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cmd101221 Special Edmonds City Council Approved Minutes October 12, 2021 Page 1 EDMONDS CITY COUNCIL VIRTUAL ONLINE SPECIAL MEETING APPROVED MINUTES October 12, 2021 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Susan Paine, Council President Adrienne Fraley-Monillas, Councilmember Kristiana Johnson, Councilmember Luke Distelhorst, Councilmember Diane Buckshnis, Councilmember Vivian Olson, Councilmember Laura Johnson, Councilmember ALSO PRESENT Brook Roberts, Student Representative STAFF PRESENT Phil Williams, Public Works Director Dave Turley, Finance Director Jessica Neill Hoyson, HR Director Tom Brubaker, City Attorney Scott Passey, City Clerk Dave Rohde, GIS Analyst 1. CALL TO ORDER/FLAG SALUTE The Edmonds City Council virtual online meeting was called to order at 7:33 p.m. by Mayor Nelson. The meeting was opened with the flag salute. 2. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present, participating remotely. 3. APPROVAL OF THE AGENDA COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO APPROVE THE AGENDA IN CONTENT AND ORDER. COUNCILMEMBER BUCKSHNIS MOVED TO AMEND TO ADD AGENDA ITEM 5.1, PUBLIC COMMENT. City Attorney Tom Brubaker advised as this is a special meeting, nothing can be added to the agenda. Councilmember Buckshnis said it had been done before and offered to find the meeting. COUNCILMEMBER BUCKSHNIS WITHDREW THE AMENDMENT. MOTION CARRIED 6-0. (Councilmember K. Johnson was not present for the vote.) 4. EXECUTIVE SESSION: PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(I) Edmonds City Council Approved Minutes October 12, 2021 Page 2 At 7:34 p.m., Mayor Nelson announced that the City Council would meet in executive session regarding pending or potential litigation per RCW 42.30.110(1)(i). He stated that the executive session was scheduled to last approximately 10 minutes. Elected officials present at the executive session were Mayor Nelson, and Councilmembers K. Johnson, Fraley-Monillas, Buckshnis, Olson, Paine, Distelhorst, and L. Johnson. Others present were City Attorney Tom Brubaker. The executive session concluded at 7:45 p.m. 5. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION Mayor Nelson reconvened the regular City Council meeting at 7:46 p.m. No action was taken as a result of meeting in executive session. 6. COUNCIL BUSINESS 1. DEVELOPMENT SERVICES DIRECTOR- APPOINTMENT CONFIRMATION AND EMPLOYMENT AGREEMENT HR Director Jessica Neill Hoyson advised Mayor Nelson is recommending to hire Susan McLaughlin. She reviewed the selection process which included posting the position, 18 applications were received and reviewed for minimum qualifications, 5 met the minimum qualifications and were asked to submit written answers to supplemental questions. Four of the five chose to submit the written answers; she, Mayor Nelson, and former Development Services Director Shane Hope reviewed and scored the four applications and written answers. She, Parks, Recreation, Cultural and Human Services Director Angie Feser, and Public Works Director Phil Williams then conducted panel interviews and those applicants were scored and forwarded for interviews with Mayor Nelson. Following the Mayor’s interviews, he found all three acceptable to move forward to City Council interview. Prior to scheduling Council interviews, one candidate withdrew. The Council interviewed the two remaining candidates on September 20th as well as approved a request to move forward with only two candidates. After receiving feedback from the Council, Mayor Nelson selected Susan McLaughlin as his candidate. A background process was conducted that included a background check by a third party background contractor as well as reference checks, all of which she passed. A contract was then negotiated with Ms. McLaughlin and she is brought forward to Council for confirmation of her appointment. Councilmember Buckshnis relayed Councilmembers have received numerous emails. She asked the salary range for this position, relaying her understanding it was $125,008 to $167,524. Ms. Neill Hoyson agreed it was at a Range 20, the same as most other director positions. Councilmember Buckshnis relayed her understanding that Ms. Laughlin received the top salary in the range, $167,524. Ms. Neill Hoyson agreed. Councilmember Buckshnis relayed in addition to the salary, Ms. McLaughlin received a onetime payment of $8,000 in lieu of moving as well as full holiday and leave so she walks in with 12 paid holidays, 22 days/year and a lot of banking. She relayed many citizens would like City Attorney Tom Brubaker to provide an opinion about the $8,000 in lieu of payment for moving expense. Mr. Brubaker advised there had been a lot of discussion and legal analysis about this and he has been in contact with the City’s regular City Attorney Jeff Taraday who is out of town. They determined the $8,000 signing bonus is not a gift and is legitimately bargained for consideration for getting the job. However, under state law the City Council sets the salaries, compensation and working conditions for City employees. Mr. Brubaker explained after speaking with Mr. Taraday in some detail, they agreed that although Council has confirmation authority for the Mayor’s appointment, the $8,000 fee in lieu of moving and the Edmonds City Council Approved Minutes October 12, 2021 Page 3 additional banked leave are both not within the realm of current salary and working conditions and so those two items need to be approved by the Council as well. He advised there were three ways that could be accomplished, 1) approve each item individually, 2) approve the two together and then the appointment, or 3) simply appoint and approve the additional conditions. Councilmember Buckshnis commented it is unfortunate at this juncture that the administration has put the Council in a precarious situation with that $8,000 in lieu of moving expense. Councilmember Olson said she had some of the same concerns that Councilmember Buckshnis had because no move was involved. She was very happy that the City had the opportunity to consider Ms. McLaughlin for this position and that the Mayor chose to hire her. People in Edmonds tend to be a little skeptical when people come here from the City of Seattle; Edmonds is very proud of not being Seattle and want everyone to know Edmonds is not Seattle, but she believed Ms. McLaughlin was an ideal Economic Development Services Director for Edmonds. Councilmember K. Johnson raised a point of clarification, this is the confirmation of the Development Services Director, not Economic Services Director. Councilmember Olson agreed. Councilmember Olson said she had hoped during the interview that the City would have the right person at the helm to help navigate the Housing Commission’s recommendations and that citizens would feel that their input was valued and part of the end result. Ms. McLaughlin’s communication skills and her predisposition to collaboration is exactly what the City needs in this role and she was pleased Ms. McLaughlin was selected and, pending confirmation, coming on board. She thanked Ms. McLaughlin for applying for the position. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO POSTPONE CONFIRMATION OF THIS POSITION TO A FUTURE COUNCIL MEETING. Councilmember K. Johnson said she received 17 emails from citizens, Tom Sawtell, Bette Bell, Andrew Morgan, Gary Pugh, Vicki Hone Smith, Julie Gilbert, Mona Carter, Diane Talmadge, Theresa Hutchison, Cynthia Sjoblom, Jeanne Hecker, Sellersabroad@Yahoo.com, Karen Prater, Robert Davis, Stephanie Bates, Lynne Chellius, and Elizabeth Fleming. The gist of their comments was they did not have any advance notice, they needed a more transparent and open process, and the public wanted the chance to meet and learn about her philosophy and vision for Edmonds in an event similar to what was held when three police chief candidates were interviewed. They said this was not in the spirit of Edmonds, and was not an open and transparent process. Councilmember K. Johnson relayed her objection to the way this agenda item was handled. It was discussed earlier tonight in a Council committee meeting and they were who is supposed to make a decision whether to put it on Consent or bring it to the Council for future discussion. Now there is a last minute public decision without notice on the extended agenda and it is a rush decision. She objected to this process, finding it reminiscent to the handling of the Chief Pruitt job offer. The Council President sets the agenda, not the Mayor or his administration. Therefore, she held Council President Susan Paine accountable for including this item in this special session. Mayor Nelson commented that explanation was off track from the motion to move the confirmation to a future date. He invited further discussion on the motion. Council President Paine opposed moving the confirmation to a future date, noting the explanation is easily found. When this matter came to her, she spoke with Ms. Neill Hoyson and there was a pending job offer that was directly competing with the City’s offer. She shared the belief that Ms. McLaughlin was a fantastic candidate and she would hate to have her run off to a different city. Putting it on tonight’s Edmonds City Council Approved Minutes October 12, 2021 Page 4 agenda gave the Council the opportunity to review the contract and confirm the appointment. She requested the Council oppose the motion. Councilmember Fraley-Monillas said she could not support the motion. There have been four mayors while she has been on Council and she had never heard the Mayor’s position on hiring anyone, especially a director, opposed for any reasons let alone to let citizens take a look at it. She guessed if Mr. Brubaker were asked, he would probably say the Council has an obligation