06-2-00803-1
Constance King, Kevin Grossman, John D. Hollinrake, Citizens of Shoreline
WA v Maggie Fimia, Robert Ransom, John Chang and Janet Way, City of
Shoreline Council Members
For
a synopsis, see Plaintiff Grossman's web
site
-
- (03/17/2006)
Declaration of Rich
Gustafson
-
- (04/25/2007)
Declaration of Ron Hansen
-
- George
Mauer's Contract
-
-
-
-
-
-
- (07/21/2007)
Foster Pepper
Invoices as of 6/23/2007
- (07/21/2007)
Spreadsheet
of Foster Pepper Invoices as of 6/23/2007
- Depositions
(added 09/29/2007):
Bolansia (Provided pre-defense
counsel regarding employment issues. Fimia claims that Bolansia
gave council regarding the OPMA but that is simply not the case)
Chang (defendant)
DiJulio (defense attorney)
Fimia (defendant)
portions of deposition
Leigh (recipient of fax
requesting pre-defense counsel)
Seivers (Shoreline City
attorney)
Way (defendant)
- 09/04/2007:
On September 4, 2007, the members of the Shoreline City Council eligible
to vote (because they were not being sued), voted 3 - 1 to increase
the funding to defend Maggie Fimia, John Chang, Bob Ransom, and Janet
Way to a new total of $341,000 against charges that they violated
the Open Public Meetings Act when they took over the city council,
fired the city manager Steve Burkett without telling the rest of the
council, and attempted to hire as city manager and various other positions,
the unqualified George Mauer (who refused background checks).
Keith
McGlashan and Ron Hansen told The Enterprise that they voted in
favor because it was the only way the defendants could be ordered
to reimburse the city for defense costs under the city's reservation
of rights (when they lose the lawsuit). Cindy Ryu voted for the
increase because she is a follower of Maggie's.
Rich
Gustafson was the dissenting vote. He made the following statement:
I
am appalled at the suggestion that the taxpayers of the City of
Shoreline continue to pay for the legal defense of the four council
members in question. In my opinion these four people acted on
their own; they were not in a Council meeting or even in an
executive session when decisions were made. I believe the whole
crux of the suit is that these 4 individuals acted unethically when
they technically, knowingly, and willfully violated the law. They
did what was NOT in the best interests of the citizens of Shoreline.
It was a power play and a personal vendetta against Steve Burkett
that was orchestrated by Maggie Fimia.
What
blows me away is that on December 5, 2005 the defendants HAD four
votes and could have waited and dismissed Steve Burkett at any time.
They could have done this up front, publicly and legally. There
was nothing the other council members could have done to stop the
process. Why didnt they do this, rather than sneaking around
and never informing the other council members? What did one week
matter? By waiting a week, how would it have hurt our city? These
four profess to be advocates of an open, public, transparent City
Council, processing every little item, yet when it came to their
own personal issues, the rules and process didnt matter. Again
.I
feel it was a personal power play that has already cost the citizens
hundreds of thousands of tax dollars! I and hundreds of other citizens
are still appalled at their actions and I , for one, cannot support
the taxpayers of the city of Shoreline supplying additional funds
to their legal defense.
- (added
09/11/2007) Declaration
of Michele Earl-Hubbard
- (added
09/11/2007) Declaration
of Jennifer Goett (includes history of phone calls between defendants
and witnesses)
- (added
09/11/2007) Plaintiffs'
response to Defendants' motion for partial summary judgment (scheduled
for September 14)
- 9/14/2007
Settlement Agreement.
This was approved by a majority of Council Members eligible to vote
(4-0).
- Editorials
and Commentary:
Seattle
Times, September 17, 2007
"Shoreline city taxpayers have paid dearly for the arrogance of some
of their elected officials who did not care about conducting the people's
business in public. ...The fault lies with the stubbornness of the
accused council members, who still have not admitted wrongdoing despite
compelling evidence. "
Tacoma
News Tribune, September 17, 2007
"…the Shoreline officials were deliberately being devious and excluding
other council members from the decision about Burkett. ...At best,
the defendants' maneuvering was shabby; at worst, it was illegal.
"
Tacoma
News Tribune, September 18, 2007
"The
Shoreline Four knew perfectly well what they did was devious and unethical.
"
Enterprise,
September 28, 2007
"Don't
those who brought the suit deserve some blame? For what? For trying
to keep the council's majority honest?"
State Auditor Brian Sontag to the Washington Coalition for Open Government,
September 21, 2007:
"Sometimes, agencies simply don't want to be bothered. For them, it's
easier to deny a public records request than take the time to fulfill
it.
"Worse, we do find instances in which public officials deliberately
shut the doors and run a government as if it were their own private
club that serves their comfort.
"And we identify situations where they want to hide from public scrutiny
of potentially controversial decisions or from decisions where they
directly benefit.
"For example… when four members of the Shoreline City Council met
in secret to plot replacing the city manager. The former mayor and
a former council member took the four to court for violating the Open
Public Meetings Act. They settled the lawsuit just last week, and
the city must pay $159,000 . . . . in taxpayer dollars . . . . for
legal fees. "
- Steve
Burkett's deposition (added 10/31/2007)--Supporters of defendants
and Cindy Ryu site page 18 as evidence that Jepsen, Gustafson, Hanson
and Grace violated the OPMA.
"Once in a while" they would have a drink at Scott's after
a meeting. They would discuss the meeting or other city issues. Note:
no action was taken.
The OPMA
states:
"Meeting means meetings at which action is taken".
"Action means the transaction of the official business of a public
agency by a governing body including but not limited to receipt of
public testimony, deliberations, discussions, considerations, reviews,
evaluations, and final actions. Final action means a collective positive
or negative decision, or an actual vote by a majority of the members
of a governing body when sitting as a body or entity, upon a motion,
proposal, resolution, order, or ordinance.
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