Two Port Commissioners Held Illegal MeetingPermalink +
Tue, Apr 10, 2012, 8:52 pm // John Servais
It is time to bring to our community the information and questions we have been dealing with regarding the sudden firing of Port of Bellingham Executive Director Charlie Sheldon last week. As many business, civic and fishing industry leaders have come forward to speak highly of Charlie and the tragedy of his firing, I have held back posting about the sad and illegal string of events that led to his dismissal. I've held back in hope that port commissioner Jim Jorgensen would reverse himself and join commissioner Mike McAuley in offering Sheldon his job back. Jorgensen has had sufficient grace time, so now we write.
On Friday, March 30, the three port commissioners held an executive meeting - a closed meeting with only invited staff and counsel - to discuss "personnel." After the closed meeting, there was no public session, and thus, by law, no action taken by the commission. They obviously met to discuss Charlie Sheldon and whether to ask him for his resignation. We all know that. With no vote, we know that coming out of that meeting, commissioner Scott Walker was unable to convince Jim Jorgensen to vote to ask Sheldon for his resignation. Mike McAuley strongly supported Sheldon. So ended the week.
Commissioner Mike McAuley says, "Between the end of the closed executive port commission meeting on Friday and Monday morning, I had no contact directly or indirectly with either of the other two commissioners. On Monday, I was asked to review and approve a 'Separation Agreement' with Charlie Sheldon. Clearly, Jim had joined Scott in demanding Charlie Sheldon's resignation. What surprises me is the lack of openness, and unwillingness to make the decision in the session we had scheduled for Tuesday. All decisions, whether we agree or not, should be determined by the whole body, not just any one of us working individually until a quorum is reached. That is a failure to uphold the spirit of the people's demand for open government."
Actually, it is more than the spirit of something. What Walker and Jorgensen did over the weekend was hold an illegal commission meeting in order to force Charlie Sheldon to resign. We have learned several things about what happened over the weekend. And part of what we learned was that Walker and Jorgensen communicated through port staff. This is a "serial meeting" - where two commissioners who are not allowed to meet and make decisions actually discuss and decide something via an intermediary. It is a plain violation of the Open Meetings act of state law. It is up to others - the State Auditor - to investigate and assign penalties.
What happened on Saturday? A delegation of port staffers went to Jim Jorgensen's home in Blaine on that morning. A reliable source verified that port directors Rob Fix, Mike Stoner and possibly a third director went to Blaine. It was Scott Walker who asked staff to go to Jorgensen's that Saturday morning. We know Jorgensen phoned Sheldon and then met with him in the afternoon and told him the vote was 2 to 1 demanding Sheldon either resign or be fired.
On Sunday things continued in an unethical if not illegal manner. Scott Walker, port attorney Frank Chmelik, and Rob Fix met to draft Sheldon's Separation Agreement. All this without ever notifying the third commission member, Mike McAuley.
On Monday morning, Sheldon wrote his resignation and submitted it. On Tuesday morning, he signed the Separation Agreement and the full port commission, in their regular afternoon meeting, approved the agreement. Mike McAuley tried his damnedest to get a two week delay on the agreement in hopes of getting Jorgensen to reverse his vote and keep Sheldon. No luck.
What is absent from this narrative is the motivation. We have some solid information that Rob Fix worked closely with Scott Walker for some time to get rid of Charlie Sheldon. With Chmelik helping draw up the agreement, this makes him part of the group of schemers working to oust Sheldon. Chmelik knew well that the Saturday actions were illegal.
This reconstruction of the weekend is from normally reliable sources. In this town, if you speak out, your social life and career will suffer. But in the case of such an audacious action as firing Charlie Sheldon, many people came forward with information - on condition of absolute non-attribution. Some are unknown to me, but came through other very reliable people. We are all trying to piece together what happened. My part is to post this report from our shared first-hand bits of information.
Kelli Linville, Bellingham's mayor, said, "I have spoken to all the commissioners to express my disappointment. I restated my support of Charlie, how much I enjoyed working with him and the important part he has played in working with me and city/port staff in moving a realistic plan forward for the waterfront."
And now it is up to citizens to decide whether we express our objection to this action for a short while, or we come together to take long-term action. One option is to recall Walker and elect a replacement this fall. Another is to expand the commission to five members, thus overwhelming Walker and Jorgensen for the year 2013; this would also bring a better group dynamic to port decisions in the future. I favor leaving Walker where he is and putting our energy into two more commissioners. But it is up to our Whatcom community.
