Spokane7
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December 10, 2009 in City
Vote on Mobius was private
Park Board talks with nonprofit were approved in possible violation of law
Spokane Park Board President Gary Lawton acknowledged Wednesday that the decision to continue negotiations with backers of a proposed science center was made in private several months ago, a move that could have violated government accountability laws.
It is illegal under Washington law for governments to conduct votes in private “executive sessions.” Board members are allowed to discuss certain topics behind closed doors but must make any decisions in public.
The secret vote came to light in an open session of a Park Board subcommittee last month when members referred to a close vote made by the full board at an earlier meeting.
Interim Park Director Leroy Eadie, who was not in charge of the department when the vote occurred, said last week and again on Wednesday that he was unable to find a record of the vote in Park Board minutes. Minutes are not taken during executive sessions.
The 6-to-5 vote was in favor of continuing negotiations with Mobius Spokane to build a science center on parkland purchased as a result of a property tax approved by voters in 1999.
“From that session, it was decided that we were going to continue negotiating,” said Kimberly Morse, a Park Board member who has raised concerns about the financial sustainability of a science center.
Lawton and Morse said none of the Park Board members at the meeting understood that the action could constitute a violation of the Open Meetings Act and no one in the room raised concerns.
Tim Ford, open government ombudsman for the state attorney general’s office, said he knows of no condition in which votes are allowed to be taken in executive sessions.
The 6-5 vote followed a 4-6 vote against moving forward, but in a second tally, one vote changed, Lawton said, resulting in a 5-5 vote. The Park Board president breaks ties, and Lawton said he cast the deciding vote in favor of continuing negotiations.
The decision led to continued negotiations with Mobius Spokane to rewrite a deal that allowed Mobius to use park land to build a science center. That effort resulted in the Park Board voting in August in favor of a new contract. A request to modify the August agreement, however, has caused further division about the issue on the Park Board.
Some Park Board members gave varying accounts of the meeting. For instance, City Councilman Bob Apple, who also serves on the Park Board, said he remembers no votes ever taken in private. Other members said given that the vote was months ago, they couldn’t confirm if a tally was conducted in public or private.
The board is expected to discuss the Mobius contract at a meeting today.
Lawton said he was uncertain exactly when the vote occurred, but he said it was after Mobius missed a May 2008 fundraising deadline.
Mobius had agreed to raise $14 million by the 2008 deadline. Instead, the group had raised less than $11 million.
MAC faces angry crowd 
Fuschia on December 10 at 5:44 a.m.
I am flabber gasted that not a single person on the Park Board figured out their actions were illegal. 10 or 11 appointed citizens fail to know/understand basic governmental functioning.
Do we not train these people after being appointed to these positions about basic Open Meeting/Public Disclosure laws?
Another reason why these meetings should be recorded and then sealed so that for future introspection by a judge can be performed. That law was nixed by our legislators.
We elect incompetent officials to appoint ignorant people to these boards. No wonder why we are in so much trouble.
Truthbtold on December 10 at 6:26 a.m.
Yes they are semi-trained and are giving a “manual” so to speak. Plus, If I am not mistaken, all but one of them are not strangers to the board, meaning they have severed for numerous terms.
This is yet another attempt to keep the citizens in the dark. If someone does not file a complaint I will. Although I am sure someone is already on it.
Smells of “good ole boy” or “gal” system that we have grown accustom to.
Spokane, we deserve better. TAKE A STAND, OR A CALL OR E_MAIL. But please, do not take this lying down.
THEY WORK FOR US!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
liarsinnews on December 10 at 7:27 a.m.
I wonder if these clowns had ski masks on when they broke the law.
ChefGus/ John Olsen on December 10 at 8:04 a.m.
Shannon Sullivan is spot on here … these “inside” folks all know very well what they are doing and who they are doing it for…. the connections in this black hole of a city that are nefarious are multiple…
A big thanks to Ron The Cop , a retired police detective for forcing this dark issue into the light of day… Problem is that Mr Tucker our County Prosecutor is on the “inside” too… and he is either incompetent, allegedly and alcoholic, and culpable in multiple failures to prosecute.
