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2016, 03-08 Formal MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, March 8, 2016 Mayor Higgins called the meeting to order at 6:00 p.m. Attendance: Staff Rod Higgins, Mayor Mark Calhoun, Deputy City Manager Arne Woodard, Deputy Mayor Cary Driskell, City Attorney Dean Grafos, Councilmember John Hohman, Comm&Eco. Develop Dir. Chuck Hafner, Councilmember Erik Lamb, Deputy City Attorney Ed Pace, Councilmember Mike Stone, Parks& Recreation Director Sam Wood, Councilmember Chelsie Taylor, Finance Director Bill Gothmann, Councilmember Pro Tem Erik Guth, Public Works Director Morgan Koudelka, Sr.Administrative Analyst Mike Basinger,Eco. Development Coordinator Gloria Mantz, Economic Development Engineer Carolbelle Branch, Public Information Officer Christine Bainbridge, City Clerk INVOCATION: Pastor Manuel Denning of Fountain Ministries gave the invocation. PLEDGE OF ALLEGIANCE: Everyone stood for the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present. APPROVAL OF AGENDA: It was moved by Deputy Mayor Woodard and seconded to approve the agenda. It was then moved by Councilmember Grafos and seconded,that the City Council commission an immediate independent investigation into the procedure and process taken to suspend and terminate City Manager Mike Jackson.Mayor Higgins stated that the motion, as well as the second to the motion,was out of order unless Councilmember Grafos was moving to amend the agenda. After some Council discussion, including a challenge to the Chair about whether such motion was out of order, and the vote showing all those in favor of the Chair's decision included everyone except Councilmembers Grafos and Hafner, the motion did not progress as it was deemed out of order. The vote by acclamation was unanimous to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: Councilmember Wood: said he attended the Chester School Elementary function; the Spokane Marketing forum at the Convention Center where he heard reports about our area's property values going up 8%from last year; and attended the opening of a new dentist establishment on Appleway. Councilmember Hafner: reported that he attended the STA (Spokane Transit Authority) Operations Committee meeting where they are conducting an analysis of whether to raise the bus fares, and also discussed the Moving Forward program; went to the Health Board meeting and said they continue the search for a new health district officer; and attended the 9-1-1 Board meeting. Councilmember Grafos: said there were no committee meetings, but he did attend the employee appreciation luncheon, given to express appreciation to staff for their hard work, and that it was well attended. Minutes Regular Council Meeting:03-08-2016 Page 1 of 10 Approved by Council:04-12-2016 Councilmember Gothmann: said he spent some time here and at CenterPlace thanking employees for what they do; expressed sorrow at the dismissal of Mr. Jackson and said that Mr. Calhoun is a great leader and we will continue to be great; he attended a bike meeting for the cycle celebration as part of Valleyfest;went to the Greenacres Elementary groundbreaking; attended the employee luncheon where five and ten-year pins and recognition certificates were given out; attended a community relations and advocacy subcommittee of Visit Spokane; and extended thanks to the Mayor for representing our City in response to a break-in at the Sikh temple. Councilmember Pace: said he attended the Chamber government action committee where they heard a presentation about charter schools;went to the STA Planning Committee meeting and said he continues not supporting another ballot measure for STA, said he personally never sees more than five passengers on a bus so an increase is hard to justify; went to the press conference at the Sikh temple;went to the employee appreciation lunch where employees were recognized for their teamwork and great customer service. Deputy Mayor Woodard: expressed his appreciation of the cleaning of the STA covered bus stops;thanked those Councilmembers who went to the Sikh temple press conference; attended the Eastern Washington University entrepreneur competition and awards;and last night went to the Soroptimist International annual celebration. MAYOR'S REPORT: Mayor Higgins said he had no report. Councilmember Wood extended thanks to Public Works staff member Mr. Fisch for his quick response and remedy to replace a missing street sign. PROCLAMATION: n/a PUBLIC COMMENTS: After Mayor Higgins explained the rules for speaking, he invited public comments. Mr. Scott Maclay: said he participated in the formation of this city including arguments about duplication of services, and that last week, this argument is still not dead; said there won't be peace in this city until people recognize that the only layer of government is right here; said when you make an argument that another layer of government doesn't make sense, you might as well tell everyone in city hall who has worked so hard to put this city first, that they aren't needed; said there will be no peace as long as 70%of our city is outside our grasp; said he went through the PDC (Public Disclosure Commission) files tonight and found that several of our candidates here with hundreds of dollars and thousands of dollars,and even past mayors and councilwomen who might want to speak tonight, who have received this money from the Sheriffs Deputies Associations, along with hundreds of dollars for the disincorporation effort and that leader,who is also here tonight;he said you kicked the can and Mike Jackson is gone;he suggested Council keep kicking the can and kick it all the way through to forming our own police department; said hundreds of thousands of cities across this nation have done the same thing;said our Sheriff said he is doing it cheaper than we would but questioned how that could be the case; said it could only be if he is taking that money away from the rest of the Spokane County taxpayers and us,to undermine our own effort. Mr. Rob Chase, Spokane County Treasurer, from Liberty Lake: said he came to this Council last summer asking Council to send a resolution to Representative Cathy McMorris-Rodgers and our two U.S. Senators urging them to vote no on trade promotion authority,to fast-track the Trans-Pacific Partnership Agreement; said Council declined at that point; said now that this issue has been publicized,the public can see how bad it is;is over 5,000 pages and affects the way all governments conduct business;said that the City of Spokane unanimously passed a resolution opposing the Trans-Pacific Partnership Agreement; said he is aware Council has a draft resolution, and he urged Council to put in on an agenda for a vote in opposition to the Trans-Pacific Partnership Agreement. Mayor Higgins asked Mr. Chase about the timeline for action in Congress, and Mr. Chase said trade promotion authority is ninety days; but it could be extended,and some people think that it may not even pass by a lame-duck congress until after the next election; said the legislation was written by unelected mega corporations and he feels it is not good for anyone. Minutes Regular Council Meeting:03-08-2016 Page 2 of 10 Approved by Council:04-12-2016 Mr. Rob Lee: said he lives in Elk and the City of Spokane Valley; referenced his two handouts; he commented on the importance of oversight; said he was here last week and the Sheriff had members of his citizens advisory board here, he said there are two more positions on this board and he offered them to Council; said if that's not his board, how could he make that offer; said as noted in the handout,the Sheriff said he wants an ombudsman oversight in 2014 for himself;said only after his son filed a lawsuit in Spokane County for not receiving his mental health medications, did this ombudsman issue came about; said it is a sham and Council needs to look at it. Ms. Mary Pollard, Spokane Valley: read her statement: "I'm watching men I once trusted lose yourselves and our respect, as you disconnect people from justice and participation in what should be nonpartisan discourse. Ed posted Bonhoeffer's quote that silence in the face of evil is evil itself. God will not hold us guiltless. Well, I've