Published: Saturday, August 7, 2010
Report on mayor kept secret
Lynnwood council may limit his powers before airing all its reasons
LYNNWOOD -- City officials continued Friday to refuse to make public a report that details alleged misconduct by Mayor Don Gough even though a vote is planned Monday that could limit his powers to manage the city.
If the City Council follows through with its plan and the report remains secret, it will be voting whether to strip an elected mayor of his authority without fully airing the reasons.
Lynnwood City Councilman Jim Smith on Friday said the problems are serious enough to warrant quick action even if public access to information is thwarted. He also acknowledged the council feels it needs to take action now because it has a planned recess, and doesn't expect to be back in session until September.
"This thing has a life of its own," Smith said.
The Herald sought the report about Gough under public records laws. Reporters also asked council members and city officials to share copies or what they know regarding the investigation's conclusions. All the requests were denied.
Instead, officials said they were advised by a special attorney hired by the council to give Gough up to 10 days to consider taking legal action to try to block disclosure of the report.
They said their deadline for Gough is 5 p.m. Thursday -- three days after the council's scheduled vote.
The city's 10-day deadline is not part of state public records law nor is it found in the city's written policy for handling public records.
"There is not a specific statutory provision relating to the 10-day notice period," assistant city attorney Katie Weber acknowledged Friday. Bottom line: She said the City Council could release the report if it so chooses.
That needs to happen, said Toby Nixon, president of the Washington Coalition for Open Government.
"Absolutely this should be released," he said. "The public ought to know what's in the report and what the council's voting on, and the council ought to know what it's voting on."
Nixon offered some explanation for how public records law works in Washington. The law allows the city to inform the person named in the records -- in this case, Gough -- that the report may be released. The city can delay releasing the records while Gough decides whether to seek a court injunction.
The law doesn't dictate a timeframe for the mayor to make that decision, only that it must be "reasonable."
"That 10 days is something they've decided on their own," Nixon said of the city.
Gough has not returned repeated phone calls seeking comment. He is a lawyer, so he could file his own injunction -- which would speed up the process, Nixon said.
Nixon's group lobbies for government around the state to conduct the public's business in the open. He suggested that people who want to see the report about the mayor file their own public records requests with Lynnwood. Based on experience, the more people who file, the more likely and more quickly an agency is to release the records, he said.
Council members and Gough received copies of the report on Monday. The council members said they were advised by Eileen Lawrence of Seattle, the attorney they hired to assist with the investigation of the mayor, not to release the document without giving Gough 10 days to object. The special attorney also prepared the first draft of the resolution calling for the mayor's resignation.
Councilwoman Kimberly Cole said the council might have decided to release the report if they'd known they had legal authority to immediately make it public.
She also said there were worries about protecting themselves and the city from legal headaches.
"Part of the problem we, as a council, have is there are some real concerns about retaliation" from Gough, Cole said.
The council sought the investigation of Gough in April after his administrative assistant, Stephanie Simpson, accused him of demeaning and belittling her. The city paid Simpson $49,500 and three months of benefits and she left her job.
The resolution scheduled for consideration Monday not only asks Gough to resign but mandates sweeping change in the city's employment policies and practices. It would require virtually all hiring, promotion or disciplinary action now under Gough's control to first be submitted for review and confirmation by the council.
Gough's relationship with the council has been tense since he became mayor in 2006. Council members repeatedly accused Gough, who was re-elected last year, of withholding or delaying requested information, claims he has denied.
Tensions with the council escalated earlier this year, when budget projections revealed the city faced a $5.5 million budget hole through 2010. Finance director John Moir resigned in March, after particularly heated council budget meetings.
So far, the city has paid $31,375 to the Seabold group of Seattle for the investigation and report, city clerk Lisa King said. She did not immediately know how much has been paid to the attorney hired by the council.
Assistant Police Chief Karen Manser said she is familiar with the investigation, which she said has included more than 50 interviews with multiple city employees.
"I really want the public to know it's not about bad blood between the mayor and council; it goes much deeper than that. This is about the employees," she said.
