HomeMy WebLinkAbout07/27/1999 Special Meeting 4 8
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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
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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.
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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/
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C• NCIL MEMBER DATE I
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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.
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