heard a lot of silence. I see no resemblance to Bonhoeffer. You're all men of faith,yet your silence speaks louder as fellow councilmen are bullied, threatened, and called co-murderers, while glibly fomenting more strike in the name of taking back our government.Mayor Higgins' Facebook doesn't refute Shea's posting tying Gothmann's vote against a non-sanctuary city ordinance to mean he does not support the constitution and the rule of law. That's absurd.Your oath of office is to serve with impartiality. Silence is not courage but agreement — the silence of evil growing. I decry the firing of Mike Jackson without cause, that's cast a shadow on his good name but also on yours as well. Mike served the citizens, understood our issues and problems and solved many of them. He hired ethically capable people to lead departments that are now responsible and transparent due to his excellent management and leadership. A healthy community was growing. There has never been a greater need for local stability. Yet, despite real international threats and potential local emergencies,you are working like an enemy of peace,to radicalize factions and divide the community like wolves — without conscience killing a good man's career. It's irrational stating it had nothing to do with performance but diverging opinions over city goals.Nonsense— That's your job. Are you willing to sacrifice the community for your personal crusade—a cause that isn't afraid to do harm? In God's kingdom we are never to behave as wolves. It is ethically bankrupt to reward Jackson's faithfulness with betrayal.I'm grieved at your lack of shame.It's an affront to the gospel of peace and reconciliation. You cannot salve your consciences claiming this is like the Council firing of Mercier. No comparison—Community outcry was an election to be rid of SARP and begin fresh with a new manager. No surprises. None of these dynamics exist with Jackson. You are so far right you are tipping the scales towards anarchy. What should we believe? You Shout, "Less government" while working to create the worst offenses to liberty—a non-elected appointed committee—to provide surveillance of the public safety of our community,wanting lack of experience as a prerequisite. You're parroting patriotic words—wanting more transparency yet behaving without any. We the people expect council to keep your oath to follow the laws of the state. The rules demand grant monies must be spent for what they are intended but we hear you question why it can't be spent as you wish, as if it's some federal or state overreach of authority. That's accountability. . . . . I'm asking you to humbly serve to unite us as community—as instruments of peace— remember the staff and we the people are the heartbeat of this city." Mr. Gary Babock, Spokane Valley: said he experienced the street sweeper out when there was two to three feet of snow; on another matter; said he wants this city to be separate from Spokane City and would like to see signs up where the city lines are, showing coming into and leaving Spokane Valley; and said he would love to see us have our own oversight committee and our own police department. Mr. Allan Creech, Spokane Valley: said he manages the Greenhouse; said proper functioning depends on facts and said we desperately need an independent oversight committee of all the independently contracted agencies; said there have been several misstatements and erroneous statements; and that the community believes there is a need for an unbiased committee; said the Sheriff's Board is the Sheriffs;that due to law enforcement activities the community calls into question the objectivity of the current review board as it confirms and mirrors the Sheriff's own investigations; said the message is clear—don't change what I do Minutes Regular Council Meeting:03-08-2016 Page 3 of 10 Approved by Council:04-12-2016 or it'll cost you money; said the Sheriff's Office is on record as being unable to address the exploding epidemic of property crimes here. Ms.Kayleni Bonner,Spokane Valley;she encouraged Council to support the creation of their own advisory council; said some feel the citizen's advisory board is currently sufficient, but if you read the bylaws there are some troubling things such as the name; it is the Spokane County Sheriff's Office so is it the people's or the Sheriff's; that they serve under the authority of the Sheriff and all other functions are irrelevant as they only function when the Sheriff needs or requests something; said he can recommend members and has the authority to disband the board without notice at any time; that they can have closed meetings as determined by the Sheriff; and said she feels a truly independent oversight committee promotes trust and civil rights protections. Gene Strunk, Spokane Valley: read his statement: "discriminatory practice and cronyism; any employee of this city who faces being unable to perform their duties due to injury or health,is allowed about 25 weeks of medical coverage and wage adjustment; after 25 weeks the employee is terminated and health coverage stops. Recently I was shocked to hear that a former councilman elected in 2014, is still receiving full pay and benefits after 80 weeks of being absent. The councilman has not been in attendance since November of 2014, a year and a half with no present stipulation for ending this coverage at any time other than I presume, death.A substitute councilman was appointed for one year and his appointment ends June of this year. He also receives full pay and benefits. City employees are not allowed substitutes. The intentional manipulation of the excused absence rule is blatant cronyism and a deceitful practice that needs to be stopped immediately. The prior administration allowed this abuse of our city employees for over a year; worse,the total disregard for the taxpayer's wallet;this elitist mindset now has put the City in a position of defending future litigation for future employee claims based on discrimination toward the working class of our City.This has to stop. Further,the City is self-insured with a pool of cities and this practice has to lead to an experience rating adjustment costing employees currently and in the future more for their health coverage. I would ask that you stop all coverage past what a full time employee would receive, you are treating them differently; second, a comprehensive rule defining benefits for a council person especially addressing absences,excused or unexcused. In closing,the prior administration approved and allowed this discrimination toward our employees and I hope you investigate it, stop it and institute rules that will not allow it ever again." Ms.Nina Fluegal,Spokane Valley:said as Council is getting ready to look at the comp plan for development and increased population,that she wanted to remind them about for the good of many the expense of one, and is it worth it; said in her opinion it is not. She said certain things will have to change, especially with building codes; said she bought her house in 2006 on 4l' Avenue, the City rezoned that section from the north side of 4th to Sprague, and from where the City begins to where it ends; said she didn't know about that change when they bought the house;that her property was part of the development that began in 2014, by a builder here in Spokane; said the problem is,the property next to hers is larger,so there was only room for phase 1; so the problem now is that at 12 units per acre he has come to his limit based on zoning; that is phase 1; phase 2 is about to be introduced with the help of the comp plan; said if it is rezoned to MF-2 it will go from 12 to 22 units per acre, and people on 3`1 lane are about in the same position;they're going to be in the same position if that zoning is allowed. Said she thinks that if people are planning to build more than one phase, they need to apply for a zoning to accommodate their future plans as well; and not build something that they are allowed to build and then come back for more; said there is something wrong with that; said she lost$20,000 in property value and can't even sell her home. Ms. Trish Abraham, Spokane Valley: said about this time last year she put in for a comp plan amendment on the corner of Flora