HomeMy WebLinkAbout10/13/2022 REAC AGENDA PACKETBremerton Race Equity Advisory Committee – Meeting AGENDA
Thursday, October 13th, 6:00 p.m. via Zoom
Learn more at https://www.bremertonwa.gov/1232/Race-Equity-Advisory-Committee-REAC
Regular REAC meetings are currently held at 6 p.m. on the second Thursday of each month, via Zoom.
SERVING THIS MEETING
Tech Host: Jennifer Chamberlin
Facilitator: Quinn Dennehy
Land Acknowledgement: Quinn Dennehy
Timekeeper: Glenna Matteson
Notetaker: Council Staff
OUR PURPOSE
o To advise the City Council, by applying a race
equity analysis to all aspects of governance; and
o To maintain engagement with and accountability
to other work being done throughout the
Bremerton Community in service of Race Equity.
OUR VISION
Bremerton Race Equity Advisory Committee envisions a City that:
o Strives to continually dismantle its own institutional racism,
within policies, programs, budgets, initiatives, legislation,
systems, and infrastructure.
o Amplifies and joins racially, culturally, and socially integrated
community endeavors toward equity, well-being, and
liberation for all; and
o Aspires to model for the nation a City in which people of
different races, ethnicities, and backgrounds can interact, form
friendships, and participate fully in the community’s political,
economic, educational, cultural, and civic endeavors.
1.Opening and Welcome (6:00 – 6:10 p.m.)
a.Call meeting to order.
b.Read land acknowledgement.
c.Read REAC purpose and vision.
d.REAC members introduce themselves.
2.Approval of Agenda & Minutes (6:10 - 6:15 p.m.)
a.Agenda
b.September 8, 2022 REAC Meeting
3.REAC Structure & Purpose (6:15 – 6:45 p.m.)
a.ACTION ITEM Follow-Up: REAC Structure and OPMA Questions – Quinn Dennehy
b.ACTION ITEM Follow-Up: REAC Structure Proposed Update – Jennifer Chamberlin
c.REAC Purpose Proposed Update (Website/Agenda) – Anna Mockler
4.Appointments (6:45 – 7:00 p.m.)
a.Proposed Extension of Term for Airen Lydick (Term expiring 10/13/22)
b.Proposed Extension of Term for Sarah Van Gelder (Term expiring 10/13/22)
c.Proposed Extension of Term for Leiyomi Preciado Lagdameo (Term expiring 10/13/22)
5.Public Comment (~10 minutes)
a.Community Comments or Concerns
b.Community Comments or Concerns (by email)
6.Update on Bremerton City Council’s Activities (~5 minutes)
a.ACTION ITEM Follow-Up:
▪Budget Workshops & Council Meeting Schedule (Council Staff)
▪Other Business
Bremerton Race Equity Advisory Committee – Meeting AGENDA
Thursday, October 13th, 6:00 p.m. via Zoom
Learn more at https://www.bremertonwa.gov/1232/Race-Equity-Advisory-Committee-REAC
Regular REAC meetings are currently held at 6 p.m. on the second Thursday of each month, via Zoom.
7. Old Business (~10 minutes)
a. ACTION ITEM Follow-up:
▪ Update on GARE Account Access for Community Members
▪ Other Business
8. New Business (~5-minutes)
a. To be determined
b. Establish Roles for November 10th Meeting:
i. Tech Host:
ii. Land Acknowledgement Reader:
iii. Timekeeper:
iv. Notetaker:
v. Facilitator: Quinn Dennehy
9. Closing Remarks (7:30pm)
The City of Bremerton’s Race Equity Advisory Committee has
adopted the following Purpose & Vision Statement….
PURPOSE:
• To advise City Council, by applying a race equity analysis to
all aspects of governance; and
• To maintain engagement with and accountability to other
work being done throughout the Bremerton community in
service of race equity.
VISION:
The Bremerton Race Equity Advisory Committee envisions a City
that:
• Strives to continually dismantle its own institutional racism,
within policies, programs, budgets, initiatives, legislation,
systems, and infrastructure;
• Amplifies and joins racially, culturally, and socially
integrated community endeavors toward equity, well-being,
and liberation for all; and
• Aspires to model for the nation a City in which people of
different races, ethnicities, and backgrounds can interact,
form friendships, and participate fully
in the community’s political, economic, educational,
cultural, and civic endeavors.
