcare providers after being notified of the December 2016 case of Hantavirus.
The trial court refused to grant King County’s motion for summary judgment and instead “conditionally” granting the estate’s motion for summary judgment on the public duty doctrine dependent on the jury’s factual findings at trial. The Supreme Court accepted the case on a motion for direct discretionary review.
Status This case was set for oral argument on November 12, 2019. Having not found a volunteer DPA to draft this brief, WSAC general counsel submitted a brief for WSAC on September 27, 2019. Oral argument was heard on November 12, 2019.
On April 2, 2020, the Court ruled King County owed no individual tort duty to Ehrhart and remanded the case back to the trial court to enter summary judgment in favor of King County on its affirmative defense asserting the public duty doctrine.
Counsel Mellani McAleenan
9) Tulalip Tribes v. Smith • US Court of Appeals, 9th Circuit, Nos. 18-36062, 18-36075
Issue Does federal law preempt the State and County’s imposition of taxes on non-Indian businesses in transactions with non-Indian customers?
WSAC Board of Directors February 3, 2021 Page 17 of 136 Do the taxes interfere with Tulalip’s sovereign right to make and be governed by its laws by depriving the Tribes of funds for education and social welfare of tribal members and those living on the reservation?
Does the Indian Commerce Clause carve out a zone of economic interests—including taxation—in which only the federal government, not state and local governments, may regulate?
Background The Tribes, joined by the United States as a plaintiff-intervenor, sought a declaration and injunction prohibiting the State of Washington and Snohomish County from collecting retail sales and use taxes, business and occupation taxes, and personal property taxes within a part of the Tulalip Reservation known as Quil Ceda Village. The plaintiffs argued these taxes should not be imposed because they are preempted by federal law, violate the Indian Commerce Clause, and infringe on Tulalip’s tribal sovereignty.
The US District Court first granted summary judgment on one count, holding the plaintiffs did not state a viable claim of relief under the Indian Commerce Clause. The district court then concluded the State and County’s taxes were not preempted under that test because there is no pervasive or comprehensive federal regulatory scheme governing retail sales activity in the Village, and Tulalip could not demonstrate more than a basic financial interest implicated by the State and County taxation. The court also held the taxes do not infringe on Tulalip’s tribal sovereignty.
Both the Tribes and the United States appealed to the 9th Circuit Court of Appeals. Briefs were drafted, and settlement negotiations ensued.
Status The WSAC Executive Committee approved amicus involvement. WSAC was exploring the option of filing a joint brief with WSAMA. However, the parties reopened settlement negotiations in late April, and the briefing schedule was vacated.
Settlement negotiations proved to be successful, and the parties entered into a Memorandum of Understanding, which was finalized by SHB 2803, which allows the Governor to enter into the compact.
Counsel WSAMA, but no brief was filed due to settlement
10) The Judges of the Benton and Franklin Counties Superior Court et al. v. Michael Killian, Franklin County Clerk, Superior Court of WA for Franklin County • Supreme Court, No. 96821-7
Issue May a court compel a board of county commissioners to fund expenditures absent clear, cogent, and convincing evidence those expenditures are necessary to hold court, conduct the administration of justice efficiently, or fulfill the court’s constitutional duties?
Background Benton and Franklin County Superior Courts adopted a court rule to order the Franklin County Board of Commissioners to appropriate additional funds for the Franklin County Clerk to maintain paper records after the electronic Odyssey record system was operational.
Kittitas County Superior Court Judge Scott Sparks heard the case. The court scheduled the plaintiff’s motion for summary judgment seeking a writ of mandamus for hearing on December 7, 2018. The Kitsap County Board of Commissioners requested, and the Kitsap County Prosecuting Attorney agreed to appear for WSAC as amicus in the case. The Kitsap County Prosecuting Attorney, by and through Chief Deputy Jacquelyn Aufderheide and Senior DPA Lisa Nickel, prepared and submitted the necessary
WSAC Board of Directors February 3, 2021 Page 18 of 136 briefing.
On December 10, 2018, Judge Scott Sparks ruled in favor of the judges, holding that it is the judges and not the clerk who decides when the timing of going paperless should occur. The Franklin County Superior Court Clerk is not authorized to disregard the authority of the court.
The Franklin County Clerk filed a petition for review to the Supreme Court and asked WSAC to continue its amicus support. Former WA Supreme Court Justice Phil Talmadge filed a brief on behalf of the Washington State Association of County Clerks.
Status On July 26, 2019, Chief Civil Deputy Aufderheide submitted a new amicus brief similar to the one filed with the trial court, except it responded to argument/contentions made in the Franklin County Superior Court’s answer to WSAC’s amicus brief and expanded WSAC’s brief to describe the numerous functions county governments perform, which may be affected when judges demand extra-budget expenditures for judicial projects. The Supreme Court heard oral arguments on November 12, 2019.
On March 19, 2020, the Supreme Court held the Franklin County Superior Court abused its authority in using rule-making to resolve a dispute in the court’s favor with another elected official. Instead, the superior court should have sought a declaratory judgment ruling so a neutral arbitrator could decide the dispute.
Counsel Jacquelyn M. Aufderheide, Kitsap County Chief Civil Deputy Prosecuting Attorney
11) Bednarczyk, et al. v. King County • Supreme Court, No. 96990-6
Issue Whether jurors are entitled to minimum wage as employees under the Washington Minimum Wage Act.
Background Washington’s counties, including King County, pay jurors within a $10 to $25 range according to state law. The plaintiffs are hourly wage earners whose employers do not pay for jury service. They filed a claim in Pierce County Superior Court claiming jurors should be paid minimum wage under the Washington Minimum Wage Act. They also sought a declaratory judgment on the grounds that insufficient juror pay necessitating economic hardship excusals effectively excludes jurors from services based on economic status. They included a racial disparity class and claim, but voluntarily dismissed it. While they aimed for a class action, no class was ever certified.
King County moved for and prevailed on summary judgment. The plaintiffs sought direct review and were denied. The Court of Appeals affirmed the grant of summary judgment in favor of King County by a vote of 2-1, holding (1) economic status is not a protected class under the Washington Law Against Discrimination, (2) an implied cause of action and remedy of increased juror pay is inconsistent with the legislative intent of the underlying statute, and (3) rejecting the argument that jurors are employees for purposes of the Minimum Wage Act.
Status The plaintiffs sought review in the Washington Supreme Court, which the Court granted on July 29, 2019. The Court heard oral argument on October 29, 2019. Pam Loginsky, of the Washington Association of Prosecuting Attorneys, drafted a joint brief for WSAC and the County Clerks and filed it at the end of September.
The Supreme Court ruled on April 9, 2020, that jurors are not employees entitled to the minimum
WSAC Board of Directors February 3, 2021 Page 19 of 136 wage under the Minimum Wage Act because no employer-employee relationships exist statutorily under RCW 49.46.010(3)(d) or otherwise. The Court stated the solution for low juror pay rests with the legislature, not the courts.
Counsel Pam Loginsky, Washington Association of Prosecuting Attorneys
12) Edward Kilduff v. San Juan County • Supreme Court, No. 95937-4
Issue Must a public records requestor exhaust administrative remedies before filing a claim in superior court?
Background
If a public records requestor in San Juan County is not satisfied with the response they receive, the county code has a procedure requiring the requestor to submit a written request for review to the prosecuting attorney and allow two days for a response before initiating a public records lawsuit. The plaintiff, in this case, did not follow that procedure and filed the suit without first requesting a review from the prosecuting attorney.
In this case, the plaintiff filed a broad public records request with the county for a file of the prosecuting attorney. The prosecuting attorney spoke with the requestor to clarify his request and understood the requestor/plaintiff wanted the final report issued by the prosecutor, which had listed other documents the prosecutor had reviewed. If the other documents were wanted, then a follow-up would occur. The public records clerk sent a follow-up letter to the requestor/plaintiff stating this understanding, providing the final report, and closing the request. The letter ended by saying, “if you have any questions related to this request or believe we should have provided additional documents please let me know.”
The requestor/plaintiff received the final report and letter but did not contact the public records clerk nor did he notify the prosecuting attorney in writing as required by the county code. Instead, he waited almost a full year after the County’s response to his public records request and then went straight to court, asserting he never intended to narrow his request during his telephone conversation and claiming damages. Had the plaintiff followed administrative remedies and contacted the prosecuting attorney, the alleged miscommunication could have been identified, and the records he sought promptly provided.
The superior court dismissed the plaintiff’s claim for failure to exhaust his administrative remedies as required by the San Juan County Code.
Status The Supreme Court accepted review on July 11 and heard oral argument on October 29, 2019. Having no DPA volunteers, WSAC engaged Pacifica Law Group to draft the brief. The Association of Washington Cities, the AWC Risk Management Service Agency, and the Washington State Transit Risk Pool joined the brief.
The Supreme Court ruled against Snohomish County, holding that “nothing in the PRA gives local governments the right to create another layer of administrative review or to require administrative exhaustion before the public may seek judicial review.”
Counsel Pacifica Law Group
WSAC Board of Directors February 3, 2021 Page 20 of 136 13) King County v. King County Water Districts Nos. 20, 45, 49, 90, 111, 119, 125, et al. and Ames Lake Water Association, Dockton Water Association, Foothills Water Association, Sallal Water Association, Tanner Electric Cooperative, and Union Hill Water Association • Supreme Court, No. 96360-6
Issue May a county enact an ordinance requiring reasonable rental compensation for the use of a county right-of-way, and may a county require minimum terms and conditions governing the use of the right-of-way in its franchise agreements?
Background King County Ordinance 1803 requires water, sewer, gas, and electric utilities to pay reasonable rental compensation through a negotiated franchise agreement for their use of county rights-of-way (ROW). To date, public and private utilities have mostly used county ROW for free. Shortly following the passage of the ordinance, several district utilities declared their opposition and stated their intent to sue King County.
King County then filed an action for declaratory judgment seeking a ruling to confirm its legal authority to enact the ordinance. King County named the district utilities as defendants, and the private utilities subsequently interviewed. The utilities argued King County lacked the authority to charge reasonable rental compensation and imposed an illegal tax.
On cross-motions for summary judgment, the trial court ruled King County did not have the authority to enact the ordinance. The court invalidated not only the franchise rental compensation but also ruled the county could not require any minimum terms and conditions governing the use of the ROW in its franchise agreements.
King County sought direct review by the Supreme Court and filed its opening brief on March 1, 2019.
Status Having found no DPA to volunteer to draft an amicus brief, WSAC engaged Arete Law Group to prepare the brief, which focused mainly on the issue of minimum terms and conditions, because Pacifica Law Group represented King County. Arete Law filed WSAC’s brief on August 9, 2019, and the utilities objected to the filing, which necessitated a reply by WSAC. The Court accepted the brief over the objections of the utilities on August 16, 2019. The Court heard oral argument on September 17, 2019.
The Court ruled in favor of King County, holding King County could collect franchise compensation.
Counsel Arete Law Group
14) Ron Gipson v. Snohomish County • Supreme Court, No. 96164-6
Issue Did the county correctly claim investigative records exempt under RCW 42.56.250(6) when the investigation into discrimination was active and ongoing as of the date of the request?
Background This case involves a question of first impression: does an agency determine the applicability of an exemption on the date the request is received or on the date responsive records are produced? In this case, the county received the request on December 1, 2014. On that date, the EEOC investigation sought was active and ongoing. The investigation closed on February 2, 2015. In response to the December request, the county produced five installments of responsive records. The county provided four after the investigation was closed. The county applied the exemption found at RCW 42.6.250(6) as
WSAC Board of Directors February 3, 2021 Page 21 of 136 of the date the request was received and continued to apply it throughout the production of installments. Mr. Gipson challenged the continued use of the exemption after February 2, 2017, arguing the exemption no longer applied once the investigation had closed, and the county violated the PRA by applying the exemption as of the date the request was received.
The trial court ruled in the county’s favor, and the Court of Appeals affirmed the trial court’s decision.
The Supreme Court granted review on November 27, 2018, and heard oral argument on February 26, 2019. WSAC joined in a brief from the Washington State Association of Municipal Attorneys, which was prepared and submitted by Charlotte Archer of Inslee Best.
Status
The Supreme Court found in favor of Snohomish County, holding they had correctly applied the “active and ongoing investigation” exemption. Installments are not new stand-alone requests but are part of the single request and should be treated as such, with the determination regarding whether any exemption applies made at the time of the request and not at the time of the installment.
Counsel Charlotte Archer of Inslee Best
15) Thurston County ex rel Snaza v. City of Olympia • Supreme Court, No. 95586-7 Issue May counties seek reimbursement from cities for a felon’s pretrial medical expenses if city law enforcement officers initially arrested the offender?
Background Thurston County brought suit against the cities that refused to pay (Olympia, Lacey, Tumwater, Yelm) for felony pretrial medical expenses. Tenino intervened. Mason County Superior Court ruled in favor of the cities by finding the statute (RCW 70.480.130(6)) does not require cities to pay.
Thurston County petitioned for direct review to the Supreme Court, which the cities agreed was appropriate. WSAC Board approved amicus involvement in January 2018.
Status The Supreme Court accepted direct review, and John Purves, Kitsap County Deputy Prosecuting Attorney, submitted the brief for WSAC in January.
The Supreme Court ruled against Thurston County in May, holding that, in the absence of a prior interlocal agreement, a county is not entitled to seek reimbursement from cities for the cost of medical services provided to jail inmates who are arrested by city officers and held in the county jail in felony charges. Counsel John Purves, Kitsap County Deputy Prosecuting Attorney
WSAC Board of Directors February 3, 2021 Page 22 of 136 16) Kittitas County v. WSLCB • Div. III, Court of Appeals, No. 35874-7-III
Issue Does the LSCB need to consider local development regulations when reviewing applications for cannabis licenses?
Background Kittitas County Superior Court ruled in favor of Kittitas County, and the LCB appealed to the Court of Appeals.
Status WSAC had planned to file a joint amicus brief with WSAMA. The lead attorneys were Milt Rowland with Foster Pepper and Dan Lloyd with the City of Vancouver. However, due to the transition in staffing, WSAMA filed the brief without WSAC in early September 2018.
The Court of Appeals ruled against Kittitas County in April 2019, holding the county’s zoning code did not provide grounds for the WSLCB to deny the applicant a marijuana/processor license because neither the Growth Management Act nor Washington’s marijuana licensing laws require the WSCLB to issue licenses in conformity with local zoning laws.
Counsel (on behalf of WSAMA only) Milt Rowland, Foster Pepper Dan Lloyd, City of Vancouver
WSAC Board of Directors February 3, 2021 Page 23 of 136 February 3, 2021
BUSINESS ACTION AND REPORTS
WSAC Board of Directors February 3, 2021 Page 24 of 136 February 3, 2021
TO: WSAC Board of Directors
FROM: Eric Johnson
PREPARED BY: Bridget Lockling, Finance Director
SUBJECT: Conflict of Interest Policy
WSAC’s Comprehensive Policy Manual includes a Conflict of Interest policy specifically for the Board of Directors. WSAC has a duty (per federal 990 reporting requirements) to inform the board that this policy exists.
Highlights of the policy to note:
This policy applies to all Directors entitled to vote in accordance with the Association Bylaws, and to Alternate Directors acting on behalf of a Director.
The Directors and Officers of the Washington State Association of Counties (“WSAC”) owe a duty of loyalty to the Association, which requires that in serving WSAC they act, not in their personal interests or in the interests of others, but rather solely in the interests of WSAC…
A conflict of interest may arise when a person has an existing or potential financial interest or other material interest that impairs, or might appear to impair, his/her independence or objectivity in the discharge of responsibilities and duties to WSAC…
Every Director and Officer must discharge his/her duties in good faith, with the degree of care that an ordinarily prudent person in a like position would exercise under similar circumstances…
Each Director and Officer must protect the confidential information of WSAC and must not use confidential information of WSAC for his/her personal benefit, or use such confidential information or his/her position as a Director or Officer to the detriment of WSAC…
Each Director and each Officer of WSAC shall promptly disclose any direct or indirect financial or other material interest that he or she has or reasonably expects to have in any proposed or existing Arrangement with WSAC prior to the start of any negotiations with respect to such matter…
A full copy of the policy follows this memo. The attached resolution #2021-01 is included as certification that the policy has been provided to and reviewed by the WSAC Board of Directors.
WSAC Board of Directors February 3, 2021 Page 25 of 136 II MEMBERS ORIGINAL ADOPTION: May 18, 2005 BOARD APPROVED REVISION: September 16, 2011
Part 2 – Conflict of Interest
This policy applies to all Directors entitled to vote in accordance with the Association Bylaws and to Alternate Directors acting on behalf of a Director.
The Directors and Officers of the Washington State Association of Counties (“WSAC”) owe a duty of loyalty to the Association, which requires that in serving WSAC, they act, not in their personal interests or in the interests of others, but rather solely in the interests of WSAC. Directors and Officers must have an undivided allegiance to WSAC’s mission and may not use their position as Directors or Officers, information they have about the WSAC, or WSAC’s property, in a manner that allows them to secure a pecuniary or other material benefit for themselves or their relatives [for purposes of this Policy, “relative” means a spouse or significant other living in the same household (“life partner”), brothers or sisters (by whole or half-blood), life partners of brothers or sisters (by whole or half-blood), ancestors, children, grandchildren, great-grandchildren, and life partners of children, grandchildren, and great-grandchildren]. Accordingly, a Director or Officer may not use his/her position at WSAC for personal gain or to benefit another at the expense of WSAC, its mission, or its reputation.
A conflict of interest may arise when a person has an existing or potential financial interest or other material interest that impairs or might appear to impair his/her independence or objectivity in the discharge of responsibilities and duties to WSAC. This policy is intended to protect WSAC’s interests when it is contemplating entering into a contract, transaction, or arrangement that might benefit the private interests of a member of WSAC’s Board of Directors or an Officer of WSAC. This policy is also meant to aid Directors and Officers of WSAC in performing the duties imposed upon them by the laws of the State Washington and the United States of America with respect to their management responsibilities and fiduciary obligations to WSAC. WSAC is committed to transparency and openness in its operations.
