MEETING: COMMISSIONERS MEETING at Mon, Aug 25, 09:00 AM

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MEETING DATE: 2025-08-25

Public Comment on Immigration Policy

Metadata

  • Time Range: 00:01:07.000–00:12:08.000
  • Agenda Item: Not Stated (Part of routine Public Comment)
  • Categories: public safety, services, ordinances, social justice

Topic Summary

A public commenter urged the Board of Commissioners (BOCC) to adopt a local resolution strengthening protections for the Hispanic and immigrant community, citing an existing 2017 Port Townsend City Council resolution (Resolution 17-014) as a model and noting that the nearby City of Glendale had severed ties with ICE. Commissioners expressed support for revisiting and possibly updating local policy, noting that the issue requires ongoing attention and is related to existing state laws intended to protect vulnerable populations. They also directed the commenter to an afternoon presentation on state acts intended to protect courts.

Key Discussion Points

  • A commenter (unnamed, in the room) presented a copy of Port Townsend City Council Resolution 17-014 (passed in 2017) and urged the county to adopt a similar resolution to stand up to the federal government, especially considering the local agricultural workforce (01:51:000).
  • The commenter highlighted a point in the resolution stipulating that the Port Townsend Police Department will not detain or arrest a person based on immigration or citizenship status unless pursuant to a federal criminal warrant issued by a judge (02:44:000).
  • Commissioner Brotherton thanked the commenter for continuously raising the issue and agreed that it should not be allowed to "fall off" the agenda (04:48:000).
  • Commissioner Brotherton noted that the local Hispanic community is involved in "all kinds of jobs" across the economic spectrum and deserves to be recognized, especially as they face "an additional issue that makes them particularly vulnerable" (05:13:000–05:50:000).
  • Commissioner Brotherton suggested holding the conversation until a later presentation scheduled for 3:30 PM regarding the "Courts Open to All Act and Keep Washington Working Act" (06:22:000).
  • Commissioner Brotherton supported revisiting the 2017 resolution in light of state laws which offer greater protections than federal law, stating the Sheriff's Office already routinely complies with state law to offer these protections (07:04:000).
  • Commissioner Eisenhour agreed with the need to examine the vulnerability in the legislative system and legislative gaps that allow the current situation to happen (09:06:000).
  • Commissioner Eisenhour supported the commenter's intention to speak with local press (Beacon newspaper, KPTZ) to increase citizen involvement (09:24:000).
  • Commissioner Brotherton encouraged the use of "by and for" organizations, specifically suggesting the commenter talk to Jasira to propose resolution language (11:53:000).

Public Comments

  • [Unnamed, in room]: Expressed urgency for the county to act like the City of Glendale and reconsider its contract with ICE to protect the local Hispanic labor community. Handed the Board copies of Port Townsend Resolution 17-014.
  • Julia Cochran: Asked the first commenter if they had worked with Jasira, noting that she and Francesca from Jasira are on the Equity Access Rights Advisory board to the City Council and are working on a version of a welcoming resolution (10:42:000).

Supporting Materials Referenced

  • The content of Port Townsend City Council Resolution 17-014 (2017) was discussed by the public, specifically focusing on law enforcement's restrictions on detaining or arresting individuals based on immigration status.
  • The afternoon meeting item, the Keep Washington Working Act (KWW) and Courts Open to All Act (COTA), was referenced as relevant to the discussion.

Financials

No financial information discussed.

Alternatives & Amendments

  • Julia Cochran recommended coordinating with Jasira, acknowledging they are already working on a version of a welcoming resolution (11:03:000).

Outcome, Vote, and Next Steps

  • Decision: No formal action was taken. The discussion was deferred to the later presentation on Court Acts.
  • Vote: No vote taken.
  • Next Steps:
  • - Commissioner Brotherton: Added a public comment period to the afternoon session (3:30 PM) on the Courts Open to All Act presentation (08:16:000).
  • - Commissioner Brotherton & Eisenhour: Agreed to revisit the existing resolutions and explore new policies (09:19:000).

