From Stark
On Tuesday, July 12, The Whatcom County Council takes its first public look at a new lease with Lummi Nation that should keep the Lummi Island Ferry operating for another 35 years. The lease agreement itself contains no surprises at this point, but county officials are also being asked to agree to curb public statements about the deal.
An “intergovernmental framework agreement” that is being brought to the council alongside the lease deal contains this language:
“Any potential media announcements or discussions regarding this agreement and the implementation of this agreement will be jointly discussed with the goal of agreement by the parties in advance to ensure that the sentiments expressed represent an accurate and balanced description of the subject matter involved. The parties will discuss foreseeable public events or open meeting where media may be present and/or where communications on the parties’ discussions may occur with other parties — with the intent to avoid surprises if at all possible. Neither party will make a statement characterizinig the position of the other party to any media relating to the substantive issues under discussion. Statements to the media by the individual parties apart from those referenced above should be limited to acknowledgement that discussions are ongoing between the parties with a view towards reaching agreement on issues concerning the project area, or other matters as may be appropriate.”
I’m not even sure what this means. Does it mean an unhealthy restriction on Whatcom County officials’ freedom to discuss a costly public contract with their constituents via “the media?”
Or is it a reasonable limit on public airing of sensitive talks between the county and a sovereign government?
I have emailed County Executive Pete Kremen and Council President Sam Crawford seeking their understanding of this paragraph. I have also left voicemail for Dan Gibson, assistant chief civil deputy prosecuting attorney. Stay tuned.
Stripped of all the superfluous verbiage (sounds like it was written by a very inept lawyer!) it seems to be a gag order. Coming as it does after lengthy negotiations behind closed doors, this is a major slap in the face of all citizens of Whatcom County!
How can the current leadership in the executive and legislative branches of the county gag future office holders of their right to free speech? I can’t imagine this would pass Constitutional muster. I could see it if you personally signed it, but you can’t encumber the future leaders like this. We should not, any of us have to jump though hoops in order to speak our mind on any issue.
Whatcom County does not have the authority to negotiate away state mandated public disclosure requirements. What are they thinking agreeing to give the Lummi’s pre-approval rights before making public statements? The public’s right to open, transparent government comes before anything else. Thank you John, for following up on this, and please keep us posted.
This gag order was ineptly written by Dan Gibson, whose signature is on the framework agreement and preliminary lease structure. He very likely inserted the language at the request of the Lummis, though it isn’t likely anyone at the county objected much. The county consistently misunderstands the import of Indian sovereignty and fails to regard it as being subservient to US sovereignty, as it has been declared to be for the entire course of the country’s history. In short, the county rolls over at the slightest whim of the tribe.
The lease can be viewed at http://plicferry.org/wp-content/uploads/2011/05/Ferry-Lease-Agreement.pdf.
Or at http colon slash slash bit dot ly slash r429RD
This agreement appears to give every member of the Lummi Nation and their vehicle free passage . . . as as the system is struggling for revenue and looking to reduce costs.