Every Director and Officer must discharge his/her duties in good faith, with the degree of care that an ordinarily prudent person in a like position would exercise under similar circumstances. This requires using common sense, being diligent and attentive to WSAC’s needs, and making thoughtful decisions in the best interest of WSAC. A Director or Officer may not take personal advantage of a business opportunity that is offered to WSAC unless the Board of Directors of WSAC first determines not to pursue the opportunity.
Each Director and Officer must protect the confidential information of WSAC and must not use confidential information of WSAC for his/her personal benefit or use such confidential information or his/her position as a Director or Officer to the detriment of WSAC. Confidential information is information obtained through the Director’s or Officer’s position that has not become public information.
WSAC Board of Directors February 3, 2021 Page 26 of 136 Direct or Indirect Financial or Other Material Interest Contracts, transactions, or arrangements of WSAC in which a Director or Officer has a direct or indirect financial or other material interest are not prohibited but are subject to scrutiny. Any such proposed contract, transaction, or arrangement (collectively, “Arrangement”) is to be reviewed to determine that it is in the best interests of WSAC.
For purposes of this Policy, a Director or Officer has a direct or indirect financial or other material interest in a proposed or existing Arrangement if he or she, or one of his/her relatives (a) has a substantial financial interest directly in the proposed or existing Arrangement; or (b) has a substantial financial interest in any other organization that (i) is a party to the proposed or existing Arrangement; or (ii) is in any way involved in the proposed or existing Arrangement, including through the provision of services in connection therewith (an “involved organization”); or (c) holds a position as trustee, director, officer, member partner, or employee in any such party or involved organization.
Substantial Financial Interest A Director’s or Officer’s financial interest will be considered substantial if it involves (a) an ownership or investment interest representing more than 1% of the outstanding shares of a publicly-traded company or 5% of the outstanding shares or comparable interest of a privately owned company with which WSAC has or is negotiating an Arrangement or which is an involved organization with respect to the Arrangement; or (b) an ownership or investment interest, which produces a significant amount of income for or constitutes a significant part of the net worth of the Director or Officer, or a relative of the Director or Officer, in any entity with which WSAC has or is negotiating an Arrangement or which is an involved organization with respect to the Arrangement; or (c) a compensation arrangement of any kind with any entity or individual with which WSAC has or is negotiating an Arrangement or with any involved organization with respect to the Arrangement.
Disclosure of Interest and Participation in Meeting Each Director and each Officer of WSAC shall promptly disclose any direct or indirect financial or other material interest that he or she has or reasonably expects to have in any proposed or existing Arrangement with WSAC prior to the start of any negotiations with respect to such matter. A direct or indirect financial interest required to be disclosed under this Policy shall be disclosed in writing to the WSAC President (the “President”). Such disclosure shall include all material facts and supply any reasons why the Arrangement might be or not be in the best interest of WSAC. The President shall refer the issue to the Audit Finance & Investment Committee (the Committee”).
The Director or Officer who discloses a direct or indirect financial or other material interest in a proposed or existing Arrangement may make a presentation and respond to questions by the Committee, but after such presentation, he or she shall leave the meeting during the discussion of, and vote on, the Arrangement that results in the conflict of interest. As part of any such presentation, the Director or Officer shall provide to the Committee any reasons why the Arrangement might be or not be in the best interests of WSAC. The Committee shall determine whether WSAC can obtain a more advantageous Arrangement with reasonable efforts from a person or entity that would not give rise to a conflict of interest. The Committee may, if appropriate, appoint a disinterested person or committee
WSAC Board of Directors February 3, 2021 Page 27 of 136 to investigate alternatives to the proposed Arrangement. If a more advantageous contract, transaction, or arrangement is not reasonably attainable under circumstances that would not give rise to a conflict of interest, the Committee shall determine by majority vote of the disinterested members of the Committee whether the Arrangement is in WSAC’s best interests and whether it is fair and reasonable to WSAC and shall make its decision as to whether to enter into the Arrangement in conformity with such determination.
Minutes of Meeting The names of the Directors and Officers who disclosed or otherwise were found to have a direct or indirect financial or other material interest in a proposed or existing Arrangement with WSAC, the nature of the interest, and the extent of the Director’s or Officer’s participation in the relevant Committee meeting on matters related to the financial or other material interest shall be recorded in the minutes for that meeting. The minutes also shall include a record of any determination as to whether the Arrangement was in the best interest of and fair and reasonable to WSAC, notwithstanding the interest, and the specific reasons supporting the determination, including any alternatives to the proposed or existing Arrangement, the names of the persons who were present for discussions and votes relating to the proposed or existing Arrangement, and a record of any votes taken in connection therewith.
Co-Investment Interest Each Director and each Officer of WSAC also shall disclose whether he or she, or one of his/her relatives, has personal funds invested with an investment manager providing, or expected to provide, investment management services to WSAC or in a professionally managed investment fund in which WSAC is invested or is considering investing (a “co-investment interest”). For the purposes of this Conflicts of Interest Policy, a “professionally managed investment fund” shall not include mutual funds or other similar investment vehicles generally available to the investing public on essentially the same terms. Such co-investment interest shall be disclosed in writing to President. Such disclosure shall include all material facts, including, but not limited to, fee arrangements and any preferential treatment received by the Director or Officer, or one of his/her relatives, and not available to other investors necessary to determine whether such co-investment interest may provide a benefit to the Director or Officer, or one of his/her relatives. If the President determines that the co-investment interest may provide some advantage to the Director or Officer, or one of his/her relatives, the President shall refer the issue to the Committee. The Director or Officer who discloses a co-investment interest may make a presentation and respond to questions from the Committee but shall not be present during the discussion of, and vote on, how to address the co-investment interest. The Committee shall determine what, if any, corrective action is required with respect to the co-investment interest, including, but not limited to, terminating the investment relationship or seeking an adjustment in fee structure.
Failure to Disclose If the Committee has reasonable cause to believe that a Director or Officer has failed to disclose a direct or indirect financial or other material interest or co-investment interest subject to this Policy, it shall inform the Director or Officer of the basis for such belief and afford the Director or Officer an opportunity to explain the alleged failure to disclose. If, after hearing the response of such individual
WSAC Board of Directors February 3, 2021 Page 28 of 136 and making such further investigation as may be warranted in the circumstances, the Committee determines that the Director or Officer has in fact failed to disclose a direct or indirect financial or other material interest or co-investment interest subject to this Policy, it shall take appropriate disciplinary and corrective action.
Employees Covered by Policy This Policy shall apply to the Executive Director.
Policy Supplements Applicable Laws This Policy is intended to supplement but not replace any applicable state or federal laws or regulations governing conflicts of interest applicable to nonprofit corporations.
WSAC Board of Directors February 3, 2021 Page 29 of 136 Resolution # 2021-01
WHEREAS, the Washington State Association of Counties’ Board of Directors is charged under its Bylaws and Policies with governance for WSAC’s operations and financial interests; and
WHEREAS, WSAC operations follow the WSAC Conflict of Interest Policy adopted by the WSAC Board of Directors in June 2008 and updated in September 2011; and
WHEREAS, All WSAC Directors entitled to vote in accordance with the Association Bylaws, and Alternate Directors acting on behalf of a Director, have a duty to promptly disclose any direct or indirect financial or other material interest that he or she has or reasonably expects to have in any proposed or existing Arrangement with WSAC; and
WHEREAS, WSAC has a duty to inform Directors and Alternates that the Conflict of Interest Policy exists.
NOW THEREFORE, BE IT RESOLVED that the Washington State Association of Counties’ Board of Directors and Alternates acknowledge that the WSAC Conflict of Interest Policy was transmitted to the WSAC Board of Directors on February 3, 2021; and
BE IT FURTHER RESOLVED that the Washington State Association of Counties’ Board of Directors and Alternates received explanation and briefing on the WSAC Conflict of Interest Policy.
Approved by the Board of Directors of the Washington State Association of Counties on February 3, 2021.
______Michael Largent, WSAC President Mary Kuney, WSAC 2nd Vice-President
WSAC Board of Directors February 3, 2021 Page 30 of 136 February 3, 2021
TO: WSAC Board of Directors
FROM: Eric Johnson
PREPARED BY: Bridget Lockling, Finance Director
SUBJECT: Appointment of Audit, Investment and Finance Committee
Background WSAC Bylaws call for the following action:
3.17.4 Audit, Investment & Finance Committee The Board of Directors shall appoint an Audit, Investment, and Finance Committee from those names presented by the President. The primary function of the Audit, Investment, and Finance Committee is to assist the Board of Directors in fulfilling its fiduciary, financial, investment, and compliance oversight responsibilities as defined in the Audit, Investment, and Finance Committee Charter. The 2nd Vice President shall Chair the Audit, Investment, and Finance Committee.
WSAC Policy Manual further states:
The Board of Directors shall appoint the Audit, Investment, and Finance Committee from those names presented by the President. The committee shall consist of at least five active members of the Association. Additionally, the WSAC 1st Vice-President and the 2nd Vice-President are mandatory members with two-year terms. The remaining members serve a three-year term.
Discussion Consistent with WSAC Bylaws and Policy, the following members will serve on the 2021 Audit, Investment, and Finance Committee:
San Juan County Commissioner Jamie Stephens, WSAC 1st Vice-President (Per WSAC Policy) Spokane County Commissioner Mary Kuney, WSAC 2nd Vice-President (Per WSAC Policy)
Ron Wesen, Skagit County Commissioner, Term Expires December 31, 2022
Additionally, WSAC President Michael Largent, following consultation with the WSAC Executive Committee, makes the following nominations to the Audit, Investment, and Finance Committee:
Todd Kimball, Walla Walla County Commissioner, Term Expires December 31, 2023 Brett Wachsmith, Kittitas County Commissioner, Term Expires December 31, 2023 Rud Browne, Whatcom County Councilmember, Term Expires December 31, 2023
Staff Recommendation Staff recommends the adoption of Resolution 2021-02 to appoint the Audit, Investment, and Finance Committee as listed.
WSAC Board of Directors February 3, 2021 Page 31 of 136 Resolution # 2021-02
WHEREAS, the Washington State Association of Counties’ Board of Directors is charged under its Bylaws and Policies with appointing the members of an Audit, Investment, and Finance Committee; and
WHEREAS, the Audit, Investment and Finance Committee performs the important work of assisting the Board of Directors in fulfilling its fiduciary, financial, investment and compliance oversight responsibilities; and
WHEREAS, WSAC President Michael Largent recommends the appointment of the following members to the Audit, Investment and Finance Committee:
Todd Kimball, Walla Walla County Commissioner, Term Expires December 31, 2023 Brett Wachsmith, Kittitas County Commissioner, Term Expires December 31, 2023 Rud Browne, Whatcom County Councilmember, Term Expires December 31, 2023
NOW THEREFORE, BE IT RESOLVED that the Washington State Association of Counties’ Board of Directors approves President Gelder’s nominees to the Audit, Investment and Finance Committee as follows:
Todd Kimball, Walla Walla County Commissioner, Term Expires December 31, 2023 Brett Wachsmith, Kittitas County Commissioner, Term Expires December 31, 2023 Rud Browne, Whatcom County Councilmember, Term Expires December 31, 2023
Approved by the Board of Directors of the Washington State Association of Counties on February 3, 2021.
______Michael Largent, WSAC President Mary Kuney, WSAC 2nd Vice-President
WSAC Board of Directors February 3, 2021 Page 32 of 136 February 3, 2021
TO: WSAC Board of Directors
FROM: Eric Johnson, Executive Director
PREPARED BY: Derek Anderson, Director, Member Services and Communications
SUBJECT: Appointments and Nominations to Statewide Boards & Commissions
The following nominations were received for open county represented positions on statewide boards and commissions. Attached are applications and statements of interest from each candidate.
Appointments by the WSAC Board of Directors
County Road Administration Board Eligibility: County Elected Official – Population between 30k – 150k Number of Positions: One Number of Applications Received: Three
Melanie Bacon, Island County Commissioner Gary Stamper, Lewis County Commissioner Danny Stone, Grant County Commissioner
Puget Sound Salmon Recovery Council Eligibility: County Elected Official Number of Positions: One Number of Applications Received: Three
Melanie Bacon, Island County Commissioner Megan Dunn, Snohomish County Councilmember Jani Hitchen, Pierce County Councilmember
Nominations to the Governor
Affordable Housing Advisory Board Eligibility: County Elected Official – Eastern WA Representative Number of Positions: One Number of Applications Received: One
LaDon Linde, Yakima County Commissioner
WSAC Board of Directors February 3, 2021 Page 33 of 136 Nominations to the Governor
State Board of Health Eligibility: County Elected Official Number of Positions: One Number of Applications Received: Five
Marty Campbell, Pierce County Councilmember Temple Lentz, Clark County Councilor Amanda McKinney, Yakima County Commissioner Lindsey Pollock, Lewis County Commissioner Greg Tompkins, Walla Walla County Commissioner
Nominations to the Department of Commerce
Community Economic Revitalization Board Eligibility: County Elected Official Number of Positions: One Number of Applications Received: Five
Karen Bowerman, Clark County Councilor Jim Nelson, Garfield County Commissioner Kevin Shutty, Mason County Commissioner Satpal Sidhu, Whatcom County Executive Mark Stedman, Lincoln County Commissioner
Openings Receiving No Nominations
E-911 Advisory Board – Western WA Alternate Eligibility: County Elected Official – Western WA WSAC Nominates, Appointed by Adjutant General Positions available - 1
State Interoperability Executive Committee Eligibility: County Elected Official WSAC Nominates, Appointed by State CIO Positions available - 1
WSAC will continue to recruit for these positions acknowledging that the Executive Board may make appointments prior to the May Board of Director's meeting if nominations/applications are received.
WSAC Policy on Board Appointment/Nomination Process
For Boards or Commissions where the WSAC Board of Directors are responsible for nominating individuals, the following process will be used:
WSAC Board of Directors February 3, 2021 Page 34 of 136 Board of Directors’ may approve that all nominees be forwarded to the appointing authority for further review via voice vote.
For Boards or Commissions where the WSAC Board of Directors have appointing authority, the following process will be used:
For positions receiving two statements of interest, the Board of Directors shall conduct a hand vote to determine which candidate is the nominee/appointee. For positions receiving more than two statements of interest and where it is necessary to reduce the number of nominees, the Board shall conduct an exhaustive ballot voting system until it is determined which candidate(s) is the nominee/appointee.
The exhaustive ballot voting system provides that each board member cast a single vote for his or her selected nominee. If no candidate is supported by an overall majority of votes, then the candidate with the fewest votes is eliminated, and a further round of voting occurs. This process is repeated for as many rounds as necessary until one nominee has a majority of the Board of Directors present to vote. If more than one nominee needs to be selected, the Board shall continue to vote until a second nominee has a majority, and so on.
WSAC Board of Directors February 3, 2021 Page 35 of 136 Member Nomination Form
Position of Interest: County Road Administration Board (Elected - 30-150k)
Name Melanie Bacon
Title County Commissioner
County: Island County
If elected o cial, your current term December 31 2024 ends?
Have you contacted the Board or No Commission of interest or visited their website to review the meeting schedule and to determine if you are able to meet their requirements?
As an appointee or nominee of WSAC, Yes you will represent the interests and positions of the Association and act in the best interests of all counties. You may be required to report back to the WSAC Board verbally or in writing, upon request, about activities and decisions of the Board or Commission on which you serve. Do you agree to these responsibilities?
Statement of Interest: I want to provide my citizens with the best public road service possible, and I think this Board will provide me with important information and well as offer Island County a venue to bring our issues to a wider audience..
WSAC Board of Directors February 3, 2021 Page 36 of 136 Member Nomination Form
Position of Interest: County Road Administration Board (Elected - 30-150k)
Name Gary Stamper
Title Lewis County Commissioner
County: Lewis County
If elected o cial, your current term December 31 2022 ends?
Have you contacted the Board or Yes Commission of interest or visited their website to review the meeting schedule and to determine if you are able to meet their requirements?
As an appointee or nominee of WSAC, Yes you will represent the interests and positions of the Association and act in the best interests of all counties. You may be required to report back to the WSAC Board verbally or in writing, upon request, about activities and decisions of the Board or Commission on which you serve. Do you agree to these responsibilities?
Statement of Interest:
As a second-term Lewis County commissioner, I am thrilled about the opportunity to serve on the Washington State County Road Administration Board (CRAB). Transportation is one of my biggest passions, as it’s one of the elds I most often nd myself involved in as a commissioner.
I’ve worked tirelessly with our state legislators and the Washington State Department of Transportation (WSDOT) on several state and federal projects within Lewis County – such as efforts to widen Interstate 5 through Lewis County; efforts to relieve congestion at the Napavine interchange; the Chamber Way overpass repair project; countless sh passage / bridge projects; and the Highway 603, Borst Avenue and Silverbrook Road improvement projects.
1
WSAC Board of Directors February 3, 2021 Page 37 of 136 I have established solid relationships with our nine incorporated cities as well as our area’s other governmental entities -- such as the PUD, Twin Transit, the tribes and our two ports –to develop infrastructure plans for the future. I’ve worked alongside private employers and other business leaders to identify transportation needs and develop solutions.
In addition to serving as Chair of the Lewis County Board of County Commissioners, I also represent the county on the Lewis County Transportation Strategy Committee (TSC) and the Regional Transportation Planning Organization (RTPO). These important boards help shape our region’s infrastructure roadmap.
I also serve on the following:
Lewis County Solid Waste Disposal District #1 Lewis County Board of Health Lewis County Economic Development Council Executive Steering Committee Chehalis River Flood Control Zone District Cowlitz River Flood Control Zone District Lewis-Mason-Thurston Area Agency on Aging Council of Governments (LMTAAA-COG) Washington Counties Risk Pool Board of Directors DNR/Timber Counties Twin Transit Authority Board Lower Columbia Fish Recovery Board Community Forestry Council
In addition to my role as a public servant, I feel my educational experiences also will be bene cial as a member of CRAB. After graduating from Mossyrock High School, I went on to earn a Bachelor of Arts degree in Political Science from Central Washington University and then a Master’s degree in School Administration from Heritage University.
I look forward to applying my professional experiences, my public service experiences, my educational background and my collaborative approach to projects that stretch beyond Lewis County’s borders.
2
WSAC Board of Directors February 3, 2021 Page 38 of 136 Member Nomination Form
Position of Interest: County Road Administration Board (Elected - 30-150k)
Name Danny Stone
Title Commissioner
County: Grant County
If elected o cial, your current term December 31 2024 ends?
