2026-05-06 Sedro-Woolley City Council Deliberations on Skagit Transit Board Confirmation

appointment confirmation. So, I just wanted to talk a little bit about it. My approach to board appointments has been focused on sharing the regional workload and providing broader opportunities for representation rather than before where it was just the mayor and the same individuals on every major board assignment. This assign this appointment was never a reflection on Paul or his dedication to the role. I believe he has always served with sincerity and commitment. Rather, this decision was based on the principle that like the mayors before me and those serving throughout the region today, the mayor has the responsibility and authority to select the representation they believe best serves their city. As reflected in this correspondence through out this process, the CEO of Scadget Transit has presented differing explanations regarding this appointment, many of which have not aligned with the guidance provided by our legal counsel or administrative staff. It is disappointing that what should have been a straightforward process required such extensive back and forth. The city had to maneuver through multiple threats and it's now likely that this board position might not even exist in the near future. I felt it was important that the city stand on principle and exercise its right to determine its own appointment for the reason we placed this item on the agenda. For this reason uh we have placed this um item on the agenda for this evening. Regional partnerships work best when agencies respect the authority of each city and its elected leadership. My responsibility first and foremost is to represent the citizens of Cedar Woolly and ensure our community's voice is properly represented. While I remain commit committed to working collaboratively with regional partners, Cedar Woolly will always come first in the decisions I make as mayor. And with that, I'll pass it to Charlie. Okay, council. So, we've got an item here for you tonight. Uh, it the topic is Scadget Transit Board appointment confirmation. Uh, Mayor Casty's been working her way through our regional boards and committees and making uh appointments as the mayors before her have done. Uh, and this has been a bit of a journey uh with Scadget Transit trying to do something similar. Uh, Mayor Casty's desire and her request to the council for confirmation is to u remove council member from a uh city council um position on the Scadget Transit board uh and to appoint council member D. Young to serve in that position. Um there's been a lot of back and forth as Mayor Casty mentioned. We included a lot of that correspondence in the packet as well as Scadget Transit's bylaws. Um there at least have been some provisions in Scadget Transit's bylaws that um have been uh pushed to the city uh indicating that we cannot make a change at this time. Um and our the legal advice we received uh is counter to that and you know in principle um you know we are moving forward with this uh this evening. That is the recommendation. And so I'd like to turn it over to Dan Curtis a little bit to discuss more um you know of the some of the legal uh back and forth. We also had comments from uh the CEO of Scadget Transit uh that came in that are included in um in the packet under other uh so basically late material that came in to the city uh to be submitted as part of public comment. So that's there for your review as well. And I'd like to turn it over to uh Dan uh to provide a little bit more of the legal context. Good evening, Mayor and Council. Um yeah, I guess um to put it uh the best that I can, uh we what we have here is uh the result of a little bit of a disagreement and maybe an un a misunderstanding in terms of just the uh fundamental structure of local governance in Washington state and the interaction between um municipalities and interlocal boards. Um, every component city on the PTBA up until now has appointed um, its representatives um, unilaterally by the mayor. Um, our mayor was appointed which uh, makes it a little bit different such that it's irregular um, and so not at a regularly timed interval. Um, and that seems to have uh triggered some alarm or upset on the uh PTBA

board and with the CEO. And so uh they took some exception uh to the mayor's appointment authority. And in my opinion, that's um misguided. Um we have general state statutes in the state of Washington that use the term governing body. Um and the reason for that is because we have two types of local government in the state of Washington. We have mayor council forms of government and we have council manager forms of government. And so the state statutes that are not specifically referring to one or the other will use that term governing body. Um but for a mayor council form of government um the mayor is included there and um you'll see in my memo on page 99 of your packet um I sort of run through um you know why a municipality in Washington with that mayor council form of government has the authority um in the executive position uh to make these appointments. Um, and I'll be brief and get to a conclusion here in a second. What I'm what I'm getting at is doctrinally speaking, um, under just basic separation of powers, um, your mayor is your chief executive who has appointment powers. Um, and those powers are assumed unless limited legislatively by the council. Um, and that's sort of established not just by like the penumbra of um, state statutes, but also it's supported um, contextually uh, within our code. And you'll see some argument um counterargument in here about uh you know if the mayor had that unilateral authority then they could appoint and then remove someone really quickly um over and over. Um one point is that that hasn't happened in the history of these appointments. Um, another point is, um, that's actually counter to the consensus understanding of the limitations on power because, um, the mayor is pulling from a limited pool, which is the council. And so, if the mayor were