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Council member raises residency eligibility concerns; offers affidavits, seeks legal clarity
Summary
Council member Decker publicly questioned eligibility procedures for council participation in executive session and offered affidavits of residency for colleagues, urging clarity on municipal code and delegation of responsibility for such determinations.
Council member Decker raised concerns about the legal eligibility of one or more people to participate in council proceedings and questioned whether the council can conduct business, including an executive session, while the eligibility concern remains unresolved.
Decker referenced the Lynnwood Municipal Code and guidance from the Municipal Research and Services Center (MRSC), saying the council should not take legislative action while the eligibility question is open. “I do not think this council can take any legislative action, meet an executive session where confidential information is shared or conduct any council business while there is an open question about the eligibility of any individual participating in such proceedings,” Decker said, citing Lynnwood Municipal Code 1.16 0.04 and MRSC materials on city classification and vacancies.
Decker told colleagues he has affidavits of residency prepared for all council members that they could sign to address concerns and said he would accept the council president’s determination if the president instructed the council to proceed. “If the council president decides that we can conduct business . . . then I will abide by that decision,” Decker said, adding that signing affidavits could, in his view, reduce individual liability for members.
Other council members responded briefly. Council member Coelho said he was satisfied with the residency of his colleague and preferred to continue normal business. Council member Hurst asked to see a printed copy of the materials Decker referenced.
Nut Graf: The exchange recorded a public expression of concern about member eligibility and a proposed remedy (affidavits), but Decker said he would accept the council president’s ruling; no formal legal finding or vote was taken during the public meeting.
The council then announced an executive session citing RCW 42.30.140(4)(a) and RCW 42.30.110(1)(g). The transcript ends with entry into closed session for those purposes; no additional public action was recorded on these matters during the open session.
Ending: Decker said he would provide the referenced materials to colleagues; the council proceeded to executive session with the stated RCW citations.