Have you contacted the Board or Yes Commission of interest or visited their website to review the meeting schedule and to determine if you are able to meet their requirements?
As an appointee or nominee of WSAC, Yes you will represent the interests and positions of the Association and act in the best interests of all counties. You may be required to report back to the WSAC Board verbally or in writing, upon request, about activities and decisions of the Board or Commission on which you serve. Do you agree to these responsibilities?
Statement of Interest: I want to help contribute to WSAC's mission and I t the population criteria. Also, as an individual involved in agriculture, I'm keenly interested in making sure our county roads are well kept and safe for the transport of families, goods and services. I've lived in rural Washington all my life. For 29 years in NE Washington traveling in a mostly forested area and now farm in central Washington being very aware of the roads there. I've also been around heavy machinery and as a farmer have some experience operationally. I'd be willing to serve if you think I could be of bene t to this board.
WSAC Board of Directors February 3, 2021 Page 39 of 136 Member Nomination Form
Position of Interest: Puget Sound Salmon Recovery Council
Name Melanie Bacon
Title County Commissioner
County: Island County
If elected o cial, your current term December 31 2024 ends?
Have you contacted the Board or No Commission of interest or visited their website to review the meeting schedule and to determine if you are able to meet their requirements?
As an appointee or nominee of WSAC, Yes you will represent the interests and positions of the Association and act in the best interests of all counties. You may be required to report back to the WSAC Board verbally or in writing, upon request, about activities and decisions of the Board or Commission on which you serve. Do you agree to these responsibilities?
Statement of Interest: I am deeply concerned about salmon recovery in Puget Sound, its importance to orcas and other sealife, and the importance of salmon health for shing, tourism and healthy seafood for our citizens.
WSAC Board of Directors February 3, 2021 Page 40 of 136 Member Nomination Form
Position of Interest: Puget Sound Salmon Recovery Council
Name Megan Dunn
Title County Councilmember
County: Snohomish County
If elected o cial, your current term December 31 2023 ends?
Have you contacted the Board or Yes Commission of interest or visited their website to review the meeting schedule and to determine if you are able to meet their requirements?
As an appointee or nominee of WSAC, Yes you will represent the interests and positions of the Association and act in the best interests of all counties. You may be required to report back to the WSAC Board verbally or in writing, upon request, about activities and decisions of the Board or Commission on which you serve. Do you agree to these responsibilities?
Statement of Interest:
I would be proud to represent Snohomish County on the Puget Sound Salmon Recovery Council. I bring a 20-year professional work and volunteer background focusing on sustainability while improving lives for working families and communities through thoughtful policy change. As an environmental health advocate, I spent my career collaborating with community members to address complex issues facing Snohomish County. Most recently, I served as the Healthy People and Communities Program Director with the Northwest Center for Alternatives to Pesticides, where I led efforts to help protect communities from harmful pesticides and other systemic chemicals which impact salmon recovery. As a life-long advocate for protecting our environment, I am dedicated to ensuring that all of our communities (and sh!) have access to clean air to breathe, fresh water to drink, and clean soil for our agricultural needs.
1
WSAC Board of Directors February 3, 2021 Page 41 of 136 I would bring my expertise in environmental policy work and community health to this subject area. I earned a bachelor’s degree in Biology-Geology from University of Rochester and a Master of Arts in Policy Studies from University of Washington-Bothell. Please contact me regarding any questions on this application.
2
WSAC Board of Directors February 3, 2021 Page 42 of 136 Member Nomination Form
Position of Interest: Puget Sound Salmon Recovery Council
Name Jani Hitchen
Title Councilmember
County: Pierce County
If elected o cial, your current term December 31 2025 ends?
Have you contacted the Board or Yes Commission of interest or visited their website to review the meeting schedule and to determine if you are able to meet their requirements?
As an appointee or nominee of WSAC, Yes you will represent the interests and positions of the Association and act in the best interests of all counties. You may be required to report back to the WSAC Board verbally or in writing, upon request, about activities and decisions of the Board or Commission on which you serve. Do you agree to these responsibilities?
Statement of Interest: I am a high school science teacher that majored in biology and have taught science (biology, physics, chemistry, & earth science) for over 13 years, and before that STEM type courses to middle school students. I believe my ability to take in science and data, and then formulate questions to help the community at large understand things would be an asset. In addition I am on the Executive Board for the Alliance for a Healthy Sound so it seemed like a nice t to work with the needs of my county and the region.
I did check the dates, and because I was not on this when my calendar was set up for early February, I will have some con icts, but can attend most meetings and can jump easily from one to another.
Thank you for considering me.
WSAC Board of Directors February 3, 2021 Page 43 of 136 Member Nomination Form
Position of Interest: Affordable Housing Advisory Board
Name LaDon Linde
Title County Commissioner
County: Yakima County
If elected o cial, your current term December 31 2021 ends?
Have you contacted the Board or Yes Commission of interest or visited their website to review the meeting schedule and to determine if you are able to meet their requirements?
As an appointee or nominee of WSAC, Yes you will represent the interests and positions of the Association and act in the best interests of all counties. You may be required to report back to the WSAC Board verbally or in writing, upon request, about activities and decisions of the Board or Commission on which you serve. Do you agree to these responsibilities?
Statement of Interest: I currently sit on our county's homeless coalition board. I also have an interest in affordable housing and home ownership for as many of our residents as possible.
WSAC Board of Directors February 3, 2021 Page 44 of 136 Member Nomination Form
Position of Interest: State Board of Health
Name Marty Campbell
Title Councilmember
County: Pierce County
If elected o cial, your current term December 31 2022 ends?
Have you contacted the Board or Yes Commission of interest or visited their website to review the meeting schedule and to determine if you are able to meet their requirements?
As an appointee or nominee of WSAC, Yes you will represent the interests and positions of the Association and act in the best interests of all counties. You may be required to report back to the WSAC Board verbally or in writing, upon request, about activities and decisions of the Board or Commission on which you serve. Do you agree to these responsibilities?
Statement of Interest: Thank you for considering my application. Addressing health disparities is a passion of mine.
I rst served on the Tacoma-Pierce County Board of Health as a Tacoma City Council Member from 2012-2018. I returned to the board of TPCHD in 2019 as a representative of the Pierce County Council and am currently a member.
As a board member, I became deeply engaged in our work around health disparities. When we consider health disparities, the communities I represent have some of the most challenging outcomes. I know residents in my neighborhood are likely to live 8-12 years less than residents who live on the other side of town. Building on many of the key innovations of the TPCHD, I worked to implement actionable policies in our community to address health disparities.
My district is the most diverse Council District in Pierce County. While, I live in an urban neighborhood, the district I serve is also half rural. Additionally, I was raised on small farm in rural Nebraska and have an appreciation for the disparities and challenges facing many of our rural communities. My experience includes serving as a Community Manager for Salishan, a Hope Six mixed income community, overseen by Tacoma Housing Authority. Part of my job was to implement some of the polices enacted to address Health Disparities.
1
WSAC Board of Directors February 3, 2021 Page 45 of 136 As a member of the State Board of Health, I will bring an experienced voice to the conversation of Public Health.
2
WSAC Board of Directors February 3, 2021 Page 46 of 136 Member Nomination Form
Position of Interest: State Board of Health
Name Temple Lentz
Title Councilor
County: Clark County
If elected o cial, your current term December 31 2022 ends?
Have you contacted the Board or Yes Commission of interest or visited their website to review the meeting schedule and to determine if you are able to meet their requirements?
As an appointee or nominee of WSAC, Yes you will represent the interests and positions of the Association and act in the best interests of all counties. You may be required to report back to the WSAC Board verbally or in writing, upon request, about activities and decisions of the Board or Commission on which you serve. Do you agree to these responsibilities?
Statement of Interest: As a local elected o cial and member of our local Board of Health, I understand local perspectives and the dynamics of local boards of health and the relationship of public health with its community. Public health is driven by local relationships and trust. Understanding the hard work of our public health professionals and having experience navigating local relationships as well as state relationships, I can bring this perspective to the board. Though I do not myself have personal experience in public health, improving health outcomes and public health delivery of service is a priority for me in my service to the county.
Additionally, I serve on the NACo Health subcommittee, and can bring that engagement with national county policy work to the conversation.
WSAC Board of Directors February 3, 2021 Page 47 of 136 Member Nomination Form
Position of Interest: State Board of Health
Name Amanda McKinney
Title County Commissioner
County: Yakima County
If elected o cial, your current term December 31 2024 ends?
Have you contacted the Board or Yes Commission of interest or visited their website to review the meeting schedule and to determine if you are able to meet their requirements?
As an appointee or nominee of WSAC, Yes you will represent the interests and positions of the Association and act in the best interests of all counties. You may be required to report back to the WSAC Board verbally or in writing, upon request, about activities and decisions of the Board or Commission on which you serve. Do you agree to these responsibilities?
Statement of Interest: ATTN: WSAC Nomination CMTE RE: State Board of Health WSAC Member Position
This past November I was elected at 42 with no previous political experience to ll the role of Yakima County Commissioner, District 1. My entire campaign was centered on transparency, ease of access, communication and hope for the future. Though my message was initially directed towards local government operations, my attention quickly turned to the statewide mandates Governor Inslee made without offering the opportunity for input and genuine consideration at the local level.
Our rural communities are vastly different from the busy streets of large cities. We have urban areas surrounded by the most impoverished members of our state. Our residents are more densely essential and disproportionately impacted by COVID19. These voices need a place at the table. Gangs. Drugs. Crime. No school. No daycare. Job loss. No chance for remote Zoom meetings. Rent eventually will be due. Homeless families. Real problems that need real attention and acknowledgment.
The failure at the state level to include leadership from local elected officials has resulted in a statewide lack of trust in our reopening plan and now, our vaccination efforts. I will bring to this board the perspective of rural Washingtonians, who know that can-do attitudes and partnerships built on trust
1
WSAC Board of Directors February 3, 2021 Page 48 of 136 win the day. Every day. I will encourage the State Board of Health to actively involve partnerships with local leadership when making plans for sweeping changes which impact every Washingtonian. Our frontline leadership must not be seen as purely reactive in the eyes of our residents, but seen as trusted partners in the plan to safely usher them through this pandemic. Partners.
I believe this issue in non-partisan. I stand resolute in my commitment to represent every county in their need to have a voice of reason and common sense at the table for inclusion and diversity of voices being represented in the making of policies and plans vital to our Public Health.
With great respect,
Amanda McKinney Commissioner District 1 Board of Yakima County Commissioners 509-424-0043 www.Facebook.com/CommissionerAmandaMcKinney www.yakimacounty.us This email is subject to disclosure as a public record under the Public Records Act, RCW Chapter 42.56
“The preservation of the sacred fire of liberty, and the destiny of the republican model of government, are justly considered deeply, perhaps as finally, staked on the experiment entrusted to the hands of the American people.” – George Washington
2
WSAC Board of Directors February 3, 2021 Page 49 of 136 Member Nomination Form
Position of Interest: State Board of Health
Name Lindsey Pollock
Title Commissioner
County: Lewis County
If elected o cial, your current term December 31 2024 ends?
Have you contacted the Board or Yes Commission of interest or visited their website to review the meeting schedule and to determine if you are able to meet their requirements?
As an appointee or nominee of WSAC, Yes you will represent the interests and positions of the Association and act in the best interests of all counties. You may be required to report back to the WSAC Board verbally or in writing, upon request, about activities and decisions of the Board or Commission on which you serve. Do you agree to these responsibilities?
Statement of Interest: Public Health has been recently pushed to the forefront of everyone's mind in light of the CoViD-19 pandemic. As a practicing veterinarian for 21 years, I understand the health interlink of population density, food, water, waste-handling, and environment. I am USDA-accredited, meaning I keep up-to-date on how to recognize emerging infectious diseases and important regional/geopolitical health concerns. I also have experience communicating complex medical information to laypeople. I run a successful small business and understand the economic links to health.
WSAC Board of Directors February 3, 2021 Page 50 of 136 Member Nomination Form
Position of Interest: State Board of Health
Name Gregory Tompkins
Title Commissioner
County: Walla Walla County
If elected o cial, your current term December 31 2022 ends?
Have you contacted the Board or Yes Commission of interest or visited their website to review the meeting schedule and to determine if you are able to meet their requirements?
As an appointee or nominee of WSAC, Yes you will represent the interests and positions of the Association and act in the best interests of all counties. You may be required to report back to the WSAC Board verbally or in writing, upon request, about activities and decisions of the Board or Commission on which you serve. Do you agree to these responsibilities?
Statement of Interest:
I am interested in the State Board of Health because I believe I can bring a perspective that may not always be involved in the decision-making process at the State level. I believe having been a Walla Walla County Commissioner for 14 years and seeing the ebb and ow of local health departments from joint City-County Health departments, to County Health Departments and now the thought of regionalization of health districts my insight would be a chance to help vet the pros and cons of changes and what impact they have on local jurisdictions. I welcome the chance to help the shape of the future of Public Health and deliver service in the best way for the residents of different Counties with varied needs.
WSAC Board of Directors February 3, 2021 Page 51 of 136 Member Nomination Form
Position of Interest: Community Economic Revitalization Board
Name Karen Bowerman
Title Councilor
County: Clark County
If elected o cial, your current term December 31 2024 ends?
Have you contacted the Board or Yes Commission of interest or visited their website to review the meeting schedule and to determine if you are able to meet their requirements?
As an appointee or nominee of WSAC, Yes you will represent the interests and positions of the Association and act in the best interests of all counties. You may be required to report back to the WSAC Board verbally or in writing, upon request, about activities and decisions of the Board or Commission on which you serve. Do you agree to these responsibilities?
Statement of Interest: As a former Dean of Business & Public Administration (California State University, San Bernardino) before coming into this elected role, I had extensive experience with economic development both through the university and in conjunction with boards on which I served as a university rep.
WSAC Board of Directors February 3, 2021 Page 52 of 136 Member Nomination Form
Position of Interest: Community Economic Revitalization Board
Name Jim Nelson
Title County Commissioner
County: Gar eld County
If elected o cial, your current term December 31 2024 ends?
Have you contacted the Board or Yes Commission of interest or visited their website to review the meeting schedule and to determine if you are able to meet their requirements?
As an appointee or nominee of WSAC, Yes you will represent the interests and positions of the Association and act in the best interests of all counties. You may be required to report back to the WSAC Board verbally or in writing, upon request, about activities and decisions of the Board or Commission on which you serve. Do you agree to these responsibilities?
Statement of Interest: I am a newly elected County Commissioner. I am interested in working with our local SEWEDA personnel and others to pursue any potential economic development opportunities for our local rural County. I bring a long career in public service to the table and am retired from my long-term career so I have ample time to devote to these interests.
WSAC Board of Directors February 3, 2021 Page 53 of 136 Member Nomination Form
Position of Interest: Community Economic Revitalization Board
Name Kevin Shutty
Title Commissioner
County: Mason County
If elected o cial, your current term December 31 2024 ends?
Have you contacted the Board or Yes Commission of interest or visited their website to review the meeting schedule and to determine if you are able to meet their requirements?
As an appointee or nominee of WSAC, Yes you will represent the interests and positions of the Association and act in the best interests of all counties. You may be required to report back to the WSAC Board verbally or in writing, upon request, about activities and decisions of the Board or Commission on which you serve. Do you agree to these responsibilities?
Statement of Interest: A growing, diverse economy is a hallmark of thriving communities. The work of community and economic development is even more critical now as our state continues to combat and recover from the COVID-19 pandemic. I am eager to be part of that recovery effort both at home in Mason County and across the state.
I believe I can bring an important perspective to the decision-making process as I represent a community that is rural and dominated by natural resources and recreation but also nestled next to urban centers in Pierce, Thurston and Kitsap counties. This encourages us to be forward thinking in how we grow our economy and invest in infrastructure in a way that preserves our great environmental assets. In Mason County, I have worked to build infrastructure projects such as the Belfair sewer extension, SR 3 Freight Corrido project as well as critical sh passage barrier removal efforts across the county. These projects help us compete regionally for jobs and opportunity for our residents.
Prior to serving on the Mason County Board of Commissioners, I worked for the Washington State House of Representatives and served on our local Planning Advisory Commission. I hold a B.S. Ed. in Secondary Education and a M.P.S. in Community and Economic Development, both from Penn State University and I am currently in the Public Leadership Credential program at the Harvard Kennedy School of Government. I have worked locally, regionally and with partners at the state level as a member of the State Building Code Council until my term expired in January. I believe my background
1
WSAC Board of Directors February 3, 2021 Page 54 of 136 lends itself to the work being done by the Board, and look forward to having an opportunity to serve our state in this new capacity.
2
WSAC Board of Directors February 3, 2021 Page 55 of 136 Member Nomination Form
Position of Interest: Community Economic Revitalization Board
Name Satpal Sidhu
Title County Executive
County: Whatcom County
If elected o cial, your current term January 10 2024 ends?
Have you contacted the Board or Yes Commission of interest or visited their website to review the meeting schedule and to determine if you are able to meet their requirements?
As an appointee or nominee of WSAC, Yes you will represent the interests and positions of the Association and act in the best interests of all counties. You may be required to report back to the WSAC Board verbally or in writing, upon request, about activities and decisions of the Board or Commission on which you serve. Do you agree to these responsibilities?
Statement of Interest: I have been working with our Economic Development Investment Board and the regional Economic partnership since 2015 and have learned how the CREB bonds can play a vital role in economic development of rural counties like Whatcom. I know the previous Whatcom County Administration has not availed this facility for past decade or more. I would like to take active role and work with rural counties to use these funds for large infrastructure projects. Whatcom County needs such funding to develop Cherry Point Industrial area. I have worked as senior business executive and have direct experience in nancing of large private projects, where such bonds have been critical to bring projects to fruition.
WSAC Board of Directors February 3, 2021 Page 56 of 136 Member Nomination Form
Position of Interest: Community Economic Revitalization Board
Name Mark Stedman
Title Commissioner
County: Lincoln County
If elected o cial, your current term December 31 2024 ends?
Have you contacted the Board or Yes Commission of interest or visited their website to review the meeting schedule and to determine if you are able to meet their requirements?