Bremerton Race Equity Advisory Committee – Meeting Minutes
Thursday, September 8th, 2022, 6:00 p.m.
Learn more at https://www.bremertonwa.gov/1232/Race-Equity-Advisory-Committee-REAC
Next REAC meeting: Thursday, October 13th, 2022, 6:00 p.m.
SERVING THIS MEETING
Tech Host: Quinn Dennehy
Facilitator: Anna Mockler
Land Acknowledgement: Glenna Matteson
Timekeeper: Anna Mockler
Notetaker: Jennifer Chamberlin
OUR PURPOSE
o To advise the City Council, by applying a race
equity analysis to all aspects of governance; and
o To maintain engagement with and accountability
to other work being done throughout the
Bremerton Community in service of Race Equity.
OUR VISION
Bremerton Race Equity Advisory Committee envisions a City that:
o Strives to continually dismantle its own institutional racism,
within policies, programs, budgets, initiatives, legislation,
systems, and infrastructure.
o Amplifies and joins racially, culturally, and socially integrated
community endeavors toward equity, well-being, and
liberation for all; and
o Aspires to model for the nation a City in which people of
different races, ethnicities, and backgrounds can interact, form
friendships, and participate fully in the community’s political,
economic, educational, cultural, and civic endeavors.
REAC Members Attending: Darryl Riley, Glenna Matteson, Sarah van Gelder, Airen Lydick,
Leiyomi Preciado Lagdameo, Quinn Dennehy, and Anna Mockler
1.Welcome & Introductions
a.The meeting was called to order at 6:00 p.m. by Quinn Dennehy.
b.Glenna Matteson read the Suquamish Tribe’s Land Acknowledgement Statement.
c.Airen Lydick read the Purpose and Vision of Bremerton REAC.
d.Bremerton REAC members introduced themselves.
2.Approval of Meeting Agenda & Meeting Minutes
a.The Meeting Agenda was approved; and the July 13, 2022 Meeting Minutes were
approved unanimously as amended.
3.REAC Purpose, Structure, and Attorney's Memo
a.Assistant City Attorney Brett Jette was available to answer questions on the Legal
memo and email on committee structure and the Open Public Meetings Act.
Removing public comment/testimony from meetings could remove some of the
concerns surrounding liability (potential violations, challenges or invalidating action).
Example: smaller work groups of 3 members may meet/email to avoid a quorum; but
to avoid a rolling quorum (discussion outside the work group), full discussion must be
done during REAC Meetings.
Darryl Riley left the meeting at approx. 6:25 PM
Summary of Suggested Action (per Memo): Make recommendation to City Council to adopt an Ordinance
which specifies the committee’s purpose, addresses terms and appointments for Community Members, and
establishes staff support for the committee.
2B
Bremerton Race Equity Advisory Committee – Meeting Minutes
Thursday, September 8th, 2022, 6:00 p.m.
Learn more at https://www.bremertonwa.gov/1232/Race-Equity-Advisory-Committee-REAC
Next REAC meeting: Thursday, October 13th, 2022, 6:00 p.m.
ACTION ITEM: Council Members to incorporate the Legal Memo and feedback from today's discussion
into a new draft ordinance for discussion at the next meeting.
FOLLOW-UP QUESTIONS:
• Can REAC invite Guest Speakers? Is this or is this not considered
public comment?
• What is impact of removing public comment from the meeting
agenda? What is considered a quorum per our Charter (or suggested
Ordinance)?
• Are there any other sub-committees that have a different structure
that allows community involvement and discussion?
• What type of structure can be established to allow conversation
among community members(outside REAC meetings), to allow the
removal of barriers, and to meet REAC’s purpose and vision?
• Can the committee review the ordinance collaboratively by email?
Several comments were made emphasizing disappointment that these issues
should have been addressed prior to the committee's formation; and needing additional time prior to the
meeting to review the agenda and proposed ordinance. There was also discussion (without consensus)
regarding the removal of public comment from agendas, if that would remove the constraints of quorum.
And a suggestion of changing from advisory to accountability; and importance of addressing missed
opportunities for community engagement through tables, promotion, or infographics.
4. Appointments
a. Airen Lydick's term will expire on September 13. After discussion, his term was
extended to October 13.
b. Sarah Van Gelder's term will expire on September 13. After discussion, her term
was extended to October 13.
c. Leiyomi Preciado Lagdameo's term began on July 14, but the duration was not established.
After discussion, her term will expire October 13.