and Mission, and at that time, when it had its first hearing, there were five councilmembers present,and when she left that, she understood that it passed with a three to two vote; and then later they were called and told it did not meet the majority vote because it had to have four yes votes Minutes Regular Council Meeting:03-08-2016 Page 4 of 10 Approved by Council:04-12-2016 in order to pass; said it was reheard with six councilmembers and it resulted in a three to three tie vote; she said the City's code states that the decision must be made on the application by a majority vote of its membership, the city shall (1) approve the application; (2) disapprove the application; (3) modify the application and if a substantial modification, Council must conduct a public hearing or(4)refer it back to the Planning Commission for further consideration. She said leaving it a three to three tie is not an answer and she asked Council to look into this and would like to get her money's worth of the permit she paid for. Ms. Jayn Courchaine: said she is the owner of the property her daughter just spoke about; that when they did this, it went through the Planning Commission which thought it was a good idea;and they went through all the processes and even talked with the neighbors; she said they handed in a letter to the board but it was never looked at and it seemed it didn't matter what they said or what they presented as it appeared decisions were already made before the hearing;said she feels this was cronyism as the decisions were already made; said decisions should not be pre-decided prior to a hearing and said she felt there were some pre-decisions; also said you have to have a majority and when you have a three to two you think you have it, but there were supposed to be seven people there and there were five, and one person never came back and another probably should have recused himself because it was the business he was in and he was located within two miles of her; said it was never decided and they have spent more money on legal issues; but it seems it will take two or three years and a lot more money, but there was never a decision and that she would like it put before this board again now that there are seven people on this board. Mr. Scott Maclay: said there is a councilmember,doesn't want to point him out,but would like him to step up and address an article in the Spokesman Review recently about claiming that he has a residence at 27 W Sumner that was used for the purpose of getting a building permit; said it bothers him that someone who was our mayor and a councilman would do that and said he would like to hear from him about the circumstances surrounding that and if there's any kind of lending going on in place that states that you have to be a resident of that property as you stated with the City of Spokane, to live there to get that loan, and said he would appreciate a response. Mayor Higgins reminded Mr. Maclay that this is not a debate. Ms. Mary Pollard : said she was neighborhood chairwoman and knows Trish and Jayn;that originally they wanted to do a trailer park, and because of all the development by the Indiana Couplet, a storage facility was thought to be a good use; initially the idea was opposed by some but because we knew where it was situated, and they weren't going to do something else, the neighborhood would be in support of what they waned to do and she encouraged Council to give them a full positive vote. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion:I move to approve the Consent Agenda. a.Approval of claim vouchers on March 8, 2016 Request for Council Action Form Totaling:$503,559.96 b. Approval of Payroll for Pay Period Ending February 29, 2016: $414,147.93 c. Approval of February 23, 2016 Council Meeting Minutes, Special Meeting It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the Consent Agenda. Mayor Higgins called for a recess at 7:00 p.m.; he reconvened the meeting at 7:14 p.m. NEW BUSINESS: 2. Motion Consideration: Bid Award,32nd Ave. Preservation Project—Steve Worley It was moved by Deputy Mayor Woodard and seconded to award the 32"d Avenue Preservation Project contract to Inland Asphalt Company as the lowest responsive and responsible bidder, in the amount of $1,249,249.49 and authorize the Deputy City Manager to finalize and execute the construction contract. Mr. Guth, standing in for Mr. Worley, explained the project and the bid outcome, after which Mayor Minutes Regular Council Meeting:03-08-2016 Page 5 of 10 Approved by Council:04-12-2016 Higgins invited public comment.No comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed: None. Motion carried. 3. Motion Consideration: FMSIB (Freight, Mobility Strategic Investment Board)Grant—Eric Guth It was moved by Deputy Mayor Woodard and seconded to authorize the Deputy City Manager to apply for FMSIB grant funds for the Argonne Road and I-901 C Bridge Widening Project. Director Guth went over the proposed project as noted in his March 8, 2016 Request for Council Action form; mentioned that staff will continue to look at other grants to help pay for the match; and noted the March 14 grant application deadline. After brief Council discussion, Mayor Higgins invited public comment. Ms. Nina Fluegal said she thought the City was working to find funds to fund the overpass to relieve congestion; said Sullivan is still a work in progress and it seems like it will never be finished; and she suggested trying to find some funds for the Pines over or underpass.There were no other public comments. Mr. Guth said this project is for 2017 and beyond; and explained that the bridge on Sullivan will be completed this fall; concerning the Pines underpass, said they are looking at other grants as the project is estimated at $18 million. Vote by Acclamation:In Favor: Unanimous. Opposed: None. Motion carried. PUBLIC COMMENTS: Mayor Higgins invited public comments. Ms.Krisinda Marshall: extended thanks for everyone who has listened to her over the last few months; said the City of Spokane doesn't allow that so she appreciated being heard. Ms. Kayleni Bonner, Spokane Valley:concerning Mr.Chase's comments,she encouraged Council to engage in lobbying to support efforts that it not pass, as the biggest concern is loss of our form of government and handing things over to global courts behind closed doors. ADMINISTRATIVE REPORTS: 4. Spokane Regional Law&Justice Commission Update—Cary Driskell City Attorney Driskell introduced Ms. Jacqueline van Wormer of Washington State University who was recently named by Spokane County as permanent administrator for the Law and Justice Council for the Spokane Region. Via his PowerPoint, Mr. Driskell went over the historical background of the SRLJC including Spokane Valley's participation, mentioned the members and subcommittees, mission statement, adopted goals,the MacArthur Foundation Grant program,the Risk/Needs/Responsivity concept,enhanced pre-trial services program, racial equity toolkit, social workers in the public defender office, prosecutorial diversion, bail reform,jailhouse courtroom idea, technology existing and needed, and portability project. In response to a Council question, Ms. van Wormer said that all the meetings are open and the community is welcome to attend. A question arose about the cost for the models mentioned, and Ms. van Wormer spoke about the foundation and with greater efficiencies in the justice department, funds would be re- directed toward positions. She also extended appreciation to Mr.Driskell for his countless hours of donated time as part of this Council. 5. Retail Improvement Study—John Hohman, and Community Attributes,Inc. Director Hohman introduced Mr.Mark Goodman,Planning Analyst from Community Attributes,Inc. Mr. Hohman also noted that this topic would be discussed again at the workshop as well as over the next several months. Mr.Goodman went over the highlights of the Retail Improvement Strategy,including background, retail trade area, retail sales and trade capture, strategic themes, and stakeholder engagement and strategy; he explained that the purpose of the project is to provide data on the City's retail trade area, demographics and trends, and retail spending demand and use that as a tool to attract businesses and facilitate growth. 