As an appointee or nominee of WSAC, Yes you will represent the interests and positions of the Association and act in the best interests of all counties. You may be required to report back to the WSAC Board verbally or in writing, upon request, about activities and decisions of the Board or Commission on which you serve. Do you agree to these responsibilities?
Statement of Interest: CERB interests me because its water and broadband infrastructure initiatives. I am a Columbia Basin Development League member and past chair. CBDL has been an advocate for sustainable water supply and infrastructure in the Columbia Basin since 1964. I am interested in the efforts to help rural Washington citizen gain broadband access to the world. We need the access for fair economic and educational opportunities with urban communities. As a rural resident and retired educator, improving greater access to water supply and broadband levels the playing eld for rural citizens.
WSAC Board of Directors February 3, 2021 Page 57 of 136 COUNTY ROAD ADMINISTRATION BOARD
COUNTY COMMISSIONERS/ COUNTY ENGINEERS COUNCIL MEMBERS
1965: Harry Sprinker, Pierce Emil Barcklay, Pend Oreille Lee Crossen, Yakima John Arrasmith, Spokane Frank Guest, Island Cecil Kinder, Clark M. O. “Bud” Olsen, Lincoln John Pearseall, Grays Harbor Jack Abrams, Okanogan
1966: Jack Abrams, Okanogan Emil Barcklay, Pend Oreille Lee Crossen, Yakima Cecil Kinder, Clark Frank Guest, Island John Arrasmith, Spokane M. O. "Bud" Olsen, Lincoln John Pearsall, Grays Harbor Harry Sprinker, Pierce, Chair
1967: Jack Abrams, Okanogan Emil Barcklay, Pend Oreille Lee Crossen, Yakima Cecil Kinder, Clark Frank Guest, Island John Arrasmith, Spokane M. O. "Bud" Olsen, Lincoln John Pearsall, Grays Harbor Harry Sprinkler, Pierce, Chair
1968: Harry Sprinkler, Pierce John Arrasmith, Spokane Jack Abrams, Okanogan Emil Barcklay, Pend Oreille Angus McDonald, Yakima Cecil Kinder, Clark Frank Guest, Island Don West, Chelan M.O. “Bud” Olsen, Lincoln
1969: Frank Guest, Island Harry Martin, Snohomish George Huntingford, Jefferson Donald West, Chelan Angus McDonald, Yakima Mitt Sanstrom, San Juan Wes P. Brown, Benton Wallace Ramsdell, Pierce Lloyd Farmer, Douglas
1970: Wes Brown, Benton Harry Martin, Snohomish Lloyd Farmer, Douglas Jack Norelius, Skamania Thomas Forsythe, King Donald West, Chelan George Huntingford, Jefferson Lee Strand, Stevens Angus McDonald, Yakima
WSAC Board of Directors February 3, 2021 Page 58 of 136 COUNTY COMMISSIONERS/ COUNTY ENGINEERS COUNCIL MEMBERS
1971: Wes Brown, Benton Peter Hemstead, Grant Lloyd Farmer, Douglas Gary Gasaway, Columbia Thomas Forsythe, King Harry Martin, Snohomish Russell Hawkins, San Juan Lee Strand, Stevens Angus McDonald, Yakima
1972: Thomas Forsythe, King Harry Martin, Snohomish Lee Strand, Stevens Gary Gasaway, Columbia Russell Hawkins, San Juan Peter Hemstead, Grant Martin Auseth, Mason E. W. "Bill" Parsons, Spokane Wes Brown, Benton
1973: Don Whitmill, San Juan Peder Hemstead, Grant Bill Parsons, Spokane Harry D. Martin, Snohomish Martin Auseth, Mason Gary Gasaway, Columbia Lee Strand, Stevens Thomas Forsythe, King Wes Brown, Benton
1974: Don Whitmill, San Juan Gary Gasaway, Columbia Bill Parsons, Spokane Harry D. Martin, Snohomish Martin Auseth, Mason Lloyd Johnson, Skagit Lee Strand, Stevens R. A. "Omar" Youmans, Grays Harbor Thomas Forsythe, King
1975: Don Whitmill, San Juan Glen Oliver, Lincoln Lenore Lambert, Yakima Lloyd Johnson, Skagit Terry Unger, Whatcom Harry Martin, Snohomish Lee Strand, Stevens R. A. "Omar" Youmans, Grays Harbor Thomas Forsythe, King
1976: Don Whitmill, San Juan Glen Oliver, Lincoln Lenore Lambert, Yakima Jan Rosholt, Clark George Sheridan, Pierce Lloyd Johnson, Skagit Harry Wegner, Whitman R. A. "Omar" Youmans, Grays Harbor Terry Unger, Whatcom
COUNTY COMMISSIONERS/ COUNTY ENGINEERS COUNCIL MEMBERS
WSAC Board of Directors February 3, 2021 Page 59 of 136
1977: Jack Peek, Wahkiakum Jan Rosholt, Clark Ray Christensen, Spokane John Trent, Pacific Jim Rogers, Franklin Glen Oliver, Lincoln Terry Unger, Whatcom Pat Gallagher, Pierce Harry Wegner, Whitman
1978: Jack Peek, Wahkiakum Glen Oliver, Lincoln Ray Christensen, Spokane Jan Rosholt, Clark Harold Cooper, Lewis John Trent, Pacific Pat Gallagher, Pierce Jim Rogers, Franklin Harry Wegner, Whitman
1979: Jack Peek, Wahkiakum Glen Oliver, Lincoln Harold Cooper, Lewis John Trent, Pacific Pat Gallagher, Pierce Jerry Weed, Snohomish Roy Lumaco, Kittitas Ray Christensen, Spokane Jim Rogers, Franklin
1980: Jack Peek, Wahkiakum Glen Oliver, Lincoln Harold Cooper, Lewis Gene Sampley, Skagit Pat Gallagher, Pierce Jerry Weed, Snohomish Harmon Johnson, Walla Walla Roy Lumaco, Kittitas Ray Christensen, Spokane
1981: Jack Peek, Wahkiakum Herb Pease, Pend Oreille Harold Cooper, Lewis Gene Sampley, Skagit Jake Bujacich, Pierce Jerry Weed, Snohomish Chuck Klarich, Yakima Roy Lumaco, Kittitas Harmon Johnson, Walla Walla
1982: Jack Peek, Wahkiakum Herb Pease, Pend Oreille Harold Cooper, Lewis Gene Sampley, Skagit Roy Lumaco, Kittitas Jerry Fay, Clark Harmon Johnson, Walla Walla Jake Bujacich, Pierce Chuck Klarich, Yakima
WSAC Board of Directors February 3, 2021 Page 60 of 136 COUNTY COMMISSIONERS/ COUNTY ENGINEERS COUNCIL MEMBERS
1983: Andy Rustemeyer, Lincoln Herb Pease, Pend Oreille Harold Cooper, Lewis Al Williams, Thurston Roy Lumaco, Kittitas Jerry Fay, Clark Harmon Johnson, Walla Walla Jake Bujacich, Pierce Chuck Klarich, Yakima
1984: Jack Bujacich, Pierce Jerry Fay, Clark Harmon Johnson, Walla Walla Herbert Pease, Pend Oreille Roy Lumaco, Kittitas Al Williams, Thurston Annette McGee, Mason Andy Rustemeyer, Lincoln Chuck Klarich, Yakima
1985: Jack Bujacich, Pierce George Stillman, Clark Harmon Johnson, Walla Walla Herbert Pease, Pend Oreille Bruce Whitemarsh, Franklin Al Williams, Thurston Annette McGee, Mason Andy Rustemeyer, Lincoln Chuck Klarich, Yakima
1986: Jack Bujacich, Pierce George Stillman, Clark Don Sorenson, Kittitas Al Williams, Thurston Bruce Whitemarsh, Franklin Marv Carroll, Whitman Andy Rustemeyer, Lincoln Chuck Klarich, Yakima Annette McGee, Mason
1987: W.H. "Bill" Mahan, Kitsap George Stillman, Clark Don Sorenson, Kittitas Marvin Carroll, Whitman Bruce Whitemarsh, Franklin Gary Gasaway, Columbia Brian Corcoran, Snohomish Annette McGee, Mason Andy Rustemeyer, Lincoln
1988: W.H. "Bill" Mahan, Kitsap Lou Haff, King Don Sorenson, Kittitas Marvin Carroll, Whitman Bruce Whitemarsh, Franklin Gary Gasaway, Columbia Don Britton, Snohomish Annette McGee, Mason Andy Rustemeyer, Lincoln
WSAC Board of Directors February 3, 2021 Page 61 of 136 COUNTY COMMISSIONERS/ COUNTY ENGINEERS COUNCIL MEMBERS
1989: Jay Weber, Douglas Lloyd Berry, Chelan Richard Maruhn, Cowlitz Lou Haff, King Charles Gorden, Pierce Gary Gasaway, Columbia Douglas Corliss, San Juan Annette McGee, Mason Graham Tollefson, Yakima
1990: Jay Weber, Douglas Lloyd Berry, Chelan Richard Maruhn, Cowlitz Lou Haff, King Gordon Koetje, Island Gary Gasaway, Columbia Marie Bremner, Ferry Bill Stoner, Pierce Graham Tollefson, Yakima
1991: Jay Weber, Douglas Lloyd Berry, Chelan Richard Maruhn, Cowlitz Jay Armstrong, Thurston Gordon Koetje, Island Gary Gasaway, Columbia Marie Bremner, Ferry Bill Stoner, Pierce Graham Tollefson, Yakima
1992: Bill Stoner, Pierce Steve Stanton, Walla Walla Win Granlund, Kitsap Jay Armstrong, Thurston Gordon Koetje, Island Gary Gasaway, Columbia Marie Bremner, Ferry Jay Winter, Lewis Jay Weber, Douglas
1993: Jay Weber, Douglas Jay Armstrong, Thurston Bill Stoner, Pierce Steve Stanton, Walla Walla Marie Bremner, Ferry Ron Loewen, San Juan Robby Robinson, Skagit Win Granlund, Kitsap Mary Seubert, Kittitas
1994: Marie Bremner, Ferry Steve Stanton, Walla Walla Robby Robinson, Skagit Ron Loewen, San Juan Win Granlund, Kitsap Jay Armstrong, Thurston Mary Seubert, Kittitas Jay Weber, Douglas John Magnano, Clark
WSAC Board of Directors February 3, 2021 Page 62 of 136 COUNTY COMMISSIONERS/ COUNTY ENGINEERS COUNCIL MEMBERS
1995: Win Granlund, Kitsap Steve Stanton, Walla Walla Mary Seubert, Kittitas Ron Loewen, San Juan Jay Weber, Douglas Jay Armstrong, Thurston John Magnano, Clark Harvey Wolden, Skagit Gary Kohler, Ferry
1996: Robert Imhof, Whatcom Steve Stanton, Walla Walla Mary Seubert, Kittitas Walt Olsen, Pend Oreille Jay Weber, Douglas Jack Bilsborough, Snohomish Ken Madsen, Pierce Harvey Wolden, Skagit Gary Kohler, Ferry
1997: Robert Imhof, Whatcom Steve Stanton, Walla Walla Mary Seubert, Kittitas Walt Olsen, Pend Oreille Jay Weber, Douglas Jack Bilsborough, Snohomish Harold Moss, Pierce Harvey Wolden, Skagit Gary Kohler, Ferry
1998: Robert Imhof, Whatcom Steve Stanton, Walla Walla Mary Seubert, Kittitas Walt Olsen, Pend Oreille Don Scheibe, Asotin Jack Bilsborough, Snohomish Harold Moss, Pierce Harvey Wolden, Skagit Gary Kohler, Ferry
1999: Robert Imhof, Whatcom Ken Stone, Cowlitz Tim Snead, Grant Walt Olsen, Pend Oreille Don Scheibe, Asotin Jack Bilsborough, Snohomish Harold Moss, Pierce Harvey Wolden, Skagit Gary Kohler, Ferry
2000: Robert Imhof, Whatcom Ken Stone, Cowlitz Tim Snead, Grant Walt Olsen, Pend Oreille Don Scheibe, Asotin Randy Casteel, Kitsap Harold Moss, Pierce Harvey Wolden, Skagit Gary Kohler, Ferry
WSAC Board of Directors February 3, 2021 Page 63 of 136 COUNTY COMMISSIONERS/ COUNTY ENGINEERS COUNCIL MEMBERS
2001: Robert Imhof, Whatcom Ken Stone, Cowlitz Tim Snead, Grant Robert Breshears, Lincoln Don Scheibe, Asotin Randy Casteel, Kitsap Harold Moss, Pierce David Carey, Walla Walla Dean Burton, Garfield
2002: Judie Stanton, Clark Ken Stone, Cowlitz Tim Snead, Grant Robert Breshears, Lincoln Don Scheibe, Asotin Randy Casteel, Kitsap Harold Moss, Pierce David Carey, Walla Walla Dean Burton, Garfield
2003: Judie Stanton, Clark Jim Whitbread, Stevens Tim Snead, Grant Robert Breshears, Lincoln Don Scheibe, Asotin Randy Casteel, Kitsap Harold Moss, Pierce David Carey, Walla Walla Dean Burton, Garfield
2004: Patty Lent, Kitsap Thomas Ballard, Pierce Judie Stanton, Clark Jim Whitbread, Stevens Tim Snead, Grant Robert Breshears, Lincoln Don Scheibe, Asotin Brian Stacy, Pierce David Carey, Walla Walla Dean Burton, Garfield
2005: Dean Burton, Garfield Jim Whitbread, Stevens David Carey, Walla Walla Robert Breshears, Lincoln Patty Lent, Kitsap Tod LeFevre, Skamania Greg Partch, Whitman Brian Stacy, Pierce Ray Thayer, Klickitat Marc Boldt, Clark
2006: Dean Burton, Garfield Jim Whitbread, Stevens David Carey, Walla Walla Tod LeFevre, Skamania Patty Lent, Kitsap Brian Stacy, Pierce Ray Thayer, Klickitat Marc Boldt, Clark Doug Mattoon, Asotin
COUNTY COMMISSIONERS/ COUNTY ENGINEERS
WSAC Board of Directors February 3, 2021 Page 64 of 136 COUNCIL MEMBERS
2007: Dean Burton, Garfield Jim Whitbread, Stevens David Carey, Walla Walla Tod LeFevre, Skamania John Koster, Snohomish Brian Stacy, Pierce Ray Thayer, Klickitat Drew Woods, Columbia Marc Boldt, Clark Doug Mattoon, Asotin
2008: Dean Burton, Garfield Jim Whitbread, Stevens David Carey, Walla Walla Brian Stacy, Pierce John Koster, Snohomish Drew Woods, Columbia Ray Thayer, Klickitat Marc Boldt, Clark Doug Mattoon, Asotin
2009: Dean Burton, Garfield Jim Whitbread, Stevens David Carey, Walla Walla Brian Stacy, Pierce John Koster, Snohomish Drew Woods, Columbia Ray Thayer, Klickitat Marc Boldt, Clark Doug Mattoon, Asotin Dale Snyder, Douglas
2010: Dean Burton, Garfield Jim Whitbread, Stevens John Koster, Snohomish Brian Stacy, Pierce Ray Thayer, Klickitat Drew Woods, Columbia Marc Boldt, Clark Doug Mattoon, Asotin Dale Snyder, Douglas
2011: Dean Burton, Garfield Brian Stacy, Pierce John Koster, Snohomish Drew Woods, Columbia Ray Thayer, Klickitat Derek Pohle, Grant Dale Snyder, Douglas Bob Koch, Franklin Mike Leita, Yakima
2012: Dean Burton, Garfield Brian Stacy, Pierce John Koster, Snohomish Drew Woods, Columbia Ray Thayer, Klickitat Derek Pohle, Grant Dale Snyder, Douglas Bob Koch, Franklin Mike Leita, Yakima
WSAC Board of Directors February 3, 2021 Page 65 of 136 COUNTY COMMISSIONERS/ COUNTY ENGINEERS COUNCIL MEMBERS
2013: Dean Burton, Garfield Brian Stacy, Pierce John Koster, Snohomish Drew Woods, Columbia Dale Snyder, Douglas Derek Pohle, Grant Bob Koch, Franklin Mark Storey, Whitman Mike Leita, Yakima Bill Schulte, Lewis Rob Coffman, Lincoln
2014: Dale Snyder, Douglas Brian Stacy, Pierce Bob Koch, Franklin Drew Woods, Columbia Todd Mielke, Spokane Mark Storey, Whitman Bill Schulte, Lewis Rob Coffman, Lincoln Ken Klein, Snohomish
2015: Dale Snyder, Douglas Brian Stacy, Pierce Bob Koch, Franklin Drew Woods, Columbia Todd Mielke, Spokane Mark Storey, Whitman Bill Schulte, Lewis Rob Coffman, Lincoln Ken Klein, Snohomish Lisa Janicki, Skagit Kathy Lambert, King
2016: Dale Snyder, Douglas Brian Stacy, Pierce Bob Koch, Franklin Drew Woods, Columbia Todd Mielke, Spokane Mark Storey, Whitman Bill Schulte, Lewis Rob Coffman, Lincoln Ken Klein, Snohomish Lisa Janicki, Skagit Kathy Lambert, King Al French, Spokane
2017: Bob Koch, Franklin Brian Stacy, Pierce Helen Price Johnson, Island Drew Woods, Columbia Rob Coffman, Lincoln Mark Storey, Whitman Lisa Janicki, Skagit Kathy Lambert, King Al French, Spokane
2018: Bob Koch, Franklin Brian Stacy, Pierce Helen Price Johnson, Island Drew Woods, Columbia
WSAC Board of Directors February 3, 2021 Page 66 of 136 Rob Coffman, Lincoln Mark Storey, Whitman Lisa Janicki, Skagit Kathy Lambert, King Al French, Spokane
2019: Bob Koch, Franklin Brian Stacy, Pierce Randy Ross, Grays Harbor Grant Morgan, Garfield Rob Coffman, Lincoln Mark Storey, Whitman Lisa Janicki, Skagit Kathy Lambert, King Al French, Spokane
2019: Bob Koch, Franklin Brian Stacy, Pierce Randy Ross, Grays Harbor Grant Morgan, Garfield Rob Coffman, Lincoln Mark Storey, Whitman Lisa Janicki, Skagit Kathy Lambert, King Al French, Spokane
2020: Bob Koch, Franklin Brian Stacy, Pierce Randy Ross, Grays Harbor Grant Morgan, Garfield Rob Coffman, Lincoln Mark Storey, Whitman Lisa Janicki, Skagit Kathy Lambert, King Al French, Spokane
2021: Brad Peck, Franklin Brian Stacy, Pierce Rob Coffman, Lincoln Grant Morgan, Garfield Lisa Janicki, Skagit Mark Storey, Whitman Kathy Lambert, King Al French, Spokane
WSAC Board of Directors February 3, 2021 Page 67 of 136 Resolution 2021-03
WHEREAS, the Washington State Association of Counties’ Board of Directors is charged with making recommendations and/or appointments to numerous Washington State boards, commissions, and committees, and
WHEREAS, it is vital that county governments’ interests are fully represented on statewide boards, commissions and committees; and
WHEREAS, there are a vacancy on the County Road Administration Board 30,000 - 150,000 population; and
WHEREAS, the following County Commissioners, Councilmembers, and Councilors have sought nomination for this vacancy:
Melanie Bacon, Island County Commissioner Gary Stamper, Lewis County Commissioner Danny Stone, Grant County Commissioner
NOW THEREFORE, BE IT RESOLVED, that the Washington State Association of Counties’ Board of Directors appoints the following WSAC member to the County Road Administration 30,000 - 150,000 pop seat:
BE IT FURTHER RESOLVED, that WSAC staff be directed to immediately transmit the appointee’s name to the County Road Administration Board; and
BE IT FURTHER RESOLVED, that WSAC staff is directed to contact the appointee(s) of their selection; and
BE IT FURTHER RESOLVED, that applicants not selected be notified and thanked for their commitment and interest in representing county government.