to confirm but it is the Mayor’s choice who he chooses to hire. This person was offered $8,000 by another city and it is very common to transfer annual and sick leave from one city to another and that has been done time and time again. She saw this as a political volleyball. Councilmember K. Johnson raised a point of order, stating the Councilmember was not speaking to the motion. Mayor Nelson ruled point not taken and said he would allow Councilmember Fraley-Monillas to continue. Mayor Nelson stated point of order has been repeatedly misused and routinely abused by the Council. He assured everyone would have an opportunity to state their agreement or disagreement to any issue but they needed to allow others to speak uninterrupted. Ongoing interruptions for interruption sake is not conducive to Robert’s Rules of Order. Councilmember Fraley-Monillas said she has started to feel that way quite a bit; no matter she says, it’s interrupted. The candidate was offered another job with an $8,000 bonus and it is very common to move leave over. Because it is not the Council’s job to determine which one, but to determine who they believe will do the best job, the motion is really inappropriate. She received the same emails about wanting more time and opportunity to interview; however citizens have never interviewed department directors. She expressed her support for this person, clarifying she did not have an opportunity to interview the person but had heard from two Councilmembers that either one would be a good choice so she was okay with supporting whoever comes forward. She did not support the amendment. Councilmember Buckshnis said she seconded the motion for discussion. For the record, in the 11 years she has been on Council, there have been 5 mayors counting Steve Bernheim. For the record, former-Mayor Earling used citizens to interview people so it is a matter of who does what. Now that she knows the story, she understands there is a pending job offer, but she did not know that until today. She did not believe it would be advantageous to postpone the appointment if she has another job offer. Mr. McLaughlin is an excellent candidate and Councilmember Buckshnis said she has friends that knew her through Seattle and confirmed she does a really good job. She has some issues with the contract, but that has nothing to do with the motion. Councilmember L. Johnson said Ms. McLaughlin is an exemplary candidate and with everything she has learned, believes she will be an excellent director to serve the citizens of Edmonds and she did not want to lose her. She also received numerous comments from constituents, some of the same ones that were mentioned earlier, but a number of them also stated citizens were comfortable with the process and very excited about this candidate and recognized that Council was elected to represent them. She was prepared to move forward with the confirmation. Councilmember Olson said she will vote against the motion although she always appreciated more time and more involvement for citizens. In this case, there wasn’t even an opportunity for comment as the press release was issued yesterday. She anticipated there had never been this little time for the public to get to know an appointee better, and she hoped this was exception rather than the rule for how things are done, but recognized there was a reason this time. UPON ROLL CALL, MOTION FAILED (1-6), COUNCILMEMBER K. JOHNSON VOTING YES; AND COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, BUCKSHNIS, OLSON AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. Edmonds City Council Approved Minutes October 12, 2021 Page 5 COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO APPROVE BOTH THE CONFIRMATION AND THE BENEFIT PACKAGE AS A ONE VOTE OPTION. Council President Paine said she can strongly endorse this candidate. Her interview was exemplary, she has terrific communication skills, and she has offered to do things that will ease the community’s concerns about not having enough contact with the Planning and Development Department by having a multitouch process. The City of Seattle has a lot of neighborhoods; she (Council President Paine) left Seattle to come to Edmonds because it felt more manageable and like the Seattle she grew up with. The City of Seattle has some very activity communities and neighborhoods that care deeply about how their neighborhoods are impacted by development, transportation projects, etc. Bringing a multitouch process to Edmonds by someone who knows how to do it will be a huge bonus and will help allay a lot of the community’s concerns. She was comfortable with the $8,000 signing bonus, it is not a salary addition, it is to help her stay here. She also did not object to the vacation package due to her years of experience and because it is an appropriate option. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO AMEND THE MOTION TO SEPARATE THE $8,000 SIGNING BONUS OR IN LIEU OF MOVING EXPENSE. Councilmember Buckshnis said this could be interpreted as a gift of public funds. She realized that Ms. McLaughlin was dynamic and was glad the City hired her, but felt the Council had been put into a precarious situation. Ms. McLaughlin already lives in Edmonds. She has been unable to find other cities that provide signing bonus, noting Ms. McLaughlin must be moving out of state to be offered a signing bonus. Ms. McLaughlin signed the application stating she was willing to accept the stated salary and will receive all her holiday leave which Councilmember Buckshnis did not object to. Many citizens are upset with the $8,000 bonus, acknowledging it is irrelevant considering she will be making $167,000. Councilmember Distelhorst asked for clarity from Mr. Brubaker on the gift of public funds, commenting that was already covered and legal guidance provided. Mr. Brubaker said in his opinion this does not involve a gift of public funds at all. This is a bargained for contract negotiation, an inducement to come to work for the City and offered in exchange to get her to come to work for City based on her expertise and experience. It is a quid pro quo, a give and take and not a gift; a gift is something given with no expectation of anything in return. There is quid pro quo going both ways; the City pays money, offers a salary, offers certain benefits in exchange for her agreeing to come to work for the City. As an active employee in the public sector, Councilmember Distelhorst said he has friends and colleagues who have received similar payment to take new roles with cities or agencies. He received a cash bonus for winning an award recently and he works for a public agency. He was very comfortable with this being standard practice for these sorts of things. Councilmember Fraley-Monillas said she understood from the City Attorney that this was not a gift of public funds. It is not to cover moving expense, it is to encourage someone to work for the City. There are a lot of agencies encouraging people come work for them and giving them bonuses. For example, her niece, a CNA still in training at a hospital in Snohomish County just received a $5,000 bonus. Signing bonuses are very common in this day and age because of the lack of applicants and some level of bonus may be necessary to attract people. She was fine with the bonus, if another city has offered $8,000 and Edmonds did not keep up with it, the person might go to the other city which has a lower cost of living than Edmonds. The City would then need to spend another $50,000-$75,000 to recruit more applicants. She summarized this was nothing in the big scheme of things and she fully supported giving this person Edmonds City Council Approved Minutes October 12, 2021 Page 6 $8,000. If her niece could get $5,000 to work in a hospital as a CNA, certainly $8,000 was not unreasonable for a department director. Councilmember Olson commented the $8,000 [comments inaudible due to video lag] move there so matching it was not something that made sense. Through email exchanges with the City Attorney, she learned this was an administrative issue and for the Mayor to negotiate with the potential staff member so she did not support separating it out and would vote in favor of confirmation and leave this in the administrative realm where she was told it was supposed to be. She summarized she too was uncomfortable with the $8,000 bonus to not move. Councilmember K. Johnson said the Council got clarification from Mr. Brubaker that the $8,000 and the vacation and leave bonus was not the Mayor’s executive duty but was the City Council’s duty and area because it involves money beyond what was authorized to fill this position. She will support the motion for that reason. Councilmember Fraley-Monillas reminded if HR had to recruit again for the position because the person went to another area, it will cost $50,000-$70,000 so $8,000 is nothing compared to recruiting someone else. She summarized $8,000 was nothing in the grand scheme of things. Councilmember Olson said she did not understand the message from Mr. Brubaker the same way that Councilmember K. Johnson did. It was her understanding it was under the contracting authority because the salary was in the budget so it was just the $8,000 that was not in the Council realm because it was under the Mayor’s $100,000 contracting authority. She asked for clarification as it would make a difference on this vote. Mr. Brubaker explained the $8,000 fee in lieu of moving and the additional banked leave are both not part of the normal salary, compensation and benefits provided by the City for that level of position. Because they are outside of those and because state law says the Council sets compensation and working conditions, in order to execute this contract with Ms. Laughlin, the Mayor needs Council confirmation of the appointment