to make multiple appointments and removals from the council, then the council would likely use its power as the legislative body, as a limit on the executive. um and then um limit that executive power as it's been known to do um by ordinance which would then be codified in the municipal code. Um and then that ordinance would be subject to a mayoral veto and um such is the structure of local government and it's carefully crafted that way for a reason. and I'm happy to take questions. — Council member Lvaka. — Thank you, Madame Mayor. Um I I've read through this and I think that the um SCAT board of um their rules and regulations should be able to have their rules set so that the people aren't removed within a year on their own behalf. I don't think that should be something that limits our ability within our body or our city um in the mayor's ability to step forth and appoint or move people around. Um I've never challenged another mayor's positions on an appointment. There might have not been some that I have agreed with, but I've never challenged any appointments to any of the boards um with Northstar or SCAT or um any of them. I've always respected the mayor's position in the city and I've honored that. So, I would like to continue to honor that. I think that your explanation in your document and your interpretation of governing bodies and um the ruling of the government with the legislative branch limiting the power of the executive branch, but the executive branch working within its authority given by the legislative branch is a correct interpretation. And I really appreciate you pointing that out. And it is my honor to support our city and the mayor that is in place. And I think if we don't do that as a body, um, we're setting a precedence for other communities to where we have another body come in and take over their ability to govern their own community. Um, and so I don't think it's a matter of who's making that decision. I that decision being made. And um I I'm displeased to see this even come before the council. discussion taking place and us paying our lawyer to go through on a back and forth to go through this whole process. And that's my personal opinion on this. I think Paul Ko is an amazing

guy. Um, we've had great coffee and discussions and I think you would do good on the board, but I just think that this is a position that we have allowed the mayor, whoever is in that seat, to have and I want to continue to respect that. — Thank you. — Thank you, Council Member Henderson. This is not a um this for me it has nothing to do with who I think should be on the board or who I don't board. Um because that's not my decision. Um what troubles me is that there is a um a CEO of an organization that we pay taxes into that is trying to make decisions and shoot from the hip and say what she wants and doesn't want and then um comes back and uh very uh quite frankly uh threat threatens our city. Um, and uh, looking through uh, the new bylaws because I guess we just change bylaws all the time now. Uh, added in uh, section 511 and 512 for the new bylaws that they want to uh, Scadget Transit wants to impose on the board. And uh one of them is that the board has the authority to remove by majority vote any board member or their design for violations of any of these bylaws. In such case, the board may allow a component city or town to appoint another member in accordance with the bylaws or the board may opt and that's the important part to instead leave the position vacant until the subse subsequent term commences. So now we have a rogue CEO of an organization threatening to that she can use her influence because she's mentioned that several times in these correspondents to remove our representation on this board completely. But we still have to pay taxes into it. I mean that this is absolutely insane. And the more you look into it, the more it should make everybody absolutely angry with bureaucracy in this county. And I know that me and you had a discussion, Councilwoman Peterson, a while ago um about not letting um outside agencies be able to come in and push Cedar Wally around. And this right here is exactly what is happening. And it's disgusting. So, um, Dan, I had a question for you about all these changes to, uh, clearly, uh, punish the city of Cedar Wooly in these, uh, in the section 511 and 512 of the uh, new proposed bylaws. Can they even do that to us? — Yeah, this is where I want to be careful not to telegraph um any potential arguments um in case they do decide to act on some of these things, but the short answer is no. Um the component cities, like you mentioned, we're all being charged that 4% tax. Um and so we are entitled to representation. Um exactly what that looks like. Um the board does have some discretion but it is subject to that PTBA statute. Um and there are specific rules for um the composition of the board. Um and I think that's um given the state of disagreement. I think that's as specific as I want to get into it in a public forum. — Can I say something? — Thanks, Dan. Uh, Council Member — Yeah. So, I'm going to This might be a little too long, but I'm going to read it. Uh, respectfully, I do not understand why Mayor Ky and the city council are looking to replace me on the Scadget Transit Board after four months of service there. This week, the mayor and council received a public comment letter from Scadget Transit CEO Crystal Stadum asking for me to remain on the Scadget Transit Board for the completion of my one-year term. I have some of my reasoning for staying on the board is similar. Uh, I have served on the Scadget Transit Board for over four months. I completed orientation for the board, studied the large transit system