Approved by the Board of Directors of the Washington State Association of Counties on February 3, 2021.
Michael Largent, WSAC President Mary Kuney, WSAC Second Vice President
WSAC Board of Directors February 3, 2021 Page 68 of 136 Resolution 2021-04
WHEREAS, the Washington State Association of Counties’ Board of Directors is charged with making recommendations and/or appointments to numerous Washington State boards, commissions, and committees, and
WHEREAS, it is vital that county governments’ interests are fully represented on statewide boards, commissions, and committees; and
WHEREAS, there is a vacancy on the Puget Sound Salmon Recovery Council; and
WHEREAS, the following County Commissioners, Councilmembers, Councilors, and Executives have sought appointment for this vacancy:
Melanie Bacon, Island County Commissioner Megan Dunn, Snohomish County Councilmember Jani Hitchen, Pierce County Councilmember
NOW THEREFORE, BE IT RESOLVED, that the Washington State Association of Counties’ Board of Directors appoints the following representative to the Puget Sound Salmon Recovery Council:
BE IT FURTHER RESOLVED, that WSAC staff be directed to immediately transmit the appointed representative’s name to the Puget Sound Leadership Council; and
BE IT FURTHER RESOLVED, that WSAC staff is directed to contact the appointed representative of their selection; and
BE IT FURTHER RESOLVED, that applicants not selected be notified and thanked for their commitment and interest in representing county government.
Approved by the Board of Directors of the Washington State Association of Counties on February 3, 2021.
Michael Largent, WSAC President Mary Kuney, WSAC Second Vice President
WSAC Board of Directors February 3, 2021 Page 69 of 136 Resolution 2021-05
WHEREAS, the Washington State Association of Counties’ Board of Directors is charged with making recommendations and/or appointments to numerous Washington State boards, commissions, and committees, and
WHEREAS, it is vital that county governments’ interests are fully represented on statewide boards, commissions and committees; and
WHEREAS, there is a vacancy on the Affordable Housing Advisory Board; and
WHEREAS, the following County Commissioners, Councilmembers, and Councilors have sought nomination for this vacancy:
LaDon Linde, Yakima County Commissioner
NOW THEREFORE, BE IT RESOLVED, that the Washington State Association of Counties’ Board of Directors nominates the following WSAC member(s) to the Affordable Housing Advisory Board:
BE IT FURTHER RESOLVED, that WSAC staff be directed to immediately transmit the nominee’s name(s) to the Office of the Governor of Washington State; and
BE IT FURTHER RESOLVED, that WSAC staff is directed to contact the nominees of their selection; and
BE IT FURTHER RESOLVED, that applicants not selected be notified and thanked for their commitment and interest in representing county government.
Approved by the Board of Directors of the Washington State Association of Counties on February 3, 2021.
Michael Largent, WSAC President Mary Kuney, WSAC Second Vice President
WSAC Board of Directors February 3, 2021 Page 70 of 136 Resolution 2021-06
WHEREAS, the Washington State Association of Counties’ Board of Directors is charged with making recommendations and/or appointments to numerous Washington State boards, commissions, and committees, and
WHEREAS, it is vital that county governments’ interests are fully represented on statewide boards, commissions and committees; and
WHEREAS, there is a vacancy on the State Board of Health; and
WHEREAS, the following County Commissioners, Councilmembers, and Councilors have sought nomination for this vacancy:
Marty Campbell, Pierce County Councilmember Temple Lentz, Clark County Councilor Amanda McKinney, Yakima County Commissioner Lindsey Pollock, Lewis County Commissioner Greg Tompkins, Walla Walla County Commissioner
NOW THEREFORE, BE IT RESOLVED, that the Washington State Association of Counties’ Board of Directors nominates the following WSAC member(s) to the State Board of Health:
BE IT FURTHER RESOLVED, that WSAC staff be directed to immediately transmit the nominee’s name(s) to the Office of the Governor of Washington State; and
BE IT FURTHER RESOLVED, that WSAC staff is directed to contact the nominees of their selection; and
BE IT FURTHER RESOLVED, that applicants not selected be notified and thanked for their commitment and interest in representing county government.
Approved by the Board of Directors of the Washington State Association of Counties on February 3, 2021.
Michael Largent, WSAC President Mary Kuney, WSAC Second Vice President
WSAC Board of Directors February 3, 2021 Page 71 of 136 Resolution 2021-07
WHEREAS, the Washington State Association of Counties’ Board of Directors is charged with making recommendations and/or appointments to numerous Washington State boards, commissions, and committees, and
WHEREAS, it is vital that county governments’ interests are fully represented on statewide boards, commissions and committees; and
WHEREAS, there is a vacancy on the Community Economic Revitalization Board; and
WHEREAS, the following County Commissioners, Councilmembers, and Councilors have sought nomination for this vacancy:
Karen Bowerman, Clark County Councilor Jim Nelson, Garfield County Commissioner Kevin Shutty, Mason County Commissioner Satpal Sidhu, Whatcom County Executive Mark Stedman, Lincoln County Commissioner
NOW THEREFORE, BE IT RESOLVED, that the Washington State Association of Counties’ Board of Directors nominates the following member(s) to the Community Economic Revitalization Board:
BE IT FURTHER RESOLVED, that WSAC staff be directed to immediately transmit the nominee’s name(s) to the Office of the Director of Commerce of Washington State; and
BE IT FURTHER RESOLVED, that WSAC staff is directed to contact the nominees of their selection; and
BE IT FURTHER RESOLVED, that applicants not selected be notified and thanked for their commitment and interest in representing county government.
Approved by the Board of Directors of the Washington State Association of Counties on February 3, 2021.
Michael Largent, WSAC President Mary Kuney, WSAC Second Vice President
WSAC Board of Directors February 3, 2021 Page 72 of 136 February 3, 2021
STAFF REPORTS
WSAC Board of Directors February 3, 2021 Page 73 of 136 February 3, 2021
TO: WSAC Board of Directors
FROM: Eric Johnson, Executive Director
SUBJECT: Executive Director Report
I will depart somewhat from my usual report that lists, describes, and discusses activities over the previous few months and provides you information about upcoming association activities. I believe you will get a good idea of those issues from other staff and program reports.
First, I need to express my personal and professional thanks to your Executive Committee:
• President Largent • 1st Vice President Stephens • 2nd Vice President Kuney • Immediate Past President Gelder
I also want to add Past President Hutsell to this list, who provided a steady influence on the Association this past year.
As I have explained in the past, I meet (virtually) with your Executive Committee every 2nd and 4th Tuesday at 8:00 a.m. I initiated these calls shortly after I became Executive Director in 2008 at the encouragement of then WSAC President Mary Hunt (Douglas County). Historically, these meetings last no more than 30 minutes.
Over the past year, the organization's issues, both in complexity AND volume, have driven these meetings to nearly an hour. During the early days of the COVID-19 pandemic, we were spending additional time reviewing the 2020 WSAC budget, and when we started early preparation for the 2021 WSAC budget, we began meeting weekly. For the first time in my tenure that I can recall, I asked the officers this last month for a special meeting to discuss critical issues facing the Association.
One of the constant underlying challenges of any Association is member management. While we are not always going to agree on everything, there are so many issues that bind us together. From where I sit, there is little doubt in my mind that the pandemic and COVID-19 has stressed the Association and strained member and county to county relations. It has shown a light on differences of opinions, viewpoints, values, and perspectives. This once in a generation emergency has also reinforced how valuable communicating and sharing information amongst your peers is.
While I don’t have “solutions” or a pathway forward, I want to encourage members to continue communicating with one another, especially those who do not share the same viewpoint. I would ask that you listen to what is being said – and not said. Reach out to understand your colleague’s perspectives. If you disagree, be respectful if they have given you something to think about. Say so. While we may be connected virtually, the challenges of maintaining open lines of communication remain.
I want to close with this. I carry an immense burden to assure WSAC is a relevant and vibrant organization. I have seen WSAC excel. When members come together, I have observed that they can learn from one another, focus on where there is an agreement, and take meaningful action as a collective body.
Thank you for your engagement with WSAC and your service to your communities.
WSAC Board of Directors February 3, 2021 Page 74 of 136 February 3, 2021
TO: WSAC Board of Directors
FROM: Eric Johnson, Executive Director
PREPARED BY: Bridget Lockling, Finance, and Administration Director
SUBJECT: Business and Finance Report
2020 Year-End Financial Report WSAC ended 2020 with a total cash position of $661,591. This is almost the same as the ending cash position of 2019. Of this amount, $200,000 is invested in eConnectDirect CDs. Investment earnings in 2020 were not as strong as 2019 due to lower interest rates. These investments yielded $10,273 in 2020, $18,026 in 2019, $6,116 in 2018 and $3,350 in 2017. The full 2020 financial report will be available for review at the May Board of Directors’ meeting in addition to the 1st quarter 2021 financial report.
2021 Dues The 2021 dues billings were sent out the 1st week of January. We’ve already received general dues payments from one-third of the counties.
Current tracking information is as follows: Dues General Dues – 33% collected (26 counties remaining) Transportation Dues – 26% collected (29 counties remaining) Public Lands Dues – 33% collected (26 counties remaining) Human Services Dues – 31% collected (27 counties remaining) Litigation & Communication Dues – 33% collected (26 counties remaining) Solid Waste Dues – 49% collected (20 counties remaining)
Special Assessments Coastal Counties Special Assessment – 7% collected (13 counties remaining)
F1 Public Disclosure Reports Staff will be preparing WSAC member public disclosure reports during the month of February. Look for F1 statements to be distributed via email sometime in March.
New Mileage Rates OFM has revised the POV Mileage Rate as of January 1, 2021. The new rate is $0.56 per mile. Please request a new travel reimbursement form from WSAC staff or refer to our Board of Directors webpage. Here is a link to the worksheet: WSAC Member Travel Reimbursement.
2021 Audit, Investment & Finance Committee According to the WSAC Bylaws, the Audit, Investment, and Finance Committee is set up to assist the Board of Directors in fulfilling its fiduciary, financial, investment, and compliance oversight responsibilities as defined in the Audit, Investment, and Finance Committee Charter. The committee consists of at least five active members of the Association. Additionally, the WSAC 1st Vice President and the 2nd Vice President are mandatory members with two-year terms. The remaining members serve a three-year term.
WSAC Board of Directors February 3, 2021 Page 75 of 136 For 2021, there are three appointments needed to cover expiring terms. There is a memo from the Audit, Investment & Finance Committee to nominate members to fill these appointments as follows.
San Juan County Commissioner Jamie Stephens WSAC 1st Vice President (per WSAC Policy) Spokane County Commissioner Mary Kuney WSAC 2nd Vice President (per WSAC Policy)
Skagit County Commissioner Ron Wesen Term Expires December 31, 2022
Walla Walla County Commissioner Todd Kimball Term Expires December 31, 2023 Kittitas County Commissioner Brett Wachsmith Term Expires December 31, 2023 Whatcom County Councilmember Rud Browne Term Expires December 31, 2023
Activity in 2021 includes a review of the updated comprehensive finance policy manual.
WSAC Board of Directors February 3, 2021 Page 76 of 136 February 3, 2021
TO: WSAC Board of Directors
FROM: Eric Johnson, Executive Director
PREPARED BY: Derek Anderson, Director, Communications & Member Services
SUBJECT: Communications and Member Services Division Report
Communications
ePublications WSAC continues to keep members informed of the changing guidance around COVID-19 through its biweekly newsletter. This resource continues to receive high engagement from subscribers, and WSAC is committed to continuing this publication for the foreseeable future. CMS staff continues to produce two other publications to keep WSAC members and stakeholders informed of county news – Friday Five and The Insider.
CMS staff recently launched a redesign of the Legislative Bulletin – a weekly publication sent every Friday to over 1,100 subscribers during the legislative session that provides updates on county-specific legislative activity in Olympia.
If you are not receiving these publications, please visit www.wsac.org to sign up.
Meetings & Events
Newly Elected Officials WSAC welcomed nearly 40 new members at its virtual Newly Elected Officials Training on December 8- 10, 2020. The modified training provided participants with opportunities to hear from current and former WSAC members and education on Open Public Meetings, Public Records, the role of the County Prosecutor, and County Budgets. WSAC is offering newly elected officials additional training opportunities over the next several months that build upon December's initial training. On January 28, participants learned more about the roles and responsibilities of the other independently elected offices within the county family. On February 4, participants will join more experienced WSAC members in an interactive session facilitated by Paul Dziedzic that will focus on championing an issue.
Virtual and In-Person Events As several WSAC affiliates prepare for upcoming conferences, staff continue to monitor restrictions on in-person gatherings. At this time, CMS staff supports the Washington State Association of County Auditors and the Association of County/City Information Systems with upcoming virtual events in February, March, and April.
Programs and Services
Business Partners WSAC is pleased to welcome several new members to its Business Partners Program, which now includes: Nationwide Retirement Solutions, Live Healthy, NACo Prescription Discount Card, Liberty Mutual Insurance, Cashvest by three+one, Cybersecurity Collaborative, Vector Payments, NextEra Energy, Waste Management, Republic Services, Washington Refuse, and Recycling Association,
WSAC Board of Directors February 3, 2021 Page 77 of 136 Washington Counties Insurance Fund, and the Association of Washington Cities Workers' Comp Retro Program.
Over the coming months, WSAC will host virtual opportunities for WSAC members and their staff to learn more about the services and solutions our partners have to offer.
County Development Institute of Washington WSAC staff, along with staff from the Washington Counties Risk Pool, worked with county volunteers to bring new life to the long-running Certified Public Official certification program. This unique 11-course program will provide in-depth training on topics ranging from the History of County Government and Public Records to Ethics in Public Service and Public Sector Personnel Management. All newly elected officials will have the opportunity to participate in our first learning cohort, scheduled to launch the week of February 8, 2021. Additional opportunities to earn the Certified Public Official certificate will be available Fall of 2021. WSAC and WCRP would like to thank the following committee members who helped develop this new training program:
Ron Anderson, Yakima County Commissioner Sam Castro, Grant County Public Works Director Tim Elsea, Skamania, County Engineer/Public Works Director Kym Foster, Grays Harbor County Clerk Karen Goens, Whatcom County Human Resource Manager Marie Guernsey, Pacific County Clerk of the Board John Hutchings, Thurston County Commissioner Bobby Jackson, Lewis County Commissioner Julie Kjorsvik, Kittitas County Clerk of the Board Darla McKay, Asotin County Auditor Matthew Rasmussen, Benton County Deputy County Administrator Rich Sill, Clallam County Administrator/HR Manager Lisa Young, Kittitas County Human Resource Director / Risk Manager
Appointments to Statewide Boards & Commissions
State Council on Aging Art Swannack, Whitman County Commissioner Technology Services Board Viggo Forde, Snohomish County CIO & Director of IT
WSAC Board of Directors February 3, 2021 Page 78 of 136 February 3, 2021
TO: WSAC Board of Directors
FROM: Eric Johnson, WSAC Executive Director
PREPARED BY: Mellani McAleenan, Government Relations Director
SUBJECT: Policy & Legislative Report
Policy and Legislative Relations – Mellani McAleenan
The WSAC membership approved the following legislative priorities proposed by the Legislative Steering Committee:
• Infrastructure o Fish Passage Barriers o Transportation/Road Maintenance and Funding o Broadband Access o Capital Investment • Environment o Growth Management Act o Climate Change o Water o Forest Maintenance o Solid Waste • Fiscal o Short-Term Recovery o Long-Term Change • Social Justice & Equity o Public Health o Medical Services Provided in Jail o Behavioral Health o Affordable Housing o Access to Judicial Equity – Public Defense Funding • Emergency Response and Recovery o OPMA/PRA o Coronavirus o Fire WSAC staff is working hard with legislators to advance these issues and several other issues that have arisen this legislative session. The promised deliberative, moderated pace allegedly necessitated by the pandemic and resulting remote session did not materialize. In the second week of session, WSAC staff testified or signed in with positions on almost 60 bills.
Much has been lost in the chance and unscheduled hallway and hearing room connections. Instead, we are left with phone calls and emails, making it all too easy for legislators to avoid uncomfortable conversations if they want to. On the bright side, however, the remote session makes it much easier for WSAC members to testify, and many have already done so.
WSAC Board of Directors February 3, 2021 Page 79 of 136 Members of the 2021 Legislative Steering Committee have been appointed, with Councilmember Derek Young and Commissioner Dan Sutton serving as co-chairs this year. The LSC is up and running for the 2021 session, meeting every Friday until the scheduled adjournment on April 25.
