2017-01-31 Meeting to discuss Napavine City CouncilMeeting to discuss Napavine City Council
January 31, 2017
12:59 p.m.
Present: Commissioner Stamper, Commissioner Fund, Commissioner Jackson, Jonathan Meyer, Glenn
Carter, David Fine, Becky Butler
Recorder: Rieva Lester
Prosecuting Attorney Jonathan Meyer directed the BOCC to RCW 7.56.020. He said Napavine may have
acted contrary to the law with its appointments of Wheeler and Sullivan. He said one was appointed
contrary to law and the other likely was appointed contrary to law.
Jonathan said Wheeler was appointed to Position 4, McNelly’s vacant position. He said Napavine did not
appoint Wheeler before the deadline set by RCW. He said Napavine lost the ability to appoint someone.
After the city’s deadline, the county then has 90 days to appoint someone. If the county doesn’t do so,
the governor could.
Jonathan gave the following timeline: Position 3 was vacated in December 2016. Napavine made the
appointment in June 2016 after someone failed to run for the open position, which makes the
appointment invalid.
Jonathan said Sullivan was appointed July 16.
Jonathan said he had spoken with the city attorney. Jonathan said recent votes likely were invalid.
Jonathan said the BOCC has a few options, such as the following: the BOCC could do nothing, it could
work with city, it could go to the governor. He said the PA’s Office could file suit to remove those who
were appointed contrary to the law.
David Fine said all expenditures have been illegal since the beginning of the year.
Becky Butler asked for clarification about the voting majority, whether a majority meant the majority of
all positions or just the majority of the elected members present at a particular meeting.
The group discussed the definition of majority depending on the verbiage of the charter, if there is one.
Jonathan said that if Sullivan was appointed illegally, Jen Slemp’s vote is the only vote that counts.
David Fine said whoever is signing checks may be responsible for the money.
Jonathan discussed Penny Jo Haney.
Becky Butler said two potential council members were interviewed in January.
Jonathan said the only position the Napavine City Council could appoint would be Position 2.
David Fine said voters could force the county to make an appointment. He discussed the possibility of
“blue-ribbon” appointments.
David Fine said it’s unclear whether the BOCC’s role is considered a duty or an opportunity according to
the RCW.
Commissioner Stamper asked whether it is the BOCC’s responsibility to reach out to Napavine.
Jonathan said Napavine has city employees out there doing basically unauthorized acts.
Jonathan said Napavine had asked about outsourcing prosecutorial and court duties.
Jonathan reiterated that it appears the appointments of Wheeler and Sullivan are illegal.
Jonathan said there are two options: Have the Prosecuting Attorney sue the people holding the
positions illegally or have the county step in and ask the city to remove the council members who were
appointed illegally.
Commissioner Jackson asked for clarification about screening potential council members.
Commissioner Stamper discussed having interviewed candidates for the Morton council.
Glenn Carter cautioned that doing something legally and honorably doesn’t mean it won’t be perceived
as political.
Becky Butler said the citizens are 99 percent for having the BOCC appoint members to the City Council.
“They’re being told not to talk. They’re being kicked out,” she said. “It’s a dictatorship.”
Commissioner Fund said there’s one position, Laverne’s, that they could fill.
Jonathan reiterated that Craig Sullivan’s appointment to Position 5 is not legal.
Becky said residents want change. They want development. She said the people are upset about the
annexed area, and they feel like they aren’t being listened to.
David Fine said that it’s not required, under the law, to allow public comment.
Becky said, “All these people invested at the bottom of the hill and then hit roadblocks, roadblocks, and
roadblocks.” She said people are pushing to come to the commissioners because they feel the mayor is
only there to push his own agenda.
Jonathan said Mayor Sayers is in office until 2019.
Jonathan said the board could allow the city to pick the candidate the BOCC would appoint.
Jonathan said he told Napavine City Attorney Mark Scheibmeir that Wheeler’s appointment is not legal.
Glenn Carter said someone should meet with Scheibmeir to say Wheeler’s appointment is not legal and
the other appointment, Sullivan, is questionable and likely not legal.
The group discussed Craig Sullivan, who is filling an unexpired term (Position 5) and would have to run in
2017. Jonathan said Jenifer Slemp, Robert Wheeler, and Craig Sullivan – and anyone appointed before
July – would have to run in the next election.
Jonathan said the Prosecutor’s Office will meet with the city and Scheibmeir and then report to
commissioners during the next Prosecutor’s Update.
Commissioner Stamper discussed a recent hatchery problem. He said a hatchery lost 600,000 fish. He
said Pat from Tacoma Power has said four or five groups want to sue Tacoma Power over the fish loss.
Commissioner Stamper said Tacoma Power plans to meet with the board on Feb. 14. Commissioner
Stamper said the hatchery didn’t release any fish.
David Fine asked how the lost fish would affect or damage the county.
Meeting ended at 1:47 p.m.