Metadata

  • Time Range: 00:13:37.000–00:23:57.000
  • Agenda Item: Consent Agenda
  • Categories: contracts, budgeting, grants, land use, infrastructure, operations, personnel

Topic Summary

The Board discussed several items pulled from the Consent Agenda prior to adoption, focusing heavily on two affordable housing grant agreements (Casa Collina and Dundee Hill), the forgiveness of the remainder of the Undie Road Project loan, and the cost-saving rental of a robotic athletic field marker (Turf Tank). The Board ultimately approved the entire consent agenda, noting their satisfaction with the legal and financial staff work involved in finalizing complex, long-running projects.

Key Discussion Points

  • A discussion was held regarding a Hearing Notice that needed publication by Friday, as the following Monday was a holiday, though the hearing itself was scheduled for the 15th (01:37:000).
  • Commissioner Brotherton called out the completion of agreements for the Huguchi Legacy Casa Collina Project and the Olympic Housing Trust Dundee Hill Project (both grants from the Affordable Housing Fund, Fund 148), thanking the prosecuting attorney's team for their extensive work (01:41:000–01:50:000).
  • Commissioner Brotherton was comfortable proceeding but noted some contractual caveats the Housing Fund Board (HFB) originally wanted but were ultimately excluded, recognizing that the legal opinion confirmed the projects met the statutory requirements of House Bill 1590 (01:50:000–01:55:000).
  • Commissioner Brotherton expressed pleasure at adopting the appointment of a "hugely qualified candidate" to the Noxious Weed Control Board (NWCB) and enjoying the fact that the Board's membership was filling up (01:17:000).
  • Commissioner Brotherton confirmed the forgiveness of the remaining portion of the Undie Road Project loan (originally $650,000 to the Road/Public Works Fund from the Capital Improvement Fund) was warranted given the Road Fund's current fiscal challenges (01:17:000–01:28:000).
  • Commissioner Brotherton noted the history of the Undie Road Project, recalling former Commissioner Kathleen Clare's successful lobbying for state funds, emphasizing that the final forgiveness helps the Public Works Department running against a "fiscal cliff" (01:44:000–01:22:000).
  • Discussion occurred regarding the Turf Tank robotic field marker, an autonomous machine rented for athletic field striping, with Commissioner Brotherton noting the potential savings in staff time (01:44:000–01:17:000).
  • Public commenter Tom Tierce suggested reaching out to the Port Townsend School District to propose an Interlocal Agreement (ILA) to share the cost and use of the Turf Tank on Blue Heron Field and the high school field, maximizing efficiency (02:14:000–02:17:000).
  • Commissioner Eisenhour said she would follow up with Public Works to explore cooperation on sharing the Turf Tank with the School District (02:43:000).
  • Discussion on the Little Quilcene River Estuary Project license for the Hood Canal Salmon Enhancement Group (HCSEG) confirmed it was for a habitat restoration survey on a separate property, not the "big Quilcene project" (02:02:000–02:05:000).
  • Commissioner Brotherton briefly commented on the County Clerk Fee Schedule resolution, noting that although it is a difficult time to raise fees, the Department of the Clerk is efficient, and the new structure for mailing costs "makes a lot of sense" due to e-filing demands (02:37:000–02:41:000).

Public Comments

  • Tom Tierce: Asked if the county had considered an Interlocal Agreement (ILA) or sub-rental agreement with the Port Townsend School District to share the operational costs and expand the use of the 400-pound robotic field striping machine to their fields (Blue Heron and high school field) (02:18:000).

