Transcription: Mayoral Directions to Donna Murphy following the September 21, 2004 Boycotted Planning Commission Meeting

Tolson There is also clarification that the absences are not excusable, of those that are not here. Mr. Dalmasso was not empowered to -- As this is not a meeting now, this meeting is over, I can talk freely -- but as far as what was being stated in his letter [i.e., an email; see text below], there needs to be a memorandum back to him stating that he was not empowered to….dismiss this meeting. And that, according to legal counsel, that should not have happened. And also according to legal counsel, their absences are not excused.

Murphy Are you directing that me? So you want me to write that letter?

Tolson As the mayor to Donna Murphy, city employee, [unintelligible] by Bart Dalmasso….

Murphy Okay.

Tolson Because he was not empowered, even as the Chair pro-tem, he did not have authority to declare this meeting -- I don't know what you would call it -- [unintelligible] -- ?

Male Cancelled.

Tolson Cancelled, okay -- nor did he have the authority to excuse the absences therewith. That, on advice from counsel. And that's as much as I can say at this time.

Fallgatter Ben, I have another question that -- I'll ask it and you can answer it or not answer it --

Tolson Sure.

Fallgatter As far as having six members, if we know one of them is going to be gone for at least two months, what constitutes our quorum, then?

Tolson Three. If you have an excused absence, the majority of attendees would be a quorum. If you have an excused, prolonged absence, the majority of your -- the [unintelligible] of which is now five -- three would constitute a quorum.

Fallgatter Because when we conduct our business, that's how [unintelligible] it works. Okay.

PC CHAIR PRO-TEM BART DALMASSO'S EMAIL:

September 17, 2004

Mayor Ben Tolson
Mr. Rick Cisar, City Administrator
MS. Donna Murphy, Planning Commission Secretary
City Council Members
Planning Commission Members

Dear Mayor and others,

This is to inform each of you that the Planning Commission meeting scheduled for Tuesday September 21, 2004 has been canceled. The reason is a lack of a QUORUM. Mr. Tom Green is out of town on vacation, for two months.

Due to the actions of Josie Fallgatter and Jeff Kirkman in filing an action against the City of Sultan, A MAJORITY OF THE REMAINING PLANNING COMMISSIONERS HAS DECIDED [question: how does a majority decide if they do not meet via e-mail, in person or by telephone?] to boycott at least the next Planning Commission meeting. As chair Pro-tem, I have excused all from attending this meeting. It is the consensus of the three of us that neither Josie nor Jeff can fulfill their duties as Planning Commissioners as their actions are clearly in conflict with the position of a Planning Commissioner. Their actions in my eye appear to constitute either or both misfeasance or malfeasance of their duties as a Planning Commissioner. I urge you, Mr. Mayor to consider removing them from the Planning Commission as a result of this injurious and costly act.

Sincerely

Bart Dalmasso

Planning Commission Chairman Pro-Tem