WHATCOM COUNTY, Wash. — A private citizen filed a complaint April 16th, against the Whatcom County Executive Satpal Sidhu, Whatcom County Public Works Director Elizabet Kosa and Whatcom County claiming a proposed Lummi Island ferry fare increase violated the current Whatcom County Code. On April 24th, the Whatcom County Council adopted by a vote of 7-1 changes to the County Code allowing the fare increase as proposed.
The private citizen’s complaint filed in Whatcom County Superior Court noted that ferry fare rates were by ordinance to be set at levels that would be expected to cover 55% of the ferry’s operating expenses. The complaint asserts the defendants, through an executive order setting rate increases to go into effect on May 1st (later adjusted to June 1st to comply with a 60-day notice requirement), had included non-operating expenses, including expansion and reconstruction of ferry terminal facilities and monthly tidelands lease payments to come to the proposed increased rates.
Roundtrip rate increases include a regular vehicle with driver increasing from $14 to $15 and 10 multi-ride tickets for the same increasing from $112 to $122
In their answer to the complaint, filed May 7th, the defendants point out that while the complaint cites correct language in the Code at the time of the filing, that language has been changed and the defendants deny the claim.
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The code changes were adopted during a regular meeting of the Whatcom County Council on April 24th. The section of the County Code applicable to ferry rates was amended by an ordinance brought to the council. A reason given for the ordinance was, “… it is necessary to update [the code] to clarify definitions contained therein and to provide additional direction on handling of fare box revenue.”
Among other changes, the ordinance added and modified several definitions used for setting ferry rates including “non-capital emergency repairs” which significant ferry terminal facility costs would fall under.
The tidelands lease was also explicitly mentioned in the revised code language and to “be considered part of the Total Operating Expenses calculation …” The amendment noted including the lease expense was “consistent with past practice …”
The council approved the amendment 7-1 with councilmember Barry Buchanon opposed.
The complaint remains active in the court and a preliminary injunction hearing is scheduled for May 22nd.
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