Supporting Materials Referenced

  • Appointment of Bruce Zoellick to Noxious Weed Control Board: Zoellick recommended by NWCB for the District No. 2 seat (Consent Agenda).
  • Forgiving Loan to County Road Fund for Undie Road Project: Forgiveness of remaining $390,000 principal balance from the $650,000 loan (Consent Agenda).
  • Agreement for Robotic Athletic Field Marking Machine (Turf Tank): 3-year rental agreement for $11,000/year (Consent Agenda).
  • Grant Agreement for Casa Collina Affordable Housing / Dundee Hill Affordable Housing Project: Finalizing grant agreements from Affordable Housing Fund 148 (Consent Agenda).
  • License for Temporary Use of County Property for Habitat Restoration Survey: For use by the Hood Canal Salmon Enhancement Group (HCSEG) (Consent Agenda).
  • Resolution Adopting Updated County Clerk Fee Schedule: Updating fees due to state law (SSHB 1207) and adding mailing/handling costs (Consent Agenda).
  • Increase to Noxious Weed Control Board Assessment Rate: Discussion confirmed approval of setting a public hearing for the proposed assessment rate increase (Hearing Notice was a consent item).

Financials

  • Turf Tank Rental: $11,000 per year for 3 years (01:44:000).
  • Undie Road Loan: Forgiving remaining $390,000 principal balance (01:12:000).
  • Housing Grants: Discussion related to:
    • Casa Collina: $265,000 grant (Fund 148) for acquisition.
    • Dundee Hill: $110,000 grant (Fund 148) for new construction.

Alternatives & Amendments

  • Tom Tierce proposed exploring an ILA with the Port Townsend School District to share the Turf Tank rental costs (02:18:000).

Outcome, Vote, and Next Steps

  • Decision: Motion to approve and adopt the consent agenda as presented.
  • Vote: Unanimous (Ayes: Brotherton, Eisenhour, G. Brotherton) (02:49:000–02:57:000).
  • Next Steps:
  • - Commissioner Eisenhour: Will contact Public Works about partnering with the Port Townsend School District on the Turf Tank use.
  • - Clerk: Publishing the hearing notice for the Noxious Weed Control Board assessment increase by Friday of this week.

Proclaiming August 31, 2025 as Overdose Awareness Day

Metadata

  • Time Range: 00:24:09.000–00:33:40.000
  • Agenda Item: Proclamation
  • Categories: public safety, services, social justice, public health

Topic Summary

The Board of County Commissioners (BOCC) approved the proclamation naming August 31, 2025, as Overdose Awareness Day. Commissioners shared personal connections to the crisis and underscored the ongoing work of local organizations tackling high overdose rates. The proclamation recognizes that drug-related harm is a public health issue and commits the county to reducing stigma, supporting recovery, and raising awareness. A minor typo in the year of the proclamation was noted for correction.

Key Discussion Points

  • Commissioner Brotherton noted that August 31st is Overdose Awareness Day and that proclamations regarding the issue are being adopted across the state (02:44:000–02:46:000).
  • Commissioner Brotherton commended local organizations working on the issue, giving "big shout-outs" to Get Us Advocacy Services (and their recovery cafe), Believe in Recovery, the Public Health harm reduction team, the LEAD team, fire cares team, and Discovery Behavioral Healthcare (02:50:000–02:59:000).
  • The Behavioral Health Advisory Committee is actively implementing opioid funds (02:54:000).
  • Commissioner Brotherton shared losing an uncle to a fentanyl overdose in the 1980s, emphasizing that the crisis affects everyone (02:58:000–02:41:000).
  • Commissioner Eisenhour shared having lost a friend and musician, Carl Trebek (an illegal immigrant from the Czech Republic), to an overdose, describing him as the "gentlest, kindest man" (02:07:000–02:41:000).
  • Commissioner Eisenhour emphasized the importance of changing the mindset that people struggling with substance use disorder "shouldn't be saved," citing a conference where roughly 75% of attendees were living in recovery, stressing the valuable contribution these individuals make to the community (02:07:000–02:07:000).
  • The proclamation encourages residents to call the Washington Recovery Helpline at 1-866-789-1511 (03:02:000).
  • The courthouse flag is to be lowered to half-staff on Friday, August 29, 2025, in observance (03:22:000).
  • A typo in the proclamation cited the year as 2024 instead of 2025 (03:54:000).

