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Labor Relations Forum Yields Advice and Caution
Submitted by Commissioner Laura Merrill, Pend Oreille County
I recently attended the Labor Relations Forum held in Olympia, co-sponsored by the Washington State Association of Counties and the Association of Washington Cities. I gained insights into dealing with labor negotiations and determining the role of the elected official in those negotiations.
One of the presenters, Rod Younker with Summit Law Group, clearly laid out the responsibilities, parameters and expectations when entering into negotiations. Personnel issues are in the "grey zone" when it comes to Commissioners or Councilmembers because it depends on the executive, or administrative role you play. Some counties have an elected or appointed County Executive who handles that personnel role, while many of us have both the legislative and executive responsibility. No matter what you choose, there are parameters that need to be set early:
- Will you participate in the negotiations or have a third party represent you?
- What policies are in place for the negotiator?
- How will you clearly communicate your parameters to your negotiator?
- Do you understand the authority your negotiator has?
- How will you communicate with your team and keep things confidential?
- Will you have a management team assist the negotiator?
- Have you prepared a "script" for media questions?
When deciding if you will negotiate personally, consider these thoughts: the perception of personalization of policy level decisions that you have been involved in; personally presenting the "bad news" or real time scenario; being the one in the media spotlight; maintaining a unified, single message; and avoiding an "end-around" ploy to other board members.
I also learned that there is a clear expectation by the Union, the represented employees and even PERC (Public Employee Relations Commission) that the management side of the negotiations has the authority to stand behind the tentative agreements reached during bargaining, but the labor side does not. They have the right to take the tentative agreement to a vote of the members.
There are key items you should be careful of when negotiating to avoid an unfair labor practice (ULP) complaint. There are no "sliding rules"; you cannot bargain directly with employees; avoid informational statements to the media and don't debate in public; don't state you don't have the authority; and if you vote against a tentative agreement once reached, you'd best have a clear, stated reason why something has changed or you will most likely end up with a ULP complaint filed.
I would recommend these types of training opportunities, as I always learn something important!
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| Counties Invited to Floodplains Insurance and Endangered Species Act Alignment Workshop |
March 1 and 2, Edmonds Conference Center
Guest Article by the National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Northwest Region Floodplains are a vital part of Puget Sound. They support a variety of ecological processes that are essential to rebuilding the Sound's health and productivity, such as storing nutrients, providing rich and complex habitats for multiple species, and serving as important feeding grounds and refugia for migrating salmon. Protecting and restoring floodplains are essential to the health of Puget Sound and will be the focus of regional efforts to restore the Sound. In doing so, there will be considerable controversy about the types of development that occur in floodplains and what types should be encouraged by the National Flood Insurance Program run by FEMA. NOAA Fisheries recently concluded under the Endangered Species Act that the existing Federal flood insurance program stimulates significant development in floodplains and, if left unchanged, will jeopardize efforts to rebuild Puget Sound salmon runs. To better protect these important floodplains, NOAA Fisheries has been working closely with FEMA to identify changes to the program. Implementation of these changes is scheduled to begin this fall. On March 1, 2011, NOAA Fisheries, the Puget Sound Partnership and FEMA, with the support of WSAC and the Association of Washington Cities, will host a two-day conference to explore the relationship between floodplain development, salmon recovery and ecosystem health, and the continued availability of Federal flood insurance from FEMA. The purpose of this conference is to decode the evolving terms and conditions of the National Flood Insurance Program, and the modifications required for continued local government participation. The first day of the workshop is geared for elected officials. Local governments will play an important role in the future of floodplains: folding salmon stewardship into land-use decisions by ensuring land-use regulations protect floodplain habitat will, in fact, reduce property damage and help promote fish recovery. Over a hundred local jurisdictions throughout Puget Sound share the goal of recovering the region's iconic fish. The challenge of how to demystify ESA compliance and floodplain management is formidable and will be the focus of this conference.
Please join the organizations on March 1 and 2, 2011 to help the government meet the challenges before us. |
| Shorelines Management Act Amendments Go Into Effect March 14 |
On Feb. 11, 2011, Ecology adopted amendments to five Shoreline Management Act rules and filed them with the state Code Revisers Office. This is the culmination of several years of hard work on the part of the Shellfish Aquaculture Regulatory Committee and other stakeholders. Their contribution was significant and greatly appreciated.
The effective date of the rule amendments is March 14, 2011. However, it's important for the public and local governments to know that the geoduck provisions and certain housekeeping rule amendments apply to private entities only after a shoreline master program is locally updated and adopted after March 14, 2011. Summary of key rule amendments
- Housekeeping changes are made to better align the rules with current state statutes. These changes are related to the Growth Management Act and critical areas ordinances, and other statutes.
- Changes to WAC 173-26-201(1) are made that define when and under what circumstances a limited (non-comprehensive) amendment to a local shoreline master program is allowed.
- New provisions are included related to commercial geoduck aquaculture that:
- Require local governments to better review water quality, contaminated sediment and other shellfish-related data and information during local shoreline master program updates.
- Underscore existing requirements for local governments to have shoreline master program policies, regulations and standards that address aquaculture.
- Require a conditional use permit for all new commercial geoduck aquaculture and guide the administration and content of these permits.
- Outline requirements for local applications for commercial geoduck aquaculture projects.
