Our Fourth Councilman?

According to State law, our elected Prosecuting Attorney serves as a legal advisor to our Council while also representing the County in all criminal and civil proceedings where the County is a party. Under our Charter, the Council must use resolutions to declare policy or exercise its executive power.

When the County's CAO was appealed to the Growth Management Hearings Board (GMHB) in June 2013, our Prosecuting Attorney's (PA's) Office defended the ordinance in front of the GMHB. I want readers to take particular note of the date. The GMHB hearings occurred during June 2013 ... after our new three-person Council took office. Our PA's defense of the CAO ostensibly took place under the direction of a different Council from the one that rammed the CAOs down our throats in its waning days last December. Our current Council has not passed any resolutions declaring its policy stance towards the new CAO nor directed the PA to defend any particular position regarding the previous Council's CAO work product.

Then, when the GMHB ruling came down in September 2013, it was the PA who issued a press release declaring the GMHB outcome to be largely a victory for the County. Again, there was no comment or resolution from the County Council.

Even though the GMHB ruling struck down parts of the County's CAO, the County did not file to defend the new CAOs in Superior Court (CSA and the Friends have filed suit with Superior Court). Again, there has been no comment or resolution from the County Council.

Last week, the PA's office opposed a Motion to Stay brought by CSA regarding enactment of the new CAO. CSA seeks to stay the implementation of the new CAO until the legal issues can be fully resolved by the courts. Along with the Friends, our PA's office, on behalf of our County, is opposing the motion. Again, there has been no comment or resolution from the County Council.

Let's review ...

• New Council takes over in May 2013.  What do we hear from our Council about the CAO? ... crickets.
• The GMHB hearings occur in June 2013. What do we hear from our Council in terms of coordinating with the PA on a position regarding the CAO? ... crickets.
• The GMHB ruling is issued in September 2013. What do we hear from our Council? ... crickets.
• CSA and the Friends file to take the GMHB ruling to Superior Court in October 2013. What do we hear from our Council? ... crickets.
• Our PA files an opposition to CSA's Motion to Stay in October 2013 ... and so do the Friends.  What do we hear from our Council? ... crickets.

No one knows how the new CAOs will affect wildlife in the San Juans, but the crickets are flourishing at the County Council chambers.

With last week's opposition to stay, this Council cannot hide from the CAOs anymore. We already knew of Stephens' advocacy for the CAOs, since he voted for them. Now, we have to put Hughes' and Jarman's names alongside those of Pratt, Miller, Fralick, and Rosenfeld as those who are forcing a dysfunctional CAO upon us. Not even Pratt, Miller, Fralick, and Rosenfeld took court action to have the CAOs enacted, but last week, this Council allowed our PA to do just that. While our Council does nothing, Gaylord is making up County policy out of thin air ... and our Council sits on its hands doing nothing to stop it.

The CAOs have acquired several nicknames over the past few years ... Crazy Asinine Ordinance, Critical Agenda (21) Ordinance, Can't Avoid Obedience ... but under this Council, it might as well stand for "Currently Absent Officials." Despite the fact that the CAOs were a major election issue, this Council has done nothing about them, and in the resulting policy vacuum, our PA has been happy to act in their place.

Who is directing our PA regarding the CAOs?  Answer: Not our Council.

Quickhits: Nonpartisanship, Planning Commission

Don Pollard has a great letter in the Island Guardian about nonpartisanship. Howie Rosenfeld says that everything is partisan. What do you think?

The appointment of Tim Blanchard to the Planning Commission is getting a lot of attention. Blanchard is on the Board of the Common Sense Alliance (CSA), and he replaces Evelyn Fuchser, whose term expired. Fuchser was on the Board of the Citizens Alliance for Property Rights (CAPR).

Blanchard's appointment caused David Dehlendorf (husband of a Planning Commissioner) to send an apoplectic email to the County Council, objecting to Blanchard's appointment. You can read Dehlendorf's screed here. Dehlendorf is concerned about CSA having too many members on the Planning Commission, but if Dehlendorf had examined the voting records of the "CSA Planning Commissioners," he would have realized that they have not voted as a bloc -- not even regarding the CAOs. The people who have voted as a bloc on the Planning Commission have been most of the non-CSA, non-CAPR members. Susan Dehlendorf, Barbara Thomas, Bob Gamble, Stephen Adams, and Karin Agosta almost always vote the same way, and nearly all of them are involved in the campaigns of Byers and/or Pratt.

Why the sudden concern for balance on the County's committees? For me, the fuss is reminiscent of the racial integration of schools back in the 50s, with Dehlendorf playing the role of George Wallace standing in the schoolhouse door. Goodness, we can't have integration here. That would destroy our way of life!

Blanchard just wrote to the Council in response to Dehlendorf's letter. Have a look.
________________________________________________

 Members of the County Council:

I am writing to address recent assertions by David Dehlendorf that I failed to "fully and properly" disclose potential conflicts of interest in my application to serve on the Planning Commission.  (San Juan Islander, Feb 6, 2013.)  I am at a loss concerning the relevance of much of Mr. Dehlendorf's letter, but wanted to make clear to Council that my disclosure of potential conflicts was "full" and "proper."

For the record:

I am a member of the Board of Directors of the Common Sense Alliance (CSA), a nonpartisan, nonprofit, 501(c)(3) organization.  As its website states, CSA "provides the vehicle through which information can be provided to citizens and government alike, allowing citizens to be more engaged in our charter government and requiring government to follow established law and process to provide fair and enforceable laws for Islanders." www.commonsensealliance.net.

In my application, I identified CSA as an organization in which I "serve in a decision making capacity," and further disclosed my service as an officer of the Board.

I do not serve as CSA's "principal attorney."  Neither I, nor my firm, have ever been engaged as legal counsel for CSA or provided legal advice to CSA. Public comments that I have made on behalf of CSA were made in my capacity as one of CSA’s vice presidents.

I am not a "party to a lawsuit against the County." Nor has CSA initiated a "lawsuit" against the County.  CSA recently filed administrative appeals with the Growth Management Hearings Board, in furtherance of its public comments regarding the recently adopted Critical Areas Ordinance provisions. 

I am not sure why Mr. Dehlendorf was unaware of the vacancy on the Commission.  The regular vacancy notice and request for applications were posted on the County website and I believe the terms of Planning Commission members have also been consistently listed on the County website.

Please let me know if you have any questions.

Sincerely,

Tim Blanchard