6. Tourism Enhancement Study—John Hohman, and Community Attributes, Inc. Director Hohman, along with Mr. Goodman, explained that this is an overview of what's going on to date, and a preview of what's going to happen tomorrow morning at the stakeholders meeting. Mr. Goodman went over the highlights of the Tourism and Lodging Analysis,including the project approach and purpose, phase 1, tourism impacts and lodging tax primer, lodging tax collections, tourism employment, lodging Minutes Regular Council Meeting:03-08-2016 Page 6 of 10 Approved by Council:04-12-2016 data,tourism inventory, strategic themes,engagement efforts with stakeholders, survey excerpts,strategies and project examples, and a few case studies. Mr. Hohman mentioned that these two studies combined provide the backbone of the economic development strategies as the City works toward the comprehensive plan review. At approximately 9:00 p.m., it was moved by Deputy Mayor Woodard and seconded, to extend the meeting to 10:00 p.m. Vote by Acclamation: In Favor: Mayor Higgins, Deputy Mayor Woodard, and Councilmembers Grafos, Pace, Hafner, and Gothmann. Opposed: Councilmember Wood. Motion carried. 7. Accomplishments Report—Mark Calhoun Mr. Calhoun started the accomplishments report, but after several technological difficulties with the PowerPoint,and due to the lateness of the evening,it was decided to postpone this report to a future meeting. Mr. Calhoun mentioned that a substantial portion of the workshop next week would focus on the various aspects of public safety. 8. Advance Agenda—Mayor Higgins Councilmember Pace said he would like to see the item that Councilmember Grafos brought up about triggering an investigation into the actions taken February 23, but that it should start with a Council discussion including the process and the various rules, Robert's Rules of Order, the Governance Manual, the Revised Code of Washington, the City Municipal Code, and see if there are any flaws there, and then talk about the processes that were used and to compare the process to what happened January 5,2010,when a similar action was taken, and then look if there are any accusations being made, and then go on to see if an investigation is needed. Councilmember Grafos said he would like to go forward with that, and also to enter into the record, his reasons for not attending the executive session this afternoon, which he said was obviously related to this issue; said he would like to put into the record the reasons and the chronology of what happened with the City Manager's termination, and thinks it should go to the press and the public. In response to a question from Councilmember Hafner about Councilmember Grafos' original proposal, as he thought Mr. Grafos was requesting a private or different agency to come in and do all that rather than this Council. Councilmember Grafos said that his motion was that the City Council commission an immediate independent investigation into the procedure and process taken to suspend and terminate City Manager Mike Jackson; and said these are the reasons why he felt he could not attend the executive session. Councilmember Pace said he feels in that discussion, Council should discuss Mr. Grafos' document and then vote on his motion. Councilmember Hafner asked if that could be put into an agenda item, Mayor Higgins replied that is where this is going, and Mr. Hafner suggested putting that in an agenda item, and having conversations at that time, and asked if that was legal. City Attorney Driskell said he doesn't see any issues with the legality of that, but suggested if Council seeks an independent investigation,that they might want to allow that to happen rather than do a lot of things ahead of that which could change the approach and analysis; he said there were a series of events in and around the meeting of February 23, and he understands that some of the Councilmembers are interested in finding out what lead up to that and what happened and whether there were any potential violations of Washington law; and said if that is the case, he would suggest if Council is interested in an independent investigation, perhaps the best course of action would be to determine whether they want it to happen and if so, allow that to happen without some of the other things going on. Councilmember Pace asked how Council could decide whether they want to do it unless there is a discussion first. Councilmember Hafner said he thinks the intent of the independent person is to clarify and clear up any misconceptions Council may have that have happened since that particular date;and to get someone outside this Council and City to make that analysis. Councilmember Pace replied that he is not saying Council should not do that,but is saying that he wants a discussion first. Mr. Driskell said staff can draft a proposal Minutes Regular Council Meeting:03-08-2016 Page 7 of 10 Approved by Council:04-12-2016 as to what the scope of such investigation would be for council consideration, it would probably be relatively general so as not to unduly constrain it; but that would be up to council. Councilmember Gothmann said the first question he would ask is,what is the intent;that one of the intents would be Council just wants to know what happened; said he can't think of any other intent that would be valuable, and perhaps second, Council could learn from it. Councilmember Grafos said he thinks the way to do that is to have an independent person come in and start with the events that happened in Mr. Jackson's office, how it happened, and look at it carefully to see if any laws were not followed; and it might be a learning experience;said Council has to follow the law; said having an independent person who doesn't have an axe to grind,and is not political,and that it would be very relieving and that he thinks we owe that to our citizens as people are asking how and why this happened. Mr. Driskell said if it is Council's desire, staff can draft an agenda for two weeks out,and define some parameters,to then discuss it and have the motion,either the same agenda or one to follow, whichever is Council's preference. After further discussion on a future agenda item,Deputy Mayor Woodard suggested from a scheduling standpoint,it might be more appropriate for the March 29 meeting. Councilmember Gothmann said his concern is he does not want to harm the City and would prefer to come back and have our legal department come back with some drafted parameters, and maybe some advice relative to the law and the effect it has on the city; so he has no problem with a two-step process. Councilmember Hafner said no one wants to harm the city,but we need to clarify for the public what went wrong, as there have been some innuendos, and many e-mails and phone calls, so once this is clarified it will be much better for the city, and that finding out the truth for the city will be much better; he said he doesn't understand why there is such a problem of having someone else take a look at this and reporting back their findings. Deputy City Manager Calhoun asked if there is Council consensus to bring this back as an admin report on the 22nd and a motion on the 29th? Although there were no objections, Deputy Mayor Woodard said since there are pending actions ongoing, he would suggest caution be exercised as to how that could affect those pending actions. Council concurred for an admin report on the 22"d, and a motion on the 20. Councilmember Pace said based on comments heard tonight, he would like Council to re-visit the rezone of Flora and Indiana; that there are some things Council might want to re-examine and if needed, fix any errors. City Attorney Driskell said staff would be happy to bring information from the staff as staff might not agree with the assessment provided by the property owner;he said they communicated with the property owner and her attorney following that event; adding that it might be that the City has an opportunity to examine that within the context of the ongoing comprehensive plan update; so there may be an opportunity for Council to consider that in the near future. Councilmember Wood said for a future meeting, he would like a resolution opposing the TPP, and that draft