binders, went through a two-hour training on the transit systems complex compensation study, and attended all uh scheduled board meetings. I'm not aware of my conduct as a board member being anything but appropriate, effective, and representative for the citizens of Cedro, Willie, and the writers of Scadget Transit. Also, at the last meeting of the Scadget Transit Board, the board agreed to implement a policy to put advertising on Scat buses to generate more revenue for the agency. I have considerable related experience from my prior position as longtime communications director at Western Washington University. SCAT board asked me to help with SCAT's implementation of its advertising policy. A well orchestrated advertising policy will benefit Scadget Transit financially, which is a good thing for Scadget County taxpayers. The time I put in has allowed me to develop knowledge, expertise, and understanding of the workings of Scadget Transit. This knowledge by helping me make informed decisions on the board directly benefits the riders of Scadget uh transit and the citizens of Cedro Woolly. The Scadget Transit Board bylaws set the term of office for members of the board at one year to develop continuity in positions. Having board members replaced before the one-year term requires the training of a new board member uh all over again after only four months. A waste of taxpayer funded uh training and resources. Um in conclusion, I would like to remain on the Scadget Transit Board. Thank you. Thank you, Paul. Charlie, did you have anything else you'd like to add to that? — Uh, no. I think, you know, just the main policy question here is whether wants to confirm Mayor Custy's selection. — I'm so sorry, Council Member Peterson. — Um, I I'm not an attorney, so I came at this from a different perspective. Um, Mayor Casty and I met when she first started her term and we talked a little bit about how uh she wanted to do board and committee and all of those appointments in a more equitable way and I really liked uh I really liked that idea. It sounded like um the idea was to kind of bring the vacancies um to the council so that we could all kind of review them as a group and council members would have the opportunity to volunteer uh to serve for those open positions. Uh in my mind, this isn't a vacancy. There's no vacancy here. So, I don't see a reason to really change the appointment um in the middle of a board member's term. Um but I would like to see that kind of open discussion that we had discussed um Mayor Cassie for those open city boards and commissions and things like that. So for that what I was um what I was referring to uh is that I wanted to get everybody's input and like I had established earlier um the prior mayor had um chosen over and over specific council members to serve on a lot of boards and I wanted to open it up to more being able to have opportunities. Some have been waiting years. And so that's what it was is to get a feel for everybody what they wanted to do. And then it's at the mayor's uh pri um prerogative to choose which one to do. Um just like had been done before, but I'm trying to open it up for everybody. Um Council Member Lvaka. — Thank you. Thank you, Madam Mayor. Um so on the principle with the scat situation right now that's where I have um strong disagreement because the fact that the mayor should have the authority um given to them whether it's male or female to executively execute the wishes of the council and the people how she sees fit or they see fit. So that's where I have issue with this particular situation. I think Councilman Coch is a wonderful guy. Like I said, I think you would do great on that on any board and you have served on multiple boards, but at the same time, I had strong grievance that I did not choose to error on the way that boards were assigned and I was not asked to go to boards. I know that councilwoman Diamond, Councilman um Owens, Councilman, you know, Glenn Allen, um I can go on and on were not given the same opportunities that very few people on the council received. And so opening it up for discussion and spreading it out a little bit more equitable allows for that. So if the new mayor feels like that is something that they would like to do or not like to do, I would encourage that. Um it may start with some immediate changes and you know maybe that's not the correct path, maybe it is, but it's their ability to make that decision. I think if we stifle that

ability to make that decision, we set precedents for an outside body to come in and dictate how a city's ran regardless of which city it is or which mayor is in their position. So, this could go as far as, you know, Loner or some other place. Maybe a mayor gets placed in Mount Vernon that a body doesn't like or doesn't want and then goes back and forth with who they have and it becomes more of a tension. then it becomes more about uh respecting that city's governance and jurisdiction. So, that's where I have challenges with this. I would uh appreciate, you know, Councilman um Cox still serving on multiple boards as he has in the past already, haven't you? Yeah. So, a couple of them. Um and I would think that would open up as those board positions come available and we have that open discussion and it's equitable for the entire council. um everybody be asked, do you want to be on the board? And the ones that do put their name in the hat and then the mayor chooses this one for that one and allows that to spread through all of the council that's voted in by every person in this community. So every person has three representatives, just to make this quite clear. They have two legislative officials that represent them and they have one executive. And so if only very few people are being allowed to serve in those boards, they're not getting their full representation. And then if those are removed due to some bylaws and I'm curious to see when those changed um then we do have taxation without representation and that itself I think would be worthy to take to court and find figure out where we do stand with that just in principle and in behalf of the rest of the people of Scadget County or the state for that fact because what precedence does it set? Thank you — council member Henderson. Thank you. Um, if I may just uh — Sure, Dan. — Go ahead, Dan. — Yeah, just for clarity, I just wanted to make clear that the um this proposal isn't intended to um make an appointment uh in contradiction with the bylaws. um and even the under the newest um bylaws under um term of office um until completion of their term unless such person is legally ineligible to hold such position. Um and then if you scroll back up to article 2 section 2. 