Salmon Recovery Funding Board holds meeting without proper public notice, says attendee

Local incumbent Commissioner Steve Tharinger co-chairs meeting in violation of Open Meetings Act - pushes forward agenda toward more land acquisition despite protests from members

By Lois Krafsky-Perry
Editor, Citizen Review Online

10/31/03

Sequim, WA -- A public meeting for the Salmon Recovery Funding Board (SRFB) was held October 29 and 30, 2003, in Sequim, WA at the John Wayne Marina. The meeting place listed with the Washington State Register as required by the Open Meetings Law was to be held in Yakima - not Sequim. According to state law, meetings must be announced almost three weeks prior to a public meeting, allowing the public in that community to attend and have opportunity to testify. It was pointed out to this reporter that Tammy Owings, SRFB Executive Coordinator would have a copy for proof of this meeting's notice, but she claimed she did not have it with her.

Approximately 70 agency representatives attended the two all day meetings. The quietly planned meeting was hosted by Chair William Ruckelshaus and co-chaired by Clallam County Commissioner Steve Tharinger (D). Tharinger is an incumbent challenged by Sue Forde (R), in the race for county commissioner, in the November 4 election. (Tharinger chaired the Oct 16-17 Issues Task Force meeting in Edmonds, Washington.)

After review and approval of September 2003 meeting minutes the committee got down to business.

The agenda for the Sequim meeting was prepared by Office Of The Interagency Committee (IAC), Olympia, Washington. A panel consisting of Phil Miller, (Governor's Salmon Recovery Office), Megan White (Washington State Department of Transportation), and Peter Birch (Washington Department of Fish and Wildlife) gave a presentation on Watershed-Based Mitigation and Salmon Habitat Funding; An Opportunity. This included Board discussion.

A two-hour field trip included a look at the Restoration Project of Jimmy Come Lately Creek & Estuary. The four major phases include: Phase 1- Channel realignment 2002-2003. Completed 2003, Phase 2-Estuary Restoration/fill Removal 2003-4, Phase 3-Bridge Replacement 2004, Phase 4- Division of Existing -Creek Flow 2004. The Regional Fisheries Enhancement Group (RFEG) Report was presented by their representative, Paula Mackrow. Bruce Crawford was scheduled to present Effectiveness and Status/Trend Monitoring.

The 5th Roundtable - Issues Task Force Introduction and Update - was facilitated by Steve Tharinger, where testimony was heard from four lead entities. There are 26 "lead entities" in the state of Washington. (The lead entity for the Sequim-Dungeness area is the Dungeness River Management Team, of which Tharinger is chair.) Their questions, complaints, and suggestions were discussed by the Board. A recurring question was the request to have funding for non-listed species as well as listed endangered species. Jim Fox presented the October 21, 2003 draft, "A Guide to Lead Strategy Development" and it was discussed by panels and the Board. There was much discussion about community/citizen involvement, committees, and acquisition. (Acquisition of private property for salmon recovery has been a high priority of the SRFB, which has used approximately 50% of its funding allocation to buy up property.)

Ruckelshaus reminded the group several times that their committee was governed by the legislature and they needed to abide by the laws set forth by that governing body. The legislature states that listed species have priority in funding. The chair stated near the close of the meeting, as he listened to complaints from some panel members, "as long as all of us don't lose sight of what we are doing, we will be fine."

The meeting ended on a note of contention when the only member of the public attending the meeting testified at the end of the second day. William (Willy) E. O'Neil, Jr. of Olympia addressed the Board with his observations, and closed with the assertion that meeting had violated the Open Public Meetings Act. (O'Neil is Manager of Environmental Affairs for Associated General Contractors (AGC) of Washington. AGC has over 200,000 workers providing 10% of the tax base including sales and B&O taxes, according to O'Neil.)

O'Neil told the committee if they went with what the legislature set up, they could solve problems now. "Get back to the State legislature RCW 77.85.050. Go back to the criteria for SRFB," he said. "Look at the listed species and look at providing salmon recovery," he continued. He said the acrimony of the 4th round could have been avoided if things had been done correctly. He said the concern is that no project will be 'on the ground' in the 5th round next year.

O'Neil, a former rules coordinator with the state, said their acquisition process is not based on best available science. He told them there is no need for a new level of review for salmon recovery, referring to the new layer of bureaucracy proposed by Tharinger in a previous meeting. He stated that the legislature set up a simple, efficient, and effective process. The legislature created HB-2514 - Watershed Management Planning - with ESSB 2496, The Salmon Recovery Planning Act, which constitutes the state's plan.

O'Neil advised that the current role, together with the local technical advisory committee diminishes the role of the citizen's committee. He also advised they pick another review team. He observed that the SRFB does not have focus on state law. "We are losing sight of the Technical Review Team (TRT). TRT supports the effort to stop projects by project review. The legislature was cognizant of that with 2514," he said.

Tharinger had signed on with the SRFB to create a new "regional" organization with funding of $5.1 million to begin development of regional, rather than local, salmon recovery plans. This moves away from the intent of the legislature, which focuses on "local 'on the ground' recovery projects, according to O'Neil.

O'Neil capped his testimony by reminding the SRFB that they had not abided by the Open Public Meetings Act. He affirmed that no notice is listed in the State Registar for this meeting place and does not comply with the Open Public Meetings Act.

Other topics included management reports, status reports, 2004 Meeting and Schedule. There was also staff presentation and board discussion on budget issues.

Participants listed were Laura Johnson, Director's Report, Debra Wilhelmi, Financial Status Report, Rollie Geppert, Project Management Report, Chris Drivdahl, Governor's Salmon Recovery Office-Council of Regions, and Shirley Soloman, LEAG Report.

Members of the SRFB include: James Peters (Olympia), Brenda McMurray (Yakima), Tim Smith (Designee, Department of Fish and Wildlife, Craig Partridge (Designee, Department of Natural Resources), (Ed Manary (Designee, Conservation Commission) Dick Wallace. (Designee, Department of Ecology. Jim Fox, Special Assistant to the Director of Office of the Interagency Committee presented the draft, " A Guide to Lead Entity Strategy Development."