City may get West’s legal bills

Spokane Mayor Jim West’s private legal bills stemming from allegations of sexual misconduct in office may be left for city taxpayers to pick up.

City Attorney Mike Connelly said the city generally pays individual legal costs incurred by its elected officials. State law and city code may allow for the reimbursements, but the City Council would have to approve payment.

West has assembled a team of Spokane lawyers, including attorneys Bill Etter and Michael McMahon, to defend him in a recall petition, a preliminary FBI investigation and an internal city investigation stemming from allegations that West used his office to solicit dates from young men.

Etter has been acting as spokesman for the group, but reportedly was in trial in Seattle this week. West has not been available, city officials said.

An investigation published by The Spokesman-Review beginning May 5 included allegations that West molested two boys in the 1970s when he was a deputy sheriff and a Boy Scout leader – allegations West denies – and that he sought dates online over a Gay.com chat line, offering gifts, favors and positions at City Hall.

The FBI has undertaken a preliminary investigation. City officials have seized West’s office computer and computer transactions on the city’s network, including any copies generated through the mayor’s use of the network at home, Connelly said.

Connelly said he is researching state law to determine whether the city is in the position of paying for West to defend himself.

The City Council would be asked to authorize any payments of legal bills.

Meanwhile, council members remained divided Tuesday in their calls for West to either resign or take a formal leave of absence. The council cannot force the mayor from office.

Only a recall petition and public vote can remove him from office, an effort considered difficult because of the way the recall law is written. Any resignation would be voluntary by the mayor.

Council members appear to be falling into three distinct camps: those calling for resignation, those favoring an administrative leave and those taking a wait-and-see approach.

Councilwoman Cherie Rodgers said she plans to introduce a resolution Monday calling for the mayor to resign, even though it is unlikely to pass because only she and Councilwoman Mary Verner have publicly called for West’s resignation.

On Monday, the council split 3-3 on a resolution calling for the mayor to take a formal leave of absence, which would allow council President Dennis Hession to assume mayoral duties temporarily under the City Charter.

The resolution was supported by Hession and Councilmen Joe Shogan and Al French.

Councilman Brad Stark was absent and on vacation in Mexico. He was contacted by the newspaper by e-mail Tuesday, and said he is opposed to a call for a formal leave.

“There are currently multiple investigations under way,” Stark said. “Let those investigations continue on and find out what comes of them. Then, if it is appropriate, the council should act.”

Councilman Bob Apple has taken a similar position.

Rodgers said she has been in touch with recall advocates and may get involved in a recall effort.

A recall petition submitted last week by a North Side woman was rejected by the prosecuting attorney’s office Monday because it did not include a sworn statement from the woman filing the charge. A recall petition alleging malfeasance or misfeasance must be approved by a judge, and then taken out for signatures of 12,567 registered city voters before it could be put to voters. The petition would be subject to appeal by West’s attorneys, which could slow the process, officials said.

Hession said he is filling in for the mayor at various events, including a mayor’s prayer breakfast Friday and Lilac Festival events through Saturday evening’s parade. He said all types of city business, not just ceremonial duties, are hampered by West’s absence. West on May 9 announced he was taking a leave similar to a vacation for a few weeks to prepare a defense against sexual misconduct allegations.

In the meantime, city attorney Connelly finds himself in the unusual position of organizing an investigation into the activities of the mayor who has power to fire him. Connelly on Tuesday promised an independent investigation of the mayor.

He said the hard drive was taken from West’s office computer and copies were made of all files generated by West that were available on the city’s computer network. Connelly said he is reviewing all of West’s e-mail to comply with public records requests from media organizations, including The Spokesman-Review. Some e-mail messages will not be released because they involve matters considered exempt by the state’s open public records act, he said.

However, independent investigators, who have yet to be hired, are likely to see nearly all of the e-mail and other computer material, although the investigators may have to sign a confidentiality agreement, Connelly said.

“It will be an independent investigation,” Connelly said.

“We will make sure the investigative group has access to all of the appropriate information.”