copies of that resolution have been placed at the Council dais. Councilmember Gothmann said he is not familiar with the TPP and insisted that someone from both sides of the issue make a presentation to Council,and then consider the issue,as he doesn't want to just hear one side;said he would rather not delve into issues not associated with the City as we have enough City issues to keep up with, and doesn't and can't keep up with what the State of Washington or Congress is doing. Mr. Wood said Mr. Chase would probably come back and talk about the issue, and at Mayor Higgin's request, will ask if Mr. Chase knows of someone in favor of the TPP to come talk to council. Mr. Calhoun said providing there is Council consensus to proceed with this, that he can work with the agenda committee to determine when this can come forward; that based on the size of the document, it is not realistic for staff to read and disseminate that entire document given staffs current workload. Mayor Higgins agreed and Council concurred; and Councilmember Wood said he thinks he can get people to speak on both sides of the issue. Councilmember Wood also spoke about the noise of the train horns and said he would like to have discussion about that. Councilmember Gothmann said this has been before Council numerous times. Mr. Calhoun said at next week's workshop, TIGER and other grant programs will be discussed for grade Minutes Regular Council Meeting:03-08-2016 Page 8 of 10 Approved by Council:04-12-2016 separations projects at Pines and Barker; and said there have been numerous presentations to Council concerning quiet zones which can be brought up at future meetings. Councilmember Hafner said he wishes to enter into the record his reasons for not attending the executive session earlier this afternoon; and said he has copies for the Clerk for the record, as well as for the Deputy City Manager and City Attorney. Deputy Mayor Woodard said he would like the topic of annexation to come forward at some point. City attorney Driskell said that will be included within the context of the comprehensive plan as the policies and goals are discussed and developed,and that a coming attraction is already planned. Deputy Mayor Woodard also spoke of the RFQ (request for quotes) for marketing, that he realizes there were nine applicants, that he believes those applicants have been narrowed, and he asked about the possibility of some discussion about the narrowed numbers and whether Council will have an opportunity, or some member of Council who can be involved with some of that before it is brought forward to Council as a final action.Mr.Calhoun explained that through Community and Economic Development, the City has issue an RFP (request for proposal)for planned advertising services;nine responses were received and staff reviewed them and short- listed that to four to interview; said this would ultimately lead to the selection of the consultant to help put forward the City's marketing plan; that this team consists of Mr. Hohman and some of his economic development staff, and Mr. Calhoun; he said that whoever is ultimately selected,this would fall within the City Manager's contract signing authority and so would not come to Council,and he asked if Mr.Woodard were recommending that a Councilmember be involved with the staff effort. Deputy Mayor Woodard replied yes,at least on the final four to have some input;said he thought at some point last year,that Council was going to help formulate what it is we wanted out of a marketing contract since it is more than just advertising; and to have a councilmember look at what's already been interviewed, and asked if that would be an appointment made by the Mayor. Councilmember Gothmann replied that it appears Mr. Woodard is trying to inject himself into the administrative function,as it is their job to bring one person to Council;and that any other influence Council has in that process would be a pollution into that process; and if a councilmember were on the committee,people could accuse use of political influence in the selection which would be illegal;said he prefers keeping politics and administration separate. Deputy Mayor Woodard said it is not politics,but whether staff captured what it is Council wants to do with a new contract or marketing strategy. Councilmember Grafos agreed with Councilmember Gothmann; said Council is the legislative branch and not the administrative branch. At approximately 10 p.m., it was moved by Deputy Mayor Woodard and seconded to extend the meeting an additional ten minutes. Vote by Acclamation: In Favor: Mayor Higgins, Deputy Mayor Woodard, Councilmembers Grafos, Pace, Gothmann and Hafner. Opposed: Councilmember Wood. Motion carried. City Attorney Driskell said Council has not participated in any contract selection issues or advising on a preference for quite some time, that in the early days of this City's formation, Council did from time to time,participate on some things like this;said it is not anticipated to come back to Council,but you wouldn't want to have a Councilmember voting on one side on a preliminary recommendation,and then also voting again,which could be seen as having some undue influence; said he thinks that an argument could be made that there is some edging into the administration function in doing this, but this is something Council had identified a strong interest in; said he is rather ambivalent about it and doesn't have a strong opinion; that he tends to usually see things as black and white: on one side is administrative,and on the other,legislative; and as much as possible to keep those separate so as not to get into allegations. Mr. Woodard said Council has had no opportunity to set policy on where we were going or what we want to have on new marketing, branding, advertising, strategies, etc. and that he realizes it is within the current manager's authority, but there wasn't any policy discussion at all as to what Council was looking for; but if Council doesn't want to do it that's fine. Councilmember Pace said he would like to have the Mayor appointment someone. Mr. Calhoun said that Mr.Hohman mentioned to him that as part of our workshop next week he has an extensive presentation on economic development efforts, and this will be included. Councilmember Hafner said he Minutes Regular Council Meeting:03-08-2016 Page 9 of 10 Approved by Council:04-12-2016 feels Council should be careful and have a separation on administration and policy; said we don't need to carry this through and he doesn't want to set a precedent. Mr. Calhoun said he anticipates this contract will be well within the City Manager's authority, but since this is of great interest to Council, the contract can be brought forward to Council with a staff recommendation. Deputy Mayor Woodard agreed. Deputy Mayor Woodard said he would like to have the property across from Maribeau Meadows Park,the lot owned by the City,on an upcoming agenda to discuss the weeds and what can be done with the property; said it should be easy enough to bring back what was discussed before, and have further discussion. Mr. Calhoun said that also is something that can be brought up through the comp plan process. Mr. Driskell said it would potentially require a comprehensive plan designation change, so there are limitations on what we can do; and Deputy Mayor Woodard said he would like to have some discussions on what we might want to do with that so there is some direction. Mayor Higgins mentioned the draft letter on the dais to the Governor recommending he sign our nuisance abatement bill;and he asked if there were any objections to Mayor Higgins signing the letter. No objections were voiced. CITY MANAGER COMMENTS Mr. Calhoun had no additional comments. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. The meeting adjourned at 10:04 p.m. ) o-c ,, 4 ___ ��r , ATTEST. L.R. iggins, • . or , 14),,, 1\.A /46:1;—74 e_ hristine Bainbridge, City Clerk Minutes Regular Council Meeting:03-08-2016 Page 10 of 10 Approved by Council:04-12-2016 GENERAL PUBLIC COMMENT SIGN-IN SHEET01° SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, March 8, 2016 GENERAL CITIZEN COMMENTS YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTE Please sign in if you wish to make public comments. NAME TOPIC OF CONCERN YOU YOUR CITY OF RESIDENCE PLEASE P ° k NT WILL SPEAK ABOUT 74 Ccu%%l'n'h /"C!