Troy Bruner, head of the Spokane's Ethics Committee, said City Council President Ben Stuckart's leak of a confidential email had the ability to hurt the city, but there was no evidence of it doing so.
“Certainly there was a potential for harm to be done to the city,” Bruner said. “We had no evidence that harm was done, so we figured that the penalty should be minimal.”
In a unanimous decision by the committee last night, Stuckart was fined $250 for leaking a confidential email dealing with an open lawsuit.
Bruner said the matter was closed, but noted the committee will write a “strongly worded statement showing our disapproval of his actions and admonishing him.”
Stuckart, who publicly apologized for his actions, said he regretted forwarding the email. In his defense to the ethics committee, Stuckart said the information in the email was already public knowledge.
Bruner rejected Stuckart’s claims, saying they “weren’t convincing to us.”
“He said the email wasn’t bad because its contents were public knowledge. There was no way for us to know that,” he said. “He said you should be able to dismiss this because there was no harm to the city. We had no way to know if there was harm done to the city.”
Bruner said he was convinced that the matter had been resolved, even though he had an unanswered question.
“One personal observation I have, President Stuckart really wasn’t able to provide a compelling reason why he forwarded the email in the first place. That’s something I still don’t have an answer for,” he said. “But he was apologetic for his behavior and he did affirm that he would not engage with such disclosures in the future.”
Spokane City Councilman Ben Stuckart was fined $250 for violating the city's ethics code, but committee members said his action did not financially harm the city.
Stuckart was referred to the committee for leaking what city officials called a “highly confidential email regarding a pending matter of litigation” with a subject line that read: “ATTORNEY-CLIENT PRIVILEGED Appeal Decision.”
The matter was referred to the city’s Ethics Committee earlier this month by City Attorney Nancy Isserlis.
“They decided that, yes, they have jurisdiction,” said Mike Piccolo, a city attorney who advises the City Council and sat in on the ethics committee hearing. “They decided that, yes, if the actions in the referral were determined to be true, they violated the city’s ethics code.”
Piccolo said the committee decided that it was hard to determine if Stuckart's actions caused any monetary harm to the city, so it was difficult to impose any monetary penalties.
Based on the discussion, Stuckart and the committee agreed to a “stipulation,” which means that by admitting fault, Stuckart could avoid a full-blown committee hearing. The stipulation, however, required a fine, which ended up being determined by Stuckart.
“It took about an hour. They decided I had violated the ethics code, but I hadn’t harmed the city, and they fined me $250,” Stuckart said. “I suggested the $250.”
In her letter to the Ethics Committee, Isserlis said the matter of Stuckart's ethics violation “came to my attention inadvertently” when she was performing an investigation about an alleged city code violation at the request of Don Waller, president of Local 29, the city’s fire union.
During this investigation, she found an email Stuckart had forwarded to Waller written by Erin Jacobson, an attorney with the city. Jacobson’s email dealt with pending litigation against the city by the fire union regarding the mayor’s plan to create departments with a fire division. The mayor’s move would have allowed him to appoint people to positions instead of having them go through a civil service process leading to union-protected jobs.
Jacobson’s email was sent to the mayor and council members.
“Within twenty minutes of receipt of Ms. Jacobson’s email, Council President Stuckart forwarded the email, in its entirety, to Mr. Waller at his personal email address,” Isserlis wrote in her referral. “I believe Mr. Stuckart was aware he was forwarding confidential information to the party opposing the City in pending litigation.”
When the referral was made, Stuckart made a public apology and admitted fault.
This story is developing. Check back later for updates.
In today's paper, I wrote about the proposed demolition of two historic buildings on Spokane’s storied auto row, part of the conceptual master plan by the Larry H. Miller Group to build a large downtown campus for its auto dealerships.
The buildings to be razed are, without question, historic. The building on the southeast corner of Madison and West Third was built in 1937, and its neighbor at 1023 W. Third Ave, was constructed in 1913. Both meet the 50-year age eligibility requirement for the National Register of Historic Places. But as Megan Duvall, the city's historic preservation officer, said in today's story, the building's aren't really architecturally significant. In other words, they're kind of boring.
The decision to remove the buildings came after Duvall realized she could use a provision in the city’s demolition ordinance allowing for the razing of historic buildings as long as their destruction supported the rehabilitation of an adjacent historic structure.
It's that structure - the International Harvester Company Truck Showroom built in 1929 at 1030 W. Third Ave - that has historic significance as one of the few remaining and unique buildings left on the old automotive row. The row is technically called the West Downtown Transportation Corridor Historic District, and its period of significance stretched from 1890 to 1949.
The photo at the top of the post shows the Harvester building the year it was completed. Besides how intact the building remains to this day, what's most interesting to my eyes is the huge rock outcropping to the building's east. How'd they get rid of that mountain? Was the rest of downtown marked with similar rocky protuberances, much like how the South Hill remains?
The images below show how the Miller Lexus showroom changed as a result of its dealings with the city and Duvall. Representatives from the company called the compromise to rehabilitate the Harvester building in exchange for demolishing the other two buildings “workable,” but said the process leading to the compromise was “frustrating” because it forced the company to change its designs for a new Lexus showroom.
