STA board’s settlement OK may be invalid

A bus vs. bicycle incident is costing the Spokane Transit Authority $825,000.

The out-of-court agreement, voted on last week by the STA’s board of directors in apparent violation of the state’s Open Public Meetings Act, settles Troy Porter Howard’s $13.3 million claim.

According to that claim, on Dec. 22, 2000, an STA bus ran over Howard, who was bicycling near the intersection of Rowan Avenue and Maple Street as the bus driver was attempting to pass him. The claim states that Howard suffered extensive injuries, mental distress and loss of enjoyment in his life as a result of the collision.

Howard filed a claim for general damages of $10 million, more than $300,000 in medical expenses, more than $1 million in lost wages and benefits and almost $2 million for lifetime care.

His injuries include a broken pelvis and organ damage.

The settlement addresses Howard’s claim and another filed on behalf of his minor daughter for her loss of relationship with her father due to his ongoing medical problems.

Howard declined to comment on the settlement.

That settlement may be invalid, because it appears the board acted on it in violation of the state’s Open Public Meetings Act.

“I think it’s an apparent violation of the statute if they reconvened a regular meeting at a time different than they said they would,” said Duane Swinton, attorney for The Spokesman-Review.

Washington state courts have ruled that actions taken in violation of the Open Public Meetings Act are null and void, but the board could legally vote again on the settlement at a later public meeting.

Board members announced at their monthly meeting last Thursday that they would adjourn to a closed-door executive session to discuss litigation issues and would resume their open meeting at 8 p.m.

In fact, they resumed that meeting 10 to 15 minutes prior to 8 p.m. and took action on the settlement. The meeting adjourned, and almost all of the board members had even left the room prior to the stated 8 p.m. resumption time.

Reviewing a videotape of the meeting, it was impossible to even hear the motion being made on the settlement because board member Brenda Redell turned away from the microphone as she spoke.

Howard expressed some concern that the board may have acted inappropriately and that such action might jeopardize his settlement.

The STA’s legal counsel, Laura McAloon, however, contends that the board acted within the law and that it was appropriate to reconvene the meeting before the stated time if the board was finished with its executive session business.

But board chairman Dick Denenny said that he wants to be absolutely certain that the board complied with state law.

“My first initial reaction to that is if we were in violation at all, I wouldn’t hesitate to bring it back up,” he said. “We would want to do anything necessary to be in compliance.”