County’s planning chief turns whistleblower

Spokane County Building and Planning Director Jim Manson has filed a legally protected “whistleblower” complaint against the planner who lodged a successful complaint against him.

Manson said in an e-mail Thursday to county Prosecutor Steve Tucker that a newly discovered e-mail from planner Bruce Hunt to County Commissioner Bonnie Mager in May was “subversive” as well as inaccurate and possibly a violation of the state Public Records Act.

The e-mail to Mager was about a month after county commissioners ruled Hunt was right when he accused Manson of several improper actions, including allowing a day care center in an airport crash zone and granting a zone change by ordering a map to be redrawn.

Hunt’s use of a private e-mail account to send advice to Mager at her private e-mail address “has the appearance of a deliberate attempt to hide official actions from public scrutiny,” Manson told Tucker and his chief civil deputy prosecutor, Jim Emacio.

“That’s ridiculous,” Mager said, noting commissioners routinely consult staff members. “It was Sunday and I used my home (e-mail) address. … There was nothing to hide. I simply asked a question.”

Mager said she also sought advice from Assistant Building and Planning Director John Pederson and, she thinks, another planner. She said she dropped the issue when she was convinced land owner Carlos Landa’s Blue Grouse subdivision had obtained legally “vested” rights and couldn’t be stopped.

Hunt offered Mager advice on how she might try to block a 207-home subdivision other commissioners say they inadvertently allowed in a Spokane International Airport crash zone. Manson’s complaint contends some of Hunt’s suggestions involved unlawful or improper actions.

Hunt fired back Sunday afternoon with an e-mail to Tucker and Emacio, claiming someone tapped his home telephone to gain access to his personal e-mail account.

Noting Manson has the ability to read employee e-mails on the county computer network, Hunt said “it appears obvious that Mr. Manson has also been provided the technology to hack into my personal home e-mail account.”

Manson said in an interview that someone – he doesn’t know who – left a copy of Hunt’s e-mail to Mager on his desk while he was out of his office.

Hunt’s counter-complaint to Tucker and Emacio says if they’re going to investigate his e-mail to Mager, they should consider a similar one he sent to Commissioner Todd Mielke five weeks earlier.

Hunt attached a copy of a lengthy memo in which he counseled Mielke against trying to help a young couple whose plans to build a house on three acres were crushed when commissioners fixed the blunder that allowed 207 houses on 46 acres. Carving out an exception for Evan and Tabitha Babin could set a precedent developers would exploit, Hunt warned.

Mielke said Hunt’s e-mail was in response to a staff meeting at which he asked planners for strategies to help the Babins, “as opposed to a list of, ‘Here are all the reasons I don’t want to do this.’ “

Like Mager’s message from Hunt, Mielke’s was sent from Hunt’s home account. But Mielke noted Hunt’s message to him was sent to his official county e-mail address.

Mielke said commissioners have county-issued laptop computers for remote access to their e-mail accounts, and commissioners are advised not to use private accounts for discussions that may affect public business. Attorneys say messages received at home accounts should be publicly documented, he said.

Hunt told Mager he thought the Blue Grouse subdivision could be stopped. He suggested a resolution to close the crash-zone housing loophole permanently should include language that would allow county Hearing Examiner Michael Dempsey to block the subdivision.

Hunt called for returning the developer’s fees and directing Dempsey to “hold off on any finalization of Blue Grouse.” He also encouraged Mager to ask airport manager Neal Sealock and state officials to address the issue at a June 19 public hearing.

“He was only answering his boss’s question,” Mager said. “I asked a question of my staff and they gave me their opinion.”

She said Manson’s complaint disregards public safety. “How do you put property rights in front of public safety?” she asked.