PORT TOWNSEND — The City Council recently selected Seattle attorney Peter Eglick as an ethics officer to rule on a complaint, but not before two council members recused themselves from the process and the complainant and his supporters criticized the move for a lack of transparency.
On June 24, former Port Townsend restaurateur Mark Cole filed the ethics complaint with the city, alleging that city government violated its own code of ethics and did not follow procedures during an eviction process.
“It is a failure of transparency and provoking distrust in government that is at the heart here of my complaints regarding the councilors,” Cole said during the public comment period at Thursday’s meeting.
This was the council’s second discussion of the matter last week, with the first being held during a regular meeting Tuesday.
At Tuesday’s meeting, the council deferred selecting Eglick as ethics officer.
He had been recommended by City Attorney Steve Gross.
After the council decided to postpone action, Gross posted a notice to determine interest in the post.
The city then received nine resumes and letters of interest, including ones from Eglick.
One of the options discussed Tuesday was naming a committee to select an ethics officer in an open meeting. Cole favored this route and requested the opportunity to provide input to the examiner selection process.
Gross said allowing Cole or his supporters to help choose the examiner could taint the proceedings.
If the council needed to select a special examiner to hear a land-use matter, it would not allow someone who has a pending permit application to determine who the examiner should be, Gross said.
“If any party feels the examiner is not impartial, they will have several opportunities to file a challenge,” he said.
In his initial complaint, Cole named Mayor Deborah Stinson, Deputy Mayor Catharine Robinson and council members Robert Gray and Michelle Sandoval, along with former members Kris Nelson, Mark Welch and David King.
Current city employees named in the complaint are city engineer David Peterson, City Manager David Timmons, Director of Public Works Kenneth Clow and Building Inspector Michael Hoskins.
Past employees named are City Attorney John Watts and Director of Community Services Rick Sepler.
On Thursday, Cole removed Stinson and Gray from the complaint saying “they were new to the council at that time.”
This left Robinson and Sandoval the only present council members named in the complaint.
Both said they would be able to make objective recommendations on the selection of an ethics officer, and both volunteered to recuse themselves from the matter if asked.
Stinson said she saw no reason for recusal at that time but both took that option, walking out of the meeting before the resumes of interested parties were discussed.
“Given that we are innocent until proven guilty, I feel comfortable that I haven’t broken any ethics laws, and there has never been a complaint against me,” Sandoval said.
“But it’s damned if you do and damned if you don’t, so I’m out of here.”
Robinson followed, saying she had done nothing wrong but to stay suggested an appearance of impropriety.
Gross said the ethics hearings are closed by default, but can be opened to the public at a respondent’s request.
Before leaving the meeting, both Robinson and Sandoval indicated a preference for opening the meetings.
Eglick was selected Thursday as the primary ethics officer with support from Stinson and council members Pamela Adams and Amy Smith. The move was opposed by Gray, who cited Eglick’s previous relationship with the city during a land-use issue.
As alternates, attorneys Wayne Tanaka and Jennifer Robinson were approved unanimously.
Gross said there was no accurate cost estimate or timeline for the proceedings, but expected to begin as soon as possible.
________
Jefferson County Editor Charlie Bermant can be reached at 360-385-2335 or cbermant@peninsuladailynews.com.