When the committee structure is established, then if community members want to continue their
commitment, terms would be re-established.
5. Public Comments – There were no public comments…
6. Update on Bremerton City Council's Activities
a. Action Item Follow-up:
▪ Bremerton REAC Vacancies – There have been no new applications.
▪ Other Business – Budget Workshops are scheduled on October 24, 25, and 27; and GARE
Membership & DEI Consultant/Staff to be discussed. There will be opportunities for public
comment during the Public Hearings on the 2023 City of Bremerton Budget. All Budget
Workshops are open for the public to attend.
Bremerton Race Equity Advisory Committee – Meeting Minutes
Thursday, September 8th, 2022, 6:00 p.m.
Learn more at https://www.bremertonwa.gov/1232/Race-Equity-Advisory-Committee-REAC
Next REAC meeting: Thursday, October 13th, 2022, 6:00 p.m.
7. Old Business
a. Update on GARE Log-in Credentials for Darryl, Glenna, Sarah, and Airen
FOLLOW UP QUESTIONS:
• Would IT or City Council Budget be used to address license issue for Outlook?
• Has GARE Membership has been paid for?
• Can an unused email address be used to access GARE portal?
b. Update on next Joint Meeting with Bainbridge REAC – Meeting not rescheduled.
c. Update on next Retreat – Postponed until after the committee structure is established.
d. Other Business: Update on technical issues before last month’s cancelled meeting.
8. New Business
a. Motion made by Jennifer to remove public comment from agendas. Motion died due to a lack of a
second.
b. Establish Roles for October 13th Meeting:
i. Tech Host: Jennifer Chamberlin
ii. Land Acknowledgement Reader: Quinn Dennehy
iii. Timekeeper: Glenna Matteson
iv. Notetaker: Council Staff
v. Facilitator: Quinn Dennehy
9. Closing Remarks
The meeting was adjourned at 8:00 PM.
Memorandum
To: Quinn Dennehy, Race Equity Advisory Committee Chair
From:Brett Jette, Assistant City Attorney
Re: Race Equity Advisory Committee
Date:March 8, 2022
The following is an analysis from the Bremerton City Attorney’s Office prepared regarding the
status of the Race Equity Advisory Committee (REAC) and proposed actions related to REAC
moving forward. This analysis is being provided at the request of the Race Equity Advisory
Committee (REAC) made at the February 10, 2022 meeting.
1.The REAC Creation and Authority
REAC was created on July 1, 2020 by a motion of the City Council and does not have an
enabling ordinance or resolution to accompany its creation. This is an unusual circumstance as
the other committees and commissions in the City are established through the Charter, Council
Rules, ordinance, or by a city department. Reviewing the July 1, 2020 meeting minutes and the
recording of the meeting and City Council discussion of the topic, the scope, purpose, and goals
of REAC were vague with the intent of a more formalized establishment to happen at a later date
with input from an initial ad hoc style committee. The motion that created REAC stated:
Move to create the Race Equity Advisory Committee that will include no more
than three Councilmembers and no more than seven community members who are
residents of the City to be chosen through an open application process and to
serve in an advisory capacity to the City Council.
Based on this motion, REAC is an advisory committee to the City Council and can issue
recommendations to the City Council. The motion indicates REAC is structured to have up to 10
members (3 council members, 7 community members). The motion does not address the
purpose of the committee, who chooses the members, the term of member appointment, how
members are removed, how vacancies are filled and who provides staff support for the
committee. Again, it appears from the record that these issues were to be addressed later with
input from the committee itself.
Office of the City Attorney
Kylie J. Finnell, City Attorney 3A-B
2.Suggested action.
•REAC should make a recommendation to the City Council to adopt an ordinance
establishing the purpose of the committee, the member selection and removal processes,
the term of member appointments, and staff support for the committee.
3.Ordinance Options.
A draft ordinance that is modeled after the Bainbridge Island Race Equity Advisory Committee
and incorporates the elements of REAC that were established by the motion of Council in July
2020 is included as Appendix A. The ordinance is a draft and can be changed to incorporate
changes that are deemed appropriate such as committee size, makeup, appointment, duties, etc.
As laid out in the table below, additional options are available as well. The committees and
commissions of Bremerton are varied in their structures. They have memberships anywhere
between 3 and 10 members, but typically have either 5 or 7 members likely to reduce the chance
of a tie vote. The makeup of the membership also varies from strictly councilmembers to
councilmembers and citizens, to City staff and citizen, to strictly citizens.