Public Comments

No public comment on this topic.

Supporting Materials Referenced

  • Proclamation of Overdose Awareness Day (August 31, 2025): The document was read aloud by the Commissioners.
  • The proclamation cited that nearly 641 people have died of suspected overdoses across Washington State in the last year.

Financials

  • The Behavioral Health Advisory Committee is actively implementing opioid funds (02:54:000).
  • Mention of the Washington Recovery Helpline (1-866-789-1511).

Alternatives & Amendments

  • A motion was made to adopt and approve the proclamation.

Outcome, Vote, and Next Steps

  • Decision: Motion to approve and adopt the proclamation.
  • Vote: Unanimous (Ayes: Brotherton, Eisenhour, G. Brotherton) (03:22:000).
  • Next Steps:
    • - Clerk / Staff: Correct the typo in the year from 2024 to 2025 before signing (03:54:000).

Adoption of New Policy and By-Laws for Veterans’ Assistance Funds

Metadata

  • Time Range: 00:33:40.000–00:53:12.000
  • Agenda Item: Not Stated
  • Categories: services, budgeting, personnel

Topic Summary

The Board adopted a resolution formalizing the Jefferson County Veterans’ Assistance Fund (VAF) distribution policy and updating the Veterans Advisory Board (JCVAB) bylaws, replacing an agreement that expired in 2019. This was initiated by JCVAB Chair John Hamilton, who noted that assistance limits had not been updated for cost-of-living increases since the mid-1990s. The new policy ratifies past benefit payments, raises food assistance from $150 to $225, and increases the death benefit from $500 to $800, using the fund's healthy $200,000 reserve.

Key Discussion Points

  • JCVAB Chair John Hamilton began work on the policy in December 2024 and stated that the VAF (established in 1993) had not seen a cost-of-living increase in payout amounts since the mid-1990s (00:34:31.000–00:34:43.000).
  • The new policy replaces a contract between JCVAB and the Veterans' Service Officers Association that expired in 2019 (00:35:20.000).
  • The VAF is funded by a property tax assessment item (Veterans Relief Fund) which typically costs residents $2–$3 per year, generating an estimated $53,000 annually (00:36:46.000–00:37:16.000).
  • Funds are distributed to veterans and their dependents who are making less than 200% of the federal poverty level, except for the death benefit (00:37:16.000–00:42:55.000).
  • Food assistance is increased from $150 to $225 (00:41:51.000–00:41:57.000).
  • The death benefit (not means-tested) is increased from $500 to $800 (00:42:24.000–00:42:37.000).
  • The Veterans Relief Fund currently has a "quite healthy" reserve of over $200,000 because the annual assessment revenue has not been fully expended (00:43:14.000).
  • Chair Hamilton noted that a priority moving forward is broader outreach to find more veterans in need, particularly younger veterans, as "chapter service officers are a dying breed" (00:46:47.000–00:47:15.000).
  • The fund covers staff time (County Administrator staff, estimated $11,000 to $15,000 annually) spent on administering the program (00:48:08.000–00:48:39.000).
  • JCVAB will provide quarterly budget reports to the County to monitor fund expenditures (00:44:28.000).
  • Commissioner Brotherton highlighted the critical volunteer effort (like Hamilton's) required to administer such programs, as the county lacks public funds to support it otherwise (00:45:55.000).
  • A typo in the policy, listing "Mard veteran" instead of "Married veteran" on page 4, item 2, was pointed out, and Legal Counsel Ariel Spicer confirmed it would be corrected in the final version (00:50:10.000).

Public Comments

  • John Hamilton (JCVAB Chair): Presented the new policy and urged approval so that the cost-of-living increases could be implemented starting in September (00:40:09.000–00:40:18.000).

