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Rosenfeld: (Sutton) may have done something incorrectly
No action necessary
posted 06/25/2008
After meeting in an executive session with San Juan Ferry Advisory Committee(FAC) Chair Ed Sutton to discuss the incident where Sutton according to WSF documents violated state law and took cuts in line to board the Elwha, San Juan County Chair Howie Rosenfeld was satisfied no action was necessary by the county council.
"We held an executive session, we were concerned about reports. We're concerned about the image of the FAC. With all the different stories, there appears to be a misunderstanding. There is reasonable doubt. Ed may have done something incorrectly, he may not. He did as he was told. We don't think there is enough there to take action."
According to Washington State Ferries he disregarded directions of terminal employees, the vessel Master and the crew.
Asked who the council spoke to in their investigation of the incident, Rosenfeld said, he couldn't answer the question because it involved an executive session. It turns out the council spoke only to Sutton.
Asked about Sutton's own written comment in email to WSF staff, saying "In hindsight, I should have driven down to the lower office and had Marilyn set me up in the 'medical line'." Rosenfeld explained, Sutton meant he knows the terminal agent sets aside two spaces in case they are needed for medical priorities and he could have used one of those. "We're glad he didn't do that. It would have made the situation worse," Rosenfeld said.
FAC Chair takes cut in ferry line
posted 06/17/2008
Ed Sutton, chair of the San Juan Ferry Advisory Committee, arrived at the Orcas ferry landing on May 20 and discovered he was on overload for the Elwha ferry. He "disregarded direction by both terminal and vessel employees" and ended up taking the ferry to Anacortes. His verbal explanation in a phone interview and his email explanation to WSF staff don't line up any better than he did.
According to Orcas ferry terminal manager Margaret Russell, "Sutton said he had to be at a ferry advisory meeting and demanded to get on. (An employee) put him at the end of a lane that was going to be boarded. Why on earth I don't know. I pulled him out of line as the vehicles boarded. I told him he could try Lopez. He whipped straight on and must have convinced the deck crew to let him park in the upper wing."
(The) loader told them twice he (Sutton) was getting off on Lopez. (I) called the captain on 79 but he said he would need to clear it with ops because it would make them late to get him off. Several people with better reasons than that backed on for Lopez. I called Lopez and informed them of the problem."
Sutton did not get off the boat with the Lopez traffic. In a phone conversation he said, "Troy directed me up the ramp. Now I'm stuck there is no easy way to get me out of there. I only did what I was instructed to do."
The Elwha Master reported Sutton disregarded directions from the vessel employees.
When contacted by WSF North Regional Operations Manager Sutton replied by email: I arrived at the Orcas terminal at 0600 this morning on my way to VERY important meetings at Colman Dock with the FAC Ex (executive) Council at 10am and the Transportation Commission after that. The meetings were dealing with all of the LOS (level of service) operational studies and pricing strategies being considered for the future.
Laurel, Margaret's employee in the upper lot said at that time that I was on standby. I said, "Oh Shit, I have to get to these meetings in Seattle." She said to get at the end of lane two. In hindsight, I should have driven down to the lower office and had Marilyn set me up in the "medical line."
Evidently, someone complained to Margaret who flagged me at the bottom during loading and said I should try to go by way of Lopez instead. After the Anacortes cars loaded, Marilyn directed me onto the boat with the Lopez traffic.
Here's the deal!!!!!!!! I am representing my community as a volunteer at these meetings, unpaid, and not even able to be reimbursed for out-of-pocket expenses. If someone wants to take my place, have them speak up. I NEVER take advantage of my position with the FAC when I am on my own business. Margaret wimped out on me this morning. I wonder if whe recalls who backed her up on the motorcycle debacle and the numerous Dwight Lewis episodes.
If anyone cares to call me and discuss this, my cell phone number is ..., I have nothing to be apologetic about. We need to have an understanding about such situations so that, in the future, FAC "staff" can participate without having to incur even more personal costs by having to stay overnight in order to get to a meeting on time.