Public Health – Jaime Bodden
Administrative and Organizational • WSALPHO celebrated the end of 2020 by rolling out a new branded logo. This was an organizational strategic plan action item of 2020 as part of our larger goal of promoting WSALPHO and increasing awareness of the organization. o Looking for 2021, much of the public health efforts of WSALPHO were “paused” to dedicate attention to support local public health’s COVID-19 response. The new year continues the challenges to balance local pandemic response with larger organizational and public health needs such as workforce development, equity, and local board of health engagement. o Further, WSALPHO aims to build better awareness of local needs by implementing a survey to collect local training needs, assessment of current organizational practices, and prioritizing larger state issues. • In December 2020, WSALPHO held its general membership and board meeting. The board approved the 2021 budget, following the recommendation of keeping dues at the 2020 level and reducing non- critical expenses. • In early January, the WSALPHO and WSAC Executive Teams sent the new State Secretary of Health a letter outlining our frustration and concern over limited local input into recent public health decisions by the Governor. The letter stressed the importance of working as a system, leveraging local input to inform decisions, and consistent communication.
Coronavirus • On January 20, Washington State and the United States had its one-year anniversary of the pandemic. Since then, over 300,000 people in Washington have tested positive, of which over 4,000 have died. o In the past year, WSAC and WSALPHO have stayed persistent in securing funding for local governments to stop the spread of the virus, support local response and recovery efforts, and address logistical, communication, and implementation challenges with the state and the federal government. o Most recently, staff worked to secure bridge funding for counties that expended all previous relief funding to help cover local public health services and expand to cover early vaccination efforts. o Additionally, WSALPHO and WSAC staff will be working with the Office of Financial Management and the Department of Health in securing local funds from the most recent federal relief packages in the coming weeks. o Weekly updates to WSAC and affiliate members also continue, including recent updates on the state vaccine plan, an overview of the federal relief package, and updates from the Employment Security Department. • Vaccine: Rollout and distribution of vaccines remain a challenge. Availability of vaccine doses is the primary and most significant hurdle in implementing local vaccine plans. Additionally, delays in vaccine availability and use reporting have caused communication challenges between local, state, and healthcare partners. o Local health jurisdictions continue to work with their local emergency operations, medical providers, and healthcare partners to implement localized vaccine plans. This includes identifying priority populations, assisting in vaccine distribution, and coordinating vaccination sites like drive- through or mass vaccination events. • Funding: the end of 2020 also brought the passage of another federal relief package. This package included funding in several areas, including public health response funding. A requirement of this funding that WSALPHO worked with NACCHO (National Association of City and County Health Officials) to secure is that states must dedicate a portion of their relief funding to local public health work. o The federal package included the following for Washington State; $438 million for response efforts, including surveillance, contact tracing, and community mobilization. An additional $68 million for vaccine distribution and administration. WSALPHO will now work with the Department
WSAC Board of Directors February 3, 2021 Page 80 of 136 of Health to provide funding allocation recommendations to local health jurisdictions.
Foundational Public Health Services (FPHS) • WSALPHO and WSAC have remained engaged in the FPHS Steering Committee. The public health system FY 21-23 decision package was submitted to OFM in the fall of 2020. Funding priority areas continue to be the communicable disease, environmental public health, assessment and surveillance infrastructure, and emergency response. o Within the decision package, the FPHS Steering Committee made a strategic move to prioritize infrastructure and service delivery models that would enhance the pandemic response and then shift to larger public health system work in the long-term. o 2021 FPHS funding has been disbursed to local health jurisdictions and is an allowed funding source for COVID-19 pandemic response. The 2020 FPHS report was delivered to the Legislature in December and highlighted the small but critical system improvements; this funding gave local health jurisdictions over the last year in responding to the pandemic. • Identifying sufficient and stable funding sources for FPHS is a critical component of modernizing our public health system and remains a priority focus for WSALPHO and WSAC. In this session, there are multiple funding bills that direct resources into FPHS efforts, including a covered lives tax, revised vapor tax, sugared beverage tax, and the general fund. Legislators from all four corners have acknowledged that underfunding public health for decades has led to an inadequate system and that funding public health is a priority of the session.
Legislative session and policy • This session's top focus and the issue is undoubtedly COVID-19 and our state’s continued response in the pandemic and recovery efforts. • Key bills for public health: o Public Health Governance: The biggest bill around public health governance, infrastructure, and oversight is HB 1152, aiming to regionalize local health jurisdictions into districts. WSALPHO and WSAC created a joint workgroup to address local concerns on the bill and are actively working with a group of stakeholders to strengthen the bill for local government. o Funding for Public Health: It is encouraging to hear from the Legislature that one of its top priorities is to fund public health. To this end, several funding options have been proposed to enhance and stabilize long term funding for FPHS. The most significant proposal is a covered lives tax, which dedicates nearly all the revenue generated to FPHS in SB 5149. Other proposals include revising the vapor tax (maintaining existing allocations), other health assessments, and sugared beverage tax (40% of revenue dedicated to FPHS). • WSALPHO is working with Eastern Washington legislators to include a budget request for local Group B Water System programs. In the fall of 2020, WSALPHO surveyed local health jurisdictions that implement these programs to learn more about how the recent funding vetoes have impacted these programs. While most agencies absorbed the cost for 2020, this is not sustainable, and many indicated that without stable state funding to support the program, they would likely be ending their joint plan of responsibility and agreement, which would return this program to the State Department of Health Drinking Water Program to implement. • WSALPHO expects many bills related to coronavirus and the pandemic, including bills focused on local control, privacy, vaccination, and more. Additionally, we expect several other bills of interest to public health, including water quality, food safety, home visiting, and family supports, housing, and homelessness.
Public Safety/ Human Services - Juliana Roe
This year’s legislature has put forth a long list of bills to provide greater diversity, equity, and inclusion to eliminate racial disparities. Many of these bills focus on policing and how to improve the criminal justice system, from looking at police use of force and tactics to oversight and accountability issues to training and de-escalation to providing juvenile attorneys upon contact. While all of these are laudable goals in improving the system, many of these bills will ultimately cost counties money to implement. WSAC’s strategy has been to educate legislators
WSAC Board of Directors February 3, 2021 Page 81 of 136 that if they fail to fund the policies they pass and expect counties to carry out, counties will be forced to cut back or eliminate other vital services they provide.
Another theme for the 2021 legislature relates to making changes with regard to those in custody. Some would change how individuals are sentenced and allow for those changes to take effect retroactively, thus requiring resentencing. These sorts of bills will save the state money yet cost the counties money because counties pay for courts, prosecutors, defense attorneys, and all of the other court staff and services associated with a resentencing hearing. There are other bills related to juvenile justice. One bill, SB 5122, makes changes to the juvenile court system, including allowing those up to 19 to be adjudicated in juvenile court and held in juvenile facilities rather than adult facilities. This shifts a large population of individuals from the adult system to the juvenile system that is not set up to cater to the increased number or age of these individuals. This type of change would be costly to counties, and the state is not recognizing these costs with a funding source.
A couple of bills that would save counties money are HB 1348 introduced by Rep. Davis and SB 5304 introduced by Sen. Wilson. HB 1348 asks the Health Care Authority (HCA) to seek a waiver from the federal department of health and human services that would allow individuals incarcerated in jail to maintain their Medicaid benefits for the first 30 days of incarceration, rather than suspend them. This would be great savings for county jails. A significant portion of those in jail have severe chronic health conditions, major mental health and substance use problems, and co-occurring disorders. This type of change also helps those who are in jail awaiting the resolution of their case yet often cannot afford bail. SB 5304 would also make a positive change for those who are incarcerated but works from the other end. This bill asks HCA to seek a waiver to allow jails to reinstate an individual’s Medicaid 30 days before their release. This saves counties money in many of the same ways that the previous did and provided for an easier transition into the community. It ensures that upon release, these individuals have immediate access to their medical services and prescriptions, rather than having to wait until their Medicaid is turned back on after release.
There is a lot of attention on housing and homelessness this year. Washington has faced a massive affordable housing shortage and a growing number of individuals entering homelessness even before the pandemic. Increasing unemployment, growing numbers of people facing eviction or foreclosure, and a dwindling supply of affordable housing have made it imperative for the legislature to invest in stabilizing housing situations for tenants and homeowners. Recognizing this, the legislature has introduced a litany of bills dealing with increased housing stock, addressing growth in urban and rural areas, and rental and foreclosure assistance, to name a few.
Ensuring the behavioral health system can continue to function at the current service levels is of great importance to counties, as it is inextricably interwoven with the local criminal justice system. Because all Medicaid and a portion of the non-Medicaid dollars have been shifted to the Managed Care Organizations (MCOs), it is imperative that the state make significant investments in non-Medicaid funding to support the crisis system at their current service levels.
The issue related to the funding of the Involuntary Treatment Act (ITA) courts remains. Because of the shift of funds to the MCOs, counties have fewer non-Medicaid dollars to pay for ITA court costs and the other crisis services for which they are responsible. Therefore, we are continually discussing with the legislature about ensuring they fund the policy changes they are requesting with regard to ITA because they coincide with county court costs.
Land Use, Environment, Timber, & Solid Waste – Paul Jewell
The marbled murrelet economic impact study conducted by Mason Bruce & Girard is expected in draft form by the end of January. Staff will work with the contractor to refine the report and issued the final version in early February. The Department of Natural Resources (DNR) adopted its final Marbled Murrelet Long-Term Conservation Strategy and the related amendment to the habitat conservation plan (HCP) on state trust lands in late 2019 and early 2020. This study will measure the impacts of the HCP amendment on the county and junior taxing district revenues due to decreased harvest from state trust lands and the direct, indirect, and induced economic impacts. WSAC hopes to present the report during legislative hearings this session.
WSAC Board of Directors February 3, 2021 Page 82 of 136 WSAC worked with the Washington Family Forestry Association to share the costs and representation for securing Jenny Knoth as WSAC's representative on the Cooperative Monitoring, Evaluation and Research Committee (CMER). CMER is the science arm of DNR's Adaptive Management Program (AMP). CMER designs and reviews research to inform the Timber, Fish, & Wildlife Policy Committee (TFW Policy). TFW Policy then provides recommendations based on CMER's analysis for policy formulation to the Forest Practices Board.
Jenny is the first representative WSAC has had on the CMER committee for several years. She has a Ph.D. in forest resources from the University of Washington and an M.S. in forest genetics and bioinformatics from North Carolina State University. Jenny is familiar with CMER and the AMP at DNR. Along with representing WSAC at all CMER meetings, she provides WSAC staff regular updates on CMER projects and emerging issues. Court Stanley continues to represent WSAC on the TFW Policy Committee and provides overall support to WSAC's timber policy and advocacy programs.
The DNR published its final report of the Trust Lands Performance Assessment work that has been ongoing since 2018. The report included several recommendations for modifications to how the DNR manages trust lands, including State Forest Transfer and State Forest Purchase lands that provide direct revenues to counties. Court and Paul are reviewing the report and meeting with the DNR to discuss the next steps. The Timber Counties Caucus will likely form a subcommittee to develop caucus positions on the report's findings and recommendations.
The Legacy Pesticide Workgroup, formed by Ecology to address concerns related to lead and arsenic contamination on historic orchard grounds in central Washington, concluded its work at the end of 2020. These lands are increasingly being converted to other uses, and existing contamination exceeds state and federal levels, requiring cleanup. Paul represented WSAC on the workgroup along with former Chelan County Commissioner Doug England. The final report should be issued in February.
Included in the report are recommendations for streamlining the identification of lands with contaminated soils, attaining compliance through approved cleanup methods, and creating soil banks to provide clean materials for projects. WSAC is working with legislative sponsors who have agreed to request funding this session for feasibility studies to further evaluate the options for creating soil banks.
The WDFW PILT coalition met during the interim and continues its efforts to improve the WDFW PILT program during the 2021 legislative session. The coalition has decided to revive last year's proposal to change the statute to move the responsibility for making the PILT payments to eligible counties from the WDFW to the State Treasurer. This change implements one of the recommendations from the 2013 Department of Revenue report on WDFW PILT requested by the legislature and aligns WDFW PILT more closely with DNR PILT. The coalition successfully got this change implemented temporarily in the 2019-2021 biennium in the State Operating Budget. However, as the biennium is ending, the budget will expire at the end of June. By including the change in statute, it will become permanent.
GMA reforms continue to be a significant issue after the report A Roadmap to Washington's Future was issued by the Ruckelshaus Center in 2019. Throughout the Summer until the end of the year, the University of Washington (UW) hosted a series of discussions with a broad group of stakeholders to discuss potential reforms and updates to the state's overall growth planning framework, including the GMA. The talks were based on the report's findings but sought to develop actual legislative proposals that would be widely supported. WSAC was invited to participate as part of the stakeholders and had three representatives – Commissioner Rob Gelder, Kitsap County; Erik Johansen, Land Services Director, Stevens County; and Paul Jewell, WSAC staff. The UW concluded its work in December and issued its final report in January.
The process failed to deliver on its intended purpose to develop widely supported legislative proposals. Many ideas were discussed. Although some had many supporters, the process did not have enough time to thoroughly evaluate the suggestions nor foster the relationships among participants to meet its broad support goals. Attendance at most meetings numbered greater than 70, making meaningful relationship-building and more in-depth communication difficult. Due to the pandemic, all meetings were conducted remotely, further frustrating the process.
WSAC Board of Directors February 3, 2021 Page 83 of 136 Finally, the Washington Association of County Solid Waste Managers continues to meet and develop as an affiliate organization. The group met over three days in July and then again during the County Leaders Conference in November. WACSWM developed a core services model document, defining the necessary level of solid waste services that should be available in every county across Washington. They also approved their first legislative agenda, which was presented to LSC at the November conference. WACSWM's legislative agenda focuses on increasing state funding for solid waste, streamlining and improving the local solid waste financial assistance program, and securing dedicated funding for solid waste infrastructure projects.
Transportation and Public Works – Jane Wall
The SARS-COVID-19 pandemic has impacted all walks of life, including the various 2021 activities and programs of The Washington State Association of County Engineers (WSACE). Each February, WSACE holds a professional development conference for its members and member staff. That conference has been canceled and will be folded into WSACE’s Annual June conference, which at this stage is scheduled to take place in-person.
The National Association of County Engineers (NACE) has also canceled its 2021 conference, which was to take place in Palm Springs in April 2021. No announcement has been made as to whether there will be any virtual offerings in its place.
The 2021 WSACE Annual Conference is set to take place June 8-11 at the Campbell’s Resort on Lake Chelan. WSACE is actively monitoring COVID-19-restrictions and numbers and will make a final decision on the conference’s feasibility sometime in spring.
While most of the 2021 Legislative focus will be dedicated to the response of the COVID-19 pandemic and its resulting fallout, it is poised to be a big session for transportation. This began with Representative Jake Fey (D- Tacoma) unveiling a 16-year, $26 Billion revenue package in the second week of session. The ambitious and massive package makes large investments in preservation and maintenance and carbon reduction initiatives. This includes a $582 million investment in County Road Administration Board (CRAB) programs. The revenue is raised through two primary means, an 18-cent gas tax increase and a tax on carbon. The release of this proposal is the first step in a long process. For a full summary of the package, visit the WSACE webpage at www.wsace.org/legislative
With the release of the House’s package, we expect the Senate to do the same shortly. At the time of this update, the Senate has not introduced its proposal.
In anticipation of revenue proposals, WSACE and WSAC developed an ambitious and robust legislative agenda for 2021. Our priorities include:
• Prioritizing preservation and maintenance; • Increases to CRAB’s Rural Arterial Program (RAP), and the County Arterial Preservation Program (CAPP); • Increases in the county-share of the motor vehicle fuel tax; • Implementation of a federal fund swap program.
WSACE Managing Director, Jane Wall, continues to work on several other WSAC and WSACE transportation and public works priorities. This includes continued work on a funding solution for fish passage blocking barriers (culverts).
WSACE continues to stay actively involved with several boards and committees, including the Capital Projects Advisory Review Board (CPARB), Fish Passage Barrier Removal Board, and Infrastructure Assistance Coordinating Council (IACC).
WSAC Board of Directors February 3, 2021 Page 84 of 136 OPMA, Fiscal Flexibility, & General Liability – Mike Hoover, Policy Consultant
WSAC continues to push bills that will help counties recover from the pandemic and address future emergencies. HB 1056 would allow counties to conduct remote meetings whenever there is an emergency of any nature, for the duration of the emergency. HB 1069, the so-called “fiscal flexibility” bill, would allow counties to expand the purposes for which some already-existing revenues may be used through the end of 2023, So far, both of these bills are proceeding quickly through the legislative process, and their chances of final passage look good even in this limited all-remote Session.
Two other bills on public meetings, HB 1180 and HB 1329, would expand both the public's ability to testify and the ability of counties to hold remote testimony. Both bills have elements counties would welcome but also some that cause concern. Operationally, WSAC supports expanded testimony and meeting capabilities but does not want to take on additional obligations or legal duties under an already complex area of law relating to open meetings. WSAC will monitor these bills and work with the sponsors to make them work for counties and the public.
Finally, HB 1202, expanding liability for police misconduct, is part of a more comprehensive system of police reforms being run this year. Presently, WSAC opposes this bill because it exposes the counties to huge liabilities and costs. The bill's intention is commendable: preventing civil rights violations and holding bad actors accountable for their misconduct. In practice, however, this bill as written will open the door to broad and expensive lawsuits, with damages and attorneys’ fees in addition to remedial or injunctive relief (e.g., ordering counties to take specific actions), where the county can be sued for the misconduct of an officer. While there is a logic to holding counties responsible for the actions of their employees, sheriffs are often independently elected, and police are often trained, overseen, disciplined, and even hired and terminated by a complicated system over which counties have little direct oversight. The situation is made even more complex by the application of collective bargaining agreements, which set forth specific standards that cannot unilaterally be changed by county authorities to comply with the bill. Simply put, it is unfair to hold counties responsible for systems they do not oversee or control. If this law goes forward, we will hope that the legislature will reopen other areas of law to provide counties with additional oversight to accompany the additional liability.
WSAC will continue to monitor the OPMA bills to ensure that counties can conduct business in a manner that serves the public and works within existing resources. WSAC will also work with stakeholders on ways to improve police performance and accountability in ways that achieve meaningful progress without simply opening up new ways for local governments to be sued.
