Board’s closed session taped

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  • Thursday, February 21, 2008 12:24pm

LYNNWOOD — An employee of a video electronics chain was cited for secretly recording a closed-door executive session at a South County Public Facilities District meeting Sept. 18, police said.

Jerold McGlothlin, vice president of sales for Seattle-based Video Only, was cited with a gross misdemeanor after PFD board members saw a running tape recorder sticking out of a briefcase he had left in the room where the executive session was being held, the police report states.

McGlothlin, 37, of Spanaway, denied purposely taping the meeting, which involved conversations about the process of eminent domain or condemnation of the Lynnwood Video Only property at 3703 196th St. SW, the police report says.

That property and four others are in the process of being acquired to build a convention center in Lynnwood.

McGlothlin was cited with recording a private conversation without the knowledge or approval of all parties involved, police said. He faces up to a year in prison and/or up to a $1,000 fine.

An executive session is a private meeting for public entities to discuss sensitive issues, as defined by state law, such as real estate, contracts and personnel.

The police report says McGlothlin initially admitted he had started the recorder.

“McGlothlin then changed his version of the events several times, stating he might have turned it on but couldn’t remember, and then stated that the recorder comes on by itself sometimes when he throws it in his bag,” the police report states.

An officer listened to the recording and confirmed that it recorded the Sept. 18 meeting, including the closed executive session, the police report states.

“The voices could be heard discussing strategy regarding issues related to McGlothlin’s business interests,” the report states.

According to the police report, McGlothlin wanted to file charges for illegal search and seizure against the board member who removed the digital tape recorder from his brief case. McGlothlin also said he was missing a $20 bill.

McGlothlin didn’t return phone calls seeking comment.

According to the police report and Bill Evans, executive director of the PFD, McGlothlin was the only member of the public at the open portion of the meeting and was asked to leave during the executive session.

Approximately 25 minutes into the private meeting, it was observed that McGlothlin’s briefcase was still in the room.

The PFD’s attorney was called back into the room to seek advice, and they called 911.

Catherine Clark, attorney from the law firm of Williams and Williams, which is representing Video Only in the condemnation hearings, said McGlothlin is upset about the accusations.

“There are two sides to this story,” Clark said.

She added that Video Only recently purchased the property where Video Only is housed. Previously, the store had leased the property.

“Video Only made a business decision to buy the property,” Clark said, adding that negotiations started after they were notified the building would be condemned in May.

Clark said Video Only officials believe their property “isn’t appropriate or necessary for the convention center” and don’t want it condemned or sold at this time.

The PFD and the company were scheduled to discuss this issue Sept. 26 in a hearing at the Snohomish County Courthouse, after the Enterprise deadline.

Other properties the PFD is interested in acquiring are buildings housing Bucky’s Mufflers, Radiator and Brake Center, Fantasy Nails, Smokin’ Sams and Meineke Discount Mufflers.

Plans for the convention center show the corner of 36th Avenue W. and 196th Street SW being the facade of the Lynnwood Convention Center, and is referred to as “the gateway to Lynnwood.”

Evans estimated construction could start next summer and be completed by the end of 2004.

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