The Whatcom Excavator
  • Home
    • About Us
    • Who's Planning Our Lives?
    • Diminishing Property Rights
    • NGO's & Public-Private Partners
    • Agenda 21
    • Buzzwords
    • Deep Thought
    • Best Available Science
    • Best Available Humor >
      • Humor Archive
  • The DREDGE
    • Gotta See This
    • How To Dredge
  • Bulldozed
    • Eco-Activism and County Policy
    • CELDF - "Democracy"
    • ALERT: Community Energy Challenge
  • Pig Trough
    • ReSources
    • Sustainable Connections
    • BALLE
    • ICLEI
    • Whatcom County Community Network
    • Big Wheels Award
  • Contact Us

Is Legislative Authority Transferable Between Branches?

2/3/2014

6 Comments

 
Picture

     We have a water controversy going on here in Whatcom County. It should be resolved through the local watershed Planning Unit, which allows concerned parties to thrash it out fairly and in the light of day. However, sensing power (or the possible loss of it), rogue government players have been scrambling for position outside of legally prescribed mechanisms to monopolize water resources.

WE're sure these planners would love to implement all those grand schemes they learned about in poli-sci planning school -- but for one important detail: a free society doesn't work that way. In America, government is empowered by the citizens, and not the reverse!

For example, listen to this. That's right, it's Jack Louws asserting at a State Auditor's Office (SAO) audit exit interview on Jan 30 that Whatcom County Council granted him "legislative authority" through an inter-local agreement, to "make decisions" and act without taking policy direction or being accountable to council. Wha... wha... what?! WE were always taught that such "powers" were not transferable between the branches of government.  If they were, what would checks & balances and the separation of powers even mean? It trashes our bicameral home rule Charter.

WE have said this before: we have a runaway executive department. Is the council even aware of it? Are they okay with that? Do these people know what the powers of the government branches actually are?

The executive grudgingly acknowledged that his "legislative" actions must be open, but wants self-selected administrative "staff teams" to meet to plan on their own, as secretly as they'd like, beyond the constraints of the Open Public Meetings Act so only a few can manage water issues beyond public scrutiny. It’s chilling to see how far the five party* "Joint Administrative Board" junta (which claims to be operating under RCW 90.82) has strayed, contemptuously, away from the heart and purpose of the state Watershed Planning Act, which says, 


90.82.005
Purpose.


The purpose of this chapter is to develop a more thorough and cooperative method of determining what the current water resource situation is in each water resource inventory area of the state and to provide local citizens with the maximum possible input concerning their goals and objectives for water resource management and development.

It is necessary for the legislature to establish processes and policies that will result in providing state agencies with more specific guidance to manage the water resources of the state consistent with current law and direction provided by local entities and citizens through the process established in accordance with this chapter.
[1997 c 442 § 101.]

90.82.010
Finding.

The legislature finds that the local development of watershed plans for managing water resources and for protecting existing water rights is vital to both state and local interests. The local development of these plans serves vital local interests by placing it in the hands of people: Who have the greatest knowledge of both the resources and the aspirations of those who live and work in the watershed; and who have the greatest stake in the proper, long-term management of the resources. The development of such plans serves the state's vital interests by ensuring that the state's water resources are used wisely, by protecting existing water rights, by protecting instream flows for fish, and by providing for the economic well-being of the state's citizenry and communities. Therefore, the legislature believes it necessary for units of local government throughout the state to engage in the orderly development of these watershed plans.
[1997 c 442 § 102.]
(emphasis ours)

Anybody listening to what executive Louws and his staff teams say can’t believe they hold any of these principles in any regard whatsoever. They appear to be operating under the principle that it's easier to get forgiveness than permission. That's certainly true if the citizens let them get away with it. Are we going to let them get away with it?!

*The five big dogs on the "joint administrative board" who claim to manage the whole watershed are Merle Jefferson (Lummi tribe), Bob Kelly (Nooksack tribe), Steve Jilk (PUD #1), Kelli Linville (City of Bellingham), and Jack Louws (county executive).  Everybody else including council, outta the way.