4.City of Bremerton Committees and Commissions (this is a non-exhaustive list)
Committee
Name
Authorizing
Legislation
Extent of
Authority
Committee Makeup Appointment/Removal
REAC Council
motion
Advisory No more than 3
councilmembers and
no more than 7
community members
Not yet established by
City Council
ADA
Committee
BMC 2.88 Advisory No more than 10
members, no formal
appointment, City
ADA Coordinator is
the committee chair
Ad hoc, no formal
appointment
Arts
Commission
BMC 2.32 Set forth in
BMC 2.32.020
7 citizens, no city
official or employee
may be a member
Appointment by Mayor
with confirmation of
Council 1
Audit
Committee
Art. III,
Section 18,
City
Charter, and
BMC 2.18
Art. III,
Section 18,
City Charter,
and BMC 2.18
2 councilmembers, 1
independent certified
professional
accountant and 2
citizens.
Councilmembers
appointed by Council
President, CPA
appointed by City
Council, and 2 citizens
appointed by 2 council
members and CPA.
1 Art. 7, Section 32, City Charter, “The Mayor shall appoint all boards, commissions and committees established by ordinance or charter, except the Audit
Committee, with Council confirmation as required by ordinance. All members of boards, commissions and committees established by ordinance or charter shall
be residents of the City for at least one year prior to appointment and eighteen years of age, unless otherwise provided by ordinance….”
Bremerton
Citizen’s
Commission
on Council
Salaries
Article II,
Section 8,
City Charter
and RCW
35.21.015
Article II,
Section 8, City
Charter and
RCW
35.21.015
3 community
members
Appointed by Mayor
with Council
confirmation
Civil Service
Commission
Article VI,
Section 28,
City Charter
Article VI,
Section 29,
City Charter
3 community
members
Appointment by Mayor
with confirmation of
Council; removal by
Superior Court
Complete
Streets
Committee
Created by
Public
Works
Advisory to
Public Works
Director
No more than 9
members
Appointed by the
Public Works Director
LEOFF1
Pension
Boards
RCW 41.16
(firefighters)
and 41.20
(police)
RCW
41.16.040;
41.20.030;
41.20.040
RCW 41.16.020;
41.20.010
RCW 41.16.020;
41.20.010
Lodging Tax
Advisory
Committee
RCW
67.28.1817
and BMC
2.38.010
RCW
67.28.1817
and BMC
2.38.010
2 members from
businesses required to
collect lodging tax; 2
members from entities
authorized to receive
lodging tax; and 1
council member
Community members
appointed by Mayor
and approved by
Council and council
member appointed by
Council President.
Parks and
Recreation
Committee
BMC
13.15.010
13.15.050 7 community
members
Appointed by Mayor
with confirmation of
Council
Planning
Commission
BMC
2.12.010
BMC 2.12.040
and BMC
2.12.080
7 community
members
Appointed by Mayor
and approved by
Council
Public Safety
Committee,
Finance,
Investment &
Parking
Committee,
and Public
Works
Committee
Council
Rules and
Procedure
3 City Council
members
Appointed by Council
President
APPENDIX A
ORDINANCE NO. _______
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, creating Chapter 2.XX of the Bremerton
Municipal Code regarding the Race Equity Advisory Committee.
WHEREAS, ; and
WHEREAS, ; and
WHEREAS, ; and
WHEREAS, ; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.XX of the Bremerton Municipal Code entitled "Race
Equity Advisory Committee" is hereby established as follows:
Chapter 2.XX
RACE EQUITY ADVISORY COMMITTEE
2.XX.010 PURPOSE OF RACE EQUITY ADVISORY COMMITTEE.
The purpose of the committee is to provide advice and counsel to the City Council on
matters identifying programmatic, community, and legislative options; and to seek suggestions
on how to ensure that the City of Bremerton is an open and welcoming community for all.
2.XX.020 RACE EQUITY ADVISORY COMMITTEE ESTABLISHED.
(a)Membership. The Race Equity Advisory Committee shall consist of ten (10)
members. Three (3) members shall be members of the City Council and appointed by the
Council President. The seven (7) remaining members shall be citizens of the City of Bremerton
appointed by the Mayor and confirmed by City Council.
(b)Terms.
(1)The three (3) Council members designated by the Council President shall
serve one (1) year terms, or less if the current term of their elected office expires earlier.
