Council OKs climate goal resolution, makes no progress on Code of Conduct

Councilmembers discussing the Code of Conduct Tuesday night.

Last week, the Edmonds City Council started discussing a proposal for a new code of conduct. On Tuesday night, an effort to continue that conversation fell apart as decorum deteriorated. The meeting abruptly adjourned after the council couldn’t muster a supermajority vote to extend the meeting past 10:30 pm.

During the council’s Committee of the Whole meeting last week, councilmembers spent considerable time going over a proposal by Councilmember Laura Johnson to review the draft she created as a starting point for replacing the council’s current Code of Conduct, passed in 2013. Reaction last week to the new proposal was mixed, with some councilmembers supportive and others expressing concern that some of the language was restrictive or subjective.

Further consideration of the draft code was on the agenda for Tuesday night — slated as an action item. But after discussion, councilmembers agreed to designate both the proposed code of conduct and a proposal to increase the fine for fireworks violations as study items rather than action items. (Study items generally are meant to provide more time for consideration, with no action taken.)

That left just one action item on the agenda — a proposal to approve the city’s climate goals resolution. That measure, which the council passed unanimously, sets a climate target for the city that involves identifying actions the city can undertake to minimize actions that contribute to global climate change. The resolution gives the city a roadmap to follow in helping worldwide efforts to limit the increase in the global average temperature to 1.5°C — or less — above pre-industrial levels. You can learn more on the city’s Climate Action webpage.

As for the code of conduct, author Laura Johnson began the discussion Tuesday night by reiterating that her effort was a draft aimed at giving councilmembers an “opportunity to discuss improve civility and decorum, to address council interactions with staff and to clarify our roles with respect to boards and commissions.” Addressing criticisms of the effort, as expressed by some councilmembers and citizens, Johnson added that the measure is not aimed at preventing councilmembers from introducing, discussing or debating issues, “though it does require doing so with civility and respect.” She also rebutted claims that she didn’t draft the code of conduct on her own, stating “this has been my undertaking from beginning to present.”

“The continued claim that I am a cover for another’s effort is both insulting and unfounded,” Laura Johnson said. “Instead of speaking to the substance of the issue there is a focus on experience and includes attacking character and motive, which pretty much makes my point for this discussion.”

Councilmember Vivian Olson said she was concerned that the council didn’t have an opportunity at last week’s meeting to discuss the current code of conducted, and “what we were trying to fix with any updates or changes.”

But Councilmember Susan Paine called the effort to develop the new document a good step for the new council, stating it was “important for us as part of building our own culture.”

“We need to build expectations and hold each other accountable through codes of conduct, and it’s not unreasonable,” Paine continued.

Both Council President Adrienne Fraley-Monillas and Councilmember Luke Distelhorst agreed that the document — like other city policies and procedures — should be reviewed on a regular basis, and that after seven years, it was time to consider revisions.

Noting that the council had a “lengthy discussion” on the code of conduct last week, Councilmember Kristiana Johnson asked Laura Johnson why none of the suggestions offered during that meeting made it into the draft presented Tuesday night. Laura Johnson replied that in her opinion, incorporating those suggestions would be difficult to do because there could be competing opinions on what to change. “In my viewpoint the best way to strengthen or clarify this (the code of conduct) is through the amendment process,” she said.

“What is the point of having a discussion if we’re just going to go to the amendment process?” Kristiana Johnson asked. “If you’re ignoring our comments it’s very hard to be a code of conduct for the whole council,” she said, adding that it needs to be “a collaborative process.”

Distelhorst said he appreciated Laura Johnson’s effort, stating that her work “is more definitive than what’s there (in the current code). I really appreciate a lot of the both specifics and procedures and guidance that’s in this proposed code.” He said he hoped that the council would have an opportunity for further collaboration and amendments “to make it a document that people are proud of and that does create a work environment that we can all not only adhere to but support.”

Buckshnis, however, reiterated her statement from last week the the new code “is extremely subjective,” and also mentioned council minutes from May 2020 when “she (Laura Johnson) criticized my behavior.” Buckshnis suggested that a committee be formed to review the code, and that effort should also include involvement from citizens. She also said the council should be focused on work related to the pandemic and city budgeting. “Instead, we’re worried about how we’re conducting each other or policing each other,” she said. “I just think it needs to go back to the drawing board.”

Later, Laura Johnson offered an apology to any councilmember who felt their concerns about the code of conduct process were ignored, reiterating that she believes doing changes by amendment “seems more straightforward and fair.”

Growing increasingly frustrated with the discussion, Fraley-Monillas stated her support and appreciation for Laura Johnson’s effort to draft the initial proposal. “To not be willing to start looking at this is a slash at Ms. Johson and all the work she has done on this,” she declared.

The council president also pointed out that even though the item was moved from an action item to a study item for discussion, “the council could still choose to pass it. If there’s four votes to move it, we move it, like it or not.”