Don’t expect anything to be done….. They even remove posts from the blogs that point these things out…. Keep after em though… John A Olsen Shalom Ministries
Fuschia on December 10 at 9:55 a.m.
Tim Ford of the ATG’s office is somewhat culpable. He only responds when he gets a big fish like this, rarely if ever responds if its something as ubiquitous as the City of Auburn’s Public Disclosure request form is illegal or that the Ritzeville District court requires you to inform them, who you are, why, how and what you want a public document for.
On the other hand Ford may have way too many fish to fry considering how crooked our governments are.
Ron_the_Cop on December 10 at 2:05 p.m.
Thanks for the confidence ChefGus. For those interested you can read more here:
MOBIUS PROJECT - Brunt’s vs. Connor’s version you decide
http://friendsofmarkfuhrman.org/blog/?p=185
I tried to give Brunt kudos on his last article for including things that Camden hadn’t reported before re the MOBIUS Project but my comment was pulled. In these articles I find it amazing that the City Attorney’s Office is participating in these meetings.
As I wrote Mayor Verner after Brunt’s last article:
Dear Mayor Verner,
I’m sure by now you’ve read Tim Connor’s article regarding Tuesday’s meeting of the Park Board’s MOBIUS Subcommittee. I’ve openly copied you with some of my other emails on this topic. I just wanted to go on the record with you about the involvement the City Attorney’s Office. Mind you I have no confidence in this Office’s ability to fairly represent the interests of the citizens, taxpayers, and stakeholders of the City of Spokane. This was plainly evident in the RPS Bond Fraud, RPS Bailout, their cover-ups, and the subsequent manslaughter death of Jo Savage that was the direct the result of this ongoing criminal enterprise (RICO). The MOBIUS Project has all the same earmarks of RPS et al with the use of an alleged nonprofit that in fact was a shill of this criminal enterprise as determined by the IRS. . .
From Connor’s reporting we again have secret meetings to consider this MOBIUS Project Lease that I agree with Apple should have been dead on arrival. The Machiavellian manoeuvring by the players with the assistance of the City Attorney’s Office to subvert the intent of Section 48 of the City Charter is beyond the pale. The former Barbieri property (Broadview Dairy) was purchased with 1999 Park Bond money. This property was heavily touted by all including the S-R to expand Riverfront Park. This coy work around by allowing sub-leasing is a fraud - “call a shovel a shovel.” This is a gifting of public funds to benefit a few of Spokane elites yet again.. I know you have little statutory authority/control over the Park Board but the City Attorney works for you. I find it despicable that the City Attorney Office was meeting in private with MOBIUS Project members with a few park board members to negotiate against the interests of the citizens/taxpayers of Spokane.
Mayor Verner you must act to put a stop to this activity immediately. The City Attorney’s Office works for the citizens of Spokane and not the Cowles family.
Fuschia on December 10 at 8:43 p.m.
In a better day and time, the citizens would have gathered to string them up and dumped them over the Monroe St. Bridge. Or perhaps even better, erected stocks in our Riverfront Park and let the citizenry exercise their throwing arms with over ripe fruits and vegetables.
Do you expect our City Attorney or perhaps the County Prosecuting Attorney to do anything? Heck no, they cant even prosecute plain and simple murder that was recorded by 6 (or was it seven camera’s Asst. Chief Nix?) by our SPD.
ChefGus/ John Olsen on December 11 at 12:11 a.m.
Well… when a city can’t even generate a popular interest in the budget issues by showing up for discussion and modification of the various cuts we need to make… ( that is a non rancorous engagement with our city leaders)….. how does one expect any movement of a “storming of the Bastille” to gain enough proponents?? the whole culture of “Bread and Circus” keeping all of the regular folks happy has worked…. and will continue to work….
Mayor Verner and other’s are counting on no “Outside” intervention…. our best bet here in my view is to get a new County Prosecutor in place as soon as possible..
Mr Weber who was a candidate for the Police Ombudsman was an outstanding possibility for the job.. j ..
Fuschia on December 11 at 5:45 a.m.
I wonder if Archibald Cox or Ken Starr are available?