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HomeMy WebLinkAbout07/27/1999 Special Meeting 4 8 • CITY OF YAKIMA, WASHINGTON JULY 27, 1999 SPECIAL MEETING The City Council, met in special session on this date at 1:00 p.m., in the Council Chambers of City Hall, Yakima, Washington, Mayor John Puccinelli, presiding. Council Members Clarence Barnett, Henry Beauchamp, Lynn Buchanan, John Klingele, and Mary Place present on roll call. Council Member Bernard Sims was absent and excused. City Manager Zais, City Attorney Paolella, and City Clerk Roberts were also present. PRESENTATION OF LEGAL OPINION REGARDING CONSTITUTIONALITY OF THE RIGHT OF ENTRY REGULATIONS PROPOSED BY THE YAKIMA CLEAN AIR AUTHORITY Mayor' Puccinelli opened the special session of the Yakima City Council. This session was called for the City Council to make a statement regarding the Clean Air Authority's Power to Enter regulations. After leading the Pledge of Allegiance, Mayor Puccinelli read the following statement summarizing the City's concerns: "For the last six months the City of Yakima has expressed deep concern with, and strong opposition to, a number of rules and regulations proposed by the Yakima Regional Clean Air Authority (YRCAA). Perhaps the most alarming of these is the unconstitutional power to enter private property claimed in every draft rule published by the Yakima Clean Air Authority. We have [the City has] consistently, repeatedly, and as recently as July 15, urged the Clean Air Authority to recognize that their proposed regulations failed the Constitutional requirement that Government may not enter upon private property without consent or a warrant. Furthermore, the Clean Air Authority's proposed regulations ;would authorize prosecution of citizens who exercised their legal right to refuse entry without a warrant. These are overarching concerns; we are talking about fundamental rights guaranteed by the United States Constitution. We as elected officials have sworn an oath to uphold and support the United States Constitution." Council Member Barnett explained that in. an effort to convince the Clean Air Authority the course which should be followed, the City requested Mr. Stan Gorinson of Preston, Gates and Ellis in their Washington D.C. offices, to review and advise the Council regarding the power to enter claimed by the Clean Air Authority. Mr. Gorinson is a nationally recognized constitutional lawyer who has written extensively on this subject and has successfully defended constitutional rights before the United States Supreme Court. The purpose of this special meeting is to share Mr. Gorinson's opinion with the public and with all interested parties. Three major points that he brings out are clear. First, Yakima Clean Air Authority's Draft Regulation and the Washington statute on the matter are • unconstitutional. Both the Draft Regulation and the related 49 JULY 27, 1999 - SPECIAL MEETING Washington state law failed to uphold the Environmental Protection Agency's national policies regarding federal and state inspections and the power to enter. State and local officials who implement unconstitutional regulations could be personally liable for violating civil rights. This formidable, authoritative opinion confirms our [the City's] longstanding position on this matter. Staff members of the Legal Department were prepared to discuss this opinion in greater detail. Council Member Buchanan continued the statement by saying: "We [the. Yakima City Council] implore the Clean Air Authority to recognize the validity of Mr. Gorinson's reasoning and the soundness of his conclusions. We hope the Clean Air Authority will abandon the unconstitutional course, which has unnecessarily consumed so much effort and taxpayer expense." Failure to uphold the United States Constitution, as Mr. Gorinson has explained it, invites grave consequences including personal liability for Clean Air officials. It is time for the Yakima Clean Air Authority to do the right thing. Draft a power to enter regulation that recognizes, first, the fundamental Constitutional requirement that the government may not enter onto private property without consent or a warrant. Second, a regulation needs to be written that does not threaten to punish people who exercise their Constitutional right to require government to enter only by judicial warrant. Nothing is more sacred than protecting our fundamental Constitutional liberties. It was MOVED BY KLINGELE, SECONDED BY BARNETT, THAT THE LETTER FROM MR. GORINSON ADDRESSED TO THE YAKIMA CITY COUNCIL AND MAYOR AND CITY •MANAGER BE RELEASED TO THE PUBLIC AND THAT THE RESUME FURNISHED BY MR. GORINSON BE ALSO RELEASED TO THE PUBLIC. The motion carried by unanimous roll call vote; Sims absent. Mayor Puccinelli noted that the report will be released and then the Council invited questions from the audience. Members of the Council responded to several questions from the media concerning the EPA's directive to its inspectors to respect the right of property owners to refuse entry without a warrant. If consent is denied, inspectors are not to threaten the site owner with penalties for exercising their Fourth Amendment Rights. This directive has been issued continuously by the EPA. It appears that Region 10 (YRCAA) may not be following that policy and the YRCAA Draft Regulations are contrary to the EPA's policy. The Council urged local Clean Air I/ officials to discuss this matter with the EPA. Council Member Place pointed out that the Council does not disagree with the ultimate mission of the Clean Air Authority, to ensure clean air to breathe, but the Constitutional issues need to be addressed before local regulations are passed. It is quite clear that the EPA no longer endorses the unconstitutional right of entry regulations. Allowing this to go forward could hold local government officials liable and they could be sued for implementing an unconstitutional regulation and violating civil rights. 2 50 JULY 27, 1999 - SPECIAL MEETING In a separate question, members of the media pointed out that Community leaders say this has been on the books in this state since 1957, and it has never been an issue in the past; and asked why is it being brought up now, some 40 years later, and why is it such a big issue to the City. Mayor Puccinelli responded that back in the 1960's people were told to ride to the back of the bus because of the color of their skin. For hundreds of years that went on. Finally, somebody said enough is enough and it was found to be unconstitutional, which is where we're at today. Just because this has been going on for a number of years does not make it right, and this Council and the Mayors in this Valley have said enough is enough. So just because it's been on the books since 1957 doesn't mean that it needs to stay that way. Council Member Klingele reported that Senator Deccio has indicated that if there needs to be a change in state law, he'd be glad to initiate a change to that so that the City can comply with the latest rulings that comes down from the Supreme Court. Council Member Buchanan commended Council Member Barnett for his work on this issue for the past year, bringing this matter to the attention of lawmakers and trying to inform the public of the ways things are being done and the necessity to change. Since the Barlow's decision came down in 1978, this law has been on the books for quite a while. It is time it got brought out to the public and let them find out what rights they really have. Council Member Barnett invited additional questions after the media had an opportunity to review the opinion. As the final question during the Special Meeting, the media asked if this isn't the only thing that the City is concerned about regarding the draft Regulations from Clean Air; is it just a major point. Mayor Puccinelli stated anytime the Constitution of the United States is being violated, he thinks it is a very major point. That is a serious problem. Other things can be hammered out; but this one is not negotiable. ADJOURNMENT. It was MOVED BY KLINGELE, SECONDED BY BUCHANAN, TO ADJOURN AT 1:16 P.M. The motion carried by unanimous voi ote; Sims absent. cl READ AND CERTIFIED ACCURATE BY: � � � :� i/ • C• NCIL MEMBER DATE I i � . r9 OUNCIL MEMBER DATE ATTEST: CITY CLERK JOHN PUCCINELLI, MAYOR Minutes prepared by Deputy City Clerk Skovald. An audio and videotape of this meeting are available in the City Clerks Office. 3