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

  • (01/03/2006) Complaint
  • (03/17/2006) Declaration of Rich Gustafson
  • (04/25/2007) Declaration of Ron Hansen
  • (04/25/2007) Declaration of Michael Rassh
    Exhibits 1-4
    Exhibits 5-10
    Exhibits 10a-19 (Exhibit 18 is particularly damning--The four took action by requesting predefense counsel to fire the City Manager, while the remaining three council members had no idea this was going on.)
    Exhibits 20-26
    Exhibits 27-28
    Exhibits 29-30
  • 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 didn’t 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 didn’t 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.