Instead of obscuring the Harvester building under the metal veneer of a new Lexus showroom, the company now will include the original building in its designs for the showroom. The metal siding has been replaced with limestone and brick in the designs for the new addition.
OLYMPIA — Washington legislators will have a bit more money in the coming fiscal years than they expected when they adjourned in March, but not enough to cover the projected costs of current programs.
Increases in the number of school children, Medicaid recipients, along with a proposed raise for state employees, will help drive the cost of current state programs up by about $2.65 billion in 2015-17. And that's before increased spending for court-ordered improvements to public schools, which could be between $1 billion and $2 billion, and smaller class sizes mandated by a voter initiative.
Continued recovery from the recession, which includes lower unemployment plus stronger collections for sales taxes and real estate excise taxes will give the state about $2.9 billion more in revenue in that period than in 2013-15.
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OLYMPIA — House Democrats had their numbers shaved in this month's election but voted today to stick with most of last session's leadership.
Seattle Rep. Frank Chopp was re-elected speaker, a position he has held by himself since 2002, and shared as co-speaker in 1999, 2000 and 2001 when the House was tied between Democrats and Republicans.
Rep. Pat Sullivan of Covington was re-elected majority leader, Eric Pettigrew of Seattle majority caucus chairman and Kevin Van De Wege of Sequim majority whip. Kris Lytton of Anacortes was elected majority floor leader to replace Tami Green, who gave up her seat to run unsuccessfully for the state Senate this year. Lytton was formerly an assistant floor leader.
If all the fighting over immigration reform has you scratching your head, Jon Stewart won't clear it up so much as show you some of the sillier elements of it.
4. Voters at Fairchild Air Force Base support expanded background checks for gun sales – resoundingly.
3. The days of calling the 6th Legislative District a swing district are gone.
When working on an election story recently, I was about to refer to the 6th as a swing district when my colleague, Jim Camden, reminded me that it only really swung for two elections. I might argue that the closeness of some other races besides the 2006 and 2008 cycles when Democrats won seats in the district made it a legitimate swing district longer than that, but his point is accurate; the 6th Legislative District, especially since redistricting, is Republican territory even when Democrats attract a well-known candidate and spend big.
2. Spokane loves its parks and loves its smooth streets even more.
Recent controversies about salaries of Mayor David Condon and other administrators at City Hall made many city leaders worried that voters would turn against the street levy and, especially, the park bond.
But whatever griping you might hear about City Hall, city leaders apparently have earned the trust of voters when it comes to streets and parks. Considering that voters under Mayor John Powers rejected a street tax at a time when streets clearly were in much worse condition, passing the street levy with nearly 78 percent support is a major turnaround. I’m guessing that the voters’ mood reflects that the city kept its promises after voters approved a street tax in 2004 under Mayor Jim West.
In politics, as in military campaigns, victory has many fathers. That may explain the self-congratulatory press release from supporters of I-594. . .
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Spokane County voters said yes to both gun initiatives, causing some observers on the West Side of the state to scratch their heads on election night. One could reasonably vote no on I-591 and I-594, they opined, but voting yes twice seemed illogical on measures largely in conflict.
Spokane is not alone in passing both measures. Asotin, Clallam, Clark, Pierce and Skagit counties also have said yes to both. In all cases, at least one initiative is ahead by relatively thin margins.
In Spokane, I-591 leads by about 1,800 votes, and I-594 about 8,000 as of Friday’s count. But the precincts where one passed are generally precincts where the other failed. There are a handful of precincts in the northeast city of Spokane’s and the central Spokane Valley where both passed. But some of those tended to be precincts with higher numbers of “undervotes” where at least one measure was left blank.
Some voters may have strong feelings in favor of one, but couldn’t decide on the other. Indecision isn’t the same as being contradictory.
To compare the undervotes with the Spokane County votes on I-591 and I-594, check the PDF documents below.
OLYMPIA – The most ephemeral thing in politics might be big majorities. This should be particularly obvious to Democrats as they look to next year’s Legislature.
Six years ago, Democrats approached the session with 31 of 49 seats in the Senate and 62 of 98 seats in the House. Those were nearly veto-proof majorities if they’d found the need to override any vetoes from Gov. Chris Gregoire, but considering she was a fellow Democrat, that point was mostly moot.
Slowly the Republicans chipped away at those margins, a few seats at a time. . .
The Spokane Transit Authority is passing around an online survey today looking for feedback on its Moving Forward campaign and a potential tax increase to expand its service.
In an email, the transit organizations had this to say:
Dear community member,
STA Moving Forward is Spokane Transit’s DRAFT 10-year implementation plan that proposes to sustain existing service levels and provide more and better transit for the growing region. As a part of the public outreach period from September through November, STA has provided an online survey to get feedback on the proposed package of transit projects as well as a potential funding mechanism in the form of a voter approved 0.3% increase in local sales tax rate (a 0.3% increase in local sales tax equals 15 cents on a $50 purchase; fuel and most food products are sales tax exempt).
Follow this link to take the survey, which only takes a few minutes.