1 board composition um it says subject to the provisions to RCW 3657A. 050 050. Um that RCW says at the pleasure of the governing body and that is a state law. And so once you've been removed at the pleasure of the governing body, um then you're no longer legally eligible. And so it's my understanding that uh this appointment is not in contradiction to the bylaws um and wouldn't necessarily trigger um the threats under the new language and it it's certainly not intended to do that and I just wanted to make that clear. — Thank you. — Thank you Dan. Um Council Member Henderson. — Thank you. Um, it's my understanding that this doesn't even need a council vote. This is just a confirmation um or a formality, so to speak. Um, now with what uh Dan just said about that provision, then it becomes a little bit more real. But um to me, this is more of us as a city and of a council basically just standing up to a bully and um I think and Councilman I have enjoyed serving with you and I do think that you are a great asset to this council and this has no reflection on your abilities or the time that you've served or anything else. Um, for me this is purely to set precedence to this organization that um we're not we're not going to be pushed around. have these emails sent to us and we're not going to have um you know these bylaw changes that are extremely horrible and um completely out in left field imposed on us. We want to be represented. Our constituents And so with that, I would um I would

move to motion the confirmation of the mayor's appointment, Carl D. Young to serve as the city council representative on the Scadget Transit board of directors at the pleasure of the mayor pursuant to section 2. 1 of the Scadget PTBA bylaws as amended March 2026. — Okay, we have a motion by council member Henderson. Do I have a second? — I'll second that motion, madam. — Seconded by Nick, council member Lvaka. All those in favor signify by saying I. — Any opposed? Same sign. — Opposed. — Okay. Motion passes 3 to two. Thank you. Council. My name is Crystal Stedm and I'm the CEO of Scadget Transit. I'm offering public comment this evening following the council's action regarding the Scadget Transit board appointment. I want to begin by acknowledging the city's authority and the seriousness of decisions related to board representation. At the same time, it is important for me in my role as CEO to place several concerns on the public record, particularly as they relate to governance, legal compliance, and the interests of the writers that Scadget Transit serves. many of them who are your constituents. I would also note my disappointment that public comment is scheduled at the end of the agenda after action has already been taken. This structure does not allow public comment to be considered prior to decision-making, which is unfortunate given the significance of the issue and its implication for transparency and public trust. Council member Caul was appointed to the Scadget Transit Board for a one-year term that began January 1st, 2026. During his tenure, he completed board orientation, attended every board meeting and workshop, and served on the advertising committee, and has become fully engaged in board work. From an operational standpoint, continuity matters. Removing an engaged board member partway through such a short term creates disruption that affects board effectiveness and agency stability. More importantly, this action raises significant governance concerns. Section 2. 3 of the Scadget Transit bylaw states that board members serve until the completion of their term unless they are legally ineligible. Council member Coch remains legally eligible to serve. Removing or attempting to remove him prior to the completion of his term is a direct violation of the Scadget Transit bylaws. I reviewed the city council study packet today with our attorney and we do not agree with the interpretation that section 2. 3 conflicts with section 2. 1 of this guided transit bylaws or RCW 3657A 555. Although the statute states that representatives serve at the pleasure of their governing body, it does not eliminate the board's responsibility and authority to adopt reasonable measures to ensure continuity and stability of board membership. nor does it authorize at willill removal of a currently serving eligible board member who is dually appointed to a term. In addition, RCW37. 5- excuse me 5-57A. 055 provides that appointments to the Scadget Transit Board are made by the appointing governing body. State law places appointment authority with the governing body, not with a single elected official acting unilaterally. While this past practice may have differed, Scadget Transit and its member jurisdictions have no obligation to comply with state law going forward. Finally, I want to emphasize that the city of Cedro Woolly is an essential partner in public transit. Decisions made by the mayor and this council regarding Scadget Transit have real consequences for writers agency operations and public transit in public transit governance. Board members of Scadget Transit have shared obligation to act in the best interests of the agency, its writers, and the public it serves. I want to be clear that Scadget Transit values its ongoing partnership with the city of Cedro, Woolly, the mayor, and this council. Uh, I heard all your comments tonight, and I'm willing to meet with any of you to discuss this further. Thank you for your time. — Thank you. Is there any others with their hands up for public comment that I can't see online? — Uh oh, sorry. Let me switch over to the right tab. But no, I do not believe there's anyone with their hands up. — Okay, perfect. That concludes public comments. And with that I would