By an 8-1 vote (with Mike O’Brien dissenting), the city council just approved legislation by council member Sally Bagshaw to ratify city council president Richard Conlin’s signature on the supplemental draft environmental impact statement for the deep-bore tunnel. Conlin signed the SDEIS late last month over the objections of Mayor Mike McGinn, who said that under the city charter, only the director of the Seattle Department of Transportation had the authority to sign it.
Conlin, noting that “the letter of the law … does not necessarily cover every situation,” pointed to 45 instances in which McGinn had signed legislation with similar “ratifying and confirming” clauses—clauses retroactively ratifying actions the council has already taken.
If McGinn’s logic about the letter of the law was taken to its natural conclusion, Conlin said, he, as council president, would have the authority to sign his own legislation, because the council president serves as mayor pro tem when the mayor is out of town. (McGinn is at a mayors’ conference on the East Coast).
However, Conlin said, “I’m not going to do that”—a statement that elicited boos from dozens of pro-tunnel union members in the audience, many of whom testified in favor of the legislation.
“I know that’s disappointing to some, but I’m not going to do that because that would not be in the spirit of the charter,” Conlin continued. “The spirit of the charter says that you try to use your common sense.”
In voting against the ordinance, O’Brien said that while “I support [Conlin's] action” in signing the SDEIS, he was “troubled” be the sections of the legislation that affirm the city will remain as “co-lead” (equal partner) on the tunnel project. “There are some downsides” to remaining co-lead, O’Brien said; for example, it’s harder for a co-lead agency to object to elements of the EIS, such as the fact that the “statement of purpose and need” for the project has been changed to refer to automobile capacity, not moving people and goods.
I have a call out to McGinn for comment on this afternoon’s vote.