(2)Terms of office for the City of Bremerton resident members shall consist
of two (2) year terms.
(c)Removal. Any City of Bremerton resident member of the Committee may be
removed from office with notice from the City Council upon the formal recommendation of the
Committee for incompetence, incompatibility of office, dereliction of duty, malfeasance in
office, lack of attendance at meetings, or other good cause. City of Bremerton resident members
of the Committee may be dismissed from the Committee if they miss more than three (3)
consecutive meetings, unexcused, or any five (5) meetings within a twelve (12) month period.
(d)Vacancy. In the event that any member does not serve a full term, either by
resignation or removal, a replacement shall be designated or selected, as applicable, by the
original appointing authority to serve the remainder of the term.
(e)Compensation. Members shall serve without compensation.
Commented [BJ1]: This is the purpose set out on the
REAC city webpage
Commented [BJ2]: This ordinance would keep the
committee make-up as it currently is with 10 members (3
from Council, 7 from the community). However, note that
the larger the committee, the more risk exposure for Public
Records Act and Open Public Meetings Act violations.
Commented [BJ3]: There are currently no terms of office
set. I pulled these from other committees.
Commented [BJ4]: This language comes from the City’s
Parks and Recreation Commission ordinance.
(f)Administrative Support. Administrative support will be provided to the Race
Equity Advisory Committee by Council staff as assigned by the Council President.
2.XX.040 MEETINGS AND OFFICERS.
The Race Equity Advisory Committee, each year, shall elect its own chairperson and
create and fill such other offices as it may determine it requires. The Committee’s regular
meeting shall be held at 6:00 p.m. on the second Tuesday of each month, unless a change in the
scheduled date or time is approved and duly noticed by the Committee.
2.XX.050 POWERS AND DUTIES.
The Race Equity Advisory Committee shall serve in an advisory capacity to the City
Council, by applying a race equity analysis to all aspects of governance. The Race Equity
Advisory Committee shall have the following duties:
(a)As directed by the city council, serve as a technical and planning advisory
committee to the city council on issues related to racism and race-related bias.
(b) As directed by the city council, assist the city in implementing racial equity-
related goals and policies as expeditiously as committee and city resources allow.
(c)As directed by the city council, provide advice or recommendations to the city
council, as appropriate, on methods of completing a baseline city government and police
department equity assessment of policies, staffing, contracting, and decision-making.
(d)As directed by the city council, assist with or manage the completion of a baseline
city government and police department equity assessment of policies and procedures.
(e)Recommend to the city council a racial equity action plan and implementation
strategy.
(f)Provide advice or recommendations to the city council, as appropriate, on how to
measure progress toward implementing the city’s racial equity action plan.
(g)As directed by the city council, assist the city with participation in regional racial
equity efforts.
(h)Provide education and outreach to the public regarding racial equity and the work
of the committee and the city relating to racial equity.
(i)Annually provide a report to the city council on committee work completed
within the last year and obtain the city council’s approval of a work plan for work to be
performed by the committee in the following year.
SECTION 3. Corrections. The City Clerk and codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of scrivener, clerical, typographical, and spelling errors, references, ordinance
numbering, section/subsection numbers and any references thereto.
SECTION 4. Severability. If any one or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION 5. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
Commented [BJ5]: These are the powers and duties
identified in the Bainbridge Island REAC ordinance.
PASSED by the City Council the___________ day of ____________________, 2022.
_________________________________
MICHAEL GOODNOW, Council President
Approved this ________ day of ________________________, 20___.
_________________________________
GREG WHEELER, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ _________________________________
ANGELA HOOVER, City Clerk KYLIE J. FINNELL, City Attorney
PUBLISHED the ________ day of ______________________, 20__.
EFFECTIVE the ________ day of ______________________, 20__.
ORDINANCE NO. ________.
From: Brett Jette <Brett.Jette@ci.bremerton.wa.us>
Sent: Wednesday, August 10, 2022 10:26 AM
To: Quinn Dennehy <Quinn.Dennehy@ci.bremerton.wa.us>; sarah.bremertonreac@gmail.com
Cc: City Council <City.Council@ci.bremerton.wa.us>; Kylie Finnell <Kylie.Finnell@ci.bremerton.wa.us>
Subject: RE: REAC related OPMA Questions
Good morning,
Below are the questions previously raised and my answers in red. Please let me know if you have any
additional questions or if I can be of further assistance.
