Snohomish County Councilman Jeff Sax is being scrutinized for allegedly leaking secret documents outlining a proposed $70 million deal to end the county’s opposition to King County’s massive Brightwater sewage treatment plant.
Prosecuting attorney Janice Ellis on Friday said the state Attorney General’s Office has agreed to oversee an independent investigation to determine how the documents wound up in the possession of Brightwater opponents. Detectives from the Washington State Patrol likely will join the inquiry, Ellis said.
“It is my understanding that a citizen has obtained attorney-client-privileged documents, and the allegation is that she obtained them from a (county) council member,” Ellis said.
Ellis said she was told evidence suggests that Sax distributed the records, which were marked “confidential.” They were given out to County Council members earlier this week during closed-door negotiations about the potential for resolving lawsuits that have arisen surrounding Brightwater, which would be built in south Snohomish County.
Ellis said an independent investigation is necessary to ensure there is no perceived conflict of interest. The prosecutor’s office serves as the civil attorney for Sax and other elected county officials.
“I think what is important is to have a third-party entity look at the conduct that is alleged and to assess whether there has been a violation of state law or other legal principles related to an individual’s fiduciary duties, ethical obligations, etc.,” Ellis said.
Sax on Friday declined to discuss whether he had leaked the records. He said his comments will come once the County Council votes on Brightwater’s future.
“We need to ensure the public has ample opportunity to talk to us about such an important decision,” Sax said.
County officials learned of the leak on Thursday when environmental activist Corinne Hensley filed copies of the confidential Brightwater documents as part of her testimony on the county’s proposed plans for managing growth.
“I wanted to make sure it was in the public record,” Hensley said.
She was questioned after the hearing by a deputy prosecutor, and said Sax had supplied the records. She told reporters the same on Friday.
Hensley said Sax passed her the documents Wednesday while she and another Brightwater opponent were outside council chambers filling out a public records request seeking access to information about the project.
“Sax came by, shook our hands and dropped a piece of crumpled paper by us – on the sofa we were sitting on,” Hensley said. “We didn’t know what it was. He basically said, ‘You didn’t see this.’”
Hensley said she didn’t realize she had been given a copy of the proposed Brightwater settlement until after she got in her car about 30 minutes later.
County Councilman Kirke Sievers, a Democrat, said that on Monday he watched Sax, a Republican, carry copies of the confidential Brightwater documents from County Council chambers. That’s a breach of council protocols, Sievers said, adding that he told County Council Chairman Gary Nelson, a Republican, about what he considered a misstep.
“Any material handed out with the heading ‘confidential,’ even if you make notes, you hand back to the prosecutor before you leave the room,” Sievers said. “We’ve always done that.”
Although both Sax and Hensley oppose Brightwater, the two are at opposite ends of the political spectrum on most other issues.
Before targeting Brightwater, Hensley was the complainant in at least 11 appeals of county and city decisions to the Puget Sound Growth Management Hearings Board between 1994 and 2003. She is a past president of the Little Bear Creek Protective Association and has waged battles against development in the Maltby area.
Hensley said she supports Dave Somers, Sax’s Democratic opponent, in the upcoming County Council election. She has a Somers sign in her front yard and a Somers placard in her car. Sax defeated Somers in the 2001 election.
Hensley said she doesn’t know why Sax gave her the document, but said he has asked her to vote for him in the past.
The proposed settlement agreement discusses in detail what Snohomish County officials expect King County to do regarding Brightwater. That includes the purchase of specific parcels of land where parks would be developed or where streams would be protected.
Officials in Snohomish and King counties said the deal isn’t yet official.
“It’s all draft, it’s a working document that hasn’t been approved by anybody,” Nelson said.
Because the deal isn’t yet final, it would be improper for him to discuss details, he said.
Since 2000, the two counties have been negotiating over earthquake safety, odor control and how much King County should pay for the impact the project will have on Snohomish County residents.
Brightwater project director Christie True said King County will continue to negotiate in good faith.
“We’ve had very constructive discussions on it,” she said.
Reporter Lukas Velush: 425-339-3449 or lvelush@ heraldnet.com.
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