Under fire, Olson takes leave

Published 10:55 pm Tuesday, September 18, 2007

EVERETT — Just as his colleagues were ready to discuss censuring him, embattled City Councilman Mark Olson announced he would go on an extended leave of absence to take care of “health and other significant personal issues.”

Olson, under investigation for allegations of sexual assault, also resigned his position as vice president of the seven-member council.

“I apologize to the people of the city of Everett, and to my colleagues on the City Council and administration that allegations regarding my personal conduct have caused any distraction from our public business,” he wrote. “I am also sorry for the pain and embarrassment these matters have brought to my family and friends.”

When reached for comment, Olson maintained his innocence in the sexual assault investigation, but said he needs to take the time off.

The council is scheduled to talk about Olson and his absence today at 6:30 p.m. at the Everett City Council Chambers, 2930 Wetmore Ave. The council is expected to appoint a new vice president and may discuss appointing a temporary replacement to fill Olson’s place. Olson said he thinks those are both appropriate moves.

At least one councilman is directly calling for Olson’s ouster.

“His political career is pretty much over and he would do himself and his colleagues on the council a big favor by admitting that,” City Councilman Arlan Hatloe said. “I think he should resign. It’s very disappointing to see what’s unfolded. To spare the rest of the council, the staff and the city government further embarrassment, I think he should step down.”

Other council members are critical of Olson, but the council lacks the authority to order his resignation.

Olson, 52, an Everett personal injury attorney, was first elected in 2001 and re-elected in 2005.

He stands accused of sexually assaulting a woman at his downtown Everett law office in June after a night of drinking. He acknowledges having intercourse with the woman, but said the sex was consensual.

The woman told police that she doesn’t remember consenting to a sexual encounter and believes she was too impaired to do so.

Skagit County prosecutor Rich Weyrich on Tuesday said he continued to review the investigation that was conducted by the Washington State Patrol. No charges have been filed.

Last week, a Cascade District Court judge in Arlington found that Olson violated a probation order stemming from a 2003 drunken-driving arrest on the Tulalip Indian Reservation when he nearly hit a tribal police officer who had stopped another vehicle, police said. A test allegedly showed Olson’s blood-alcohol level was nearly twice the legal limit of .08.

Instead of being ordered to jail, Olson was required to stay away from alcohol until 2008. He contends that he was told the agreement allowed him to resume drinking in 2005.

The judge last week ordered him to stay sober until 2010, to undergo another drug and ­alcohol evaluation and to comply with any recommendations set forth by his probation officer.

Olson said he has not yet been evaluated and he said on Tuesday that he does not believe he has a drinking problem.

Even so, Hatloe said, violating the court order not to drink undermines the public’s trust.

But the court of public opinion is not enough to force a sitting city council member out of office.

The Everett City Charter gives the council the binding authority to force out a council member only if he or she is convicted of a felony crime “involving moral turpitude,” city attorney Ned Johnston said.

Johnston said the charter is silent on whether council members can pass a resolution censuring or admonishing a fellow council member.

Olson’s extended leave is allowed as an excused absence, so he cannot lose his seat for missing meetings, Johnston said.

Council President Brenda Stonecipher said issuing a letter asking Olson to step down is within the realm of possibility at tonight’s meeting.

“When we take our oath of office, we vow to uphold the law of the city and the state,” Stonecipher said, adding that Olson’s consumption of alcohol against a court order is “clearly in violation of that.”

“Most of us expect better of ourselves. More importantly, from what we’ve seen in letters to the editor in the newspaper, our citizens expect more of us.”

City Councilman Paul Roberts said he has fielded calls from residents asking the council to remove Olson from office, but has explained that the charter, for good reason, ties the council’s hand from casting-off members with a majority vote.

Even so, Roberts said: “This action is appropriate and there may be a need for Mark to consider stepping down.”

City Councilman Drew Nielsen declined to comment, saying it would not be appropriate to talk about the issue until tonight’s meeting. Councilman Ron Gipson could not be reached for comment.

Councilman Bob Overstreet, who has served on the council for 30 years, first met Olson in the late 1970s when Olson was a high school intern for former Mayor Robert Anderson.

Overstreet, who said he considers Olson a family friend, said he has had “long personal conversations” with Olson about his latest troubles that have been played out in the public spotlight.

But he said he has not asked Olson to resign and does not intend to.

“I told him that may be the best thing for the city,” Overstreet said. “It’s his decision and I, as a councilman, am not going to say anything.

“I’m hoping his personal life can get straightened around.”

Reporter David Chircop: 425-339-3429 or dchircop@heraldnet.com.

Herald Reporter Diana Hefley contributed to this report.