Port of Olympia Commission adopts code of conduct policy

Despite a fresh round of criticism leveled at the Port of Olympia’s code of conduct policy for commissioners, the commission on Monday approved the policy on a 2-1 vote, ending weeks of discussion about the topic.

Commissioners Michelle Morris and Bill McGregor voted for it while Commissioner George Barner, who has spoken out against the policy, voted against it. But Barner’s argument against the code of conduct policy differed Monday night from previous meetings. Instead, he agreed with those who criticized the policy Monday night.

Critics of the code of conduct policy zeroed in on a portion of the document that states: “We (the commission) recognize this fiduciary responsibility to the port as a whole is greater than any loyalty a commissioner may have as an elected official. ...”

“I have listened to them and re-examined the wording (of the code of conduct policy) and I agree that the idea that our loyalty to the port should be greater than to those who elected us is just wrong,” Barner said.

A group of residents opposed to the code wrote a letter to the commission, which was read aloud Monday night by Olympia resident Bev Basset.

“The public interest is a sovereign fiduciary interest which cannot be subordinated to the interest of a public agency,” she said. “We are saying that the (code of conduct) resolution is unlawful and, if passed, it could be subject to enforcement by the Washington Attorney General.”

The letter was signed by Basset, Denis Langhans of Olympia, Walt Jorgensen of Tumwater, Bob Jacobs of Olympia and Monica Hoover of Olympia.

Commissioner Morris defended the work on the document, saying the commission was not taking it lightly, and the port’s legal counsel, Heather Burgess, called it a “legally sufficient” policy.

The original commission code of conduct, which Barner had a hand in creating, was developed in 2013 and publicly displayed on port property. The policy recently came before the commission again because without a resolution and a vote of the commission, it would not be a binding document for commissioners.

But Barner didn’t want to take that step. “I don’t think it’s necessary,” he said in September.

Olympia resident Richard Wolf pointed out Monday night that the public continues to have complete control over the port.

“It’s called voting,” he said.

Challenger Joe Downing defeated two-term incumbent Barner in last week’s general election.

This story was originally published November 10, 2015 at 1:48 AM with the headline "Port of Olympia Commission adopts code of conduct policy."