Tax & Fiscal, Broadband – Mellani McAleenan
As expected, broadband access is a hot topic with the legislature. HB 1336 creates and expands unrestricted authority for public entities to provide telecommunication (broadband) to end-users. Unsurprisingly, telecom companies oppose the bill. The Governor’s proposed budget includes $45 million to the statewide broadband account for broadband infrastructure, $9 million for access grants to childcare providers of school-age children, $6 million for digital navigators, over $75 million to OSPI for internet connectivity and digital learning devices, and over $3 million for broadband equity and access. The Public Works Board has requested $146 million to the statewide broadband account to issue loans and grants to achieve affordable and equitable broadband access. CERB seeks codification of their rural broadband program and up to $100 million for all four of their administrative programs.
As with any legislative session, there are a number of bills containing property tax exemptions, deferrals, and/or waivers of penalties and interest. This year, a theme of property tax exemptions as pandemic relief is trending. SB 5282, sponsored by Sen. Dhingra, would require a property revaluation/reduction in value due to COVID and a waiver of interest and penalties for amounts included in payment plans. HB 1332 from Rep. Sullivan similarly provides a property tax deferral for businesses experiencing a greater than 20% revenue loss in 2020 over 2019 due to COVID. It creates a loan program in the state treasurer’s office to provide funds for city/county deferred revenue. Treasurers and Assessors believe tying revenue loss to COVID will be very difficult and is a flawed trigger. We’ll continually monitor and weigh in on these types of bills.
WSAC Board of Directors February 3, 2021 Page 85 of 136 One surprise is the introduction of Rep. Davina Duerr’s bill, HB 1362, which would tie property tax revenue growth limit to inflation and population growth rather than the arbitrary 1%. WSAC has been focused on ensuring short-term flexibility to aid in pandemic recovery but will gladly support this bill.
WSAC Board of Directors February 3, 2021 Page 86 of 136 Program Overview
What is cashVest®? cashVest by three+one® harnesses liquidity data resources to maximize the value of every single dollar through the power of liquidity analysis - a breakdown of how cash can be best utilized for current & future operating needs, offsetting banking fees, borrowing, or earnings opportunities. Finance officials of public entities, higher Ed institutions, and hospitals can execute cash, operating, and investment management decisions with more confidence and greater ease.
What are its benefits? ● Knowing how much and how long cash is available for - the time-horizon of your funds. ● Confirmation that you have sufficient liquidity to satisfy expenditures while earning and saving the most possible, based on forward forecasting. ● Liquidity stress-testing to show how vulnerable cash positions are in worst-case scenarios. ● Peer benchmarking to ensure your cash is performing at the highest possible level. ● Assurance that your bank fee structure is equitable in any rate environment. ● A dedicated team to help you achieve the best value on liquidity. ● Strengthened credit rating, as advanced liquidity projections and cash flow capacity now account for 10% of the framework for local GO ratings at S&P. ● Confidence that you are maximizing all financial resources, based on objective third-party data, for your taxpayers.
Who is three+one?
three+one is an independent financial technology company offering data solutions that drive innovation, efficiency, and better financial outcomes for taxpayers and stakeholders. Our product suite currently includes cashVest, rfpPrep®, bankfee✓®, and branded data offerings. three+one is not a registered investment advisor (RIA), municipal financial advisor, or bank; we do not sell or offer investments - our incentives are directly aligned with you and your stakeholders.
History
The leadership of three+one have public, private, higher Ed, and banking experience, which provides a comprehensive perspective on liquidity management. three+one has served entities nationally since 2012 bringing over $300 million in new revenue to the communities it serves. three+one is endorsed by the National Association of Counties (NACo) and has formal partnerships with the New York State Association of Counties, the Florida Association of Counties, the Virginia Association of Counties, the California State Association of Counties, the Nebraska Association of Counties, the Arizona Association of Counties, and the Washington State Association of Counties.
© Three+One Company, Inc. tobey village office park, 180 office parkway, pittsford, ny 14534 | phone: 585.484.0311 | threeplusone.us
WSAC Board of Directors February 3, 2021 Page 87 of 136 Program Overview
Level 5 Level 4 Level 3 Level 2 Level 1 Cushion Operating Total Amount 30,000,000 15,000,000 15,000,000 20,000,000 20,000,000 15,600,000 54,921,228 $170,521,228 Duration 24-30 18-24 12-18 6-12 Up to 6 Up to 30 Daily Varies months months months months months days
© Three+One Company, Inc. tobey village office park, 180 office parkway, pittsford, ny 14534 | phone: 585.484.0311 | threeplusone.us
WSAC Board of Directors February 3, 2021 Page 88 of 136 CYBERSECURITY COLLABORATIVE
A Membership Community Where Leaders Share Experiences, Tools, and Vendor Insights to Solve Their Problems in Real-Time.
Cybersecurity Collaborative’s member needs form the foundation of our organization and drive everything we do. We are an extension of your team, understanding your current challenges and using that information to facilitate solution-sharing and help you be successful.
Our platform of collaboration services and our curated library of CISO developed tools are built around three disciplines: 1. Strategic and Technical Insights that improve resiliency and help organizations defend against hyper-evolving adversaries. 2. Cybersecurity Professional Development that betters leaders and builds their personal profile to reach their personal career goals. 3. Mission Oriented Advocacy and Engagement to advance the cybersecurity industry and mentor the next generation.
Membership tiers are based on your county’s cybersecurity maturity. Tiers and benefits include:
FREQUENCY ALL ACCESS PREMIUM ESSENTIAL
Morning Security Reports Daily Yes Yes Yes
Members Portal Resource Library On-Demand Yes Yes Yes
CISO Virtual Briefings Monthly Yes Yes Yes
Cybersecurity Leadership Program 12-Week Program Yes Yes Yes
Virtual Secure Collaboration On-Demand Yes Yes Yes
Complimentary Pass to InfoSec World Annually Yes Yes Yes 2021 at Walt Disney World
CSC Committee Involvement - Yes Yes Yes
Speaking & Media Opportunities - Yes Yes -
Task Force Working Groups Weekly Yes Yes -
CISO Rapid Response On-Demand Yes - -
Unclassified Intelligence Briefings Monthly Yes - -
WSAC Board of Directors February 3, 2021 Page 89 of 136 Marbled Murrelet Impact Study for Washington State Association of Counties
WSAC Board of Directors February 3, 2021
Mason, Bruce & Girard and Highland Economics
1 WSAC Board of Directors February 3, 2021 Page 90 of 136 Objective for this meeting
• Preliminary results of analysis of financial and economic impacts from DNR land management decisions aimed at protecting and enhancing habitat for Marbled Murrelet (MAMU).
2 WSAC Board of Directors February 3, 2021 Page 91 of 136 Study Questions
• What are the impacts of decisions made to provide habitat for Marbled Murrelet?
• How are those impacts distributed between Counties and Taxing Districts?
• How did impacts change under the 2019 Long Term Conservation Strategy?
3 WSAC Board of Directors February 3, 2021 Page 92 of 136 Background
• 1997 Interim HCP for protecting Marbled Murrelet (MAMU) habitat. (Alt A in 2019 LTCS document) 600,000 acres of conservation (1997 HCP, PSF, state law, 2019 LTCS) 33,000 acres exclusively for MAMU
• 2019 Final HCP strategy (Alt H in 2019 LTCS document, then adjusted) 604,000 acres of conservation (1997 HCP, PSF, state law, 2019 LTCS) 37,000 acres exclusively for MAMU
4 WSAC Board of Directors February 3, 2021 Page 93 of 136 Project objectives
• Financial Impacts: Estimate changes in revenue to each taxing district over time.
• Economic impacts: Estimate changes in employment and income to each County over time.
• Other impacts: Estimate potential for other benefits or cost savings due to MAMU management.
5 WSAC Board of Directors February 3, 2021 Page 94 of 136 Methods and data
• To the extent possible, use data from DNR, DOR, County Assessors
• Report on impacts just on those acres set aside exclusively for MAMU
• Calculate each acre’s contribution to average annual long-term harvest, stumpage revenue, harvest tax, employment and income
6 WSAC Board of Directors February 3, 2021 Page 95 of 136 MAMU only acres are a small percentage of the DNR landbase • Acres affected • 1,400,000 acres DNR forest land in Western Washington • 600,000 acres conservation of some kind • MAMU-only conservation: 33,000 acres Alt A 37,000 acres Alt H
• DNR Revenue Distributions to Counties (FY2018) • $53,000,000 to Western Washington Counties total • MAMU-only Conservation • $ 999,000 Alt A • $1,053,000 Alt H
7 WSAC Board of Directors February 3, 2021 Page 96 of 136 MAMU Only acres relative to all conservation lands Changes between Alt A and Alt H
DNR Conservation Lands With Alt A MM-only With Alt H MM-only
Jefferson County Example area where Alt H has fewer MM-only acres than does Alt A
8 WSAC Board of Directors February 3, 2021 Page 97 of 136 Accounting Framework: County level impacts
MAMU Acres* Financial Impacts Economic Impacts County Share of Harvest Other Trust Alt A 1997 Alt H 2019 Harvest Tax Revenues Jobs Income Services Fed Grant Lands 20,394 25,612 4% 0.0% included included included State Forest Transfer 11,845 11,107 4% 75.0% included included included State Forest Purchase 259 538 4% 26.5% included included included Other 328 199 4% 0.0% included included included Total 32,826 37,456
* Acres where harvest is limited exclusively for Marbled Murrelet
9 WSAC Board of Directors February 3, 2021 Page 98 of 136 Financial impacts depend on trust
25.6% Share 75% share County FedGrant SFPurchase SFTransfer Other Grand Total Clallam 3,673 42 7,317 72 11,104 Jefferson County: Grays Harbor 889 889 Most of the impact is Jefferson 10,006 53 31 10,091 on Fed Grant lands – no revenue share King 3 6 8 Lewis 258 258 Clallam County: Mason 61 55 117 Most of the impact is Pacific 3,158 496 1,230 7 4,891 on State Forest Skagit 602 677 87 1,366 Transfer Lands – 75% Snohomish 854 485 1 1,341 revenue share Wahkiakum 3,436 1,025 4,461 Whatcom 2,670 258 2,928 Grand Total 25,612 538 11,107 199 37,456
Alt H 10 WSAC Board of Directors February 3, 2021 Page 99 of 136 Acres -> Timber volume -> Dollars
Alt H
Acres Annual Average Total Stumpage County Share of County Share Total Finanical County Impacted Mbf Impacted Revenue Harvest Tax of Revenue Impact A 37,000 acre forest Clallam 11,104 5,883 $ 1,614,451 $ 64,300 $ 558,881 $ 623,182 Pacific 4,891 2,957 $ 1,034,516 $ 41,329 $ 171,555 $ 212,885 could produce Wahkiakum 4,461 2,623 $ 977,024 $ 39,081 $ 117,897 $ 156,978 Skagit 1,366 620 $ 240,823 $ 9,095 $ 60,973 $ 70,067 21 MMbf per year Jefferson 10,091 6,185 $ 1,614,088 $ 64,377 $ 4,764 $ 69,141 Snohomish 1,341 776 $ 296,547 $ 11,852 $ 53,953 $ 65,805 Whatcom 2,928 1,327 $ 530,067 $ 21,203 $ 26,447 $ 47,650 earning $6.6 million in Grays Harbor 889 537 $ 179,403 $ 7,176 $ - $ 7,176 stumpage per year Mason 117 52 $ 20,335 $ 813 $ 4,496 $ 5,309 Lewis 258 133 $ 46,696 $ 1,868 $ - $ 1,868 King 8 4 $ 1,356 $ 54 $ 462 $ 517 Counties would get Total 37,456 21,097 $ 6,555,306 $ 261,148 $ 999,429 $ 1,260,577 $1.3 million in revenue
11 WSAC Board of Directors February 3, 2021 Page 100 of 136 Estimated Annual Average Financial Impact from Acres Set-aside for Marbled Murrlet Alternative A Results: Financial Impacts $700,000 by County – Alt A $600,000 County Share of Stumpage Revenue
Harvest Tax
$500,000
County share of revenue Total across all counties = $1,275,758 accounts for 83% of the total financial impact. $400,000
Clallam has over 51% of the $300,000 total financial impact Annual Average Finanical Impact Finanical Average Annual
$200,000
$100,000
$-
12 WSAC Board of Directors February 3, 2021 Page 101 of 136 Taxing District Distribution of Estimated Annual Average Financial Impact from Stumpage Revenues from Acres Set-aside for Marbled Murrlet Alternative A Financial Impacts by $700,000 County/Tax Dist – Alt A Selected Taxing DIstricts $600,000 City Prop Tax
County Road
$500,000 EMS
Taxing Districts with largest Fire
share of impacts: $400,000 General Fund
Hospital Schools 27%
County Roads 19% $300,000 Library
General Fund 18% Parks
Fire 10% Impact Financial Revenue Annual Estimated
$200,000 Parks & Rec
Port
$100,000 School
$-
13 WSAC Board of Directors February 3, 2021 Page 102 of 136 Estimated Annual Average Financial Impact from Acres Set-aside for Marbled Murrlet Alternative H adjusted Results: Financial Impacts $700,000 by County – Alt H $600,000 County Share of Stumpage Revenue Harvest Tax
$500,000
Total across all counties = Alt H adds acres and changes $1,265,779 locations of some of the MAMU $400,000 only acres:
County share of revenue $300,000 accounts for 79% of the total Impact Finanical Average Annual financial impact. $200,000
Clallam has over 49% of the total
financial impact $100,000
$-
14 WSAC Board of Directors February 3, 2021 Page 103 of 136 Taxing District Distribution of Estimated Annual Average Financial Impact from Stumpage Revenues from Acres Set-aside for Marbled Murrlet Alternative H adjusted Financial Impacts by $700,000 Selected Taxing DIstr
City Prop Tax County/Tax Dist – Alt H $600,000 County Road
EMS $500,000
Fire Taxing Districts with largest share of General Fund impacts: $400,000 Hospital Schools 28% $300,000 Library County Roads 19% Parks
General Fund 18% Impact Financial Revenue Annual Estimated
Fire 10% $200,000 Parks & Rec
Port
$100,000 School
$-
15 WSAC Board of Directors February 3, 2021 Page 104 of 136 Change in Estimated Annual Average Financial Impact from Acres Set-aside for Marbled Murrlet (Alternative A - Alternative H)
50,000 Change from Alt A County Share of Stumpage Revenue
Harvest Tax (1997) and Alt H (2019) 40,000
30,000 Total change across all counties = $14,681 Alt A – Alt H 20,000 Example: financial impact $100 impact Alt A - $150 impact Alt H = $-50 change LESS
10,000 has H
(a greater impact) Alt
Net change across all Counties is +$14,681 (less financial -
impact) Impact Finanical Average Annual
(10,000) Differences vary because of acre changes. financial impact
(20,000) MORE H has H Alt (30,000)
(40,000)
16 WSAC Board of Directors February 3, 2021 Page 105 of 136 Economic Impact Process
17 WSAC Board of Directors February 3, 2021 Page 106 of 136 Results: Total Potential Annual Average Economic Impacts under Interim HCP (Alt A)
• Logging/Mills/Pulp & Paper impacts across all counties: 90 jobs and $10.1 million annual average income • Total impacts across all counties: 190 jobs and $15.1 million annual average income
• 55% of the impact felt in Clallam, Grays Harbor and Jefferson Counties
• Clallam, Grays Harbor, and Jefferson Counties have just 1% of statewide wages and 1.6% of statewide employment in 2019
WSAC Board of Directors February 3, 2021 Page 107 of 136 Results: Total Potential Annual Average Economic Impacts under Final HCP (Alt H)
• Logging/Mills/Pulp & Paper impacts across all counties: 100 jobs and $11.6 million annual average income (increase of 10 jobs and $1.5 million income effect relative to interim HCP)
• Total impacts across all counties: 220 jobs and $17.3 million annual average income (increase of 30 jobs and $2.2 million income effect relative to interim HCP)
• Similar distribution of effect across counties, but with some counties relatively worse off and some better off.
WSAC Board of Directors February 3, 2021 Page 108 of 136 Final vs Interim HCP Annual Average Potential Economic Impacts (Negative means bigger adverse impact under Final) County Change in Job Impact Change in Income Impact Final vs. Interim Final vs. Interim Whatcom -8 -$667,000 • No county with Jefferson -5 -$512,000 greater than $0.7 Snohomish -4 -$370,000 Pacific -4 -$367,000 million and 8 Skagit -2 -$159,000 jobs change in Cowlitz -2 -$158,000 annual impact Wahkiakum -1 -$123,000 Clark -1 -$74,000 • 6 counties with Clallam -2 -$66,000 Mason -1 -$58,000 less estimated Kitsap 0 $3,000 adverse impact, Pierce 0 $5,000 10 with bigger King 0 $30,000 adverse impact Lewis 0 $45,000 Thurston 1 $80,000 Grays Harbor 1 $168,000 WSAC Board of Directors February 3, 2021 Page 109 of 136 Other Revenue Benefits or Cost Savings to Counties • Revenues from selling ecosystem service credits • Carbon – Possible if can overcome ‘additionality hurdle’ • Habitat –Unlikely financial benefits to counties
• Economic development • Recreation-Unlikely to spur additional tourism • Salmon / fishing –Unlikely to increase commercial fishing
• Avoided/reduced costs • Flooding and Water Quality –Unlikely to be measurable changes in financial costs • Roads – Possible, due to reduced wear and tear from logging trucks
21 WSAC Board of Directors February 3, 2021 Page 110 of 136 Possible County Revenues: Carbon Credits • Demand: Voluntary Markets & Regulatory Markets • Prices: Voluntary (~$3 to $5/credit on average), Regulatory Markets for Offsets (~$14/credit) • Credits / Acre Can Vary Widely • Carbon value under Final HCP (compared to no HCP) may range from ~$750,000 to $3.4 million revenue annually ($20 to $90/acre/year). Increase of ~$90,000 to ~$420,000 from interim HCP.