Supporting Materials Referenced

  • Proposed New Policy and By-Laws for Veterans’ Assistance Funds: Policy formalizes procedures, ratifies past payments (since 2019), sets eligibility (income < 200% federal poverty level), and establishes distribution limits.
  • RCW 73.08: State law authorizing the Veterans’ Assistance Fund.

Financials

  • Property Tax Revenue (Annual): ~$53,000 (00:37:07.000).
  • Current Fund Reserve: Over $200,000 (00:43:14.000).
  • Previous Food Assistance: $150.
  • New Food Assistance Limit: $225 (00:41:51.000).
  • Previous Death Benefit: $500.
  • New Death Benefit Limit: $800 (00:42:30.000).
  • Staff Cost Covered by Fund: $11,000 to $15,000 annually (00:48:08.000).

Alternatives & Amendments

  • John Hamilton confirmed the board plans to review the rate of expenditure in the next two years to determine if further changes are needed to prevent continuous, large accumulations of reserve funds (01:48:000).

Outcome, Vote, and Next Steps

  • Decision: Motion to approve a resolution adopting the new Policy on the Distribution of Jefferson County Veterans Assistance Funds and revised JCVAB By-Laws, with noted correction.
  • Vote: Unanimous (Ayes: Brotherton, Eisenhour, G. Brotherton) (02:30:000).
  • Next Steps:
    • - JCVAB: Begin implementation of new, higher payout rates in September (00:40:18.000).
    • - JCVAB: Begin working with County staff to produce quarterly budget reports.
    • - Legal Counsel: Correct the "Mard veteran" typo before final publishing.

Discussion on WSAC Legislative Priorities (2026 Session)

Metadata

  • Time Range: 00:54:00.000–01:20:01.000
  • Agenda Item: Discussion on WSAC Legislative Priorities (2026 Session)
  • Categories: legislation, governance, budgeting, planning, infrastructure, housing

Topic Summary

The Board discussed input for the Washington State Association of Counties (WSAC) Legislative Steering Committee (LSC) regarding priorities for the upcoming short 2026 session. Commissioners focused on expanding the "Housing Access and Affordability" priority to include Lambert Flexibility (Landmark and Manufacturing-Retail zoning) for industrial/commercial development and increased funding/tools for workforce, not just indigent, housing. They also expressed interest in state-level solutions for housing inventory funding, such as precursor funding for pre-development costs and potential "empty house taxes." The Board further agreed to re-evaluate its lobbyist contracts, planning to issue a new Request for Proposals (RFP) focusing on state-level lobbying over federal lobbying for the next two years.

Key Discussion Points

  • Commissioner Eisenhour (LSC member) asked the Board for urgent/emergent legislative priorities to propose for WSAC's consideration before the September 18 LSC meeting (00:54:10.000).
  • Commissioner Brotherton proposed integrating Lambert Flexibility into Priority #4 (Addressing county housing access and affordability), focusing on allowing development, such as sewer extensions, to enable Lammers to become "more, um. whole communities" (00:55:23.000–00:55:59.000).
  • Commissioner Eisenhour emphasized the need for more focus on delivering state dollars and tools to county-level organizations to address the affordability barriers, particularly concerning workforce housing (median household levels), rather than just Permanent Supportive Housing (00:57:46.000–00:59:30.000).
  • Commissioner Brotherton strongly supported advocating for House Bill 1480 (Allowing counties to go to the voters for a 0.25% REIT — Real Estate Excise Tax for affordable housing), currently only available to San Juan County due to a land grants provision (01:00:28.000–01:01:22.000).
  • Other desirable state advocacy elements identified included providing funding mechanisms for pre-development costs of new projects, as current funding is lacking for this high-risk stage (01:01:22.000–01:02:09.000).
  • The idea of seeking a state decision on allowing local implementation of an "empty house tax" (citing Colorado as an example) was discussed as a revenue generator to increase equity in the housing market, acknowledging the state constitutional challenges involved (01:02:19.000–01:03:48.000).
  • Education and funding for childcare infrastructure was proposed by Commissioner Eisenhour as a critical issue to couch within the "housing access and affordability" category, noting low rural wages require strong support systems (01:04:26.000–01:05:08.000).
  • Commissioner Eisenhour proposed issuing a new Request for Proposals (RFP) for Lobbyist Services, tying the contract to the 2026 and 2027 legislative sessions, and ensuring the lobbyist can be a "subject matter contributor" to the legislative agenda, moving away from the current contract cadence and potentially consolidating state and federal focus (01:07:09.000–01:08:03.000).
  • County Administrator Josh Peters suggested expanding Lambert Flexibility efforts under Priority #1 (New county revenue) as well, arguing commercial/industrial growth in Lammers could generate new county revenue (01:09:36.000).
  • Commissioner Eisenhour felt their financial contribution and required time commitments to the regional Northwest Olympic Legislative Alliance (NOLA) table may not be providing sufficient value, advocating for possibly reducing the commitment or withdrawing, favoring a more focused state effort (01:17:38.000–01:18:25.000).