MacLeod removed from ferry advisory committee;
Sutton reprimanded
By Sharon Kivisto
updated 01/29/2008 - posted 01/28/2008
Two weeks after holding an illegal meeting, San Juan County Ferry Advisory Committee Chair Alex MacLeod was removed from the committee. The county Council voted 4-1 (Council Bob Myhr was absent) to remove the Shaw Island resident from the volunteer position. By a unanimous vote, Orcas Island resident Ed Sutton will remain on the committee but will be sent a letter of reprimand.
The two men attended an executive session of the council to discuss the charges brought against them. Normally executive sessions are held behind closed doors. Both men asked for them to be held in public. MacLeod interrupted Sutton's session and repeatedly asked what right the council had to hold the hearing. He was told he was out of order.
Councilmember Gene Knapp said, "Forgetting to publish notice of one meeting is not the reason we are here. That was the tip of the iceberg." Among the reasons he listed were: holding three other meetings without notifying the public; meeting by email; referring to Washington State Ferries staff as "dumb" and "inept" in a Seattle Times editorial; defying an order of the county council; taking action after saying the committee won't take action.
At the beginning of the executive sessions the councilmembers expressed appreciation for the hours of volunteer service both have contributed to the county. They also expressed concerns about the negative impact of the strained relationships created by the FAC with the state government, Washington State Ferries, the Anacortes government, and others.
"Four of us have heard directly from multiples of people at all of these levels,"SJC Council Chair Howie Rosenfeld said, "Does it do San Juan County any good if the FAC leader is regarded at state level as hostile and belligerent?"
MacLeod said, "I don't know how to answer that."
MacLeod was asked by Knapp if it was true as asserted in the San Juan Islander editorial that the FAC met by email.
MacLeod said he had given copies of 272 emails sent to the entire committee to San Juan Islander. He said, "I don't know if it qualifies (as a meeting)," he said.
(Editor's note: The request was made for the emails after we received a tip the FAC was meeting by email. We asked for copies of email from January to April 2007). Under the county rules, FAC meetings are to be well advertised in advance and the public is to be encouraged to attend.
Asked if the committee met three times in 2007 without giving public notice as is stated in the editorial, MacLeod said, "I don't recollect."
At the beginning of the executive session he said, "Failing to provide public notice to a meeting is something that happens. Should we make a federal case out of it? No."
The January 14, 2007 meeting which he forgot to advertise at first appeared to have been put together at the last minute. During the executive session, it was brought up that FAC member John Whetten, who spends three months at his winter home, flew in for the meeting. He flies in for the WRIAA meetings and the FAC meeting had been scheduled around his timetable.
At the beginning of his session, MacLeod questioned the council's right to hold the session, the legality of the session, whether it was properly advertised and said he was "putting you on notice." Instead of using his opening statement to respond to the list of charges he lectured the council on ferry issues and how the councilmembers came up short.
Councilmember Kevin Ranker corrected him when MacLeod said the funds for the new ferries were being used instead for operating the Port Townsend passenger ferry. "That is not correct," Ranker said.
Several times during the session, MacLeod made comparisons to the leadership of Port Townsend who successfully defied the ferry system and the San Juan County Council. Knapp said, "You've used Port Townsend as the model for how to get things done. They don't have any ferry system at this point."
"No they don't, but they avoided a large ferry dock in downtown and a 144-car ferry unloading." MacLeod said.
The current dock will not accommodate most of the ferries in the WSF fleet. Since the steel-electrics are out of service, Port Townsend has been left without vehicle-ferry service. WSF's plans to build a new dock were put on hold after the public protest referred to by MacLeod. The protest came after a series of public meetings had been held.
Several times MacLeod was asked to answer the questions directly without long lectures to the council. At the end of the session, he said, "The reason I took my time is not to respond directly to these charges and complaints but to lay out the risks that exist... I apologize for the fact that we continued the (Jan. 14) meeting, for the fact I forgot to post the meeting and for whatever role I played in causing the council to think this is a good use of their time."
When voting to oust MacLeoad, San Juan County Council Chair Howie Rosenfeld said he had first tried to find a way to keep him but was unsuccessful. "He has been hostile and belligerent to a lot of people. He expressed no remorse and no regret. He only apologized for the meeting continuing. I don't see where there is any choice in the matter."
