Washington state has laws that make it possible for their constituents to know what is happening within the governments that serve them.
Public Records and Public Meetings are required except for the most special of circumstances. In these cases executive sessions occur with the Council or Commission to discuss sensitive issues. These are usually with the executive and legal counsel, and include activities such as possible litigation or a future land purchase that could be jeopardized if publicly known.
In a well run agency, these sessions are kept to a minimum. Either because they are not needed, or used only when absolutely necessary. The People deserve to know what is happening and to possibly state an opinion for a diversity of view, helping our leadership know the will of the people.
Another example of transparancy within our governments is the Consent Agenda item. These might be every day government decisions that include no surprises such as payment of bills or prior decisions being made official by a majority of the Council or Commission. As a watch dog organization, Save The Waterfront but glances at a Consent Agenda of the County or City Councils.
Consent Agendas by the Port Of Bellingham are a different matter.
Concerning Consent Agenda Item #1:
A 25 year lease of a 6 acre plot of land in the very middle of Bellingham’s incredible and developing Waterfront. The Heavy Industrial activity, that was shut down 2 years later due to dangerous pollution, was voted for by all 3 Commissioners without conversation in a consent agenda where the item was buried, with little possibility of public knowledge. Not even the Mayor or Council of Bellingham knew of the decision. The acceptance of such a lease, so very far outside the intent of the Waterfront Subarea Plan, one with possible catastrophic outcomes, is not an “everyday decision” and is not transparent. Any one of the Commissioners could have requested that the subject be pulled into the regular agenda, yet neither Ken Bell, Bobby Briscoe, or Michael Shepard did so. Along the same lines Executive Director Rob Fix should have never placed the item as consent agenda in the first place.
Although the 25 year lease was not in the best interest of our community and damaged the environment, in the end it simply showed a horrible lack of judgement. Sadly, it was legal to do what they did.
Concerning Consent Agenda Item #2:
In August of 2024 another Consent Agenda was voted for 3-0. It included the hiring of Peter Frazier as a Public Relations consultant, for 1 year, at an annual cost of over $99,000. Strangely close to just under 100k.
This, again, was not an every day event. It was the creation of an important Public Relations campaign so that the Port could attempt to heal the years of lost trust in the community. PR is an everyday event for many governments, but only if all lawful actions have taken place prior.
Did a Commissioner such as Michael Shepard, who’s campaigns focused on transparancy, not know that the rediculous proposal by an inexperienced PR firm might need to be discussed? And if not for that reason, but for the reason that the hiring of Frazier for 1 year, with an expectation of extensions for 2, at a 1 year dollar amount $600 below the threshold for a requirement for competitive bid, was manipulation and illegal under Washington law.
Ports shall not structure contracts to evade these requirements. – RCW 53.19.020(4)
The Northern Light Newspaper recently reported that the Port has stated that it did publish a general notice under Municipal Research and Services Center (MRSC), yet the notice was general and did not mention the type of firm needed, nor for what purpose. Not sufficient.
Further pressed, port public affairs administrator Michael Hogan said an established governmentally focused PR firm, Enviroissues, had quoted a project for half the price.
A past Enviroissues employee, and local Bellingham resident, said recently about the contract…
“Pretty bad that a governmental PR powerhouse came in with a much lower budget. Constituent and public agency facilitation was literally what the company [Enviroissues] was built on.”
Summary:
- Large contracts are required to get multiple bids
- Costs of those contracts are not to be manipulated to allow for a sole source contract.
- Bids by experienced firms are to be accepted over inexperienced firms,
- Especially when the experienced firm is half the cost of the inexperienced one.
Yet, no one on the Commission said, “lets talk about this. We and the public deserve to know more and ensure legal compliance”.
In the end, the Good Ol Boys Club of 4 grew to 5. Was a minority/female owned, and managed firm too scary?
If these transgressions are not recognized as illegal, the lack of leadership and governance by Ken Bell, Bobby Briscoe, and Michael Shepard, over multiple years, should at least in the eyes of the voters, keep them away from further elected office or public employment.
Recently, Ken Bell, stated that he was worried that Save the Waterfront would attempt to tear the Port down.
Save The Waterfront has always supported the Port, its employees, and the economic benefits of the Port to the community.
- During tbe Commissioner’ debacle with ABC, Save The.Waterfront met with Union leaders and Longshoreman to find common ground and recognize each others concerns.
- Although it seems that Briscoe didn’t actually read our email to him during his last tirade, we continue to call out our support and thanks to the employees of the Port. This cannot be an easy time for them.
Challenging bad policy or decisions by leadership is a hallmark of our democracy. Especially when the agency (OUR Port) has been made so important to the success, or failure, of the community, economically and environmentally.
We look forward to the future of our Community. Together it will be bright.