Related Links:-> Cascadia Weelky has "Et tu, Brute?", an excellent account of all this
Mon, Aug 25, 2014, 11:48 am // Terry WechslerWhile the state spends hundreds of thousands of dollars defining risks of crude by rail, Skagit County finds no significant adverse impacts of a crude-by-rail proposal.
1 comments; last on Aug 28, 2014
Fri, Aug 22, 2014, 2:06 pm // Guest writerPatrick McKee of the Sunnyland Neighborhood guest-writes about the August 11 City Council slap-dash zoning changes.
2 comments; last on Aug 23, 2014
Wed, Aug 20, 2014, 4:54 pm // Terry WechslerNot content with causing massive inconvenience, BNSF is now literally dumping on county residents.
10 comments; last on Aug 26, 2014
Sat, Aug 16, 2014, 3:48 pm // Guest writerJudith Green of the Sunnyland Neighborhood guest writes this brief summary of what went wrong with the planning last week.
1 comments; last on Aug 22, 2014
Fri, Aug 15, 2014, 7:12 am // Terry WechslerA massive upgrade of the Cascade [rail] Corridor has left residents stranded and the sheriff asking Washington, DC, to intervene.
6 comments; last on Aug 21, 2014
Thu, Aug 14, 2014, 3:13 pm // Guest writerSandy Robson guest writes of the need for real prosperity at Cherry Point, not a destructive short term coal port that destroys the fishing grounds.
4 comments; last on Aug 18, 2014
Tue, Aug 12, 2014, 10:52 am // Riley SweeneySome Context for the Primary Results
Mon, Aug 11, 2014, 11:31 pm // John ServaisBellingham City Council abruptly changes zoning codes to force Planning Department plan on Sunnyland residents.
7 comments; last on Aug 14, 2014
Fri, Aug 08, 2014, 10:10 am // John ServaisUpdated Wed evening. The Tuesday evening 8:20 pm Auditor report on the election is in.
5 comments; last on Aug 08, 2014
Fri, Aug 01, 2014, 8:00 am // Dick ConoboyCouncilmember Murphy's proposal is based on a complaint-based rental ordinance from Tacoma, demonstrated to do little for the health and safety of tenants.
9 comments; last on Aug 04, 2014
Fri, Aug 01, 2014, 4:47 am // Terry WechslerCarefully planned actions are rolling across the state to make the point that it's not OK to expose us to risks associated with CBR.
7 comments; last on Aug 04, 2014
Thu, Jul 24, 2014, 11:40 am // Riley SweeneyNorthwest Citizen has conducted a phone poll of likely voters, with some surprising results!
9 comments; last on Jul 29, 2014
Thu, Jul 24, 2014, 7:52 am // Dick ConoboyIn contravention of the Bellingham Municipal Code, the City Council will consider on 4 August a last minute docketing request that ignores the Planning Commission and Samish Neighborhood.
1 comments; last on Jul 30, 2014
Wed, Jul 23, 2014, 10:47 pm // Guest writerGuest writer Mike Rostron explains how Bellingham city planners played loose and illegal with planning processes.
Tue, Jul 22, 2014, 7:22 pm // John ServaisSunnlyland residents win one - after a seven year effort. Planning Department failed them and all of us.
2 comments; last on Jul 23, 2014
Mon, Jul 21, 2014, 5:30 am // Guest writerLandlords are so caught up opposing a licensing and inspection ordinance, they cannot see the upside for them in ridding the city of bad rentals.
19 comments; last on Aug 01, 2014
Fri, Jul 18, 2014, 1:24 pm // Guest writerJudith Green explains how the Bellingham Planning Department is trying to cram their plan onto a neighborhood.
5 comments; last on Jul 21, 2014
Sun, Jul 13, 2014, 2:26 pm // Terry WechslerYears after BP completed its north dock, the Army Corps of Engineers released a draft EIS and it's really really stupid.
Tue, Jul 08, 2014, 8:20 am // Dick ConoboyThe city council "persuades" the city administration to withdraw a request for an intrusive police threat warning system
2 comments; last on Jul 08, 2014
Mon, Jul 07, 2014, 6:54 am // Terry WechslerIt is time we stop allowing corporations to externalize the costs associated with their risky business practices, and demand more from our regulators who hold the keys to…
3 comments; last on Jul 13, 2014
Mon, Jul 07, 2014, 5:04 am // Guest writerGuest writer Sandy Robson breaks the story of officials from Washington treated to a coal-promoting junket to Wyoming.
2 comments; last on Jul 13, 2014
Fri, Jul 04, 2014, 5:00 am // Guest writerFerndale's most famous landmark is frequently commented on and is often in the news. Here is their side of the story.