1) I just reviewed the state RCW on open meeting laws, which reference a "governing board" of a public
agency. I would like first off to be clear if we are a public agency or a governing board. In particular, our
group has no tax payer budget (no budget at all), no decision making authority, the most we can do is to
"advise," and that advice only has any weight if it is brought to a duly called City Council meeting. "
Since we are neither a public agency nor a governing board, it would seem to me that this law does not
apply. It does seem to be the case that we could only have a certain number of City Council members
present during any discussion, since they do, in fact, have decision making powers.
Whether a committee is an advisory committee is not the only factor regarding whether a
committee is subject to the OPMA. A governing body includes any public agency and any
committee thereof when “the committee acts on behalf of the governing body, conducts hearings,
or takes testimony or public comment.” RCW 42.30.020(2). A “committee thereof” is any
committee created by the governing body of a public agency. Citizens Alliance for Property
Rights Legal Fund v. San Juan County, 184 Wash. 2d 428, 439, 359 P.3d 753 (2015). REAC was
created by the City Council and from my understanding takes testimony and public comment at
its meetings. Therefore, REAC at times, though not necessarily always, meets the definition of
“governing body” in RCW 42.30.020(2). However, there is also the City Charter which
independently requires that “All meetings of Council and City boards, commissions and
committees shall be open to the public except as excluded by 42.30 RCW or this Charter.”
Section 14(1). I interpret this provision of the Charter to mean that unless specifically exempt by
one of the provisions in 42.30 RCW, the meeting must be open to the public.
2) If the Open meeting law does apply, is there a different section that applies to advisory groups?
There is no section in the OPMA that addresses “advisory groups.” Section 14 of the City Charter
independently requires that REAC meetings be open to the public.
3) If the Open Meeting law applies to us, what are the mechanisms by which we are to do our work. For
example, if, during a duly called open meeting, the Advisory Group decides to participate with an
information table at the Juneteenth celebration, and there are logistics to be undertaken to carry out that
decision (dividing up shifts at the table, for example), does that need to be done with public notice? Can
email threads to the entire group be used to carry out decisions made in pubic?
I’m not sure that I understand this question. I would think that scheduling issues, etc. would be
handled exactly how Council handles scheduling issues. What is meant by “carrying out”
decisions that were made in public is unclear to me, but if it involves a quorum then I would have
concerns.
4) If emails must all be public, can we simply copy the City on all email chains, and you can post them on
a website or print them for public review? I don't have any secrets to hide from the public -- I would just
like to be able to contact my fellow committee members to discuss items to bring to meetings and even
more importantly to plan next steps and offer each other ideas and feedback.
3B
The issue of emails being available to the public as a public record is separate from the issue of
open meetings. Posting emails on a website is not sufficient for open meeting purposes. The
emails as described would appear to constitute a rolling quorum and meeting which would be a
violation of the Section 14 of the City Charter and depending on the discussion, a violation of the
OPMA. Analysis of any particular situation would be highly fact dependent including who was
on the emails and what information was being provided/exchanged.
5) Can our advisory committee hold work sessions or retreats, where no decisions will be made, without
requiring public notice and public comment?
No, this would constitute a violation of Section 14 of the City Charter and potentially a violation
of the OPMA.
6) Is there no way to hold an executive session when we are discussing sensitive issues, like who to
appoint to join the committee?
My legal opinion is that an executive session could not be held to discuss an applicant’s
appointment to REAC. RCW 42.30.110(1)(g) allows an executive session to discuss applicants
for public employment. While not yet addressed by case law, there is a compelling concurrence
from Justice Madsen noting that volunteer positions on boards and commissions are not “public
employment” for purposes of RCW 42.30.110(1)(g). See, Miller v. City of Tacoma, 138 Wash. 2d
318, 332, 979 P.2d 429 (1999)(Madsen, J. concurrence).
7) Do other city advisory committees exist? What are the closest analogues to REAC? Can we review the
charters or enabling ordinances for those committees? Do they have budgets? Do they have staff support?
Yes, there are a number of other advisory committees, boards, and commissions. It is difficult to
provide an analogue because none of these advisory boards have three councilmembers on them.
One analogous committee might be the Parks and Recreation Committee although as I indicated
there are no other advisory committees with councilmembers on them. The Parks and Recreation
Committee code is located at BMC 13.15. Many other committee ordinances are located
throughout Chapter 2 of the BMC including the Arts Commission (BMC 2.32) and the Public
Access Citizen’s Advisory Commission (BMC 2.40). I am unable to answer the remainder of the
questions.