as well as approval of the $8,000 and the additional leave bank. The main motion that was made was to approve with one motion the leave bank, the $8,000 payment and confirmation of the appointment. The amendment by Councilmember Buckshnis is to separate the $8,000 payment from main motion. UPON ROLL CALL, MOTION FAILED (3-4), COUNCILMEMBERS K. JOHNSON, BUCKSHNIS AND OLSON VOTING YES; AND COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. Councilmember Distelhorst echoed comments made by other Councilmembers, expressing his excitement to hopefully welcome Ms. McLaughlin to the City. She has an extremely impressive resume and he looked forward to the work she would do in the City with the residents. He thanked her for applying. Councilmember K. Johnson said she cannot support the main motion for the following reasons, 1) it was a rush to judgement to accommodate some personal issue for the candidate, and 2) the public has been very vocal about wanting to participate in the process in some way. This will be a tough job to step into when there is this level of controversary which is why she wanted to extend it for one week. She did not like the way this process was handled by the Mayor and the Council President and for those reasons she would vote no. Councilmember Fraley-Monillas saw this strictly as political gamesmanship. She expressed support for the new director, commented she had not met her, she had no vested interest in it, and had not participated in the interview process. She has talked to Councilmembers about the person and her understanding is she is great. When Chief Bennett was nominated, people did not want to confirm her without a lot of input. This is a little different than the police chief and she supported the Councilmembers who interviewed both Edmonds City Council Approved Minutes October 12, 2021 Page 7 candidates and who believe she is the right candidate for the position. She supported moving forward and getting some work done. Councilmember Buckshnis said she was also excited, but was tired of hearing that it was a political maneuver. Basically citizens are upset that an $8,000 moving expense was given to this director and it put Council in a precarious position. She will still support her confirmation but it would have been more advantageous had there been an opportunity to look at it completely. She anticipated Ms. McLaughlin would do a great job but it was not a political maneuver, she was just looking out for the City’s coffers. The $167,524 is a good salary along with the leave and citizens upset are about it. Councilmember Fraley-Monillas said she did not get a chance to interview the candidate but had heard nothing but really good things about the person. The Council needs to move forward and frankly there are 42,000 people in Edmonds, not 25 and she would like know what the 42,000 think about the appointment of this gal, not what 25 people think. Councilmember Fraley-Monillas said she did not remember the candidate’s name because she had not interviewed her but had heard nothing but great stuff about her. UPON ROLL CALL, MOTION CARRIED (6-1), COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, BUCKSHNIS, OLSON, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBER K. JOHNSON VOTING NO. Ms. McLaughlin commented it was a wonderful deliberation; she heard impassioned Councilmembers and that is something she likes to hear. The focal point the Council was discussing was residents wanting to participate which was a great problem to have. She looked forward to reaching out to those people and connecting with residents, developers, people in the community and City staff. She thanked the Mayor and Council for the opportunity and allowing her to stay in Edmonds, a place she has grown to love and that her family also loves. She looked forward to working with Mayor Nelson and Councilmembers on some challenging and probably controversial issues that they will get through together with honest deliberations. She looked forward to starting on November 16th. 2. REQUEST TO APPROVE VACATION ACCRUAL FOR SAFETY & DISASTER COORDINATOR CANDIDATE HR Director Jessica Neill Hoyson explained there had been a selection process to fill the Safety & Disaster Coordinator position. The candidate has a long history and background in emergency management and safety. Given his years of experience, he has requested a vacation accrual level that reflects those years of experience. City policy provides that with the Mayor’s approval, the request can come to Council for approval. This was recently approved for the Wastewater Treatment Plant Supervisor. The request is to place that candidate at 21 days of vacation per year. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO APPROVE THE EXTENSION OF THE VACATION BENEFIT TO 21 DAYS PER YEAR. MOTION CARRIED UNANIMOUSLY. 3. FINAL BOND ORDINANCE Finance Director Dave Turley explained the purpose of this agenda item is formal approval of the bond ordinance. The bond ordinance was discussed in detail at last week’s Council meeting. The refinance was approved by City Council on August 10th. There are three separate items in the ordinance, 1) refunding of $8.045 million in outstanding water and sewer revenue bonds, the City will save about $1.19 million net present value over the life of the bonds, 2) advance refunding and restructuring of $2.285 million in bonds on the Edmonds Center for the Arts’ behalf to assist with their cashflow, and 3) issuing new bonds to complete construction of Civic Park in the amount of $1,634,447, and issue new bonds for capital projects Edmonds City Council Approved Minutes October 12, 2021 Page 8 and the backlog of building maintenance in the amount of $4.4 million This is accomplished via adoption of a 33 page ordinance that is contained in the Council packet. He recommended a motion to approve the bond ordinance as contained in the Council packet. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE BOND ORDINANCE AS INDICATED IN THE PACKET. MOTION CARRIED UNANIMOUSLY. 4. COMPLAINT AGAINST A PUBLIC OFFICER Mayor Nelson commented in light of what he anticipated would be strong feelings, he wanted to ensure as chair that everyone had an opportunity to share what they needed to share regarding this, he requested Councilmembers refrain from interrupting so that everyone had an opportunity to speak. He wanted to ensure everyone had ample opportunity to express whatever they wanted to express regarding this. Councilmember Olson said as the requester for the censure vote, she would begin by answering the question of why now? The simple answer was her attempts that started several weeks ago were unsuccessful. She was sure there would be accusations that this was politically motivated and she wanted to be on the record as saying it would not have mattered when this happened, she would have had the same response to it as she thought the Council should. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, TO TAKE A CENSURE VOTE ON COMPLAINT NUMBER 1. Councilmember Olson read complaint number 1: On the August 24, 2021 Zoom Council meeting, Councilmember Adrienne Fraley-Monillas was drinking wine and appeared to be drunk, therefore, violating the code of conduct section 6 as follows (emphasis added): Councilmembers should seek to continually improve the quality of public service and ensure public confidence and the integrity of local government and its effective transparent and equitable operations. Councilmembers have a public stage and privileged platform. Central to these principles is that civility and decorum shall apply to all Councilmember conduct in relation to City business. The Councilmember was reminded of the code of conduct for this and was asked to make a public apology. The Councilmember’s unwillingness to self-enforce the code of conduct is required in section 6.4 of the code as further basis for the complaint. Councilmember Olson indicated a description was given of why it was perceived that the Councilmember was intoxicated but she did not need to read that. Councilmember L. Johnson said during the August 24th meeting she too was concerned with seeing Councilmember Fraley-Monillas’ behavior. She felt embarrassed and angry given what she witnessed on the screen. However, after learning of the health crisis that she was experiencing, including the extent of the pain she was in, her feeling turned to concern, both for her health and for the fact that Councilmembers feel they need to attend meetings even when they are experiencing health crises. This was where she believed there was an opportunity to make a change through an understanding that in the event of a health crisis, Councilmembers should prioritize their health above attending a meeting. Councilmember L. Johnson explained her request was not solely based on the August 24th health crisis experienced by Councilmember Fraley-Monillas, but also the… Councilmember Olson raised a point of order, stating medical concerns did not apply to whether or not this code of conduct violation for drinking alcohol on camera was relevant. Mayor Nelson ruled point not taken, saying he found it relevant and would offer wide latitude regarding what was relevant, referencing past conduct and all kinds of things in Councilmembers’ past arguments. Edmonds City Council Approved Minutes October 12, 2021 Page 9 Councilmember L. Johnson continued this is an opportunity to make a change when in the event of a health crisis, one’s health should be prioritized above attending a meeting. Her request is not only based on the August 24th crisis experienced by Councilmember Fraley-Monillas, but also the ongoing health crisis experienced by Councilmember K. Johnson in fall 2020. During that crisis... Councilmember K. Johnson raised a point of order, stating the motion had nothing to do