4 comments; last on Jul 07, 2014
Wed, Jul 02, 2014, 5:14 pm // Terry WechslerOn the anniversary of the Lac-Megantic disaster, communities throughout North America rally in solidarity to remember and protest wholly inadequate government response to crude-by-rail's risks.
4 comments; last on Jul 12, 2014
Fri, Jun 27, 2014, 9:01 pm // Guest writerIn the Weekly, Tim Johnson left out three words in quoting Craig Cole - and his story misleads readers. Guest article by Sandy Robson.
11 comments; last on Jul 01, 2014
Tue, Jun 24, 2014, 10:24 am // Dick ConoboyThe Bellingham Police Department wants to purchase "threat assessment" software with federal monies. Citizen comments were vehement and negative. City Council confused.
5 comments; last on Jul 03, 2014
Tue, Jun 17, 2014, 10:18 pm // Tip JohnsonWherein the failings of a bad policy framework are revealed
1 comments; last on Jun 19, 2014
Tue, Jun 17, 2014, 7:53 am // Dick ConoboyThe possession and use of consumer fireworks are no longer permitted within the city limits.
1 comments; last on Jun 19, 2014
Wed, Jun 11, 2014, 11:39 am // John ServaisWyoming Senators and coal honchos were in Whatcom County June 10 - to hold a news conference with select reporters.
7 comments; last on Jun 20, 2014
Tue, Jun 10, 2014, 11:20 am // John ServaisBellingham Hearing Examiner, Dawn Sturwold, retires in three weeks. Successor selection is hidden from all of us.
3 comments; last on Jun 11, 2014
Fri, Jun 06, 2014, 2:07 pm // Terry WechslerPart 2: Following Ken Oplinger to California, and Home Again
4 comments; last on Jun 19, 2014
Sun, Jun 01, 2014, 12:39 am // Guest writerA Venn diagram where coal, the Endangered Species Act, Republicans, and Wyoming’s Board of Education collide.
2 comments; last on Jun 02, 2014
Wed, May 28, 2014, 3:15 pm // Guest writerA perspective by guest writer Ellen Murphy reflects on the Whatcom Watch and the threatened law suit by Craig Cole.
22 comments; last on Jun 01, 2014
Tue, May 27, 2014, 1:23 am // Wendy HarrisWhy was so little consideration given to the concept of developing the waterfront for eco-tourism?
5 comments; last on Jun 11, 2014
Mon, May 26, 2014, 7:51 pm // Wendy HarrisCity park improvements have implications on the local and global scale.
2 comments; last on May 29, 2014
Thu, May 22, 2014, 12:10 am // Guest writerWyoming is ready to try and legally force us to limit our environmental scoping for the Cherry Point coal terminal
4 comments; last on Jun 17, 2014
Sun, May 18, 2014, 11:57 pm // Wendy HarrisReckless rezones and far-fetched explanations result in more slaughterhouses and meat packing plants
3 comments; last on May 20, 2014
Sat, May 17, 2014, 2:34 pm // Riley SweeneyRiley takes a closer look at the Charter Review Commission candidates
2 comments; last on May 21, 2014
Tue, May 13, 2014, 5:04 pm // Wendy HarrisBellingham's annual water quality report indicates that city hall's propoganda machine is going strong
1 comments; last on May 14, 2014
Sun, May 11, 2014, 2:20 pm // Terry WechslerPart 1: Introduction to the Bellingham Basin’s Potential for Fracking, Earthquakes, and Earthquakes Due to Fracking
3 comments; last on May 14, 2014
Fri, May 09, 2014, 10:02 am // John ServaisThe Political Junkie for Whatcom County - that would be Riley Sweeney - has Overstreet not running for reelection in the 42nd.
1 comments; last on May 13, 2014
Fri, May 09, 2014, 6:10 am // Terry WechslerWhy Washington must step in and assume lead agency status in Skagit County for the Shell crude by rail proposal.
6 comments; last on Jun 21, 2014
Tue, May 06, 2014, 5:52 pm // Riley SweeneyThe value of a Precinct Committee Officer . . .
1 comments; last on May 07, 2014
Mon, May 05, 2014, 3:34 pm // Tip JohnsonWherein the gyrations of the bid for widespread county slaughter are exposed.
2 comments; last on May 07, 2014
Thu, May 01, 2014, 10:21 pm // Guest writerMove to Amend is a national movement to amend the U.S. Constitution and define persons as people and speech as not money.