Public Comments

No public comment on this topic.

Supporting Materials Referenced

  • WSAC Legislative Priorities for 2026: Five points were listed, including "New county revenue" and "Addressing county housing access and affordability."
  • House Bill 1480 (REIT authorization): Referenced as a funding priority.

Financials

  • The discussion focused on securing new state revenue for the county (REITs, empty home tax, pre-development grants), funding the NWCB assessment rate, and re-evaluating the financial contribution to the NOLA lobbyist table.
  • Jefferson County currently pays half of the NOLA budget, while Clallam County's EDC pays the other half (01:18:33.000).

Alternatives & Amendments

  • Commissioner Eisenhour proposed restructuring the lobbyist relationship by issuing a targeted RFP focused on state issues.
  • Commissioner Brotherton suggested addressing the lobbyist RFP and overall legislative strategy at the Quarterly County Leaders meeting (September 22) or the Inter-Governmental Collaborative (ICG) meeting (September 18).

Outcome, Vote, and Next Steps

  • Decision: No formal action was taken. The discussion served as a work session for Commissioner Eisenhour (LSC Member).
  • Vote: No vote taken.
  • Next Steps:
    • - Commissioner Eisenhour: Will follow up with WSAC staff about the possibility of adding HB 1480, pre-development costs, and childcare as priority elements under the existing housing priority (01:01:16.000).
    • - Commissioner Brotherton / Josh Peters: Will draft a new RFP for lobbyist services, working together to secure expertise for the 2026-2027 session (01:08:55.000).

Presentation: Jefferson County Historical Society Cultural Heritage Series

Metadata

  • Time Range: 03:04:19.000–03:47:03.000
  • Agenda Item: JCHS Cultural Heritage Series
  • Categories: strategy, public affairs, services

Topic Summary

Tara McCauley (JCHS Director) and Allie (Director of Research and Collections) presented on the Jefferson County Historical Society's (JCHS) oral history collection, which contains over 800 unique recordings dating back to the 1970s. The presentation highlighted that oral histories are unedited recordings or transcripts, capturing full life stories or event-specific recollections, providing deep context accessible to researchers. The directors emphasized the collection's breadth across the entire county, not just Port Townsend, and explained efforts to improve accessibility online.

