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HomeMy WebLinkAbout09/08/2022 REAC AGENDA PACKETBremerton Race Equity Advisory Committee – Meeting AGENDA Thursday, September 8th, 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(s): Quinn Dennehy Land Acknowledgement: Glenna Matteson Timekeeper: Airen Lydick 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. 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 Minutes (6:10 - 6:15 p.m.) a. July 14, 2022 REAC Meeting 3. REAC Purpose, Structure, and City Attorney’s Memo (6:15 – 6:45 p.m.) a. Options for Committee relating to Structure b. Responses to Questions & Comments regarding OPMA 4. Appointments (6:45 – 6:55 p.m.) a. Proposed Extension to December 31, 2022 for Airen Lydick (Term expiring 9/13/22) b. Proposed Extension to December 31, 2022 for Sarah Van Gelder (Term expiring 9/13/22) c. Proposed Term for Leiyomi Preciado (Term expiring 7/13/23 or 7/11/24) Pending Legal Review 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: ▪ Bremerton REAC Vacancies ▪ Other Business 7. Old Business (~10 minutes) a. Update on GARE Log-in Credentials for Darryl, Glenna, Sarah, and Airen b. Update on next Joint Meeting with Bainbridge REAC Bremerton Race Equity Advisory Committee – Meeting AGENDA Thursday, September 8th, 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. c. Update on next Retreat d. Other Business 8. New Business (~5-minutes) a. To be determined b. Establish Roles for October 13th Meeting: i. Tech Host: Jennifer Chamberlin ii. Land Acknowledgement Reader: iii. Timekeeper: iv. Notetaker: v. Facilitator: Quinn Dennehy 9. Closing Remarks (7:30pm) LAND ACKNOWLE DGEMENT STATEMENT "Every part of this soil is sacred in the estimation of my people. Every hillside, every valley, every plain and grove, has been hall owed by some sad or happy event in days long vanished." Chief Seattle 1854 We would like to begin by acknowledging that the land on which we gather is within the ance stral territory of the suq wabs "People of Clear Salt Water'' (Suquamish People). Expert fi sherman, canoe builders and basket weavers, the suqwabs live in harm ony with the lands and waterways along Wa shington's Central Salish Sea as they have for thousands of years. Here, the suqwabs live and protect the land and waters of their ancestors for future generati ons as promised by the Point Elliot Treaty of 1855. ORT GAMBLE S'KLALLAM TRIBE from the Preamble to the Point No Point Treaty Council Constitution ... the Port Gamble S'Klallam and the Jamestown S'Klallam Tribes, of the Point No Point Treaty Area, recognize the responsibility and need to protect and advance the treaty reserved hunting, fishing and gathering rights of [their] Tribes. [The Port Gamble S'Klallam and the Jamestown S'Klallam Tribes] further recognize that [their] inherent traditional and cultural rights constitute vital and irreplaceable resources for [their] future. These resource s are essential for the social, cultural and economic self-sufficiency and well-being of [their] Tribal communities. [The Port Gamble S'Klallam and Jamestown S'Klallam Tribes] believe that in unity and mutual respect [they] can best accomplish [their] community goals, not only for the benefit of Indian people, but for all people. 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, July 14th, 2022, 6:00 p.m. Learn more at https://www.bremertonwa.gov/1232/Race-Equity-Advisory-Committee-REAC Next REAC meeting: Thursday, August 11th, 2022, 6:00 p.m. SERVING THIS MEETING Tech Host: Quinn Dennehy Facilitator: Anna Mockler Land Acknowledgement: Sarah van Gelder Timekeeper: Darryl Riley Notetaker: Quinn Dennehy 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, Quinn Dennehy, and Anna Mockler REAC Members Absent: Jennifer Chamberlin 1.Welcome & Introductions a.The meeting was called to order at 6:00 p.m. by Quinn Dennehy. b.Sarah Van Gelder read the Suquamish Tribe’s Land Acknowledgement Statement. c.Anna Mockler read the Purpose and Vision of Bremerton REAC. d.Bremerton REAC members introduced themselves. 2.Approval of Meeting Agenda a.The Meeting Agenda was approved. 3.Approval of Meeting Minutes a.The June 9, 2022 Meeting Minutes were approved unanimously. 4.Interview of Candidates (Postponed) Quinn provided an update on applicants: Harrington Griffin (declined) and Leiyomi Preciado (interviewed at June 9 Meeting). Also, it was confirmed that Darryl Riley’s term will expire on August 10. Approval of Candidates REAC Members unanimously approved the appointment of Leiyomi Preciado; and the reappointment of Darryl Riley until December 31, 2022. 5.Update on Bremerton City Council's Activities a.Discussion on Follow-Up to Action Items including the following: ▪Bremerton REAC Vacancies (discussed under Item #4) ▪Anna shared highlights of the Juneteenth Festival (handouts, swag, attendance, 2A Bremerton Race Equity Advisory Committee – Meeting Minutes Thursday, July 14th, 2022, 6:00 p.m. Learn more at https://www.bremertonwa.gov/1232/Race-Equity-Advisory-Committee-REAC Next REAC meeting: Thursday, August 11th, 2022, 6:00 p.m. and the need to apply early for booth space next year) ▪Quinn shared that Goal #7 "Equity in Government" was added to the Council’s Goals & Priorities at the June 11 Joint Planning Session. Darryl made suggestions on language changes, and Quinn will bring up at the July 20 Council Meeting. ▪Glenna, Darryl, and Airen will provide a Presentation on GARE at the July 27 Council Study Session (Overview of Website, How to Get Access, and Key Resources). With emphasis on removing barriers to access resources so REAC can advise City Council. ▪Opportunities to discuss potential budget ideas (such as hiring a DEI Consultant) may land prior to/at the Finance, Investment & Parking Committee on July 26; and 2023 budget requests are being submitted by July 28. Darryl left the meeting at 7:20 PM… 6.REAC Purpose, Structure, and City Attorney’s Memo – Postponed to August 11 Meeting a.Options for Committee relating to Structure b.Questions & Comments regarding OPMA c.What should be included in REAC’s Work Plan? What are REAC’s Priorities? ACTION ITEM: Questions may be forwarded to staff for initial review by the City Attorney, with a response anticipated at the next meeting. ACTION ITEM: Airen suggested that the Work Plan & Priorities be added to a list of potential items for a Retreat, possibly in early fall. 7.Working Team Reports – None; and Postponed until after a Retreat can be held 8.Old Business a.Requests submitted for Community Members for GARE Access. Glenna confirmed she has account access through her job. b.The July 28 Joint Meeting with Bainbridge REAC was postponed and to be rescheduled. 9.New Business a.Initial discussion on how to address community concerns sent to Bremerton REAC via email. •ACTION ITEM: Emails will be added to the monthly meeting packet. •ACTION ITEM: This topic will be added to a future Retreat agenda. b.Roles for Next Meeting – Thursday, August 11th, 2022, 6 p.m., via Zoom •Tech host: Quinn Dennehy •Facilitator: Anna Mockler (with City Attorney Kylie Finnell) •Land Acknowledgement: Glenna Matteson •Timekeeper: Airen Lydick •Notetaker: Jennifer Chamberlin 10.Public Comment – None 11.Closing Remarks The meeting was adjourned at 7:52 p.m. 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 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 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: 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!