Fraley-Monillas then asked City Attorney Jeff Taraday how to best discuss the document, and if she needed to make a motion “to put it on the floor.”

“You’ve been discussing it for the last 20 minutes without having a motion on the floor,” Taraday replied, adding that motions are required to amend the document but not to discuss it. The city attorney then suggested that the council “try to get on the same page about what the purpose of this session is and see if you can do that without motions.”

Fraley-Monillas replied that she specifically wanted to talk about changes councilmembers might have to the document, and then asked Taraday how to proceed.

“Well you have the floor right now,” the city attorney replied. “I suppose you can start talking about whatever part you want to talk about.”

“OK, I’m fine with that,” replied Fraley-Monillas, who then launched into a sentence-by-sentence reading of the document.

Within a few minutes, Buckshnis called for a point of order. “Is this a filibuster? What are you doing? she asked.

Mayor Nelson then requested that the council president “tighten it up a little bit,” asking if it was her intent to read the entire proposed code of conduct.

“I’m going through to see what we agree on,” Fraley-Monillas replied. “Otherwise we’re just talking nonsense.” That remark generated a chuckle from Kristiana Johnson, which prompted Fraley-Monillas to reference some of the other councilmembers’ body language, including “laughing and throwing our heads back and rolling our eyes.”

Nelson noted that councilmembers needed to vote whether to extend the meeting, since they had reached the end of their 30-minute extension to 10:30 p.m. Laura Johnson made a motion to extend for 10 minutes “so we can wrap up,” which was seconded by Fraley-Monillas.But the proposal failed to gain the supermajority needed, so the meeting was immediately adjourned.

Also on Tuesday night, the council heard reports on two items:

– The city’s critical areas. A critical area determination is required for all properties that have a development proposal that will include some ground disturbance and where there has not been a critical area determination within the last five years.

– A proposed Comprehensive Plan Map amendment that would change the designation for the Haines Wharf site from Mixed Use Commercial to Open Space. Environmental Programs Manager  Kernen Lien explained that the current Haines Wharf site has not been used for commercial purposes in many years and that such a designation doesn’t fit the character of the surrounding residential neighborhood. A public hearing on the matter is set for Sept. 1. You can read more about the history of Haines Wharf in our earlier story.

— By Teresa Wippel

 

 

 

  1. It’s ironic that Councilmember Laura Johnson said “The continued claim that I am a cover for another’s effort is both insulting and unfounded,”. For a single Councilmember to write new code without vetting of full Council, without the participation of any other Councilmember, of staff, and without citizen input is insulting and disrespectful to the legislative authority of Council, and to the legislative process itself.

    The point that has been proven here is that when a Council President puts forth new legislation (code) without proper vetting by Council, then continues to disrespect Councilmembers’ legitimate concerns about the new code, justified outrage will be generated and expressed by Councilmembers, and by citizens.

    Council President Adrienne Fraley Monillas’ proposed Council Code of Conduct should be tabled or postponed indefinitely.

      1. Don,

        Thank you. And thank you for all of your input to Council when I was a Councilmember and we were working on Resolution No. 1306, our Code of Conduct.

  2. It is also ironic that Fraley Monillas is the person with the worst behavior and reputation for bad behavior with other council members, staff and the public. It is no surprise to see her behavior continue around the whole issue of a code of conduct. I hope that she continues to get called out for her lack of professionalism and her manipulative ways.

  3. How incredibly sad that and ironic that Council members continue to bicker about codes of conduct old and new. Maybe it’s time to put this whole topic to rest and dive into working together on the many important issues facing our greater Edmonds community. If the goal is finding common ground rather than staking out individual or block positions, maybe there’s hope for having a Council that has its full energy and emphasis focused on our city and its citizens rather than on each other.

  4. I am incredibly disappointed with the way Ms. Laura Johnson has been treated. The insinuations that she didn’t draft this herself, that it’s overreach, that she lacks experience – it’s just uncalled for, to put it lightly. Ms. Johnson is one of the most thorough and thoughtful people I have had the pleasure of working with. She makes it her full time job to understand whatever issue she’s working on and is always prepared. I can vouch that she has put hard work and countless hours of research into this draft. It is infuriating and disheartening to see other women belittling her very earnest and well meaning initiative to make council a better governing body.

    1. Ms. Damron,

      This is not about the work Councilmember Laura Johnson has done writing new legislation (code). This is about the fact that NO work was done on this new code by Council as a body, by city staff, or by the city attorney, prior to Council President Fraley Monillas putting the new code onto Council’s agenda for review.

  5. Edmonds already has a Code of Conduct that covers the basics of civil behavior on the part of city officials and staff. Are there deficiencies with that current code (I’m not seeing any)? How do other cities handle such matters? Do neighboring cities like Lynnwood or Shoreline have codes of conduct applicable to city officials?