Key Discussion Points

  • The presentation is part of Objective 6.A of the County's Strategic Plan, focusing on celebrating culture, heritage, and diversity (03:04:53.000).
  • The JCHS oral history collection holds over 800 unique recordings; the collection is county-wide, not limited to Port Townsend (03:07:41.000).
  • Oral histories are unedited, typically long recordings (single interview requires 6-8 hours of additional work for transcription/indexing), ensuring verifiability for research (03:12:10.000).
  • JCHS archives contain histories from the 1918 influenza epidemic, which became a vital reference during the 2020 COVID-19 pandemic (03:10:26.000).
  • Allie highlighted diverse narrators from the Centennial Collection (1989 project to collect stories):
    • Bobby Gao: Born 1903 in Port Townsend, hours of story about Chinese immigrants, fish canneries closing due to banning fish traps (~1915-16), and Chinatown's subsequent disappearance (03:14:08.000).
    • Josephine Yiar: Born 1904, early pioneer/farmer in Chimacum Valley with Indigenous ancestry; revolutionized Chimacum dairy farming in the 1950s by changing cattle feed/practices (03:22:14.000).
    • Pansy Hawedel Hudson: Born 1909 in La Push, great-granddaughter of Chief Hawedel (Quinault Treaty signee), witnessed the dramatic changes to tribes on the West End following the construction of Highway 101 (03:27:10.000).
  • Researchers can access and search metadata, transcripts, and audio clips online via JCHS's website or SoundCloud, with certain sensitive information potentially restricted until after the narrator's death (03:27:27.000–03:31:04.000).
  • When asked about selection criteria, Allie explained that collecting is highly influenced by specific grant projects (e.g., Diversity in Local History grant) focused on efficiency but sometimes leaves stories out (03:33:04.000).
  • The JCHS Research Center is open for walk-in traffic on Fridays from 11 AM to 4 PM (03:47:09.000).
  • Commissioner Brotherton suggested working with the center to create a history of all County Commissioners, noting that Commissioners sign the spindles (chair legs) of their seats upon leaving office (03:45:48.000).

Public Comments

No public comment on this topic.

Supporting Materials Referenced

  • JCHS online exhibits (SoundCloud, online collection, etc.).
  • JCHS announced three new exhibits: Kim Pop (Art), A History of Home Now (Housing insecurity, in partnership with Housing Solutions Network and Public Health), and the traveling exhibit Filipinos and Washington's Waterfront (03:50:000–04:00:000).
  • The JCHS referred to previous oral history collection efforts at the County Fair and the Centennial Collection (1989 centennial of Washington Statehood).

Financials

  • The ongoing series agreement with JCHS was previously approved for $1,200 for 2025.

Alternatives & Amendments

  • Allie confirmed the organization needs to use AI as a helpful tool for transcription (first pass only), but human labor is still necessary to vet, index, and check for errors (e.g., correcting "terrorist" for "terrace") (03:37:42.000).

Outcome, Vote, and Next Steps

  • Decision: No action taken; item was informational.
  • Vote: No vote taken.
  • Next Steps:
    • - Commissioners: Agreed to participate in touring JCHS's new exhibits.
    • - Commissioner Brotherton: Expressed a desire to work with JCHS before the end of his term to compile a history of all County Commissioners.

Workshop on Keep Washington Working Act (KWW) / Courts Open to All Act (COTA)

Metadata

  • Time Range: 03:51:35.000–04:43:28.000
  • Agenda Item: Workshop on KWW and COTA
  • Categories: legislation, ordinances, legal, public safety

Topic Summary

The Board held a workshop with the Superior and District Court Judges, the Sheriff's Office, and Prosecuting Attorney Philip Hunsecker to review a draft policy (to be enacted via resolution) needed to comply with the state-mandated Courts Open to All Act (COTA), enacted in 2020. This policy is designed to protect the integrity and accessibility of the courthouse by restricting civil arrests by federal immigration enforcement (ICE) within the courthouse premises, prohibiting assistance with administrative warrants, and requiring detailed reporting to the Administrative Office of the Courts (AOC). The Board decided to defer action until the next meeting to incorporate minor technical edits and allow for further public review, while supporting the policy's intent to uphold state law and public safety.