/9�( ,...C-;:'2," C C/Ue'v i y 1 7G/-(icc' (/i%/(c" y y )‘Po� Gk e-.�� , P ��;� ec -�- L 1 �: 47 y\ 17d.1W 2 1' / 7 �Z� Z �"/ ��C �� i b''-& ��Cc cif/f(yke i t — 1/4-1 I(J y 14 (,Q�?_J r _ - , �� , V / ' - ,�'1c. - re J U // S r )C.A.ki\ o,r‘( a)nt-vr- T ('-()' (bnk rp nkrtar (3\f-ecs ,: c.\\A .k---- sr66-, Vct( L -il et- - - ,._s,,Q,,,,, i,J Please note that once information is entered on this form, it becomes a public record subject to public disclosure. Mary Pollard 17216 E Baldwin Ave., Spokane Valley, WA 99016 I'm watching men I once trusted lose yourselves and our respect, as you disconnect people from justice and participation in what should be non- partisan discourse. Ed posted - Bonhoeffer's quote that silence in the face of evil is evil itself. God will not hold us guiltless. Well, I've heard a lot of silence. I see no resemblance to Bonhoeffer. You're all men of faith, yet your silence speaks louder as fellow councilmen are bullied, threatened, and called co-murderers — while glibly fomenting more strife in the name of taking back our government. Mayor Higgins' facebook doesn't refute Shea's posting- tying Gothmann's vote against a non-sanctuary city ordinance to mean he does not support the constitution and the rule of law. That's absurd. — Your oath of office is to serve with impartiality. Silence is not courage but agreement — the silence of evil growing. I decry the firing of Mike Jackson, without cause, that's cast a shadow on his good name but also on yours as well. Mike served the citizens, understood our issues and problems and solved many of them. He hired ethically capable people to lead departments that are now responsive and transparent due to his excellent management and leadership. A healthy community was growing. There has never been a greater need for local stability. Yet, despite real international threats and potential local emergencies - you are working like an enemy of peace, to radicalize factions and divide the community like wolves —without conscience killing a good man's career. It's irrational stating it had nothing to do with performance but diverging opinions over city goals? Nonsense - That's your job - Are you are willing to sacrifice the community for your personal crusade — a cause that isn't afraid to do harm? Mary Pollard 17216 E Baldwin Ave., Spokane Valley, WA 99016 In God's kingdom work we are never to behave as wolves. It is ethically bankrupt to reward Jackson's faithfulness with betrayal. I'm grieved at your lack of shame. It's an affront to the gospel of peace and reconciliation. You cannot salve your consciences claiming this is like the Council firing of Mercier. No Comparison — Community outcry was an election to be rid of SARP and begin fresh with a new manager. No surprises. None of these dynamics exist with Jackson. You are so far right you are tipping the scales towards anarchy. What should we believe? You shout, "Less government " while working to create the worst offenses to liberty — a non-elected appointed committee —to provide surveillance of the public safety of our community, wanting lack of experience as a prerequisite? You're parroting patriotic words - wanting more transparency yet behaving without any. We the people, expect council to keep your oath to follow the laws of the state — The rules demand grant monies must be spent for what they are intended but we hear you question why it can't be spent as you wish, as if it's some federal or state overreach of authority. That's accountability. Another posting: Driver's licenses questioned as necessary, begs the question of what do you think encompasses public safety. I'm asking you to humbly serve to unite us as community — as instruments of peace — remember the staff and we the people are the heartbeat of this city. Knezovich wants ombudsman oversight for his department 1 Spokane - KXLY.com Page 1 of 5 You are not currently logged in Log In Suh, i. 4 Stages to a Heart Attack tri., ' 4 Signs ngagemen� !., The Cardiac Killer E / fie KX LY 7 Day Forecast)Video Forecast)Alerts)Radar' .07,,,c.„. ,,,,r O Weather)School Closings(1) '..--.4'-, sptiLcrxl.Coeur d'Ale x1 SPOKANE 40°COEUR D'ALENE 37° =- HOME NEWS WEATHER SPORTS ENTERTAINMENT HOME&FAMILY FEATURES VIDEO COMMUNITY SPOKANE NORTH IDAHO NORTHWEST NATION/WORLD MONEY POLITICS ALERT CENTER Knezovich wants ombudsman oversight for his + 147. � a ,' department c� vur°rrn��q�`'�'� `� �' Author:Jeff Humphrey,KXLY4 Reporter,jefthu@kxly.com �' �"•Y"•I644 x Published On:Oct 14 2014 06:37:18 PM P011 Updated On:Oct 14 2014 06:40:50 PM PDT SHOP NOW "+',y' 1,1 *x. 'i«y L i_�"r," 'r' at Spr+ +_^p3 .. _._ .,- 4 a al u r $ „ERi yp ',{ ; k' v,k»1 "xR , r x . .Y.... to r1 p -ior ft a t a ,'off 19 1 y.,•a r i n.. . '2 ,ir x7 '' n k M .,.`"i'','.. aav„t2'� '''nu., co-:,a"' -A p .1 1 '�t4, • Advertisement ° +' �� ' ' , LOCAL NEWS HEADLINES a�. ;Y r �"' a uY „,,,,,,,?,:i,•., ..0,•,,,,•,.. Spokane man arrested in standoff used child as a r. 1 �t .- tf 1g shield �r ' ( s Rock slide blocks Hwy 20 near Republic ' ”x ' f+ , *�4 . L1�4+Ia I Deputies ask for help searching for missing man z , _ .4 .. e i .:0'i'' ''' �,e, Thousands in damage done in BB-gun drive-by shootings pf •,:,74. ''' t Chores row leads to son's arrest in mom's stabbing - -J4 2,a--,w' ,:1':''-•:;••••!'.4 ....°_'.'"' 4'61 .' Melee between suspect officer caught on Adam& n. 00:00 02:22 0 • K a Eve's surveillance video Knezovich wants ombudsman oversight for his department Inquest into orchard worker death in Pasco back on Hide Transcript Workers begin removing nuclear waste from Hanford THE SPOKANE SHERIFF SAYS HED LIKE TO ADD ANOTHER tank Workers begin removing nuclear waste from Hanford LEVEL OF OVER-SIGHT TO HIS DEPARTMENT BY HIRING AN tank OMBUDSMAN. Naked man caught vandalizing Sikh temple KXLY FOUR'S JEFF HUMPHREY WORKING FOR YOU TONIGHT SURGEONS HORRIFIED WITH A LOOK AT WHY OZZIE KNEZOVICH MAY NOT HAVE TO `''' LOOK FAR TO FIND A QUALIFIED CANDIDATE. THE SHERIFF SAYS THERE'S NO SENSE RE-BUILDING THE < 1 ?..i , WHEEL. 1. : S r.; HIS 3H ,] POLICE AND SHERIFF'S DEPUTIES SHARE THE SAME BUILDING, ` MOM'S S5 AT-HOME WRINKLE TRICK THAT BOMB SQUAD AND ARMORED PERSONNEL CARRIER CALLED THE ERASES EYE BAGS INSTANTLY[FULL STORY] Contact KXLY BEARCAT. E-NEWS REGISTRATION WHY NOT HAVE THE SAME OFFICE OF THE OMBUDSMAN. _ KXLY.com Email OZZIE KNEZOVICH/SPOKANE SHERIFF 12;27 you know jeff Newsletters D we've used the ombudsman over the past four years ailup for Breaking News; Daily Headlines,Severe Weather Alerts&more! about four time for some high profile cases. j qe6 . ✓�`-�'( -,!P'-_f./7_ Knezovich wants ombudsman oversight for his department I Spokane - KXLY.com Page 2 of 5 it's time to formalize that arrangement,because they've = -• The KXLY.com Message ;,....._..._ Hub done it for free for us 12;37 "� KXLY.com has launched a new ® ., system which has been set up KNEZOVICH ENVISIONS THE OMBUDSMAN FIELDING COMPLAINTS to make it much easier for you to manage all of your e-mail ABOUT THE SHERIFF'S OFFICE AND SITTING IN ON INTERNAL subscriptions. AFFAIRS INVESTIGATIONS. MOST POPULAR OZZIE 13;41 that's what im looking for. Articles Videos Galleries that third eye if you will to come in review,make Coeur d'Alene pastor shot at church.Police name sure that everything was done correctly 13;49 suspect. Post Falls police officer rescues suicidal man from NATS OZZIE PROTEST HOLDS BIN Spokane Street overpass AND BECAUSE EVEN THE SHERIFF HIMSELF HAS COME UNDER Spokane man arrested in standoff used child as a shield FIRE,TODAY HE ASKED IF A NEW OMBUDSMAN IS HIRED, Deputies ask for help searching for missing man THAT ANY FINDINGS BE REPORTED TO COUNTY COMMISSIONERS. Bernie Sanders'mega tax increases largest in peacetime history NOT SOMEBODY WEARING A BADGE. OZZIE 14;18 the reason i gave the presentation to the board was this now needs to come from them. this arrangement really can't be through the sheriffs FACEBOOK office if you truly want to have that independent oversight 14;31 krry.r '' News TODAY CITY OMBUDSMAN TIM BURNS SAID WITH A SMALL BOOST i X IN HIS STAFF. HE COULD REVIEW COUNTY COMPLAINTS AND USE OF FORCE CASES AS WELL. Be thefirst of your friends to like this TIM BURNS/OFFICE OF THE OMBUDSMAN 20;25 i think the art "taigas! strengths far outweigh the challenges and clearly the sheriff understands the value of that and it is the future of law enforcement oversight it's only going to strengthen the profession of law enforcement Advertisement in my opinion 20;38 SO NOW,WITH SOME CITY COUNCIL MEMBER'S APPROVAL, BURNS IS GOING TO CALCULATE JUST HOW MUCH AN OMBUDSMAN FOR THE SHERIFF'S OFFICE MIGHT COST. IT COULD BE A CONTRACT. OR THE COUNTY COULD BE CHARGED FOR EACH CASE THE OMBUDSMAN INVESTIGATES. COUNTY COMMISSIONERS WANT TO SEE SOME NUMBERS FIRST ...BUT ONE DAY BURNS ENVISIONS HAVING A REGIONAL OMBUDSMAN SERVING BOTH LARGE AND SMALL POLICE DEPARTMENTS IN OUR AREA. REPORTING IN SPOKANE,JEFF HUMPHREY,KXLY FOUR. SPOKANE,Wash.