8) What staff support can we access? What are provisions that must be included (beyond those in the
Open Meeting law).
I am unable to answer the first part of the question. I am unclear what the second part of the
question is in reference to. If this is referencing what must be in an ordinance, there would be
appointment and membership requirements from the Charter that would need to be met.
9) Can we change membership to include those who live, work, and/or are involved socially or in faith
groups located in the Bremerton city limits.
The current limits on membership is three councilmembers and no more than seven City of
Bremerton residents. This was established by the City Council. Any change to committee
member eligibility would need to be done by the City Council.
Best,
Brett M. Jette
Assistant City Attorney
City of Bremerton
345 6th Street, Suite 100
Bremerton, Washington 98337
(360) 473-2336
Brett.Jette@ci.bremerton.wa.us
ATTORNEY-CLIENT PRIVILEGED COMMUNICATION
This e-mail message and its attachments may contain confidential attorney work product and be subject to
the attorney-client communication privilege. It is intended solely for the use of the individual named
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From: Brett Jette
Sent: Thursday, July 21, 2022 8:32 AM
To: Quinn Dennehy <Quinn.Dennehy@ci.bremerton.wa.us>; sarah.bremertonreac@gmail.com
Cc: City Council <City.Council@ci.bremerton.wa.us>; Kylie Finnell <Kylie.Finnell@ci.bremerton.wa.us>
Subject: RE: REAC related OPMA Questions
Good morning Sarah and Quinn,
I just wanted to update you that Legal is working on answers to these questions and will have a response
prior to the next REAC meeting.
Best,
Brett M. Jette
Assistant City Attorney
City of Bremerton
345 6th Street, Suite 100
Bremerton, Washington 98337
(360) 473-2336
Brett.Jette@ci.bremerton.wa.us
ATTORNEY-CLIENT PRIVILEGED COMMUNICATION
This e-mail message and its attachments may contain confidential attorney work product and be subject to
the attorney-client communication privilege. It is intended solely for the use of the individual named
above. If you are not the intended recipient, or the person responsible to deliver it to the intended
recipient, you are hereby advised that any dissemination, distribution or copying of this communication is
prohibited. If you have received this e-mail in error, please immediately notify the sender by reply e-mail
and delete and/or destroy the original and all copies of the e-mail message.
From: City Council <City.Council@ci.bremerton.wa.us>
Date: July 17, 2022 at 5:11:37 AM PDT
To: Sarah van Gelder <sarah.bremertonreac@gmail.com>
Cc: Quinn Dennehy <Quinn.Dennehy@ci.bremerton.wa.us>, Kylie Finnell
<Kylie.Finnell@ci.bremerton.wa.us>
Subject: RE: REAC related OPMA Questions
Sarah,
Thank you for providing these questions that were raised during the last REAC Meeting. I’m forwarding
your email to the City Attorney for a response; and a copy will be shared with the Committee
Chair… the rest of REAC will receive a blind copy.
Lastly, I’ve confirmed this email contact is the one staff is currently using for you.
Sincerely,
Christine Grenier
Legislative/Auditor Assistant
Bremerton City Council
(360) 473-5280
www.BremertonWA.gov
From: Sarah van Gelder <sarah.bremertonreac@gmail.com>
Sent: Saturday, July 16, 2022 5:28 PM
To: City Council <City.Council@ci.bremerton.wa.us>
Subject: Re: July 14 REAC Agenda
CAUTION: This email originated from outside of the organization. Do not click link s or open attachments
unless you recognize the sender and know the content is safe.
Quinn asked us to address questions to him regarding the functioning of the committee, for responses
by the city attorney.
1) I just reviewed the state RCW on open meeting laws, which reference a "governing board" of a public
agency. I would like first off to be clear if we are a public agency or a governing board. In particular, our
group has no tax payer budget (no budget at all), no decision making authority, the most we can do is to
"advise," and that advice only has any weight if it is brought to a duly called City Council meeting. " Since
we are neither a public agency nor a governing board, it would seem to me that this law does not apply.
It does seem to be the case that we could only have a certain number of City Council members present
during any discussion, since they do, in fact, have decision making powers.
2) If the Open meeting law does apply, is there a different section that applies to advisory groups?
