Everett council’s closed-door meetings called into question

EVERETT — City Councilman Mark Olson wanted to do his homework before voting in June for a $1.5 million project to turn a former bank into a workspace for a children’s theater.

So he did what he’s often done: He asked city staff to dig up records of past closed-door Everett City Council discussions on the matter.

That’s when he said he learned city staff had stopped taking detailed notes during executive sessions.

Now he’s calling for an explanation as to why the city took that action without telling — much less consulting — the council.

He said the city is taking “a defensive government posture.”

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

“It’s always easier to have tough discussions in private rather than public, but it’s not always the best way to conduct the people’s business,” Olson said.

The city stopped taking detailed records of closed-door sessions on Feb. 4, city spokeswoman Kate Reardon said.

The City Council is aware of Olson’s concerns and city staff say they are looking into the matter. None of those involved with making the decision to stop documenting closed session was available to comment Friday, Reardon said.

City councils are supposed to conduct the people’s business in public. State law allows for a few specific exceptions when city leaders can take conversations behind closed-doors for an executive session, such as setting the price of real estate, discussing litigation or for personnel matters.

The city isn’t required to keep records of what happens during these closed-door talks.

Olson said it’s prudent to do so anyway because it allows city leaders to understand why certain decisions were made.

“We just rely on memories, and memories are a poor way to track issues,” he said.

Open government advocates would like to see agencies keep audio recordings of closed-door sessions for another reason.

Doing so would provide a check on elected officials who might let private talks stray into topics that ought to be hashed out in public.

The state auditor and attorney general offices jointly sponsored a bill in the Legislature that would have required city councils and other government agencies to audiotape closed-door sessions. Those tapes wouldn’t be open to public disclosure unless there was cause to believe the law had been violated.

Then a judge could review those tapes in private, and if the judge agreed, those portions of the secret session could be made public.

That bill didn’t go anywhere, said Tim Ford, an open government ombudsman with the state attorney general’s office.

“It was incredibly unpopular with local governments,” he said.

Government officials argued it would cost too much to record meetings and they couldn’t adequately secure the recordings, said Toby Nixon, president of the Washington Coalition for Open Government, which supported the measure.

“If you talk to them in side conservations, they’ll say it chills discussion to have it recorded,” he said. “But that’s the whole point. The executive session is for certain, very limited purposes. All other discussions are supposed to happen in public.”

Now city leaders across the state are faced with a conundrum. Those records are helpful for elected officials but they are also subject to disclosure, Ford said. That means information best kept private — such as how much money the city wants to spend on property — could be released if someone asks for it.

For that reason, many cities are deciding not to keep any notes about what happens in closed-door meetings at all, said Pam James, a legal consultant Municipal Research and Service Center of Washington, an organization that advises cities on how to follow the state’s Open Meeting Act.

She said her organization tells cities that they don’t have to keep notes of executive sessions but lets them decide.

In Everett, the city’s legal staff said they’d address the matter soon, perhaps at this Wednesday’s evening meeting, Councilman Drew Nielsen said.

“I think he’s got a good point,” Nielsen said of his fellow councilman’s complaint. “In the absence of any more detailed notes or minutes, it’s just everybody’s recollections about what points were made.”

Debra Smith: 425-339-3197, dsmith@heraldnet.com.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Aaron Weinstock uses an x-ray machine toy inside the Imagine Children Museum on Tuesday, Dec. 3, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Imagine Children’s Museum $250k grant reinstated following federal court order

The federal grant supports a program that brings free science lessons to children throughout rural Snohomish County.

Snohomish County 911 Executive Director Kurt Mills talks about the improvements made in the new call center space during a tour of the building on Tuesday, May 20, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
New 911 center in Everett built to survive disaster

The $67.5 million facility brings all emergency staff under one roof with seismic upgrades, wellness features and space to expand.

Everett
Five arrested in connection with Everett toddler’s 2024 overdose death

More than a year after 13-month-old died, Everett police make arrests in overdose case.

Madison Family Shelter Family Support Specialist Dan Blizard talks about one of the pallet homes on Monday, May 19, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Madison Family Shelter reopens after hiatus

The Pallet shelter village, formerly Faith Family Village, provides housing for up to eight families for 90 days.

Helion's 6th fusion prototype, Trenta, on display on Tuesday, July 9, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Helion celebrates smoother path to fusion energy site approval

Helion CEO applauds legislation signed by Gov. Bob Ferguson expected to streamline site selection process.

Everett Historic Theater owner Curtis Shriner inside the theater on Tuesday, May 13, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Historic Everett Theatre sale on horizon, future uncertain

With expected new ownership, events for July and August will be canceled. The schedule for the fall and beyond is unclear.

The Mukilteo Boulevard Homer on Monday, May 12, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
‘Homer Hedge’: A Simpsons meme takes root in Everett — D’oh!

Homer has been lurking in the bushes on West Mukilteo Boulevard since 2023. Stop by for a selfie.

Pat Cronin and Jamie Lyon look over a zoning district map draft of Everett on display during an Everett Planning Department open house at Everett Station on Wednesday, Feb. 26, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Everett to release final draft of comp plan

The city will release the draft of the planning document on May 30, staff said. It will likely go to a vote before the council in June.

Traffic moves across the US 2 trestle between Everett and Lake Stevens on Wednesday, Oct. 9, 2024. (Olivia Vanni / The Herald)
Washington climate goals jeopardized by U.S. Senate vote

The U.S. Senate revoked waivers allowing Washington to mandate strict vehicle emission standards

The Everett City Council on Wednesday, April 16, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Everett City Council approves apprenticeship ordinance

The new ordinance builds upon state law, requiring many city public works contracts to use at least 15% apprentice labor.

Logo for news use featuring the municipality of Stanwood in Snohomish County, Washington. 220118
Stanwood nears completion of deployable floodwall

The new floodwall will provide quick protection to the downtown area during flood conditions.

Cars drive along Cathcart Way next to the site of the proposed Eastview Village development that borders Little Cedars Elementary on Wednesday, May 7, 2025 in unincorporated Snohomish, Washington. (Olivia Vanni / The Herald)
Former engineer: Snohomish County rushed plans for Eastview development

David Irwin cited red flags from the developers. After he resigned, the county approved the development that’s now stalled with an appeal

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.