After heated discussion among council members, and cheering from the crowd, police were called to quiet everyone down. In addition, the council had to recess to discuss the matter in private, after listening to a long line of citizens.
Councilmember Lauren Berkowitz argued that there was indeed a third option – doing nothing.
“I ask my fellow council members to reject this motion and take the only path that is right, which is to support the original ordinance and stand by it as we passed it,” she said.
By taking no action, she said that citizens who felt forced to sign the petition could remove their signatures, which would invalidate the petition.
By not adopting the petition’s ordinance – and not placing the measure on the ballot – Berkowitz acknowledged that taxpayers would be able to sue the city.
She is willing to accept the challenge. “Let’s do it,” she said. “We know our ordinance is legal.”
And she wants to stand by what the city passed in January.
“We were elected to do the right thing,” Berkowitz said. “That doesn’t mean sending every ordinance to the public for a vote. Think of how inefficient that would be . . . We took action, because it was the right thing to do, and it is time to stand by that action.”
City attorney Lisa Marshall explained the legal ramifications to the council – saying that taxpayers could file a lawsuit if the petition is not considered on the ballot.
She also noted that if the council were to hold a special election for the petition’s ordinance, the city would be responsible for paying the costs, which she said will be substantial.
“It’s the city attorney’s job to minimize risks,” Berkowitz said. “It is our job, as council members, to do the right thing. Sometimes that means not following the city attorney’s advice.”
Council member Nancy Tosta was in favor of having further discussion about the petition. “My frustration is that non-Burien residents strong-armed Burien residents with misinformation,” she said. “That’s where I find myself struggling here with the best course of action.”
She is concerned that the petition is not an accurate representation of local views. “It is hate language that these petitioners used,” she said. “It’s not who we are as a community; we heard that from many people. It was an outside force who felt the need to do something on our behalf.”
Debi Wagner said that delaying the vote was a bad decision. “This is foolish, it’s irresponsible and it’s bad public policy,” she said.
She made a motion earlier in the evening to place the measure on the ballot. A vote on her motion was never made.
“I’m a big fan of the election process to find out what the people think, and I think that’s the best and fairest way to gather majority opinion of what people want in Burien,” she said.
Councilmember Steve Armstrong agreed. “At the end of the day, going to a vote will be a good thing,” he said. “I believe 651 will remain. Looking and trying to figure out who is documented or undocumented, is that really the police’s job? Looking at the bigger picture, is it Burien’s job? No, it’s a federal job.”
Council member Austin Bell reiterated that it is the federal government that should be charged with immigration.
“Our job is to insure good governance, public safety and that everything works properly,” he said. “We can’t do that if the public is afraid to come interact with us, if the public is afraid to talk to the police . . .We have to insure that our city runs as effectively as possible, and the way you do that is not by putting up barriers.”