- Describe other requirements for reviewing and permitting new commercial geoduck aquaculture projects. These include the requirement for following the existing mitigation sequence in WAC 173-26-201(2)(e) for avoiding or mitigating environmental impacts. This also includes requirements to address impacts from noise, lights, vehicles, gear, and other aspects of commercial geoduck siting and operations.
- Ensure that local governments notify the public and tribes regarding proposed commercial geoduck aquaculture projects.
Resources:Rule adoption notice Concise Explanatory Statement (response to comments) All shoreline rule documentsStaff contact: Cedar Bouta (360) 404-6406 |
| Arid Lands Initiative Seeks Eastern WA County Representation | |
The Nature Conservancy, interested stakeholders, tribes, and several state and federal agency landowners have been working on a Conservation Assessment for arid lands loacted throughout eastern Washington. The group seeks county involvement to provide local government perspectives related to developing strategies for arid lands conservation.
The representative(s) can be either an elected county Commissioner or a lead staff member.
There will be approximately one monthly meeting over the next few months; meetings are usually held in Ellensburg.
Due to the need for immediate representation, applications are due March 2. The WSAC Executive Committee will make the appointment(s) soon after.
Resources:
Washington Arid Lands Initiative Vision
Apply for appointment request
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| NACo Voices Federal Budget Deficit Concerns | |
On February 3, the National Association of Counties' (NACo) sent letters to President Obama and Congressional leaders voicing deep concern that federal budget deficit reduction talks will focus too much on reductions to domestic, discretionary spending programs that will affect the American people.
The letters outline four key points counties are urging the president and Congress to consider while addressing the deficit:
- The budget deficit cannot be resolved by only cutting domestic, non-military discretionary programs;
- Federal assistance to state and local governments will help mitigate further layoffs;
- Federal investment in state and local infrastructure produces private sector jobs; and
- Deficit reduction should not be accomplished by shifting costs to counties, imposing unfunded mandates, or pre-empting county programs or taxing authority.
"When a recession occurs or the economy falters and there is high unemployment, services at the county level are needed most," wrote NACo President Glen Whitley and Executive Director Larry Naake. "Historically, there is a greater need for social services, health care, counseling, job training and local economic development during times like we are facing now. Domestic, discretionary programs are critical to the ability of counties to carry out their responsibilities as service providers for both the federal and state governments."
In the letters, NACo reiterated its bedrock position that county governments are partners with the Congress, states and the federal government in providing important programs and services to the American people. The association supports maintaining federal financial assistance for county programs at the 2010 fiscal year levels.
"We are working hard, making significant cuts, instituting reforms, and being creative in facing the worst fiscal crisis since the Great Depression," Whitley and Naake wrote. "Counties will participate in addressing the challenges our nation is facing and expect the federal government and Congress to do the same without drastically hurting the people we all serve."
Whitley, County Judge, Tarrant County, Texas, said he will bring forward a NACo policy resolution calling for Congress to consider "alternatives to control the rising budget deficit" during NACo's Legislative Conference, March 5-9 in Washington, D.C. NACo's Board of Directors is expected to adopt the policy resolution on Monday, March 7.
Resources:
Text of letters sent to President, Congress |
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| Featured Event |
Briefing and Discussion of HB 1886/SB 5713 Implementing Recommendations of the Ruckelshaus Center Process
Wednesday, March 2
5:30 - 7:30 pm
Washington Counties Building, Olympia
For WSAC Legislative Steering Committee Members and Interested Parties
Invited Presenters:
Len Barson, The Nature Conservancy, Environmental Caucus Coordinator
John Stuhlmiller, Washington State Farm Bureau, Agricultural Caucus
David Troutt, Nisqually Indian Tribe
Ron Schultz, Washington State Conservation Commission
RSVP
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| Member Notes | |
The WSAC Executive Committee has appointed Commissioner Jim DeTro, Okanogan County, to the Noxious Weed Control Board.
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WSAC President John Koster has appointed eight WSAC members to the WSU Extension Restructuring and Refinement Task Force:
Marc Boldt, Clark County Commissioner
Tim Farrell, Pierce County Council Member
Keith Goehner, Chelan County Commissioner
John Hankey, Pend Oreille County Commissioner
Bill Knutzen, Whatcom County Council Member
Lisa Marsyla, Wahkiakum County Commissioner
Mark Richard, Spokane County Commissioner
Ron Wesen, Skagit County Commissioner
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| | | New WSAC Website | |
WSAC will debut a new website in early March, with improved nagivation and functionality to help you find the information you need more easily.
The web address will stay the same.
We will make refinements and additions based on member feedback, so please let us know how we can continue to make this communications tool better for you. |
| NACo News | |
NACo's Legislative Conference is next week, March 5-9, in Washington D.C. and a contingent of Washington counties will be in attendance. U.S. Attorney General Eric Holder is the latest speaker to be announced.
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Prepare now for National County Government Month, April 2011. This year's theme is "Serving Our Veterans, Armed Forces and Their Families." NACo offers a handbook and materials, and this year begins a new award for participating counties.
If you plan to participate, contact WSAC for additional promotional opportunities.
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NACo is now accepting applications for its annual County Courthouse Awards, which recognizes strong and effective leaders who have impvoed the lives of citizens in their communities.
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We welcome feedback on all WSAC products and services, including the Insider e-newsletter. If you have a comment or question please send us an email. |
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