Councilwoman Robin Black is willing to give up her seat if a particular mayoral candidate wins.
That candidate is Tim Callison, her husband.
Black announced her decision to submit a contingent resignation earlier this month after speaking about the issue with Callison. They checked the state’s laws and found no rule prohibiting a husband and wife from holding positions in government together, and Black said she did not believe there was an issue after reviewing the state’s Appearance of Fairness Doctrine.
The situation is not in violation because they are both elected positions, and one does not work for the other. The council creates policy, which the mayor enforces and implements. Council members vote on resolutions, ordinances and other official city business.
The mayor does not vote.
In the letter she sent to Mayor Fred McCarthy on June 2, she said her resignation was contingent on three things. Her husband has to win the elections, and the ethics board and city council have to deem it necessary.
“However, due to the questions that have arisen about conflict of interest and/or the appearance of fairness, if the Langley City Council and the Ethics Board (once in place) deem necessary, I am willing to step down from my council position if Tim Callison is elected mayor of Langley.”
While she refers to questions being raised over the husband and wife sitting in council chambers, no formal complaint was raised. McCarthy said he received only one communication questioning the impropriety of Black and Callison serving as elected officials together.
One of Callison’s opponents said it would be a shame if Black had to resign.
“… I feel like we do a disservice to lose Robin,” said Councilman Thomas Gill, who is running for mayor, in an email. “She has already done a significant amount of work in her short time on the council.”
He noted, however, that the perception of a violation could exist if they met with another Langley elected official. The Open Public Meetings Act only governs a meeting of public agencies which have a quorum, or majority of voting members, when they discuss official government business.
“Any sort of interaction that they would have with a council member could be seen as relating to the Open Meetings Act, if there’s any discussion of city business,” he said.
Mayoral candidate Sharon Emerson said Black’s resignation should have only been contingent upon Callison’s election and not also upon a request from the ethics board and council.
“Instead she wants another as yet non-existent body to decide what should be really obvious,” said Emerson in an email. “Regardless of whether it’s illegal or not, regardless of whether it’s ‘unethical’ or not, it’s not wise. It adds complications and incentives that are unknowable by anyone outside their marriage to decision making that affects the city.”
