09/09/2005: "BOCC Should Follow Law"

Once again, the BOCC illegally uses executive session, this time to try to make a deal with Friends of the San Juan's on the ADU issue. Executive session in this case is supposed to maintain Attorney Client privilege, not to try to make some kind of deal or settlement. When the opposing parties meet, Attorney Client privilege has already been waved. So what is the BOCC hiding from us?

Without taking sides, lets ask another question. Why has this reached this point? Friends may have an unpopular position, but the reason that they are winning is that the BOCC once again has ignored State Law. The job of the Prosecutor is to provide legal advice on these matters. Either the BOCC got bad legal advice or chose to ignore the advice that was given. Result, faced with another potentially costly loss in Court, they must now try to make a deal. Their position is weak, so it will most likely be a bad one. Most sensible negotiators try to make a deal before they are on the ropes, and have spent lots of money in court.

If the BOCC wants to help its constituents, they could start by following the law. I would be interested in finding out the current and potential cost of litigation as a result of acting illegally. I would guess that it is a pretty big number. The second thing they could do would be to use executive session for what it is intended for, as opposed to making secret deals and spending tax money without public dialogue.

Piet Visser
Friday Harbor