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Commission pauses tribal trust land transfer amendment after prosecutor flags conflict; outside counsel, resolution steps requested
Summary
Commissioners were told the county prosecutor27s office has a conflict on the tribal trust land transfer amendment; members directed staff to consult outside counsel and clarified the resolution-and-auditor steps required to place an amendment on the ballot.
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On June 9, 2025, the Clallam County Charter Review Commission discussed a proposed amendment concerning tribal trust land transfers and paused further action after the county prosecutor27s office said it had a conflict advising the commission.
Commission staff read an email from the county prosecutor (received June 9) stating that the prosecutor27s office was conflicted on advising the commission about the coroner/trust issue and recommended consulting the county27s outside counsel. Commissioner Cameron and others agreed the commission should contact outside counsel (identified in the meeting as Duncan Fobbs/Fobes) to prepare the next drafting step.
Commissioners also discussed the administrative steps required to place a charter amendment on the ballot. Chair Fish and staff clarified that state law and county practice require the commission to adopt a resolution and submit the amendment language and copies to the county auditor; the auditor then forwards materials to the prosecutor27s office to prepare a ballot title and explanatory statement. Several commissioners expressed concern about who would draft the resolution and whether the commission itself should be involved in explanatory language; one commissioner cautioned that commission drafting of an explanatory statement could raise legal exposure.
Public commenters addressed the tribal trust land transfer proposal during public comment. Bonnie Bliss (Sequim) opposed the proposed amendment and urged commissioners to consider government-to-government relationships with tribes, citing the Centennial Accord as a useful framework. Other public speakers urged the commission to consider lost tax revenue, jurisdictional "checkerboard" effects on countywide zoning, and to ensure adequate review and standards before the county responds to Bureau of Indian Affairs actions.
After discussion, the commission approved a motion to refer drafting of the required resolution and supporting materials to the relevant subcommittee (the item was described in the meeting as being sent to the committee charged with the amendment text) to prepare and present a resolution for commission review. Commissioners agreed staff would also attempt to obtain outside counsel assistance and follow up with the county prosecutor as needed.
