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Brian
K. Snure Re: Guemes Ferry - Skagit County Fire Protection District No. 17. Dear Mr. Snure: This letter is in response to your letter dated November 15, 2006. For reference purposes, a copy of your letter is enclosed. Foremost, your letter significantly mischaracterizes the County's obligations and liability with respect to emergency response and the Guemes ferry. Your unilateral assertion that the County has "assumed liability" for ferry emergency response is simply incorrect. The County has not and does not assume any liability whatsoever for emergency response associated with the Guemes ferry. Problematically, you attempt to mischaracterize the responsibilities of Skagit County Fire Protection District No. 17 ("FPD No. 17") as being the responsibilities of Skagit County. Emergency response for Guemes Island is the sole responsibility, liability, duty, and obligation of FPD No. 17. As with other isolated or rural areas of Skagit County, the fact that emergency response times from Guemes Island may be longer than in less isolated areas is not the fault or responsibility of Skagit County. Furthermore, while the County is authorized to operate the Ferry (per RCW 36.54), there is no statutory requirement for the County to operate the Ferry at all. Case law has even provided that property owners of an island have no claim for damages against a County for a sharp reduction of ferry service to an otherwise isolated island. See, Lftz v. Pierce County, 44 Wash.App. 674 (1986). If Skagit County has no duty to even provide routine ferry service to Guemes Island (at all), it would logically follow that Skagit County has no duty to provide special or exceptional emergency response ferry services. Perhaps most importantly, Skagit County has no duty to provide emergency ferry services under the public duty doctrine. See, Cummins v. Lewis County, 156 Wn.2d 844 (2006). Accordingly, if it is the position of FPD No. 17 that additional emergency response services are needed or desirable for Guemes Island, it is the sole responsibility of FPD No. 17 to provide such services. Nevertheless, if FPD No. 1,7 would be willing to pay for all additional staff time recessary to provide "on call" emergency Ferry service, this could be considered by the County. Please note that such payment (by FPD No. 17) would need to be acceptable to (and approved by) the union representing Skagit County ferry employees. Moreover, if FPD No. 17 believes that additional emergency access to Guemes Island is needed or desirable (i.e., an emergency landing craft and/or helicopter transportation, etc.). it is the sole responsibility of FPD No. 17 to obtain and pay for such additional services. While the safety of all citzens is a concern to Skagft County, the County cannot accept responsibility or liability for matters that are the sole responsibility of FPD No. 17. Hopefully the forgoing provides you with some useful clarification as to these matters. Sincerely, Stephen
R. Fallquist Encls.
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