-Spokane County Sheriff Ozzie Knezovich said he'd like to add another level of oversight to his department by hiring an ombudsman,and,not wanting to rebuild the wheel,is looking to hire Spokane ombudsman Tim Burns for the job. Knezovich wants ombudsman oversight for his department I Spokane - KXLY.com Page 3 of 5 Knezovich thinks Burns is doing a fair,impartial job reviewing Spokane Police Department complaints and asked county commissioners Tuesday if Burns couldn't scrutinize the actions of his deputies as well. "We've used the ombudsman over the past four years about four times for some high profile cases.it's time to formalize that arrangement,because they've done it for free for us,"Knezovich explained. He envisions the ombudsman fielding complaints about the sheriffs office and sitting in on internal affairs investigations. "That's what I'm looking for,that third eye if you will,to come in,review,make sure that everything was done correctly," Knezovich said. Because even the sheriff himself has come under fire,he asked if a new ombudsman is hired,that any findings be reported to county commissioners,not somebody wearing a badge. "The reason I gave the presentation to the board was this now needs to come from them.This arrangement really can't be through the sheriffs office if you truly want to have that independent oversight."he said. Burns said Tuesday that with a small boost in his staff he could review county complaints and use of force cases as well. "I think the strengths far outweigh the challenges and clearly the sheriff understands the value of that and it is the future of law enforcement oversight.It's only going to strengthen the profession of law enforcement in my opinion,"Bums said. So now,with some city council members'approval,Burns is going to calculate just how much an ombudsman for the sheriffs office might cost.It could be a contract or the county could be charged for each case the ombudsman investigates. County commissioners want to see some numbers first but one day Burns envisions having a regional ombudsman serving both large and small police departments in our area. m 2014 KXLY.com.All rights reserved.This material may not be published,broadcast,rewritten or redistributed without prior permission. UP NEXT//4 things to know for March 7 FEATURED CONTENT Sponsored From John Legend-Underground premieres Wednesday on WGN America BY WGN AMERICA The must-see new show! Promoted Stories I Yi 're +end I ill!, I j} • r` y "rrvr N 1 1 1 M Donald Trump's Advice For Forget REITs.Invest in Real Hillary is ready to take on Wedding Pictures:What Paying Off Mortgage(It's Estate with Crowdfunding the NRA.Say you're with Were These Couples Genius!) ReallyShares her. Thinking? GneSmariPenny.com Paid for Hillary Victory Fund. Relation Blips hillaryclinton.coodgo You May Also Like More from KXLY.com • 'Bernie Baby'Died of SIDS,Family Saysme ties • Middle East business leaders are laughing off York rimes Trump--for now • 101 Jaw-Dropping Historical Photosioistrarted.net • Missing 4-year-old girl found;suspect in custody • 23 Unreel Photos Taken Before Most Tragic • Fugitive chews off fingertips to avoid identification Moments In HistoryLifeoaily.con, • Chores row leads to son's arrest in mom's stabbing • She Had No Idea Why The Crowd Was CheeringelueLienSports.corn • NYPD officers sprayed,bumed at end of manhunt Documents Prove Spokane County Sheriff Ozzie Knezovich Runs His Own Oversight Bo... Page 1 of 6 • Home • About PHS • PHS Recommended Books • Submit Content • Library • Surveillance and Tech • The Battle for Washington State search this site... P -d'atri t'utrich C-4 9 cle-ty For Liberty! • Editorials • Intelligence • Politics • PHS Radio • Weapons • Surveillance and Tech Home »Editorials » Documents Prove Spokane County Sheriff Ozzie Knezovich Runs His Own Oversight Board Documents Prove Spokane County Sheriff Ozzie Knezovich Runs His Own Oversight Board Posted by Kit Lange on Oct 13, 2015 12 comments Patriots in WA state are very familiar with Sheriff Ozzie Knezovich. His department is well- known for abuse of power, excessive use of force, and targeting of Constitutionalists—so much so, in fact, that local media have written feature pieces on the ongoing grudge between Sheriff Knezovich and patriots. The latest news out of the anti-liberty department is the result of a public records request made by Rob Lee, whose son was denied his Documents Prove Spokane County Sheriff Ozzie Knezovich Runs His Own Oversight Bo... Page 2 of 6 necessary medication while in the Spokane County Jail. It turns out that the Citizens' Advisory Board, a group of citizens that are supposed to be the civilian oversight of the sheriffs department, is literally controlled wholly by...wait for it...the sheriff himself. So much for oversight. From the document: The Advisory Board shall have no power or authority to investigate, review, or otherwise participate in matters involving specific Sheriffs personnel or specific Sheriffs office-related events unless directed to do so by the Sheriff. So, the Sheriff controls what the Advisory Board even looks at. They could start with asking why deputies openly and publicly state that Constitutionalists are a problem. The Sheriff may remove members at will at any time prior to the end of their term. If they were to actually try and hold him or his office accountable, for instance. The Sheriff has the authority to disband the Citizen's Advisory Board. Naturally, this would probably never happen, because as incompetent and hamstrung as it is, it still offers the Sheriff an opportunity to claim that he has "civilian oversight" in his department. It's in his best interest to keep the Board in play. All board members shall be appointed by the Sheriff and shall serve without compensation. Let's back up and look at the big picture. The Sheriff claims he has civilian oversight of his department. However, the oversight consists of a board composed of members he chooses, who he can remove at any time, and who are only allowed to investigate what he approves. That's not oversight. If that's not all, the minutes of the meetings show that the sheriff takes his control seriously. "Sheriff will get the speaker some talking points for the meeting[with County Commissioners, in support ofa taxJ"(page 50) "Ozzie and jeffplan to get together and determine a focus for this group"(page 63) "Sheriff distributed the officer involved shooting incident we will be reviewing: (page 74) • The sheriffgave the group a quick overview of the incident • We can take as long as we need to review(summer if needed) • Prosecutor has concluded this was a justified shooting" So the sheriff handpicks the board members, tells them what they can investigate and even what they'll discuss at their meetings, and yet the citizens of Spokane County are supposed Documents Prove Spokane County Sheriff Ozzie Knezovich Runs His Own Oversight Bo... Page 3 of 6 to believe that the department is not corrupt, it serves the public, and does not violate the Constitution in the commission of its duties. Cops have an extremely tough, thankless job. Oversight, however, is critical. Accountability must be maintained, and that accountability will never be found in a citizens oversight board that is run by the very entity it's supposed to be watching. CORRECTION: The initial edition of this article incorrectly stated that Rob Lee's son died while in Spokane County Jail. In addition, the KXLY article that is