Key Discussion Points

  • Prosecuting Attorney Philip Hunsecker stated that COTA (RCW 2.28.310 through 2.28.330) and the Keep Washington Working Act (KWW, RCW 43.17.420) require all Washington courthouses to adopt policies consistent with the Attorney General's model policy (03:54:04.000).
  • The draft policy restricts courthouse personnel from aiding in civil arrests solely for immigration offenses and mandates that any enforcement actions require a valid court order or judicial warrant (not an administrative warrant) (03:57:57.000).
  • The policy includes an exclusion for Jefferson County Sheriff's Officers to avoid an impractical burden of providing required information (name, badge number, purpose) every time they enter the courthouse (03:56:31.000).
  • The Chief Civil Deputy Sheriff, or designee, is tasked with gathering required information from state/federal law enforcement and transmitting it to the County Administrator (or designee), who reports monthly to the AOC (03:57:04.000).
  • If State or Federal law conflicts, the federal law will "trump" state law, but Hunsecker, citing the Attorney General's Office (AGO), stated the KWW Act was drafted carefully to actively avoid conflict and preemption issues (04:01:44.000–04:02:08.000).
  • Federal law enforcement is prohibited from operating in "non-public areas" of the courthouse except with a court order/judicial warrant (04:06:19.000).
  • Judge Mack emphasized that the policy's purpose is to support public safety and ensure courthouses remain safe places, encouraging witnesses, victims, and defendants to appear regardless of immigration status (04:12:04.000–04:12:24.000).
  • Judge Mack noted that the most recent memo from ICE (Immigration and Customs Enforcement) indicates they will go to courthouses and make arrests for administrative violations, which is contrary to state law and public safety (04:14:18.000).
  • Judge Mack noted the statute protects up to one mile from the courthouse from non-judicial arrests (04:13:35.000).
  • County Assessor Jeff Chapman noted that his first-floor staff frequently answer questions about people and lists, and that they would need training on how to properly redirect ICE agents or respond to their queries (04:18:51.000–04:19:34.000).
  • Public commenter Dean asked for a definitive way to verify a warrant's validity, raising concerns about potential "vigilantism" and incorrect identity arrests by ICE (04:27:33.000–04:29:11.000).
  • Commissioner Brotherton suggested moving the policy (with minor, agreed-upon technical edits for the resolution document) to the next consent agenda to ensure prompt compliance, advising against introducing an "aspirational resolution" that could complicate the legal compliance required for this mandated policy (04:29:000–04:30:17.000).

Public Comments

  • Dean [Name/Affiliation]: Asked for clarification on how county officials can verify warrants (checking an online database), if there are measures to ensure correct identity of the target (citing reports of wrong identities being arrested), and the legal difference between a federal law and an executive order for enforcement purposes (04:27:33.000–04:29:33.000).

Supporting Materials Referenced

  • Draft Policy to be Adopted (via Resolution): The sections were displayed and discussed, including the requirement for law enforcement to register and the prohibition of using courthouse resources or non-public areas for civil immigration enforcement tactics.
  • Handouts from Judge Walker: Copies of a judge-signed judicial warrant example versus an administrative warrant example, along with a Washington Courts document on immigration enforcement for court personnel.
  • Link from Brian Gleason: AOC report containing monthly data on encounters with immigration agents at courthouses.

Financials

No financial information discussed.

Alternatives & Amendments

  • The idea of a separate, aspirational resolution (like a "sanctuary resolution") was suggested by Commissioner Brotherton but discouraged by Legal Counsel Philip Hunsecker due to the potential for litigation and loss of AGO defense (04:26:29.000–04:27:13.000).

Outcome, Vote, and Next Steps

  • Decision: No action taken; item was informational and deferred.
  • Vote: No vote taken.
  • Next Steps:
    • - Prosecuting Attorney Philip Hunsecker: Will finalize the policy document (incorporating minor technical edits noted by Commissioner Eisenhour) and submit the resolution for the next Consent Agenda.
    • - Jeff Chapman (Assessor) & County Administrator: Staff training will be developed to educate courthouse personnel on appropriate responses to law enforcement, particularly ICE.
    • - Josh Peters & Philip Hunsecker: Philip Hunsecker will provide names of Washington-based immigrant rights experts for Commissioners to contact.

Generated On: 2025-11-07 14:09:44.216413-08:00 By: google/gemini-2.5-flash-preview-09-2025 running on https://openrouter.ai/api/v1/