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Home My WebLink About5.871 Original Contract DATE: To: FAX To # FROM: SUBJECT: PAGES: DOCUMENTS S . A . FAX TRANSMISSION MARCH 23, 2006 JOHN BICKERMAN 202.289.1020 MARK E. MADSEN - CITY MANAGER MEDIATION - CITY POSITION PAPER 4 (INCLUDING THIS COVER PAGE) 1. SIGNED MEDIATION CONFIDENTIALITY AGREEMENT -1 PAGE 2. CITY POSITION PAPER - 2 PAGES THANK You S. 87 I L , '- MEDIATION AGREEMENT The undersigned party hereby agrees to participate in mediation of all claims related to the Port Angeles Graving Dock Project, with mediators John Bickerman and Cyndy Mackey, in accordance with the following binding terms and conditions: 1. Confidentiality. The mediation is conducted under the Uniform Mediation Act, RCW ch. 7.07 and other applicable laws. All information and documents obtained during mediation shall be privileged and confidential and shall be exempt from public disclosure as provided for by RCW 42.17.310(1)(iii) and other applicable laws. At no time before, during or after the mediation shall the undersigned disclose any information or documents obtained through the mediation to any person or entity other than mediators and the other participating parties that have also signed this agreement unless otherwise required by law. The undersigned party will refer any inquiries from the press or other third parties to John Bickerman for response. 2. Settlement Authority/Decorum. The undersigned party represents and warrants that the representatives participating in the mediation session are authorized agents of the party and have full authority to negotiate in good faith toward resolution of all disputes related to the Port Angeles Graving Dock Project. These representatives will exercise their best efforts to maintain a respectful and professional decorum throughout the mediation process. 3. Exchanqe of Written Submissions. The undersigned party will prepare a written submission, briefly outlining its position, and any proposed or suggested terms or framework for resolution, to be exchanged with the other participating parties. The submission should be delivered to the mediators by the end of Thursday, March 23, 2006, via facsimile addressed to John Bickerman at (202) 298-1020, for distribution by facsimile and/or express courier to the other participating parties that have also signed this agreement. 4. Return of Written Submissions. At the close of the mediation session scheduled for March 28 and 29, 2006 in Tacoma, Washington, the undersigned party will deliver to the mediators all written submissions provided by other participating parties, together with any and all copies of such submissions and any notes containing information obtained from such submissions. 5. Bindinq Upon Members. Employees and Aqents. The terms of this agreement shall be binding upon all members, employees and agents of the undersigned party. e'b of f f7'YZ-1 A"'r Party Name 1818888.1 6""~iJiJ R C ~U.mJ!J.bJ..:!; V' ''<'< , *~~v ."'f' ~ ~"%tM,," \ ( WASHINGTON U.S.A. CITY COUNCIL "This is the secret of America: A nation of people with the fresh memory of old traditions who dare to explore new frontiers...." ~ President John F. Kennedy When Thomas Jefferson wrote in the Declaration of Independence that "all men are created equal," he and others of that generation believed that all people had to stand before the law on an equal footing regardless of any other social or economic stratification. A generation later, when Andrew Jackson talked about equality, he meant the same thing - equality of opportunity based on equal treatment by the law. Indeed, our entire system of government and civil rights is founded upon the premise that without the equal protection of the laws, there can be no full and equal citizenship in America, and without this, there can be only limited democracy. At the core of the modern interpretation of the Equal Protection Clause is the belief that individuals, no matter what their ethnic origins, culture, gender, or religion, must be treated, certainly not as interchangeable cogs, but as individuals, each of whom is entitled to be treated without discrimination in accordance with all other individuals before the law. If the sole implication of the Equal Protection Clause was merely to ensure that the government enforced all laws fairly, and passed no discriminatory measures, then while it would still be important, the clause would not have had the impact that it did in the last half-century. What the courts and legislatures have understood is that equal protection is a root concept of citizenship, much like the First Amendment's protection of free speech. Just as a person cannot fulfill the duties of a citizen without the ability to speak freely and hear different viewpoints, so one cannot be a full member of the community if subject to discriminatory classification. An essential component of equality before the law is respect, the recognition by one person of another's parity in the social contract and in public affairs. Tied in with this IS the value of Individual and group participation in civic life and the political process. How can the majority take seriously efforts by the minority to participate in civic life if that minority has been branded as invariably inferior? How can the minority be expected to behave responsibly if its members are consigned to a category that implies they cannot do so? Finally, how can the majority and minority find common ground for participation if there eXists an expectation of unequal standing before the bar of government. These three values of equal citizenship - respect, participation, and responsibility - are the characteristics one expects of all citizens in a democratic society. These three values of citizenship are then the basis of what sets America, With all her diversity, apart from other nations of the world. Whenever government undertakes, or allows individuals or groups to undermine this most fundamental American concept of equal protection under the law, we are in danger of descending along a path that leads to the utter destruction of society. City of Port Angeles Position Paper - John Bickerman, et al 23 March 2006 P 1 . ~- Examples abound throughout eastern Europe, Asia and the Middle East, where ethnic, religious and/or cultural divides have been allowed to foment to the point where society and the rule of law breaks down under the strain. The resulting furor spirals out of control into total lawless chaos and anarchy, affecting all aspects of life. Civic process and social interactions are replaced by a retreat into the relative safety of ethnic clans. Commerce is thwarted by discord and distrust. Investment grinds to a halt with the risk of uncertainty. It is therefore with deep respect and concern for all the citizens who make up the broader community of Port Angeles, that the City of Port Angeles (City) sets forth the following positions on issues and concerns in regards to the mediation currently getting underway to resolve the conflict between the Lower Elwha Klallam Tribe and the State of Washington over the graving dock project. 1. The City has zoning and permitting jurisdiction on the waterfront. 2. The City cannot surrender its jurisdiction over the waterfront. 3. Development of the Port Angeles harbor and waterfront is vital to the local, regional and state economy. 4. The City recognizes and honors the Lower Elwha Klallam Tribe (LEKT) as a sovereign government entity with jurisdiction for their people and reservation lands. However, the City cannot extend jurisdiction or standing to LEKT in every waterfront development on land and shorelines under City jurisdiction. 5. State and Federal laws already exist delineating the process for dealing with Native American archeological finds at development sites. There is no justification for creating any additional separate process. 6. The City recognizes the significance, and respects the cultural impacts of the archaeological discoveries at the historic site of Tse-Whit-Zen and supports a respectful and rational approach to reburial of disturbed remains. 7. Development of a dry dock facility in the Port Angeles harbor area should be viewed as an asset of national and statewide significance. The City still supports development of a graving dock in Port Angeles. The City has suggested that the project could be moved north to a location waterward of the historical shoreline, thereby alleviating archaeological concerns. 8. The City believes that any negotiated solution must treat all stakeholders in the community equitably. Therefore we believe that only a pareto efficient solution should be considered. 9. For many months, the City was excluded from any communication and/or negotiations, relating to the graving yard project. We welcome the chance to participate in this and any future discussions. In conclusion, the City believes that the interests of the people of the State of Washington, the City and its citizens, and the Tribe must all be treated equally. Such an outcome is only likely when all are held accountable to the same standard of the law. Whenever government surrenders the rule of law to the pressures of political expediency, such government weakens the confidence of the people in their assurance of equal protection under the law. City of Port Angeles Posl!lon Paper - John Blckerman, et al 23 March 2006 P2