3) If the Open Meeting law applies to us, what are the mechanisms by which we are to do our work. For
example, if, during a duly called open meeting, the Advisory Group decides to participate with an
information table at the Juneteenth celebration, and there are logistics to be undertaken to carry out
that decision (dividing up shifts at the table, for example), does that need to be done with public notice?
Can email threads to the entire group be used to carry out decisions made in pubic?
4) If emails must all be public, can we simply copy the City on all email chains, and you can post them on
a website or print them for public review? I don't have any secrets to hide from the public -- I would just
like to be able to contact my fellow committee members to discuss items to bring to meetings and even
more importantly to plan next steps and offer each other ideas and feedback.
5) Can our advisory committee hold work sessions or retreats, where no decisions will be made, without
requiring public notice and public comment?
6) Is there no way to hold an executive session when we are discussing sensitive issues, like who to
appoint to join the committee?
7) Do other city advisory committees exist? What are the closest analogues to REAC? Can we review the
charters or enabling ordinances for those committees? Do they have budgets? Do they have staff
support?
8) What staff support can we access? What are provisions that must be included (beyond those in the
Open Meeting law).
9) Can we change membership to include those who live, work, and/or are involved socially or in faith
groups located in the Bremerton city limits>
Thank you!
Sarah van Gelder
PS Can you use this email address when contacting me for REAC business, please.
--
Sarah van Gelder, community member of Bremerton REAC
Please use this email address for all correspondence regarding REAC.
Thank you!
Current Purpose:
“To advise the City Council by applying a race equity analysis to
all aspects of governance; and to maintain engagement with
and accountability to other work being done throughout the
Bremerton Community in service of Race Equity”
Proposed Purpose:
"To provide advice and counsel to the City Council on matters
identifying programmatic, community, and legislative options;
and to seek suggestions on how to ensure that the City of
Bremerton is an open and welcoming community for all”
3C
From: Anna Mockler <Anna.Mockler@ci.bremerton.wa.us>
Sent: Tuesday, August 9, 2022 2:47 PM
To: City Council <City.Council@ci.bremerton.wa.us>; Airen Lydick <AirenBremertonREAC@gmail.com>;
Darryl Riley <darrylriley82@yahoo.com>; Glenna Matteson <gmatteson@alumni.unc.edu>; Jennifer
Chamberlin <Jennifer.Chamberlin@ci.bremerton.wa.us>; Quinn Dennehy
<Quinn.Dennehy@ci.bremerton.wa.us>; Sarah Van Gelder <sarah.bremertonreac@gmail.com>;
leiyomi4kitsap@gmail.com <leiyomi4kitsap@gmail.com>
Cc: Kylie Finnell <Kylie.Finnell@ci.bremerton.wa.us>
Subject: Re: August 11 - Race Equity Advisory Committee Agenda & Meeting Packet
Proposed amendments to Agenda:
1. Replace "purpose and vision" with "purpose" from City website:
"The purpose of the committee is provide advice and counsel to the City Council on matters
identifying programmatic, community, and legislative options; and to seek suggestions on how
to ensure that the City of Bremerton is an open and welcoming community for all.
Responsibilities may include:
• Adopting a Purpose/Mission Statement
• Setting Goals and/or determining which Issues, Policies & Procedures to review (i.e.
scope)
• Establishing a timeline for each goal
• Hosting community events and outreach
• Making recommendations to City Council"
2. Specific Goals (AM's proposals; others of course would be deeply welcomed)
a. City of Bremerton workforce mirrors diversity of City of Bremerton residents;
b. City of Bremerton onboards BIPOC interns, which it seeks in Bremerton HS,
Olympic College, West Sound Technical, Pastor Johnson, among others, like WSDOT's program;
c. REAC community members represent communities who experience racism;
d. REAC attends BIPOC functions in Bremerton, attendance fees paid by City, e.g.,
NAACP 1134 banquet in September 2022;
e. REAC organizes and City pays for events at Marvin Williams, e.g., graduation bash
for the Coding Dojo thing. Aggressively seeks similar opportunities with Spanish-speaking,
Filipino, Native American, and other non-white communities.
3. Improve communication among REAC members between meetings
Some events and issues that crop up between meetings get no response from the Chair, whose
day job is overwhelming just to hear about. Let's figure out a workaround at the August 11th
meeting.
4. Applause for Glenna, who got REAC its own email for GARE!
Anna
Anna Mockler
Bremerton City Councilor, District Six