Update: WE have added another audio clip from the same meeting with the reference to "legislative authority". Executive Louws very deliberately used this phrase twice, so WE believe it was no slip of the tongue. It was more likely very carefully chosen; scripted even.  If his words were ill-chosen, then that needs to be corrected ostentatiously. Because the overreach implied by those words is quite a corruption of well established government principles.
6 Comments
Sam Crawford
2/4/2014 10:54:05 am

Based on what you've shared here, I'll agree to the extent I think Executive Louws mis-spoke. He should not have said "legislative authority" - at least to my understanding of the term "legislative". The rest of the conversation sounds like he's trying to clarify the point that the Interlocal authorizes his spending authority, which it clearly does (http://wria1project.whatcomcounty.org/uploads/PDF/Interlocal.pdf). Or was there more to this discussion that is not on the audio in which he asserts a law-making, ordinance-passing, policy-setting authority?

Reply
Sam Crawford
2/5/2014 02:18:34 pm

After hearing the updated and added audio, I think Executive Louws:

a): misuses the term "legislative authority", or at least redefines the term for the purpose of his clarifying question/comments

b): is clarifying (asking) the state auditor - in the context that he has received (a limited) spending authority from the legislative body - whether meetings entailing discussions and decisions implementing those expenditures are subject to the Open Public Meetings act

c): has no intention (and no legal standing to do so) of asserting "legislative authority" in the context I stated earlier: "a law-making, ordinance-passing, policy-setting authority".

Of course, that's my interpretation based on the audio clips provided, and based on "knowing Jack" politically and professionally.

Reply
WE Editors link
2/5/2014 02:33:59 pm

Sam, WE updated the article with a second sound clip, in which Executive Louws uses the same phraseology. It doesn't sound like he mis-spoke. It sounds very deliberate.

Reply
Comrade X
2/7/2014 05:47:35 am

"Single acts of tyranny may be ascribed to the accidental opinion of a day; but a series of oppressions, begun at a distinguished period, and pursued unalterably through every change of ministers, too plainly prove a deliberate, systematical plan of reducing us to slavery....

Thomas Jefferson

Reply
Karl Uppiano link
2/8/2014 02:22:14 am

Sam, if what you say is true, then we have an auditor who doesn’t understand the concepts, or we have an executive who doesn’t understand the concepts; or one or both of them /do/ understand the concepts, and they’re trying to get away with something. No way is this a GoodThing™. Either some education is in order, or the subterfuge needs to be exposed.

The definition of "kakistocracy" is government by the least principled or least qualified citizens. Malice is not required for government to go bad, but it sure helps.

It isn't in my nature to be wantonly disrespectful of anyone, but I really think this needs to be addressed.

Reply
Sam Crawford
2/9/2014 09:26:08 am

Yes Karl, sounds to me like the Executive was gaining an "understanding of the concepts" by verifying the application of open public meetings doctrine. As far as I know, the Executive inherited an administration already engaged as the IJT for many years along with accepted methods of conducting IJT meetings, and now this has been addressed by the State Auditor. Perhaps these audio clips are the "education is in order" process you referred to. Disclaimer: I'm still responding to the 2 audio clips only, I was not at the meeting.

Reply

Your comment will be posted after it is approved.


Leave a Reply.

    WE Dredge!
    Picture
    Posting Rules:
    This forum is moderated.  Please make an effort to substantiate claims that support opinion.  Gratuitous profanity and ad-hominem attacks will not be accepted.  You can create a "nickname" if you'd like, and you don't have to reveal your e-mail address.   Feel free to share information and your honest thoughts.

    Categories

    All
    Agenda 21
    Best Available Science
    Big Government
    Eco Activism
    Ethics
    Freedom
    Planning
    Property Rights
    Science
    Small Business
    Social Engineering
    Taxes
    Welcome

    Archives

    January 2022
    September 2020
    August 2020
    April 2020
    November 2019
    August 2019
    September 2018
    July 2018
    May 2018
    April 2018
    January 2018
    December 2017
    September 2017
    July 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    June 2015
    March 2015
    January 2015
    December 2014
    November 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014
    February 2014
    January 2014
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013
    July 2013
    June 2013
    May 2013
    April 2013
    March 2013
    February 2013
    January 2013
    December 2012
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    June 2012
    May 2012
    April 2012
    March 2012
    February 2012
    January 2012
    December 2011
    November 2011
    October 2011
    September 2011
    August 2011
    July 2011
    June 2011


    Automatic Updates

    Do you want to be notified when new content is added to this newsfeed? Most browsers allow you to subscribe to our Really Simple Syndication (RSS) feed. Click on the RSS link below, and follow the instructions.

    RSS Feed

Powered by Create your own unique website with customizable templates.