linked in this article also incorrectly states that his son died. His son was denied necessary medications. PHS takes great pains to report accurately and in this case, an incorrect media report wasn't caught. That's my fault and I apologize for that. I've corrected the article to reflect that detail correctly. Shari r5 ctxr� �E • 0 Tweet • 99 Share • 0 Share • 0 Pin • 0 Mail • 0 Share 2 Comments 4 4,, 1 T• . , jsbrodhead / 13 Oct 2015 Real, independent oversight can/should make the job of good officers/deputies easier. • REASONS FOR NOT ATTENDING EXECUTIVE SESSION SUBMITTED FOR THE RECORD MARCH 8TH, 2016 DEAN GRAFOS CITY OF SPOKANE VALLEY COUNCIL First, the Mayor and Deputy Mayor went into Mike Jackson's office and told him to resign. This was the Friday before, February 19. Certainly Mike Jackson thought he was being fired; he cleaned out his office that weekend. If the Mayor stated or implied that he had the votes to remove Mike Jackson, that would be a violation of the open public meetings laws. Second, the Mayor and Deputy Mayor then went into the deputy city manager's office, on February 19, right after leaving Mike Jackson's office, and informed Mr. Calhoun what action they had just taken against Mike Jackson, and directed Mr. Calhoun to take over at the next management staff meeting. This also could be a violation of law. The Mayor and members of this Council are not supposed to interfere with City staff, the law forbids it. So the Mayor and Deputy Mayor may well have violated that law as well. The Mayor's words as spoken to Mark Calhoun may reveal more about whether the Mayor indicated to Mike Jackson that he had the votes to remove Mike Jackson from office. Third, no one will investigate the actions of February 19-23 unless the City engages independent counsel, subject to the rules of professional conduct, to do it. The city manager can't do it; it is his suspension and the contacts with his subordinates that we need to have investigated. Right now it's the fox guarding the henhouse. If the Mayor and council majority are acting in violation of laws, the citizens and taxpayers of this community are entitled to know that, and there simply is not any other way to guarantee that. 1 Fourth, we owe it to Mike Jackson to do this. He received an outstanding evaluation from this very Council less than eight weeks before this Council, by a surprise motion, suspended him and demanded his resignation. He worked for this community night and day for nearly thirteen years, first as parks director, then as deputy city manager, and for the last six years as city manager, and to be summarily removed like this is not right. We owe it to Mike Jackson's successor, too. You just know that whoever the successor is, he or she will know that this majority will remove an outstanding, honest, hard-working city manager the flimsiest of grounds, or just at their whim. This does not do right by the citizens of our community. Finally, the citizens of this community need to know, we on the Council need to know, exactly who is calling the shots here. We know there was no warning. There was never any issue about Mr. Jackson's performance. We also know that the majority had no reason whatsoever to remove Mike Jackson. So who's idea was it? Who called this shot? I cannot believe, the business community cannot believe, the citizens of this community cannot believe, that the four members of the majority just independently, on their own, thought it would be a good idea to remove one of the best city managers in the state, all at the same time, without any communication with one another. For these reasons, I move that independent counsel be engaged immediately by the City to investigate the events leading up to the February 23 motion. No one who should vote against it unless they have something to hide. 2 REASONS FOR NOT ATTENDING EXECUTIVE SESSION ON 3/8/2016- IT IS MY OPIONION THAT THE FOLLOWING REGULATIONS WERE NOT ADHERED TO BY CERTAIN MEMBERS OF THE CITY OF SPOKANE VALLEY COUNCIL IN THE FIRING OF MIKE JACKSON. MANY OF MY COMMENTS WERE RECORDED ON 3/23/2016 DURING THE CITY COUNCIL MEETING. RCW 35A/13/130---WHICH STATES "THE CITY MANAGER SHALL BE APPOINTED A FOR AN INDEFINITE TERM AND MAY BE REMOVED BY THE MAJORITY VOTE OF THE COUNCIL" THIS WAS NOT PROPERLY EXECUTED BY THE MEMBERS OF THE SPOKANE CITY COUNCIL. THE CITY MANAGER WAS NOTIFIED OF HIS FIRING BY TWO MEMBERS OF THE COUNCIL...NOT BY COUNCIL RESOLUTION, AS REQUIRED BY LAW. RCW 42.30.060---ORDINANCES, RULES, RESOLUTIONS, REGULATIONS, ETC. ADOPED AT PUBLIC MEETINGS---NOTICE---SECRET VOTING PROHIBITED. AGAIN, IT IS MY OPINION THAT THE FIRING OF THE CITY MANGER ON A FRIDAY, PRIOR TO A RESOLUTION BY ALL MEMBERS OF THE COUNCIL ON THE FOLLOWING TUESDAY, ASSUMES THAT PRIOR DISCUSSION WITH THE MAJORITY OF THE COUNCIL TOOK PLACE. AND WERE IN VIOLATION OF THE RCW'S ---THE STATE OF WASHINGTON STATUTES. RCW 35A.13.140---DEALS WITH PROPER REMOVAL OF THE CITY MANGER WITH A PUBLIC HEARING AND IT IS MY OPINION THAT THE PROCESS AND PROCEDURES THAT WE WERE USED TO SUSPEND AND FIRE THE CITY MANGER WERE IMPROPER AND PERHAPS ILLEGAL. BY PARTICIPATING IN AN EXECUTIVE SESSION REGARDING POTENTIAL LITIGATION...WOULD PERSONALLY, IF THE SESSION WAS RELATED TO MIKE JACKSON'S TERMINATION, WOULD NOT ALLOW ME TO SPEAK FREELY WITH THE PRESS, COMMUNITY MEMBERS AND OTHERS... SIMPLY PUT, IT WOULD BE LIKE A GAG ORDER ON MY PERSONAL FREEDOM OF SPEECH. THE FIRING OF MIKE JACKSON WAS A POLITICAL MANUVERING BY MEMBERS OF THIS COUNCIL, AGAIN, IN AN IMPROPER MANNER. CHUCK HAFNER DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO. 16- A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, DECLARING OPPOSITION TO THE TRANS-PACIFIC PARTNERSHIP TRADE AGREEMENT. WHEREAS, the citizens of Spokane Valley strongly support international trade when fair rules of trade are in place and seek to be an active participant in trading with other nations, and seek to maximize the benefits and minimize any negative effects of international trade; and WHEREAS, existing trade agreements have effects that extend significantly beyond the bounds of traditional trade matters, such as tariffs and quotas, and can undermine Washington's regulatory authority and constitutionally guaranteed authority to protect the public health, safety, and welfare; and WHEREAS, the Trans-Pacific Partnership (TPP) currently under consideration in Congress was negotiated in secret by corporate trade representatives, lacking sufficient input from elected representatives, and without public disclosure of the provisions of the agreement even to members of Congress in violation of the democratic values of this country; and WHEREAS, only a few of the chapters of the TPP deal directly with trade, the bulk of the agreement instead establishing limits on food safety, health, environmental and land use policies, expanding patents, and eviscerating financial regulations; and WHEREAS, similar to NAFTA, the TPP includes an undemocratic system of corporate privileges including investor-state dispute settlement under which individual foreign corporations are given equal status with the sovereign governments signing the deal; and WHEREAS, investor-state dispute settlement allows corporate claimants to challenge governments' health, environmental and other public interest policies before extra judicial tribunals authorized to order unlimited compensation for lost profits to be paid for with taxpayer dollars; and WHEREAS,public health groups such as Doctors Without Borders and the AIDS research group amFAR have warned that the TPP could delay the introduction of generic drugs, boosting drug prices and ultimately costing lives; and WHEREAS, the TPP is a living agreement and threatens our ability to self-govern locally. NOW, THEREFORE, BE IS RESOLVED that the City of Spokane Valley opposes the Trans-Pacific Partnership Trade Agreement and urges our Washington State Congressional delegation to oppose this trade agreement. This Resolution shall be effective upon adoption. Resolution 16- Page 1 of 2 ) _ �8 r' DRAFT PASSED by the City Council of Spokane Valley, Washington this day of March,2016. CITY OF SPOKANE VALLEY L.R. Higgins, Mayor ATTEST: Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Resolution 16- Page 2 of 2