Vote Monday
The City Council is scheduled to vote on a resolution calling for Mayor Don Gough's resignation at 7 p.m. Monday at City Hall, 19100 44th Ave. W.
If the City Council follows through with its plan and the report remains secret, it will be voting whether to strip an elected mayor of his authority without fully airing the reasons.
Lynnwood City Councilman Jim Smith on Friday said the problems are serious enough to warrant quick action even if public access to information is thwarted. He also acknowledged the council feels it needs to take action now because it has a planned recess, and doesn't expect to be back in session until September.
"This thing has a life of its own," Smith said.
The Herald sought the report about Gough under public records laws. Reporters also asked council members and city officials to share copies or what they know regarding the investigation's conclusions. All the requests were denied.
Instead, officials said they were advised by a special attorney hired by the council to give Gough up to 10 days to consider taking legal action to try to block disclosure of the report.
They said their deadline for Gough is 5 p.m. Thursday -- three days after the council's scheduled vote.
The city's 10-day deadline is not part of state public records law nor is it found in the city's written policy for handling public records.
"There is not a specific statutory provision relating to the 10-day notice period," assistant city attorney Katie Weber acknowledged Friday. Bottom line: She said the City Council could release the report if it so chooses.
That needs to happen, said Toby Nixon, president of the Washington Coalition for Open Government.
"Absolutely this should be released," he said. "The public ought to know what's in the report and what the council's voting on, and the council ought to know what it's voting on."
Nixon offered some explanation for how public records law works in Washington. The law allows the city to inform the person named in the records -- in this case, Gough -- that the report may be released. The city can delay releasing the records while Gough decides whether to seek a court injunction.
The law doesn't dictate a timeframe for the mayor to make that decision, only that it must be "reasonable."
"That 10 days is something they've decided on their own," Nixon said of the city.
Gough has not returned repeated phone calls seeking comment. He is a lawyer, so he could file his own injunction -- which would speed up the process, Nixon said.
Nixon's group lobbies for government around the state to conduct the public's business in the open. He suggested that people who want to see the report about the mayor file their own public records requests with Lynnwood. Based on experience, the more people who file, the more likely and more quickly an agency is to release the records, he said.
Council members and Gough received copies of the report on Monday. The council members said they were advised by Eileen Lawrence of Seattle, the attorney they hired to assist with the investigation of the mayor, not to release the document without giving Gough 10 days to object. The special attorney also prepared the first draft of the resolution calling for the mayor's resignation.
Councilwoman Kimberly Cole said the council might have decided to release the report if they'd known they had legal authority to immediately make it public.
She also said there were worries about protecting themselves and the city from legal headaches.
"Part of the problem we, as a council, have is there are some real concerns about retaliation" from Gough, Cole said.
The council sought the investigation of Gough in April after his administrative assistant, Stephanie Simpson, accused him of demeaning and belittling her. The city paid Simpson $49,500 and three months of benefits and she left her job.
The resolution scheduled for consideration Monday not only asks Gough to resign but mandates sweeping change in the city's employment policies and practices. It would require virtually all hiring, promotion or disciplinary action now under Gough's control to first be submitted for review and confirmation by the council.
Gough's relationship with the council has been tense since he became mayor in 2006. Council members repeatedly accused Gough, who was re-elected last year, of withholding or delaying requested information, claims he has denied.
Tensions with the council escalated earlier this year, when budget projections revealed the city faced a $5.5 million budget hole through 2010. Finance director John Moir resigned in March, after particularly heated council budget meetings.
So far, the city has paid $31,375 to the Seabold group of Seattle for the investigation and report, city clerk Lisa King said. She did not immediately know how much has been paid to the attorney hired by the council.
Assistant Police Chief Karen Manser said she is familiar with the investigation, which she said has included more than 50 interviews with multiple city employees.
"I really want the public to know it's not about bad blood between the mayor and council; it goes much deeper than that. This is about the employees," she said.
Vote Monday
The City Council is scheduled to vote on a resolution calling for Mayor Don Gough's resignation at 7 p.m. Monday at City Hall, 19100 44th Ave. W.
Comments
(