Big Qualification Hurdle: Additionality (change in forest management required anyway due to species and habitat protections)
22 WSAC Board of Directors February 3, 2021 Page 111 of 136 Possible County Expense Reductions: Road Maintenance Costs not Covered by Taxes Final Strategy (Compared to Final Strategy (Compared to • Assumed 3.5 to 5 County no restrictions) interim HCP) MBf/load Low High Low High • 63 average miles per Jefferson $3,700 $5,300 $800 $1,200 load, 85% paved Clallam $3,500 $5,000 -$200 -$300 roads Pacific $1,800 $2,500 $600 $800 • All mileage/costs Wahkiakum $1,600 $2,200 $200 $200 assumed to occur in county where change Whatcom $800 $1,100 $500 $700 in timber harvest Snohomish $500 $700 $300 $400 occurs Skagit $400 $500 $100 $100 • Estimated $22/load Grays Harbor $300 $500 -$500 -$600 taxes paid based on Thurston $100 $100 -$100 -$100 PUT and fuel tax, for Lewis $0 $0 $0 -$100 ~$3/load extra cost not covered by taxes Mason $0 $0 -$100 -$100 King $0 $0 -$100 -$200
23 Kitsap $0 $0 $0 $0 WSAC Board of Directors Pierce February 3, 2021 $0 $0 $0 Page$0 112 of 136 Summary: Key annual impacts for Alt H
• MAMU-only acres: 37,000 acres • Harvest: 21 MMbf • Stumpage revenue $6.6 million
• Financial impact $1.3 million
• Direct jobs 100 jobs • Direct income $11.6 million • Total jobs 220 jobs • Total income $17.3 million
24 WSAC Board of Directors February 3, 2021 Page 113 of 136 February 3, 2021 TO: WSAC Board of Directors FROM: Eric Johnson, Executive Director PREPARED BY: Jane Wall, Managing Director, Washington State Association of County Engineers SUBJECT: County Transportation Study Program
WSAC received $1,142,000 in funding in the 2019-2021 transportation budget for transportation studies. Each biennium counties receive a portion of the state fuel tax to support studies of our choosing. For the 2019-2021 biennium, WSAC has conducted the following:
1. An inventory of county-owned fish passage barriers, with priority given to barriers that share the same stream system as state-owned fish passage barriers. The study must identify, map, and provide a preliminary assessment of county-owned barriers that need correction and provide, where possible, preliminary cost estimates for each barrier correction. The study must provide recommendations on (a) How to prioritize county-owned barriers within the same stream system of state-owned obstacles in the current six-year construction plan to maximize state investment and (b) how future state six-year construction plans should incorporate county-owned barriers.
2. An update the Local Agency Guidelines Manual, including exploring alternatives within the Local Agency Guidelines Manual on county priorities.
3. A study analyzing the current state of county transportation funding, identifying emerging issues, and identifying potential future alternative transportation fuel funding sources to meet current and future needs.
1) Inventory assessment: WSAC has contracted with an independent contractor to work on behalf of the association with the Washington Department of Fish and Wildlife (WDFW) and the Washington Department of Transportation (WSDOT). The contract is $75,00 for the 2019-2021 biennium.
With the contractor’s oversight, WSAC initiated a $667,000 contract with the WDFW to inventory and assess fish passage barriers associated with county roads located within as many counites as possible within the U.S. v Washington case area. The project allows for the inventory and assessment of a small number of counties outside the case area. Under the contract, WDFW hired two teams to conduct the assessments. The work was to commence in March 2020, but the outbreak of the SARS COVID-19 pandemic slowed those efforts. WDFW began its work in June and is on track to complete the work expected by the end of the biennium.
2) Local Agency Guidelines Manual: Due to the outbreak of the SARS-COVID 19 pandemic and an unexpected retirement in WSDOT local programs, these efforts were put on indefinite hold. The County Engineer’s Association will revisit whether this effort should be reviewed in future biennia, but at this time, there are no plans to carry this project out.
WSAC Board of Directors February 3, 2021 Page 114 of 136 3) County Transportation Funding Study: WSAC sought an assessment of the transportation funding challenges faced by counties in Washington and identifying potential future alternative transportation funding sources to meet current and future needs. With a goal to better inform Washington counties and the Legislature of the current and future funding needs of counties in Washington, WSAC allocated $100,000 for the work. In February 2020, Berk and Associates were selected through a competitive RFP process to conduct the study.
In September 2020, a final report was issued. You can find the entire report at www.wsac.org/countyroads.
2021-2023 Biennium The Washington State Association of County Engineer’s Board approved a preliminary scope of a work plan for the upcoming biennium. Work will include a continuation of fish passage barrier inventory efforts, a study into a county’s authority to levy a utility fee for right-of-way use, and funds for the County Road Administration Board to update software and data reporting management tools. These ideas will be submitted to the transportation committees via a budget proviso to be included in the final biennial transportation budget.
WSAC Board of Directors February 3, 2021 Page 115 of 136 WSAC Culvert Inventories Scope of Work: Project Background
Neil Aaland, WSAC Program Consultant
• Assist counties in preparing inventories (as precursor to repairing culverts)
• Focus primarily on 14-county case area (and one eastside county)
• Phase 1 started at end of last biennium – April – June 2019 surveyed counties about status
WSAC Board of Directors February 3, 2021 Page 116 of 136 Phase 2: Current Biennium
•$767,000 allocated for current biennium (paid from WSAC share of road tax revenue) •$667,000 contract with WDFW to provide crews and conduct work •Two counties asked for direct funding • Pierce County - $50,000 • Mason County - $50,000 WSAC Board of Directors February 3, 2021 Page 117 of 136 Phase 2: Status Pierce County • Background work including GIS mapping, rights of entry • Starting work in February Mason County • Background work including GIS mapping, identifying existing culverts (from other inventories) • Waiting for water levels to recede • Anticipate work completed in spring
Both anticipate completion of contract by June 30
WSAC Board of Directors February 3, 2021 Page 118 of 136 ClickFish to edit Passage Master – Countytitle style Inventory
Christy Rains & Dan Barrett Fish Passage Inventory and Assessment Section Habitat Program, WDFW
WSAC Board of Directors February 3, 2021 Page 119 of 136 Scope of Work: Work
Washington State Department of Fish and Wildlife (WDFW) will identify potential fish passage barriers where incorporated county roads cross anadromous waters.
WDFW will inventory and assess...using the methods described in the WDFW Fish Passage...(2019).
Department of Fish and Wildlife WSAC Board of Directors February 3, 2021 Page 120 of 136 Progress Report (01/27/2021) Inventory fieldwork was delayed due to Covid-19 restrictions. Fieldwork began on June 1st , 2020 (with some restrictions). Jefferson County (439 potential crossings)- Complete Kitsap County (781 potential crossings)- Complete Thurston County (1161 potential crossings) - In Progress Lewis County (1561 potential crossings) - In Progress Snohomish County (1079 potential crossings)- In Progress
Totals Potential Crossings Investigated = ~1600 (as of 1/27/2020) Sites Entered in Database (WIP)= 342 (as of 1/27/2021)
Department of Fish and Wildlife WSAC Board of Directors February 3, 2021 Page 121 of 136 Progress Report (01/27/2021)
• Provided technical assistance and training to county inventory crews. • Entered county data into our state fish passage database. • Worked to reconcile our state fish passage database with county databases. • Reassessed existing sites by request.
Department of Fish and Wildlife WSAC Board of Directors February 3, 2021 Page 122 of 136 Fish Passage and Diversion Screening Inventory Database (FPDSI)
Fish Passage Web-Application WDFW hosts a state-wide fish passage database • Currently ~55,000 sites • ~20,000 man-made barriers
https://geodataservices.wdfw.wa.gov/hp/fishpassage/index.html
Department of Fish and Wildlife WSAC Board of Directors February 3, 2021 Page 123 of 136 Kitsap County (case study) Previous inventory through: • DOT-based upstream/downstream surveys • Some previous county inventory • External data • Ad Hoc
Department of Fish and Wildlife WSAC Board of Directors February 3, 2021 Page 124 of 136 Kitsap County Potential New Sites
Department of Fish and Wildlife WSAC Board of Directors February 3, 2021 Page 125 of 136 Kitsap County Actual New Sites
• 781 potential crossings investigated • 191 new sites added to database
Department of Fish and Wildlife WSAC Board of Directors February 3, 2021 Page 126 of 136 How does this help you?
• Maximize on previous investments. • Including DOT barrier corrections
Department of Fish and Wildlife WSAC Board of Directors February 3, 2021 Page 127 of 136 How does this help you?
• Maximize on previous investments. • Including DOT barrier corrections • Infrastructure planning • Note: FPDSI ≠ HPA Authority
Department of Fish and Wildlife WSAC Board of Directors February 3, 2021 Page 128 of 136 How does this help you?
• Maximize on previous investments. • Including DOT barrier corrections • Infrastructure planning • Note: FPDSI ≠ HPA Authority
Department of Fish and Wildlife WSAC Board of Directors February 3, 2021 Page 129 of 136 How does this help you?
• Maximize on previous investments. • Including DOT barrier corrections • Infrastructure planning • Note: FPDSI ≠ HPA Authority • Additional technical assistance • Using updated protocols
Department of Fish and Wildlife WSAC Board of Directors February 3, 2021 Page 130 of 136 Outstanding County Inventory
Complete any remaining county inventory from 2019-21 list ~2588 potential crossings remaining in “Case Area” ~6124 potential crossings outside of “Case Area” in potentially salmon bearing watersheds.
Department of Fish and Wildlife WSAC Board of Directors February 3, 2021 Page 131 of 136 February 3, 2021 TO: WSAC Board of Directors FROM: Eric Johnson, WSAC Executive Director PREPARED BY: Brynn Brady, Policy Consultant SUBJECT: Coastal Counties Caucus
Coastal Counties Caucus The Washington State Association of Counties created the Coastal Counties Caucus, comprised of 14 counties bordering Puget Sound, Strait of Juan de Fuca, and the Pacific Ocean shortly before the creation of the Puget Sound Partnership in 2007. The Caucus created a forum for Counties to interact, engage and recommend WSAC positions on issues relating to the waters of Puget Sound, Hood Canal, and the Pacific Ocean. Upon creating the Puget Sound Partnership (PSP), WSAC immediately entered into an agreement with PSP to assure counties were actively engaged, coordinated with, and seen as partners in the protection and restoration of Puget Sound. Through the state operating budget, PSP provided the financial resources to WSAC to manage the coordination, communication, and outreach to County and City elected and appointed officials and coordinating comments on Partnership plans and activities. Through 2016, WSAC and PSP were contractually bound to assure that County and City perspectives and priorities were presented and accurately represented to PSP. Starting in late 2016, PSP no longer had the funds to support this agreement, and the 14 Coastal Counties decided to self-assess a voluntary contribution of $2500 per county.
Program Status WSAC has invoiced the 14 coastal counties for the 2021 assessment. The assessment allows the Coastal Caucus program to have greater flexibility to collectively operate in delivering specific county perspectives and priorities directly to the legislature, a level of advocacy that was not permitted under the PSP contract. It also affords the ability to sustain and increase internal communications to members on regular and frequent updates on unique issues to the waters of Puget Sound, Hood Canal, and the Pacific Ocean. The proposed assessment would continue the specific work of Ms. Brady on behalf of the coastal counties and assure that Counties independently deliver a cohesive and consistent message to state agencies and tribal nations beyond just PSP activities. Appointed in January 2021, Skagit County Commissioner Ron Wesen is the new Chair of the Coastal Caucus. He Follows San Juan Councilmember Jamie Stephens, who was Chair since 2014. The following WSAC members serve on the following Boards or Councils:
• Jamie Stephens, San Juan (Chairman Ecosystem Coordinating Board; Salmon Recovery Council)
• Ron Wesen, Skagit (Ecosystem Coordinating Board)
• Derek Young, Pierce (Ecosystem Coordinating Board)
• Charlotte Garrido, Kitsap (Ecosystem Coordinating Board)
• Dow Constantine, King (Ecosystem Coordinating Board)
• Kate Dean, Jefferson (WSAC representative Ecosystem Coordinating Board)
WSAC Board of Directors February 3, 2021 Page 132 of 136 • Janet St. Clair, Island (Salmon Recovery Council)
• Tye Menser, Thurston (Salmon Recovery Council)
• WSAC representative Vacancy Salmon Recovery Council • * Several other WSAC members serve as alternates on these Boards/Councils In 2020, the following items were accomplished to ensure coastal county interests and priorities were brought forward to the coastal counties, Legislative Steering Committee, state and federal agencies, Tribal Nations and other key stakeholders: • Supported WSAC members serving on Puget Sound Partnership (PSP) Boards and Councils. • Represented and/or coordinated representation in PSP meetings and other state efforts that impact communities along the Puget Sound and Pacific coast. • Monitored and reported on PSP efforts that involved county policy interests to WSAC policy staff and the CC members, including discussions of the Ecosystem Coordination Board land-use subcommittee and development of state agency legislative priorities. • Monitored and reported on Puget Sound Partnership efforts that involved county policy interests to WSAC policy staff and the Counties Coastal Caucus including the 2022-2026 Action Agenda Update, the Toxics in Fish Implementation Strategy, and continuation of the Southern Resident Killer Whale Task Force recommendations (“net ecological gain”). • Planned and coordinated the WSAC Leaders Conference's annual meeting to include peer to peer information sharing and engage with state legislators. • Updated the WSAC policy statement for the Puget Sound Partnership to incorporate updated information, objectives, and goals in the state’s salmon recovery efforts. • Prioritized Puget Sound Recovery and Protection in WSAC Federal Issues Agenda.
Continuing efforts from 2019 and 2020, some Southern Resident Killer Whale Task Force recommendations continue to advance, specifically the net ecological gain policy. A proposal is under consideration in the 2021 legislative session that would apply net ecological principles into the growth management planning framework. It is anticipated that a variety of matters will need County attention during the legislative session and beyond, including increasing environmental standards, integrating salmon recovery in the GMA, establishing riparian buffer widths, revising stormwater/contaminant standards and programs, and prioritizing fish barrier removal projects. Additionally, the ECB will be continuing work through a Land Use subcommittee to understand better land-use decisions that impact or enhance salmon recovery efforts. Specifically, they have identified the following for taking a leadership role:
• Improving the development and implementation of land use policy primarily through increasing support for, and tools available to, local governments • Work to identify businesses within ECB member networks that could take on a pilot project from the Water 100 prioritized list - and look for opportunities for ECB caucuses to support those pilots The Coastal Caucus will also be interested in the work plan priorities being planned for the Salmon Recovery Council, including:
• Determining whether existing Chinook recovery priorities are the most effective and efficient means of advancing salmon recovery efforts and revise them if necessary. • Advancing policy recommendations articulated in the Chinook Implementation Strategy (Bold Actions) as a means of accelerating Puget Sound salmon recovery efforts. • Processing and understanding the results of State/Tribal Riparian Work Group and assist implementation where appropriate. • Leveraging existing funding sources by pursuing enhancements and better integration of salmon recovery priorities in Conservation Futures Tax programs.
WSAC Board of Directors February 3, 2021 Page 133 of 136 • Providing input to the EPA on allocating NEP funds across the Strategic Initiative’s AND the annual guidance to the Strategic Initiatives to help ensure that NEP funds are being allocated most effectively and efficiently possible.
WSAC Board of Directors February 3, 2021 Page 134 of 136 February 3, 2021
TO: WSAC Board of Directors
FROM: Eric Johnson, Executive Director
PREPARED BY: Neil Aaland, WSAC Program Consultant
SUBJECT: Columbia River Program
BACKGROUND The Columbia River Basin Water Supply Development Program was initiated by the state Legislature in 2006. The purpose of the program is to seek out and develop a new water supply in eastern Washington. New water supplies are intended for both in-stream and out-of-stream use; water from projects funded by the program is allocated 1/3 for in-stream use and 2/3 for out-of-stream use.
WSAC receives funding from the Department of Ecology to provide staff support to eastern Washington county commissioners (above the Bonneville Dam). This allows commissioners to participate as full partners in the program. Part of the funding is used to hire contract staff to support county participation. General program activities include:
• Organizing quarterly meetings of county commissioners (called the Columbia River Caucus); • Assisting the four commissioners who are county members of the overall Columbia River Policy Advisory Group (CR-PAG); and • Serving as a point of contact for county commissioners and staff about Columbia River issues.
The Columbia River program was authorized for a ten-year life, beginning in 2006. The legislature authorized $200 million in state bonding capacity for implementation. This original funding was fully allocated by the end of the 15-17 biennium (June 30, 2017). Since that time, the Office of Columbia River (OCR) has requested and (and largely received) appropriations for each biennium for specific projects.
CURRENT ACTIVITIES • We continue to follow how negotiations between the U.S. and Canada (the Columbia River Treaty); may affect the provision of additional water supply. • We continue to work to ensure that counties have a voice in Ecology’s management of the CR Program. • We are tracking the Environmental Impact Statement process for the Columbia River System Operations Review, which started up in late 2016. A final EIS was adopted in the summer of 2020, and a Record of Decision was issued on September 30, 2020. The ROD is expected to be appealed by one or more tribes and environmental organizations. • Quarterly meetings of the Commissioners’ PAG continue to be held and are vital to ensuring a flow of information both to county commissioners and from them to the CR-PAG and the Department of Ecology. • Regular discussions and meetings with the Director of the Office of Columbia River occur several times a year.
WSAC Board of Directors February 3, 2021 Page 135 of 136 PROGRAM CHALLENGES • As noted earlier, the original allocation of $200 million for the CR Program was fully allocated by June 2017. The new funding is requested each biennium for a smaller specific slate of projects. To date, this has been a successful approach for continued funding (which most stakeholders agree is needed). WSAC will need to track this. • Our partnership with the British Columbia Local Governments Committee (LGC) will continue to be evaluated regularly. • Negotiations between the U.S. Department of State and Canada about revising the Columbia River Treaty has been on hold during most of 2020. We anticipate a restart at some point once the Biden administration takes office. • The current funding provided to WSAC ends June 30, 2021. WSAC contractor Neil Aaland is retiring at that time. We will be evaluating staffing and level of effort.
2021 ACTIVITIES • Continued involvement in efforts to implement the current CR Program and to support requests for funding continued project work. • Continued regular engagement with British Columbia local governments if opportunities arise. • Monitoring and engaging in deliberations around the Columbia River Treaty. • Monitoring and engaging in the process for the Columbia River System Operations Review.
Staff Contact Information: Neil Aaland, WSAC Program Consultant (360) 791-8905 [email protected]
WSAC Board of Directors February 3, 2021 Page 136 of 136