with her or her health. Mayor Nelson ruled point not taken, stating Councilmembers routinely use past actions of Councilmembers, past elected officials’ conduct, and current elected officials’ conduct in making points and this is no different. He reiterated point not taken for its relevancy, finding it was relevant and Councilmember L. Johnson was allowed to continue. Councilmember L. Johnson said what she was about to say was not comfortable and she wished she did not have to do this. She did not like needing to show the Council had been in this situation before but it was relevant to what was happening. She continued, during fall 2020 there were a series of instances which disrupted or slowed multiple Council meetings. Among other things, there were missed or delayed votes, a camera was not on just as it has not been on tonight, ongoing issues with the mute button, and attending a Council meeting on camera in a bathrobe. Upon inquiry, she learned that the Councilmember was experiencing a health crisis. As one typically does when hearing of someone’s pain and suffering, she gave grace and understanding. Although some knew, it was not until later that she was able to piece together the extent of the Councilmember’s health crisis and incapacitation and her information came from the Councilmember’s own heartfelt comment on December 15th where she stated that Councilmembers Fraley-Monillas and Buckshnis shared a special place in her heart and that they have been guardian angels in helping her in multiple health crises. Councilmember L. Johnson continued, later, an email from a citizen alerted the City to municipal court recordings from January 2021 where Councilmember K. Johnson had failed to appear in court. In the recording, which is a public record found on the municipal court page, the attorney indicated that the defendant, Kristiana Johnson, was at a rehab facility, had multiple strokes, her short term memory was not assisting her, a number of things, and that he was working to find out if she was capable of independent communication. Councilmember L. Johnson said she was also aware that the same information was shared with the media who chose not to report it though they have run multiple pieces on Councilmember Fraley-Monillas’ health crisis and her actions. She asked why, if not for political reasons, was one Councilmember given grace and privacy during a months’ long health crisis, and yet another is skewered. Tonight her vote will be for grace and understanding which she wished the Council had led with. It should be expected that Councilmembers do not attend meetings when they are incapacitated by health crises and their ability to legislate could possibly be in question. Councilmember Distelhorst repeated comments he has made to Councilmembers and Council as a whole. Following that meeting, he spoke with Councilmember Fraley-Monillas and expressed his displeasure and disappointment in the actions taken at that meeting in no uncertain terms. He has expressed that to all Councilmembers again as well. The Councilmember apologized to him at that time as well as to all of Council. He would expect that Councilmembers would be following very strict and clear guidance in relation to obviously not consuming alcohol or any other substances during professional Council meetings. He has been very clear and consistent with the Councilmember in question as well as the entire Council and was restating it so the public could hear it as well. Council President Paine commented this was difficult discussion, a discussion that had been had a couple of times. She agreed having a sip or two of wine is never appropriate in a Council meeting. That said, with the understanding that she was having a dental emergency which was stated in the public a couple of different times and in different arenas, the dental emergency was part of what happened and it was a totally normal thing that could have happen to anyone. The opportunity to stay away from the Council Edmonds City Council Approved Minutes October 12, 2021 Page 10 meeting is something the Councilmember decided not to do out of loyalty to her work. She probably should have taken care of herself and not joined the Council meeting. The request was for a public apology; an apology was made to Council the following day, there was a discussion in My Edmonds News on August 25th and 22 comments from the public. There was also an article in the Everett Herald on August 28th about what had happened. Both articles included an apology to the Council and to the community. Council President Paine said this issue has been resolved in terms of the Councilmember’s request but also brings up a point that the Council needs to take seriously; if someone feels they are unable to perform the work due to a health crisis or medical emergency, they should not be at the meeting. She appreciated Councilmember L. Johnson coming at this with grace and the recognition that we’re all humans. She summarized the requested public apology has been met although it is up Council to make that determination about what should happen. In addition, the request for a public apology meets the requirement for self-enforcement which is also part of the Council code of conduct and it happened immediately with specifics and was not vague at all. Councilmember Olson said she was not quite sure how she missed that public apology. That was what she asked for and she did not see any evidence of it at any point. She saw an apology to the Council and Mayor but did not see an apology to the public. In fact during Council comment at the end of the September 7th meeting, the Councilmember more or less outlined her heroics for being there and told the citizens if they had an issue with the fact that she drank during the Council meeting to call her as if they shouldn’t have a problem with it. She disagreed with the assessment that her health had anything to do with it. It was about not saying sorry for the part of it that needed to be apologized for, such as I apologize, it wasn’t the right thing to do and it’s not what you should expect from me as a Councilmember and it won’t happen again. Councilmember Buckshnis said she has been on Council for 11 years and has seen a lot behind closed doors and a lot going on recently, and admittedly it has accelerated during the last 2 years under this new administration. Her issue was common sense should have dictated what was going on. She was concerned when saw the Councilmember laying on the table and it looked like she didn’t have any clothes on and was glad when she turned her video off. She was also bothered that once she was seen drinking wine, the Council President told her to keep her video off. In her opinion this is not an acceptable behavior and she acknowledged Zoom was not a good friend to many, referring to citizens’ comment about people eating and doing this and that on camera. Councilmember Buckshnis said she has never been more embarrassed in the 11 years she has been on Council as she was with that incident. She accepted the Councilmember’s apology but believed it was inappropriate behavior that should be sanctioned because there are code of ethics issues that citizens have been than writing about. She has stayed out of that, believing all Councilmembers are business people and should know how to treat each other kindly and with respect, but that is not happening. There were definite issues related to the code of conduct and code of ethics that was just recently rewritten. She suggested watching the tape, looking at the data which show that it happened. She did not like airing this in public and a lot of people have said don’t say anything so she would try not to say much more. She suggested watching what happened and making one’s own decision compared to the code of conduct and code of ethics and like most have said, something should happen. Mayor Nelson reminded Councilmembers to be courteous, noting there seemed to be a lot of digs at his administration while points were being made. Councilmember Fraley-Monillas said she appreciated all of the input. She acknowledged she was going through an extreme medical crisis and only the people she cares about on the Council have a clue. She has Edmonds City Council Approved Minutes October 12, 2021 Page 11 had and continues to have numerous dental issues. She e was trying to be careful and not disclose too much of her personal stuff, but she currently has two dental devices in her mouth that were caused by the issues she was having. She currently has 3-4 broken teeth that need to be dealt with through surgery. She explained she was adopted, born premature in the 50s and does not have the dental strength in her teeth that most people have because she was born premature in the 50s and there was not the information available then that there is nowadays. For that reason, she has had a number of dental emergencies which she has explained to those who care about her on the Council and understand what is occurring . She has been very open and honest with them. She speaks with a slur because it is impossible to get used to two dental implants. She does better mid-day; it is a little more difficult to speak with the appliances in her mouth late at night and early morning due to extreme dental emergencies. Councilmember Fraley-Monillas explained what was seen a couple of months ago was a sip of wine that was left on the table not knowing she was under a temperature, an infection, and was doing poorly, the left side of her face was swollen, and her eye was almost swollen shut. She appreciated those who cared about her enough to ask what was wrong. She has shown nothing in the last 12 years but dedication. She does not miss Council meetings to fly across the country to go to football games or visit family or do all the sorts