7 comments; last on Jun 02, 2014
Wed, Apr 30, 2014, 8:20 am // John ServaisRiley posted this morning that Seth Fleetwood has decided to challenge Doug Ericksen for state senate in the 42nd District.
1 comments; last on Apr 30, 2014
Mon, Apr 28, 2014, 6:28 am // Dick ConoboyEvery Bellingham Planning Commission member has ties to development or development-related businesses.
4 comments; last on Apr 30, 2014
Mon, Apr 21, 2014, 1:59 pm // Terry WechslerA closer look at Whatcom County's industrial "stewards of the environment."
4 comments; last on Aug 28, 2014
Mon, Apr 21, 2014, 11:43 am // Wendy HarrisThe public needs to support city council and request that a waterfront habitat assessment include terrestrial species and habitat connectivity.
Sat, Apr 19, 2014, 2:57 pm // Terry Wechsleror How Not to Plan for Future Generations' Water Needs
12 comments; last on Jun 30, 2014
Thu, Apr 17, 2014, 10:40 am // Riley SweeneyA simple explanation of the Charter Review and analysis of District only voting
Wed, Apr 09, 2014, 9:07 am // Riley SweeneyCity pushes for Alabama Street improvements, residents speak out
3 comments; last on Apr 14, 2014
Sun, Apr 06, 2014, 4:29 pm // Guest writerBy Christopher Grannis: Wherein despite every effort and expense, citizens cannot make the City follow the law or work for neighborhoods
2 comments; last on Apr 07, 2014
Sun, Apr 06, 2014, 12:52 pm // Terry WechslerWhy commenting on the EIS for Comp Plan revisions for Cherry Point means demanding an EIS in the first place.
5 comments; last on Jun 25, 2014
Wed, Apr 02, 2014, 6:00 am // Dick ConoboyAmbling University Development Group pulls out. University Ridge will not be built.
12 comments; last on Apr 06, 2014
Tue, Apr 01, 2014, 1:27 pm // Wendy HarrisPlease help us protect county wildlife by ensuring that the scope of the EIS review is adequate. A sample scoping letter is included.
Mon, Mar 31, 2014, 2:23 am // Wendy HarrisThe public has a week to comment on the scope of issues reviewed under the EIS.
Fri, Mar 28, 2014, 1:32 am // Wendy HarrisOn March 26, 2014 the city and county provided their update and assessment on the status of Lake Whatcom. This is mine.
2 comments; last on Apr 01, 2014
Wed, Mar 19, 2014, 10:32 am // Riley SweeneyRiley digs into the county's plan to buy the county morgue
3 comments; last on Mar 24, 2014
Mon, Mar 17, 2014, 12:52 am // Wendy HarrisThe public is not provided with a proposed plan or adequate information prior to the annual "state of the lake" meeting
4 comments; last on Mar 18, 2014
Sat, Mar 15, 2014, 1:11 pm // Tip JohnsonWherein there's a crackdown on growing plants, and plans to let slaughter run free
2 comments; last on Mar 16, 2014
Election InfoCandidate Filings
Primary election results
Coal, Oil & TrainsCommunity Wise Bellingham
Powder River Basin R. C.
Local Blogs & NewsBellingham Herald
Bham Herald Politics Blog
Bham Politics & Economics
Friends of Whatcom
Get Whatcom Planning
League of Women Voters
Western Front - WWU
Local CausesChuckanut Community Forest
City Club of Bellingham
Futurewise - Whatcom
Lummi Island Quarry
N. Cascades Audubon
NW Holocaust Center
Reduce Jet Noise
Salish Sea Org.
Save the Granary Building
WA Conservation Voters
Port of Bellingham
US - The White House
WA State Access
WA State Elections
WA State Legislature
Weather & ClimateCliff Mass Weather Blog
Nat Hurricane Center
Two day forecast
Watts Up With That? - climate
Edge of Sports
Famous Internet Skiers
Good Web SitesAl-Jazeera online
Foreign Policy in Focus
Innocence Project, The
Intrnational Herald Tribune
Julia Ioffe/New Republic
Middle East Times
New American Century
Paul Krugman - economics
Personal bio info
Portland Indy Media
Project Vote Smart
Stand for the Troops
Talking Points Memo
The Crisis Papers
War and Piece
NwCitizen 1995 - 2007Early Northwest Citizen
Quiet, Offline or DeadBellingham Police Activity
Citizens of Bellingham
Cordata & Meridian
Facebook Port Reform
N. Sound Conservancy
No Leaky Buckets
Protect Bellingham Parks
The American Telegraph