EDMONDS — The City Council on Nov. 1 censured one of its own after meeting for two hours behind closed doors in an executive session.
Councilman D.J. Wilson acted inappropriately as a mediator in the personnel dispute in September between the city and Kimberly Cole, Mayor Mike Cooper’s executive assistant, according to the resolution approved by the council.
Wilson had a personal, political and professional relationship with Cole that should have precluded him from brokering a contract in September obligating the city to pay Cole $65,000 and a year of health insurance for her resignation. That deal was eventually voided by the council.
A censure carries no legal weight; it is simply a public reprimand.
The exact nature of Wilson’s ties with Cole were not made clear in the public portion of the meeting. Wilson said the censure resolution was inaccurate and legally flawed.
“This is the most irresponsible act this council has taken in in my time in office* I’ve been in office,” Wilson said. “I have done nothing wrong. I acted with the approval of our city attorney. This is entirely politically motivated, nothing more. This distraction does nothing but hurt the citizens of Edmonds.”
He asked several times for a public hearing to discuss the matter. Councilwoman Lora Petso made the motion to set a hearing date but the motion failed due to the lack of a second.
“I choose not to participate (in the discussion) without a public hearing,” Petso said before leaving the meeting. “I don’t want to be charged with a gross misdemeanor. I’m done.”
The council then voted 5-1 to approve the censure. Wilson cast the lone dissenting vote.
Cole, a Lynnwood city councilwoman, is a longtime friend and political ally of Cooper. She worked for him when he served on the Snohomish County Council. When he became mayor last year, Cooper hired her to be his executive assistant.
Over the past several months, City Hall has been embroiled in controversy. Cole claimed a hostile work environment. The state auditor is asking for her payroll records. Cooper fired the city’s long-time human resources director. Since the council voided the contract with Cole, she’s been on paid leave until an investigation into her workplace harassment charges is completed.
At Tuesday’s meeting, Wilson said Cooper asked him to mediate the deal with Cole. He also said Sharon Cates of The Lighthouse Group, which acts as the city’s attorney, authorized his actions. He insisted that he was not acting on behalf of council, but rather as a private person.
Councilman Steve Bernheim countered that prior to the vote voiding the city’s deal with Cole, Wilson disclosed that he had a personal and professional relationship with Cole. What Wilson failed to inform council and the public was that he had mediated the agreement between the city and Cole. Wilson also voted to void the deal that he helped broker.
Wilson retained an Edmonds lawyer who wrote that Wilson was entitled to a public hearing on the censure. City attorney Jeff Taraday of the Lighthouse Group disagreed, saying that the Nov. 1 meeting was a public forum. He also said testimony from the public wouldn’t shed any light on the matter, because only Wilson, Cooper, Cates and Cole were at the meeting with Cole’s attorney on the phone.
“Wilson has been given a full and fair opportunity to be heard and if there are inaccuracies in the censure Wilson should have every opportunity to be heard,” Taraday advised the council during the meeting.
Still Wilson objected, wanting a public hearing.
“We held five public hearings to ban plastic bags. I think I should at least get one.” Wilson said.
*Correction, Nov. 4, 2011: This article originally misquote Wilson about how long he’s been in office.
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