of things that people do. She goes to every meeting and is very dedicated to what she does because she loves the City and it has been very clear for 12 years that she loves the City. She wanted people to understand that this was a medical emergency and she was very offended that three Councilmembers have taken the opportunity to take swings at her dental emergency versus Councilmembers having personal interactions with staff that have made staff leave, and Councilmembers who have actual issues with the police. She said nobody publicizes that but they publicize a drink of wine. Councilmember Fraley-Monillas continued, “should I have done that? Heck no. I mean was I thinking? Heck no. Did I have a temperature? Yes. Did I have an infection? Yes. Will it happen again? Guarantee it.” She explained years ago if something like this came up, she would have called in sick. That would have been the natural response, if you’re not feeling well, you call in sick. However, because it has become so divisive in the last three years or so, no Councilmembers call in sick because they are so afraid of what is going to happen if they do call in sick. The root of all of this is Councilmembers cannot trust each other and moving forward she highly recommended that Council learn how to deal with each other in a positive manner that helps people understand that people get sick and that Councilmembers don’t have to come to Council meetings when they are feeling sick. She found it so amazing that through the years, the last three years or so, she had not wanted to miss a meeting and there was one year she did not miss any meetings because she was so afraid that if she missed a meeting, the opposite side would take advantage of it and knew that was what was happening nowadays. Councilmember Fraley-Monillas recommended moving forward in a different manner that included communicating with each other. She remembered years ago when she called in sick due to her cancer or her disabled son, the issues she cared about most were pushed off to the following week so she could be present, something neither she nor other Councilmembers could count on now. She recalled the night in question the Council was talking about Highway 99, a topic she couldn’t leave out there for people to take pot shots at. She understood the concern, understood that everyone is getting older, she is in her 60s and things are going to happen and there has to be grace and understanding to those feeling ill. She wished she didn’t feel she had to attend meetings, but unfortunately she did because she was afraid something would happen if she didn’t. Councilmember Fraley-Monillas said she appreciated everything Councilmembers had to say and assured what occurred will never, absolutely occur again. It wasn’t that she was drinking during the meeting; she unfortunately grabbed a glass of wine and took a sip. She was under no drugs, only Tylenol, Advil and she had a little bit of wine with dinner which she probably shouldn’t have done but the pain was too much Edmonds City Council Approved Minutes October 12, 2021 Page 12 for her. If people couldn’t understand that, she didn’t know what they were as a society or a group of people. She thanked those who cared about her and were interested in what was going on. Councilmember Fraley-Monillas pointed out Councilmember K. Johnson has been off screen and when she was on screen, she didn’t have any makeup on, she wasn’t ready to rock and roll, and she was wearing whatever she was going to wear. She questioned if that meant someone should look at that and say she should be brought up on charges because “she’s not looking straight or she’s protecting whatever she’s hiding from? I don’t think so, I don’t think that’s the right thing to do.” She appreciated everyone who supports her and those that offered to help her during that time. There is more to come because this is not the only part of her mouth that has had a crisis and it will continue to occur until all the issues are dealt with. Councilmember L. Johnson referred to things Councilmembers said, that they were embarrassed. She agreed it was embarrassing, but being embarrassed should never take priority over someone’s health. This is anti-bullying month, this has been bullying. To demand a Councilmember apologize for their actions during a health crisis, she questioned why one Councilmember was being treated differently than another. She asked where was the grace and understanding; it was given to one Councilmember, why was it not given to another? The issue has been thoroughly acknowledged and will not be repeated and if it is, that Councilmember will be held accountable. To censure someone for an absentminded drink of wine combined with not looking her best and slurring her words, when those actions were due to a health crisis was bullying. Councilmember L. Johnson commented serving as a Councilmember is challenging and she knew that going in and she was ready for it. However, she was not ready for what is seen here; this is embarrassing and harmful. September was Suicide Prevention Month when mental health and what to do for it was discussed. Councilmembers including Councilmember Fraley-Monillas are human and they should not be bullied and should not have their mental and physical health demeaned. She found the example the Council was setting for citizens, fellow Councilmembers and for children appalling. She was disappointed and will give grace and understanding. Councilmember K. Johnson said the censure is about behavior at one specific meeting regardless of the excuses and explanations. It is not about whether or not someone likes a person, it is about her code of conduct which [comments inaudible due to video lag] fairly when necessary. Councilmember Olson said she did not hear an apology and said it was not untoward to ask someone for an apology for bad behavior that happened to coincide with a medical crisis. The fact that there still has not been an apology, she was waiting to hear one tonight but it did not happen. She was not seeking an apology to her, but an apology to the public. She said tonight’s minutes will reflect that the Councilmember said, “will it happen again? I guarantee it.” Councilmember L. Johnson raised a point of order. Councilmember Olson said that was what was said. Mayor Nelson ruled point not taken. The quote was correct but he thought the Councilmember misspoke but she did in fact say what Councilmember Olson said. Councilmember L. Johnson said the record should state she misspoke. Mayor Nelson agreed she did misspeak. Councilmember Olson asked if Councilmember Fraley-Monillas had said that, why were Mayor Nelson and Councilmember L. Johnson changing what she said. Councilmember Fraley-Monillas said if Councilmember Olson looked at My Edmonds News or the Herald, she would see what she said, but she chooses not to. Mayor Nelson said Councilmember Olson was referring to what was said this evening. Councilmember Fraley-Monillas said she understood that and Edmonds City Council Approved Minutes October 12, 2021 Page 13 suggested Councilmember Olson look at My Edmonds News or the Herald as Councilmember Olson would not force her to do something. Councilmember Olson said she has looked for apologies to the public and has not found them. With regard to an apology, Council President Paine said we received an apology via email and there were two apologies in publications, one in My Edmonds News on August 25th and in the Everett Herald on August 28th which covers a lot of territory. She took constructive notice that the apologies came from those sources. The City uses the Everett Herald to publish notices and My Edmonds News covers meetings abundantly and has an active comment section. Councilmember Distelhorst said the Herald article, published on Saturday, August 28th, is titled, “Edmonds Councilmember Drinks Wine During Meeting Apologizes.” The first sentence states, “Edmonds City Councilwoman Adrienne Fraley-Monillas apologized this week for drinking alcohol during a Council meeting.” He had found that in a seven second internet search. Councilmember Olson said the apology referenced in the Herald was the apology sent by email to the City Council, an apology to the Council and Mayor, it was not an apology to the public. The same is true for the apology in My Edmonds News. Mayor Nelson asked if a special meeting could be extended. Mr. Brubaker said it could be extended. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO EXTEND TO 9:20. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER OLSON CALLED THE QUESTION. UPON ROLL CALL, VOTE TO CALL THE QUESTION CARRIED (6-0-1), COUNCILMEMBERS K. JOHNSON, DISTELHORST, BUCKSHNIS, OLSON AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBER FRALEY-MONILLAS ABSTAINING. During the following vote, Mr. Brubaker said under Robert’s Rules of Order on a motion to censure, the person who is the subject of the censure is not allowed to vote. UPON ROLL CALL, MOTION FAILED (3-3), COUNCILMEMBERS K. JOHNSON, BUCKSHNIS AND OLSON VOTING YES; COUNCILMEMBERS DISTELHORST AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. COUNCILMEMBER OLSON MOVED , SECONDED BY COUNCILMEMBER BUCKSHNIS, TO TAKE A CENSURE VOTE ON COMPLAINT NUMBER 2. Councilmember Olson read the second complaint: On September 7, 2021, Councilmember Adrienne Fraley-Monillas flashed the loser sign at a citizen when the citizen made an audience comment she didn’t like during the Zoom Council meeting, therefore, violating the code of conduct as follows: section 6.1c, personal insulting or intimidating body language or actions are not allowed, section 6.1d, ensuring that all meeting participants feel welcome is a vital part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of the Councilmembers toward any individual participating in a public meeting. The Councilmember was reminded of the code of conduct for this and other recent violations and was asked to make a public apology. The Councilmember’s unwillingness to self-enforce the code of conduct as required in section 6.4 of the code is further basis for this complaint. Edmonds City Council Approved Minutes October 12, 2021 Page 14 Councilmember Fraley-Monillas said she used to teach sign language and explained what she said was hear, I can’t hear you. She said she did not say loser, she said I can’t hear you. She said for those that want to know, she speaks a second language, it is not Spanish, German or French, it is sign language. When she was telling her son’s dad, who also signs, about this, he said from now on go like this (point to ear) to show that you can’t hear instead of signing L for listen, I can’t hear you which is what she did. She believed that Councilmember Olson was using this for political gain; it wasn’t about whether she was signing or what she was saying, it was related to her need to control the Council and the ability to do that based on nonsense. Councilmember Fraley-Monillas demonstrated signing an L for listen, suggesting Councilmember Buckshnis could look it up because she liked to look things up. She signed an L for listen because she couldn’t hear what whoever was saying. She has done that to the Mayor and to half the people on the Council when she can’t hear during a Zoom meeting. She has a hearing loss, she is a little bit older and so she signs and she signs because it is her second language. Her second language isn’t Lithuanian, Spanish, German, or French, it’s sign language. Her son spoke 200 signs by the age of 3 because she taught him sign. She demonstrated the sign for “teaching sign,” commented she used to teach sign language classes. She demonstrated when she signs L, it means listen not loser. She said this was the most stupid thing of all because she was being discriminated against based on her language. Councilmember Fraley-Monillas demonstrated signing “Vivian,” a B for brown hair and down the side with a sign for V. She demonstrated when she signs L (on the side of the face), it is not the sign for loser (L on the forehead) which is what Councilmember Olson is accusing her of. The whole thing is totally abstract and inappropriate and Councilmember Olson is stabbing for something that she’s done wrong. She reiterated it was sign language, and although it’s been 12 years since she taught sign language, she would more than happy to teach people. She summarized this whole thing is a stupid as they get. She repeated the sign for loser (L on the forehead), commenting that was not actually sign language and she had not learned it in sign language but from her son, but the L (on the side of the face) was sign language. Councilmember Buckshnis said she respected Councilmember Fraley-Monillas for knowing sign language, she has also tried to work on sign language but has not done it in a long time as well. She encouraged people to watch the video; she did not watch the video until she was accused of looking on her camera during an executive meeting. The fact of the matter is, no one is talking when Councilmember Fraley-Monillas makes that sign. She suggested people look at it and see what their reaction is. She had to google it because she didn’t know what the loser sign was and agreed that it was an L to the forehead but learned it was actually could be an L that not on the forehead. The citizen that was speaking felt threatened and intimidated and did not safe which is one of code of conduct items. Many citizens saw it and she is just going by the record. Councilmember Olson said this assertion is not supported by the video recording of the September 7th meeting or by the email exchange she had with Councilmember Fraley-Monillas regarding this incident just two days after it happened. The fact that the Councilmember has never before been seen using American Sign Language at a Council meeting also seems relevant to this defense. Council President Paine said she reviewed the tape of that meeting and saw a lot of hand gesturing from the Councilmember. If there was any gesture that looked like L made by the fingers, it was too fleeting and was in combination with a lot of other hand gestures that she uses. She did not think there was any intentional hand signal of an L and that that was a bit of stretch and not something that any Councilmember would do during a meeting. It seems like a really weird thing to do and she did not think it actually happened. There was a lot of hand waving going on because that’s how she always is and it was not something that rises to the level of code of conduct. Edmonds City Council Approved Minutes October 12, 2021 Page 15 Councilmember L. Johnson said she saw the screenshot that was sent around. Unlike others, she did not go strictly off the screenshot, she reviewed the recording and noticed that the sign in question was given at the same time Mayor Nelson is speaking and he cannot be heard. She played that section repeatedly and Mayor Nelson cannot be heard. She cannot say it is this or that, but after watching it, in the context that it was given fits because the Mayor could not be heard. Although she was hesitant to say she was familiar with the loser sign, everyone grew up with it and that was not the sign that she was familiar with for it. She did not have nearly enough to definitely say that a loser sign was flashed or that it wasn’t something else. Councilmember Distelhorst said he watched the video a number of weeks ago when this was raised to Council and had a similar experience of not really noticing it when watching the video versus someone perpetuating a screen grab which freezes time. Watching the video and seeing the Mayor speaking, it goes from public comment to public comment without the Mayor bringing someone else in which was confusing. He recalled telling Councilmember Olson that he would not be able to censure anyone, regardless of the video, because it was not clear at all. It feels like grasping at straws and that was his stance on any single Councilmember, watching the video it was not clear at all so he would not be able to take serious action like this for any Councilmember. Councilmember K. Johnson said when she saw the meeting, she thought she signed the loser sign and mouthed those words. There are a lot of excuses and accusation and a lot of off topic comments; the point is if a Councilmember believes she signed loser, they can censure her and if they do not believe it and believe all the excuses and political accusations, then they should vote no. Councilmember Fraley-Monillas demonstrated an L on her forehead, saying she would not say loser, she would say stupid and demonstrated the sign for stupid. She reiterated she speaks sign language and questioned why she would make a loser sign by the side of her face. Signing an L by the side of her face means listening. She said she made the sign at about her jawbone and “I suppose that’s a sign for listen, I mean it’s definitely not a sign for loser” and demonstrated L on the forehead. She opined this is a game being played by Councilmember Olson. She noted Councilmember L. Johnson’s daughter speaks fluent sign language; her own sign language is slow because she learned in the 70s-80s and signs exact sign which people don’t do a lot anymore. She can’t help but use her hands to speak because that’s who she is and what she has done for her whole career is signing with people. Councilmember Olson is doing this for a political purpose. Councilmember Fraley-Monillas reiterated she wanted people to understand that this (L on the side of the face) is not loser and anyone who speaks sign language knows that, but this (L on the forehead) is loser. Councilmember Fraley-Monillas wanted people to understand she talks with her hands and the reason is because she speaks sign language. It is her second language the same as Spanish, Lithuanian, German, French or whatever. Someone told her recently that she needs to stop talking with her hands, but she can’t because that’s who she is. That would be like telling someone who speaks Spanish not to speak Spanish. There was no question in her mind that Councilmember Olson used this for political gain for the election and has probably encouraged the people that are talking about the loser stuff. She again demonstrated the difference between an L sign by the side of the face for listen and an L on the forehead for loser. She said she didn’t know what else to say and appreciated tolerance watching her sign. Those who speak fluent sign language and don’t know ASL could probably tell what she is saying. She summarized this is a bunch of nonsense and said to Councilmember Olson that she was sorry if she hadn’t signed before now but there was no reason to sign at a Council meeting. For example if someone speaks a second language, why would they do it at a Council meeting? Edmonds City Council Approved Minutes October 12, 2021 Page 16 Councilmember Olson referred to her earlier mention of the email exchange as evidence that this actually did happened. It was a conversation about the drinking incident up to this point and this was the first time that she mentioned… Councilmember Fraley-Monillas raised a point of order, commenting this had nothing to do with the drinking incident that the Council had already voted against. Mayor Nelson ruled point not taken as he wanted to give everyone latitude. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO EXTEND TO 9:40. MOTION FAILED (3-4), COUNCILMEMBERS K. JOHNSON, BUCKSHNIS AND OLSON VOTING YES. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO EXTEND TO 9:30. MOTION CARRIED UNANIMOUSLY. Councilmember Olson said at first they had talked about the other incident and then she said, “the Council’s silent in spite of blatant breaches yet another this week when you flashed the loser sign to a citizen when she made a comment you didn’t like. Regarding this latest incident, the relevant excerpt are all the things that got mentioned in the complaint in the first place. So will you deflect and redirect this as well or will you own both incidents, acknowledge the breaches in the code of conduct and apologize to the public for the first breach and Carolyn Strong for the second one? If you choose not to hold yourself accountable, and it takes Council action and enforcement to do that instead, I hope the Council will do that. As we all know, it takes four votes.” The response to that was not [comments inaudible due to video lag], it was I hope Council will also take action on [comments inaudible due to video lag] seen in insurrectionists. Councilmember L. Johnson said facts are extremely important. She corrected something that was stated earlier by Councilmember K. Johnson that during the video Councilmember Fraley-Monillas can be seen mouthing loser. Councilmember L. Johnson said Councilmember Fraley-Monillas’ lips do not open and she did not mouth anything. She referred to the screenshot and throwing out false information, and suggested people watch the video where it is clear she does not mouth anything. Councilmember Fraley-Monillas asked seriously, that’s all there is to it? This is just such political ramifications, bringing out all this crazy stuff the week before the ballots come out. She said there is a Councilmember that has chased out executive level staff, staff who have gone public saying she did it and another Councilmember has been brought up on charges by the Police Department but nobody seems to care. Instead she is being brought up on charges for making a sign for listen, I can’t hear you. COUNCILMEMBER L. JOHNSON CALLED THE QUESTION. UPON ROLL CALL, VOTE TO CALL THE QUESTION CARRIED (4-2), COUNCILMEMBERS DISTELHORST, OLSON AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; COUNCILMEMBERS K. JOHNSON AND BUCKSHNIS VOTING NO. Councilmember Fraley-Monillas raised a point of order, saying there is a Councilmember laying on a bed, looking like they cannot get up and function and no one saying a dang thing. She said, “I’m sorry but really?” UPON ROLL CALL, MOTION FAILED (3-3), COUNCILMEMBERS K. JOHNSON, BUCKSHNIS AND OLSON VOTING YES; AND COUNCILMEMBERS DISTELHORST, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. Edmonds City Council Approved Minutes October 12, 2021 Page 17 Mr. Brubaker said with a tie, the Mayor has the right to cast a vote in favor of the motion, against the motion or abstain. He assumed by Mayor Nelson’s silence that he was abstaining. Mayor Nelson said that was correct. 7. ADJOURN With no further business, the Council meeting was adjourned at 9:25 p.m. Edmonds City Council Approved Minutes October 12, 2021 Page 18 Public Comment for 10/12/21 Council Meeting: From: Tom Sawtell Sent: Tuesday, October 12, 2021 5:51 PM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Reschedule meeting on Development services hire to allow citizen comments October 12, 2021 Council: Please move to reschedule tonight's meeting agenda for Developmental Services hiring oversight to a new date so that citizens have more time to voice their input on the position. This is not the first time a director hire has proceeded with insufficient time - from date of press release to meeting - for citizens to make comment to Council about the position and candidate. Park Director is such an example, enough citizens were surprised that the candidate lacked certain experience in natural resources fields, particularly marine resources. A longer period of time and outreach would have allowed better input to Council and from Council to Mayor. In this instance, many citizens have voiced surprise and concern about the rapid pace of the hiring process and feel they have been left out - in spite of the fact that the centerpiece of the involved elected officials elections were founded on increasing "transparency." Those promises, including from the Mayor are one basis for taking the requested action to reschedule the meeting to allow such transparency by citizens who have expressly stated in recent days that is it lacking with respect to the Developmental Services hire. Please reschedule and take into account what citizens will say about the position and important qualifications of candidates. Regards, Thomas Sawtell Edmonds, WA 98020 Edmonds City Council Approved Minutes October 12, 2021 Page 19 From: Joan Bloom Sent: Tuesday, October 12, 2021 3:38 PM To: Paine, Susan <Susan.Paine@edmondswa.gov>; Johnson, Laura <Laura.Johnson@edmondswa.gov>; Distelhorst, Luke <Luke.Distelhorst@edmondswa.gov> Cc: Public Comment (Council) <publiccomments@edmondswa.gov>; Council <Council@edmondswa.gov> Subject: Sanction Council member Fraley-Monillas Council President Paine, Council member Laura Johnson, Council member Luke Distelhorst, I urge you to sanction Council member Adrienne Fraley-Monillas for her behavior towards the citizens of Edmonds. It could be argued that she violated each 6.1 General Conduct points A through E, in her performance in Council meetings this year. Minimally, she egregiously broke 6.1. D, below: D. Ensuring that all meeting participants feel welcome is a vital part of the democratic process. No signs of partiality, prejudice, or disrespect should be evident on the part of Councilmembers toward any individual participating in a public meeting. Every effort should be made to be respectful in listening to Council, staff and public testimony and discussions. And, in response to citizens’ LTE in myedmondsnews regarding, among other behavior, the “loser” sign she flashed during a Council meeting, she broke 6.1. E: E. Technology allows words written or said to be distributed far and wide. Councilmember written notes, voicemail messages, texts, email, or other electronic communications, are public records and shall follow this code. Honestly, comparing the citizens who commented at the July 27, 2021 meeting to January 6 at our nation’s capitol? This level of disrespect of the citizens should not be tolerated. You are not responsible for Council member Fraley-Monillas’ behavior. You are responsible for holding her accountable for her behavior. Each of you was actively involved in crafting the Council Code of Conduct. If any one of you fail to sanction Council member Fraley-Monillas you will brand yourself as a blatant and utter hypocrite. Again, in defense of the many citizens of Edmonds who have been disrespected, and in support of the Council Code of Conduct, I urge you to unanimously sanction Council member Fraley- Monillas. Regards, Joan Bloom Former Edmonds City Council member Edmonds City Council Approved Minutes October 12, 2021 Page 20 From: Bette Bell Sent: Tuesday, October 12, 2021 3:13 PM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Bette Bell-Development Services Director I would like to have a say in how Edmonds develops and especially how it prioritizes its future planning of single-housed neighborhoods. The citizens of Edmonds need a delay and the public needs an opportunity to get more information about this choice and provide input for the hiring of the mayor’s appointee. The citizens should stay informed and involved to preserve Edmonds’ environment and quality of life as many have advocated. The special council meeting "Tuesday, Oct. 12 that allows for no public comment, called for by the mayor’s staff and Council President Susan Paine, that allowed for no notice to Edmonds’ citizens because it was not on the extended agenda or announced at a regular open council meeting does not allow us any insight to Ms. Maclaughlin's thinking on important issues. At the center of this opaque meeting exists a document to both appoint and confirm the hiring of a new development services director for Edmonds in one night with no input at all from the citizens of Edmonds. The only information citizens have about her is her name, Susan McLaughlin"...new information available now, but just a little LATE! My comments go back to previous issues, not thoroughly vetted, which cause me to consider that some members of the special council meeting being held today are still being tone-deaf to the citizens in our community. Considering past issues, it would seem to be expedient to have a much more transparent, open discussion on the opinions & qualifications of the current individual under consideration for this job. Her leadership will be very consequential to our community and she should hear our voice and the citizens should have some insight into the leadership concept this person has for the job being offered. I understand it is the mayor's and the council's decision, but it should and must be acceptable to the citizens of Edmonds; these people are our representatives, not our overlords. Bette From: Andrew Morgan Sent: Tuesday, October 12, 2021 3:10 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Process to appoint and confirm hiring of a new development services director for the city of Edmonds Edmonds City Council Members: Edmonds City Council Approved Minutes October 12, 2021 Page 21 Please delay the appointment and confirmation of a new development services director for the city of Edmonds until the city hosts a public forum to consider the prudence of such action. A public forum is necessary prior to any vote to confirm the new development services director in order to benefit from the wisdom of the public and ensure transparency in the process. Remember, the citizens of Edmonds are at the top of the city’s organizational chart: above the mayor, council, and all director positions in Edmonds. As the process is unfolding now, there is not even the opportunity