    Perhaps council staff could do a little research and answer some basic questions, at the very least provide some useful background information. That might help illuminate a way forward.

  6. The expressions say it all. Like a dentist’s waiting room waiting to get a tooth pulled. So much for the code of conduct.

  7. If you haven’t watched the portion of Tuesday night’s council meeting where the Council discusses how to proceed regarding the proposed new Code of Conduct, I highly recommend you take the time to do so. This section begins at the at 2:45:38 mark.

    At the 3:11:20 mark you will watch our current Council President speaking out of turn, shushing another council member and later scolding that same council member to “put her in her place”. It was embarrassing to watch. I would hope that a person with her extensive experience on council would be able to behave more professionally.

    I think many Edmonds residents would simply like to see a Council that works together (votes consistently of 4 to 3 is not encouraging), follows proper procedural processes and most importantly, focuses its time on dealing with how COVID is and will impact the City of Edmonds rather than bickering over who created what, pushing ahead with a draft when the usefulness of its creation doesn’t seem pertinent and commenting on people’s facial expressions over Zoom. The residents of Edmonds deserve better.

    Link to the meeting: http://edmondswa.iqm2.com/Citizens/SplitView.aspx?Mode=Video&MeetingID=3273&MinutesID=2607&Format=Minutes&MediaFileFormat=mpeg4

    1. I also encourage citizens to watch a segment of the June 2, 2015 City Council Meeting. Immediately after choosing to violate a State Law requiring a Public Hearing within 60 days, Council adopted our “start small” Code of Ethics. The discussion starts at the 37:00 mark of the video and lasts less than 10 minutes.

  8. Ken Reidy,

    The resolution is messy, confusing, appears to be illegal from the state’s laws, but the City of Edmonds made a timing mistake so, oh well. And, Council Member Adrienne Fraley Monillas stated she spoke with a staff member and that this irregularity wouldn’t happen again.

    From watching the video, according to Edmonds City officials, the Attorney representing the City of Edmonds said that it was okay to hold a hearing 17 days later than the state required (even though the 60 day limit was what held the city accountable).

    The June 2, 2015 hearing appears to have effected citizens cases before, during, and after that date. Council Member Fraley Monillas motioned to pass the resolution number, 1336. After Council Member Joan Bloom stated she would be abstaining because it was mishandled and the hearing was not within the 60 day period, Council Member Fraley replied, “seeing it serves no purpose to vote against it, I am going to vote for it.”

    Also, the minutes show Council Member Mesaros abstaining – not Council Member Bloom. Unless I am mistaken, the minutes are inaccurate. The minutes also show Bloom seconding the motion, and on an ordinance and not a resolution. I encourage someone to fact check. If it is wrong, the city should correct this.

    In addition to being inaccurate, the minutes do not include Council Member Bloom’s Q&A with the staff during the hearing. The Mayor had even prefaced Council Member Bloom’s questions to the rest of the Council for their okay. Mayor Earling acknowledged the Council’s consent. So why are there no recorded minutes of her questions and the staff members responses to the legal and timing questions?

    Packet Pages 88 to 100
    Video Minutes 24:00 to 37:00

    http://edmondswa.iqm2.com/Citizens/SplitView.aspx?Mode=Video&MeetingID=1862&Format=Minutes

    1. Thank you, Lori, for taking the time to review what took place during the June 2, 2015 Council Meeting. I hope many others will do so.
      The June 2, 2015 video is a window into our City government. The video shows:
      1. Despite citizen interest and citizen public comment provided BEFORE the meeting, five Councilmembers simply chose to openly violate RCW 36.70A.390.
      2. Council President Fraley-Monillas stated immediately before the vote that “seeing that it serves no purpose to vote against, I’m going to vote for it”.
      3. Councilmember Bloom abstained because the State Law required a Public Hearing within 60 days.
      4. Following the violation of State Law, the meeting moved forward to the next item on the agenda, adoption of the Code of Ethics.
      5. Immediately after the Code of Ethics topic was introduced, Council President Fraley-Monillas made a motion to adopt a different Code of Ethics than the one scheduled for discussion.
      6. The reading of an email from Councilmember Buckshnis, absent that evening, which stated “I have always been of the opinion to start small and I liked what both Strom and Adrienne put forth – so let’s just march on.”
      The Code of Ethics moved by Council President Fraley-Monillas, however, was not the document that Strom and Adrienne had put forth. Packet page 139 of the June 2, 2015 Council Packet shows that on April 30, 2015, Council President Fraley-Monillas had redlined the following from the version she preferred:
      -Follow Washington statutes, city ordinances or regulations in the course of performing duties.
      Strom’s last day on Council was in early January, 2015. As such, he played no role in removing “Follow Washington statutes, city ordinances or regulations in the course of performing duties” from the Code of Ethics.

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