08/16/1976 Meeting - Laserfiche WebLink

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Councilman Haws asked if there was any citizen concern that something like this was needed with regard to Planning Commission, Human Rights Commissions, etc. ta Mr. Wolfe was unaware of any difficulty in that area, but he felt if there was trouble with issues like the Trojan plant, the same thing could ahppen with the commissions mentioned. Councilman Keller asked Mr. Wolfe how the proposed Public Education section coold have changed the decision on the EWEB issue ~hen four Board members were involved in a suit stemming from the Board's publication of promotional literature OD the Trojan plant). Mr. Wolfe thought a legally precise document would have been required, presenting a balanced statement to the public. He thought in actuality deception was involved to a certain degree. Mayor Anderson wondered how the test of "biased" and "unbiased" information would be met. He thought any governmental agency would run the risk of being biased on practically any constructive program it attempted to promote, and that a "morass of litigation" would be the result under the proposed charter section. But Mr. Wolfe felt that although there are no absolute definitions of "biased" and "unbiased" there would be certain "blatant" cases where unbalanced and biased information would be distributed - only one side of an argument presented. The Mayor thought as 10ng as open forums are maintained, it would be very unlikely that biased information would be the only information presented. Mr. Wolfe answered that it then would come back to the role of government and its relation- ship or degree of credibility with the public. Something like this section would tend to stabilize what is happening, even with stability of government itself, he said. Councilman Williams shared Mr. Wolfe's concerns. However, he said, given the fact it that no one knows precisly how this provision would function or if it would, ex- perimental provisions should not be included in the charter. Rather, it should be in ordinance form if found necessary. Councilman Murray agreed. He thought it might be applying a little broader principle than should be. Issues decided by the Council or by EWEB, he said, are.done through public awareness in some way. But with regard to the more specific charge - use of public funds in a campaign issue - Mr. Murray said he thought that was a misuse of public funds. Mayor Anderson said that was a different issue than what was proposed in this charter amendment. Councilwoman Beal commented that by previous action the Council had freed EWEB from any city authority except the "small clause" on water extension, so there was no way the Council could dictate EWEB's behavior. Attorney Etter said the Council does have the right to make statements with regard to what EWEB does. However, that falls within the political realm, rather than the legal. Mrs.Beal replied that at the time EWEB was taking action on the nuclear plant, she didn't think anything the Council might have said or done would have influenced the Board inthe slightest. Councilwoman Shirey asked about the very definite rules governing the Council in the budget process and how that rule would apply here. Manager answered that that process comes under state law. Stan Long noted that there exist very clear and detailed statutes covering all 10cal governments as to how finances are handled, budgets, what money is spent for, etc. Courts have held, he said, that emotional appeals or one-sided arguments constitute unauthorized expenditure of public funds. - Discussion continued with regard to relationship of the Council to EWEB and am- biguity of the proposed section. Mrs. Beal thought there was room for such a requirement, especially a general provision attached to all boards and commissions. I 8/16/76 - 5 'i~o