Councilmember Alan Lichter, who voted against the motion to remove MacLeod, said, "It is a huge mistake. You will be losing one of the two most knowledgeable people on ferries in the Puget Sound area."
While MacLeod was removed from the committee, Sutton was kept on but will receive a letter of reprimand.
Councilmember Rich Peterson said, "Ed did damage to county with his activities." He made a motion to place him on probation which he later amended to a letter of reprimand.
Knapp said, "I think the council has to recognize the council has some responsibility too. We need to redo the ferry advisory ordinance." Training in rules and procedures for all county advisory committees has been discussed by the council.
During his testimony Sutton was asked about several of his emails published in San Juan Islander. Ranker said,"Of concern to me was a formal request to you to provide us with a copy (of a proposed schedule). It is very clear your sentiment you didn't want to give it to us." Sutton had told the council WSF didn't want it released, WSF told Ranker it was fine with them and they'd welcome the council's input.
Sutton said, "I don't remember any of it. I remember Sharon's (Kivisto) original request (for the draft copy of the schedule). Beyond that I don't remember."
Knapp asked if proposed schedule changes had ever been forwarded to the county council as required under county code. Sutton said he didn't think so.
Peterson said the county code states "such meetings will be well advertised in advance. Do you think that is appropriate?"
Sutton said, "I have always been for public participation." When the Jan. 14 meeting continued after the council told MacLeod to stop the meeting because it hadn't been advertised, Sutton said. "When Sharon came in the room, I thought 'Oh good, we have a media representative. So we have a public conduit. The meeting can go on."
He said. "In my view the failure to advertise was an innocent mistake. As an FAC we are used to meeting quite informally."
Asked how things should change he said, "If we were to go forward,
as a member of considerably long-standing,
I think it would help to have an immediate definition of roles.
I am most comfortable reporting to you. It has always been sort of an odd relationship we've had.
It is imperative we work constructively.
I don't want to get in the way of that."
Rosenfeld said, "Your expressed congeniality runs counter to your emails."
Sutton said, "I would like to speak to the public. I considered the emails a personal communication.
Whatever the message, you don't expect it shared with the planet. I apologize to the public. It shouldn't have been necessary for my neighbors to read that. I am concerned about the reactions of my wife and daughter-in-law.
I feel badly the community had to read that. I feel badly in that regard. I apologize to the council in that regard. I apologize personally to Mr. Ranker. It was terribly insensitive. It
definitely wouldn't happen again.
The deliberations were held in public but Sutton and MacLeod were not in attendance.
Ferry Advisory Committee holds illegal meeting
Asking WSF to draft spring schedule with no Sidney service
posted 01/15/2008
San Juan Ferry Advisory Committee met Monday, Jan. 14 without posting any public notice. SJC FAC Chair Alex MacLeod had been told last year the meetings must be advertised so the public and the press have a chance to attend. When told by San Juan County Council Chair Howard Rosenfeld the meeting would have to be rescheduled, MacLeod refused to stop the meeting.
Rosenfeld returned to the council staff meeting and asked, "What do you do if the committee refuses to stop meeting?"
Councilmember Alan Lichter said, "It's prudent to let this go." He suggested Rosenfeld send a letter stating what needs to be done in the future."
Councilmember Kevin Ranker said, "I'm frustrated we are in this situation."
"Let's give them a bye on this one," said Councilmember Rich Peterson. "This is not a legal meeting...If we push it, we'll blow it up bigger."
Ranker said, "It's not OK our chair went in there..."
Peterson said, "It's insubordination."
Ranker said, "How do you deal with that?"
Peterson said, "It's the tail wagging the dog."
The council agreed to let the committee continue the illegal meeting. Rosenfeld said the committee understood it was not a legal meeting and they agreed to just discuss things and not take any action.
In an interview on the inter island ferry after the meeting, MacLeod said the committee decided to ask Washington State Ferries to draft a spring schedule that will not include service to Sidney, British Columbia.
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