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POSTED: Tuesday, Oct. 28, 2008

Angry council confronts Kremen, but he'll keep his raise

State law won't allow Whatcom County Council to rescind increase

Whatcom County Council members cannot reduce County Executive Pete Kremen's $141,000 salary, according to Daniel Gibson, a county attorney.

Why? council members asked. The state Constitution.

In a meeting Tuesday, Oct. 28, council members said they were concerned that they were not fully informed the executive received a $22,000 pay increase, from $119,000 to $141,000, in July. They questioned whether or not Kremen's administration purposely withheld that information from them.

In a 5-2 vote, with council members Seth Fleetwood and Bob Kelly opposed, the county also rescinded a recently approved resolution regarding unrepresented employee salary and benefits, which would have provided Kremen with another 6.6 percent salary increase in 2009.

They will reconsider that part of the resolution, saying they wanted to mainly focus on the elected officials and not general employees, which include support and professional services staff, supervisors, managers and department heads.

If the council doesn't change the resolution, Kremen would receive - like the department heads and other elected officials - about a 6.6 percent raise, which would increase his salary on Jan. 1, 2009 from $141,000 to $150,306.

For an hour Tuesday, visibly angry council members confronted County Prosecutor Dave McEachran, Kremen and members of his administration about the salary issue.

Councilman Sam Crawford, considered one of the council's most ardent supporters of Kremen's administration, was one of the angriest.

"Your credibility is about that big right now," Crawford said to Kremen, holding up his fingers about an inch apart.

Kremen offered to donate the portion of salary council members didn't think he should have - about $14,000 - to the Whatcom Humane Society for funding the county's animal control contract. Some council members thought the gesture was laudable, but Kremen wasn't done there. He also said he didn't care about the salary increase and that he does the job for the love of his community.

"If you think that my administration tried to pull anything less than honest, it is hurtful, offensive and somewhat insulting," Kremen said.

But Crawford fired back, saying Kremen was upset that the council didn't want to provide him with the full increase, even hanging up on Crawford during a personal phone call to Crawford's home.

"This is getting ridiculous. He's hurt and insulted. Whatever," Crawford said. "To hear this 'I'm hurt and insulted,' now you made me feel bad that I said I felt stung about it. Let's take the emotion out of it, Pete."

The administration contends that the council was told of the issue: that in Whatcom County, the executive's salary was required to be 101 percent of the prosecutor's, and that because the state Legislature this year changed the law, giving the prosecutor a 17 percent increase in salary, that meant Kremen also would receive the same increase.

Council members said Tuesday that multiple discussions in closed-to-the-public executive sessions revolved around their concern about the 101 percent rule, and they wanted it removed.

The administration says the council kept delaying any official vote to change it, and waited too long. On July 1, the state law went into effect and the prosecutor and executive received the increases. On July 8, the council removed the 101 percent rule but it was too late, according to McEachran, who advised Kremen that the county should abide by the law on the books as of July 1.

And now the council can't reduce the salary, Gibson said, pointing to Article XI, Section 8 of the Washington Constitution.

"The salary of any county, city, town, or municipal officers shall not be increased except as provided in section 1 of Article XXX or diminished after his election, or during his term of office," the Constitution states.

"Unbelievable," Crawford said after Gibson informed the council.

"I just disagree with it," said Councilwoman Barbara Brenner, who has repeatedly advocated freezing salaries of more than $100,000 until the national economic crisis is over.

Councilwoman Laurie Caskey-Schreiber said that she was one of the supporters in the executive sessions of keeping the 101 percent rule, but that she believes the administration withheld information from the council.

"I feel like we've been kind of hoodwinked," she said.

In order to avoid these issues in the future, Caskey-Schreiber is advocating that salary increases be very detailed on paper and that they are not voted on in the consent agenda, where multiple items, generally considered routine or non-controversial, are considered in a large bloc. She also wants at least the salaries of elected officials to never be discussed in executive sessions, but in open public meetings.

Meanwhile, County Treasurer Steve Oliver isn't pleased with what he believes were insinuations by the administration that other elected officials were "complicit" in the issue of Kremen's salary.

He said that other officials were the first to bring up the issue with Kremen's administration and Oliver personally met with several council members to discuss concerns about "inequity" in salaries among the officials. While Kremen and McEachran both make more than $135,000 per year, Sheriff Bill Elfo makes nearly $105,000 and Oliver, Auditor Shirley Forslof and Assessor Keith Willnauer all make a little less than $85,000.

"I was a little disturbed by the administration's suggestion," Oliver said. "That's patently just false."