In a Sept. 25 editorial, the Port Townsend Leader objected that the County Commissioners held an executive session during their Sept. 23 public meeting.

The executive session was to discuss with county prosecutors a case before the Growth Management Hearings Board, by which the Growth Board struck down two county ordinances regulating commercial shooting facilities in unincorporated Jefferson County, setting a March 2, 2020 date for the county to show the Growth Board that we are in compliance.

Your County Commissioners strongly support and actively work to comply with Washington’s Open Public Meetings Act (OPMA). They video and live stream commissioner meetings - even though that’s not required – simply to increase transparency and improve public access.

The Leader’s editorial acknowledges, “allowing local government, when engaged in litigation, to develop strategy without tipping its hand to courtroom opponents is sensible...”

The OPMA explicitly allows executive sessions, “to discuss with legal counsel…litigation…when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency.” [RCW 42.30.110(1)(i)]

Jefferson County faces two actual litigations about its commercial shooting facility ordinances.  The first case with the Tarboo Ridge Coalition is before the Growth Management Hearings Board. The Growth Board adjudicates compliance with the state’s Growth Management Act, and its findings can have significant financial consequences to local governments. This past week, the prosecutor filed a motion for reconsideration, and actions of the Growth Board are appealable by either party.

The Title 8 ordinance adjudicated by the Growth Board is also subject to separate litigation by the Fort Discovery Corporation et al. That case was heard in Superior Court, which decided in the county’s favor, and is currently on appeal by FDC. This is the second actual litigation the county faces, and any change to the Title 8 ordinance to comply with the Growth Board’s decision will affect the status of the appeal by FDC on the second case.

Coming out of executive session, the County Commissioners referred both ordinances for review by the Planning Commission. Any proposals they may consider to amend the ordinances will undergo a robust and transparent public hearing process, before possible County Commissioner adoption.

Conferring with legal counsel in executive session on September 23, so the county can successfully navigate two legal cases and preserve important public regulations was a sensible and necessary step, expressly authorized by the Open Public Meetings Act.

Philip Morley
Jefferson County Administrator