for any citizen to comment or ask one question of this applicant. Your favorable consideration of this request would be greatly appreciated. All the best, Andrew Morgan A citizen of Edmonds From: Gary Pugh Sent: Tuesday, October 12, 2021 3:05 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Delay of Selection I am writing to ask the Council to delay the confirmation of Susan McLaughlin to the position of Development Services Director at this evenings council meeting. I perceive the action to select the proposed candidate to this office to be in conflict with the spirit of the Edmonds Comprehensive Plan, as stated in Goal A.1, page 3 of the plan: “ Decisions affecting the growth pattern of the community should be made with maximum of citizen participation”. The person filling the Office of Development Services Director certainly will make decisions affecting growth pattern of the community. As such, the citizens of the community must have access to participate in review of the person who the mayor and council have chosen during their vetting process. I believe that the mayor and council should brief the citizens of the candidate they’ve selected , the process used in making the selection followed by a reasonable time period for public input prior to moving forward with filling the office. I believe that to do less would be in conflict to the spirit of the afore stated Edmonds Comprehensive Plan. I also believe that to do less would reflect poorly on the mayor and the sitting council in terms of their demonstrated actions of taking the route of due process over expediency. Edmonds City Council Approved Minutes October 12, 2021 Page 22 Gary Pugh From: Vicki Hone Smith Sent: Tuesday, October 12, 2021 3:03 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: DELAY Today's Appointment of Development Services Director! I am requesting our Mayor and City Council members DELAY TODAY's appointment of Susan McLaughlin to the position of Development Services Director. The information given regarding Ms. McLaughlin in MEN today is helpful but much too late to show an effort toward transparency. And the citizens of Edmonds are still entitled to time for research and a public forum before this confirmation. Preserving our town's special character is too critical to allow this appointment without the citizens' input. Sincerely, Vicki Hone Smith Edmonds Resident From: Mona Carter Sent: Tuesday, October 12, 2021 10:42 AM To: council@edmonds.gov; Public Comment (Council) <publiccomments@edmondswa.gov>; LaFave, Carolyn <Carolyn.LaFave@edmondswa.gov> Subject: Confirmation of Susan McLaughlin Please postpone confirmation of Susan McLaughlin as Development Service Director to a future city council meeting. Confirmation is being sought during a Special Council Meeting that does not give the opportunity for citizens to make audience comments. The citizens of Edmonds would like time to research and assess any candidate who is being considered for this very important position.Transparency and collaboration in local governance is desired and required by the Mayor and City Council. Please postpone any confirmation vote to a future Council Meeting to allow for public feedback in an open Council session. Edmonds City Council Approved Minutes October 12, 2021 Page 23 Sincerely, Mona Carter From: Theresa Hutchison Sent: Tuesday, October 12, 2021 9:13 AM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Appointment and Hiring of development services director Good Morning, I am asking, as a constituent of Edmonds, that you delay the appointment and hiring of our new development service director. Yes, we elected you to represent us, but please keep in mind that the citizens of Edmonds are at the top of the organization chart and should have input into the hiring process of such an important position that will have long lasting consequences into Edmonds as a community. Please slow down to allow citizen input, open dialogue, transparency of this hiring process, and consensus. I would like to be able to ask Ms McLauglin what her views are for Edmonds’s future. If this was a question asked of her during her interview, perhaps the residents of Edmonds would like to see what her answer was. Do her views, does her vision, match mine or come close to what I and my fellow residents would like to see? This is a reasonable request of you. Respectfully, Theresa Campa Hutchison From: Cynthia Sjoblom Sent: Tuesday, October 12, 2021 8:50 AM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Development Services Director The press release came out yesterday there is not enough time for the council to confirm this appointment! The public does not know who this person is. Edmonds City Council Approved Minutes October 12, 2021 Page 24 The public needs more time than just one days notice! I'm not concerned about a competing offer because if that person cannot wait another week or too to accept an appointment, then Edmonds is not a priority to the appointee. Please stop the confirmation until the constituents have ample time to learn who will be behind the scenes making important decisions impacting all residents of Edmonds. The events occurring within city government is keeping citizens in the dark, hence no transparency. This cannot stand! Council, please use your power to restore process to your constituents. Cynthia Sjoblom From: Jeanne Hecker Sent: Tuesday, October 12, 2021 7:47 AM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Future Planning in Edmonds Please delay the appointment of a new development services director for Edmonds in the special council meeting on October 12th and allow citizens of Edmonds an opportunity to get more information about and provide input for the hiring of the mayor’s appointee. As a 50+ year resident of Edmonds I strongly believe city government’s priority should be to maintain our wonderful and unique community and not allow the development taking place in the communities around us. Thank you, Jeanne Hecker From: sellersabroad Sent: Tuesday, October 12, 2021 7:39 AM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Development Service director I do feel the hiring of this position definitely should be open to the citizens of. Edmonds as we go through rapid changes in our city . Edmonds City Council Approved Minutes October 12, 2021 Page 25 From: karen prater Sent: Tuesday, October 12, 2021 6:43 AM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Delay Vote Development Services Director! Transparency Now!! Citizen input crucial! Delay the Vote mayor and Council. Thank you. Karen Prater From: Robert Davis Sent: Tuesday, October 12, 2021 6:30 AM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Susan McLaughlin, proposed Development Director We the citizens of Edmonds must know the experience and qualifications of the proposed candidate before she is hired to work for us. Please do not try to rush this phase of the hiring process through! Robert & Claribel Davis, Edmonds From: Cynthia Sjoblom Sent: Monday, October 11, 2021 10:24 PM To: Council <Council@edmondswa.gov> Cc: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Public forum before confirmation Re. Development Services Director- it's an important enough appointment to allow citizen participation. There are many constituents who are quite concerned about moving this confirmation forward without public inspection. There maybe considerations that you hold that don't necessarily align with the citizens but it's important to allow public comments in a hearing. Please read Michele Dotsch's concerns about this process in LTE. I agree with her wholeheartedly!! Do not move forward with a confirmation without hearing from your constituents in a public forum first. Edmonds City Council Approved Minutes October 12, 2021 Page 26 Thank you, Cynthia Sjoblom From: Stephanie Bates Sent: Monday, October 11, 2021 6:32 PM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov>; Carlolyn.Lafave@edmonds.gov; Johnson, Kristiana <kristiana.johnson@edmondswa.gov>; Distelhorst, Luke <Luke.Distelhorst@edmondswa.gov>; Monillas, Adrienne <Adrienne.Monillas@edmondswa.gov>; Buckshnis, Diane <Diane.Buckshnis@edmondswa.gov>; Olson, Vivian <Vivian.Olson@edmondswa.gov>; Paine, Susan <Susan.Paine@edmondswa.gov>; Johnson, Laura <Laura.Johnson@edmondswa.gov> Subject: Please postpone confirmation of Susan McLaughlin as Development Service Director Dear Council, Please postpone confirmation of Susan McLaughlin as Development Service Director to a future city council meeting. No Press Release has been issued as of yet related to the appointment of Susan McLaughlin to the Development Services Director position, giving citizens no time to be included in this decision. Confirmation is being sought during a Special Council Meeting that does not afford the opportunity for citizens to make Audience Comments. The citizens, constituents, of Edmonds need and deserve ample time to research and assess any candidate who is being considered for this very important position. Transparent and collaborative local governance is required by the Mayor and City Council. Please postpone any confirmation vote to a future Council Meeting to allow for public feedback in an open Council session. How will Council Members know the will of their constituents otherwise? Thank you, Stephanie Bates From: Jim and Gail Sent: Saturday, October 9, 2021 11:50 AM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Public Comment on Bike Lanes Edmonds City Council Approved Minutes October 12, 2021 Page 27 I think that Alternative 2 for the bike lane on 100th Ave S is better then the Alternative 1. I have to say though that !00th Ave S to 244th Street/Hwy 99 is a short cut/suto highway used by many drivers coming from 10th and the Edmonds Ferry highway 104. I think there may be and issue there. Sincerely Jim Young