Rep. Cathy McMorris Rodgers was re-elected the House Republican Conference chairwoman today by GOP members who returned all their top leaders for the upcoming Congress.
House Speaker John Boehner, Majority Leader Kevin McCarthy and Majority Whip Steve Scalise were also re-elected. The conference chairmanship is considered the Number Four position in leadership.
McMorris Rodgers won re-election last week to a sixth term with about 60 percent of the vote. Her Democratic opponent Joe Pakootas unsuccessfully challenged her leadership position as a sign that she was more in touch with Washington, D.C., than the voters of her Eastern Washington district. McMorris Rodgers countered that it gave her “a place at the table” to raise local and regional issues when legislation was being discussed.
OLYMPIA – Gun rights activists plan to bring their firearms to the Capitol next month in an effort engage in civil disobedience by violating the new background check law that they despise.
But there may be a flaw in the plan. What they say they’re going to do – “openly exchange guns” by handing them to someone else – isn’t against Initiative 594, according to Bob Calkins of the Washington State Patrol, which provides law enforcement on the Capitol grounds. They’re not going to be arrested or cited for doing that. . .
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Scott Chesney, Spokane’s planning director who was abruptly ousted from his position last week, said today he was taking the “high road” and ending his role at the city.
Chesney did not give details on why he was forced to resign, but his silence is in line with that of Mayor David Condon and Jan Quintrall, head of the city’s Business and Development Services and Chesney’s supervisor, who both said they could not comment on the matter due to personnel confidentiality.
“It’s not my first choice, but I understand that there are irreconcilable differences in approach within an organization,” Chesney said about his resignation in an email. “There’s a degree of sadness in this change, but also one of pride. I’m proud to call Spokane home, and pleased with what we accomplished on my watch.”
Hours after Chesney’s dismissal became public, influential developers began speaking out and calling for Chesney’s reinstatement.
Jim Frank, president of Greenstone Corp., which is developing Kendall Yards; Walt Worthy, developer of the Grand Hotel Spokane and Davenport Hotel owner; Ron Wells, who is attempting to redevelop the Ridpath Hotel; and Dave Black, who brought Target to the South Hill, all quickly rallied around Chesney. City Council members were quick to echo the sentiment, but Mike Fagan was the only member to refuse to sign a letter of recommendation for Chesney.
At a news conference Monday, Condon said Chesney wouldn’t return to City Hall and downplayed the concerns of a “handful of developers.” He also criticized the media for the “magnitude of interest” in Chesney’s ouster.
Read Chesney's complete statement below.
OLYMPIA – Two of the three members of the state board that oversees Washington’s liquor and marijuana laws will step down early next year.
Chairwoman Sharon Foster has informed Gov. Jay Inslee that she will not accept a reappointment to the Liquor Control Board when her term expires in January, and former state Sen. Chris Marr said he is leaving that month to take a position as a lobbyist. . .
This is a standard laugh-getter: Go out on the street, or in this case a college campus, and ask people questions that grade school kids should be able to answer, then chuckle when they can't.
But for these questions, and these students, it's a tossup whether this is funny or sad.
What do you think?
A few people have called or e-mailed to accuse the newspaper of making up quasquicentennial as a word to mean 125 year anniversary in this morning's story about Washington's birthday celebration.
To which we would say, truthfully, we're not that smart.
It's a real word, if somewhat limited in use. You could look that up in your Funk & Wagnalls, as they used to say on “Laugh-In”. Which would be a good place to start because Dr. Wilfred Funk did make up the word back in 1961 when someone wrote to ask what would be the proper term to call the town's 125th anniversary.
Funk based it on two Latin words that meant “plus a fourth”, squishing them together as two Latin words had been contracted in sesquicentennial, which is a 150th anniversary.
This comes from Robert Chapman's “American Speech”. It's amazing what you can find on the Internet in among all those cat videos.
Young “Keepers of the Capsule” take the oath Tuesday.
OLYMPIA –Washington marked its quasquicentennial Tuesday with an eye to the future, swearing in a new group of children charged with sending a bit of today to coming generations.
Quasquicentennials are 125 year anniversaries. They aren't quite as big a deal as when a state hits an even hundred, but state officials made the most of this anniversary with a three-hour birthday party in the Capitol Rotunda offering a range of events that backed up Gov. Jay Inslee's description of Washington as a place that embraces diversity.
A benediction sung by a member of Squaxins, the tribe native to the area of the South Sound where the Capitol is located.
The Olympia High School orchestra playing military anthems and the state's unofficial rock song, “Louie, Louie.”
A mariachi band from Yakima.
Square dancers from Seattle who stepped through several numbers, including a rendition of “You Keep Me Hanging On.”
But the stars of the party were some 135 young volunteers who took an oath to be “Keepers of the Capsule” and carry on the task of adding to the state's time capsule that will be opened in 375 years.. .
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John Oliver has fun with the latest innovation for getting salmon back to their spawning grounds.
Parking is free in Spokane today in honor of Veterans Day.
Washington state parks are also free, for the same reason.
Giving the rest of us two more things for which to thank veterans. Two small things, to be sure, compared to thanks for their overall service. But still…