Action on a lawsuit alleging violations of the state Open Meetings Act by three current and one former member of the Shoreline City Council could be delayed — again.
A King County Superior Court hearing is scheduled for June 1 on the suit that alleges council members Maggie Fimia, Bob Ransom, Janet Way and former Councilman John Chang violated the law on numerous occasions from Dec. 5 through Dec. 27, 2005.
The violations were related to the dismissal of former city manager Steve Burkett and the hiring of a replacement, according to the suit.
The June 1 hearing is scheduled to hear arguments on a request for summary judgment that the law was broken. The suit and motion were filed by Shoreline attorney Michael Rasch, representing Connie King and Kevin Grossman, both former council members, and John D. Hollinrake Jr.
In his request, Rasch also is asking Judge Sharon Armstrong to split the case and hold a separate hearing on whether the violations were intentional.
However, Steve DiJulio, a Seattle attorney hired by the city to defend the case, filed Monday, May 14, for a continuance in King County Superior Court.
“We’ve advised that we’re not available (June 1),” DiJulio said Monday. “We have a previously scheduled commitment, but (Rasch) wants to go ahead.”
DiJulio said he expected Judge Armstrong to grant the delay, but there was no ruling by The Enterprise deadline Wednesday.
In September 2006, it was DiJulio asking for summary judgment that no violations occurred and Rasch asking for the delay.
“We were trying to streamline the process and minimize the cost of discovery,” Rasch said Monday. “We still have not received the material we requested. They’re still playing hide the ball.”
Filed more than a year ago on Jan. 3, 2006, the suit says that Fimia, Ransom, Chang and Way illegally communicated to fire Burkett and then hire a replacement. Richmond Beach resident George Mauer was the first, but unsuccessful, candidate. Bob Olander, who had been Burkett’s deputy, was eventually hired and continues to serve as city manager.
According to DiJulio’s motion in October 2006, the defendants didn’t meet in violation of the law.
“It was no secret that Council members Chang, Fimia and Ransom wanted to terminate Mr. Burkett,” DiJulio wrote.
Way was sworn in on Dec. 5, 2005, and two days later told Fimia and Ransom that she, too, wanted Burkett fired, according to court papers. “Therefore, Councilmember Fimia was able to conclude that a majority of the City Council wanted to terminate Mr. Burkett’s contract, without need for group discussion,” DiJulio wrote.
The four defendant Council members “consciously avoided ever being in the same place at the same time, specifically to avoid violating the (Open Meetings Act),” DiJulio wrote
Rasch’s motion, filed in April, noted that “… physical presence of members of a governing body is not required to violate the act, e-mail chains, telephone calls, and letters exchanged among the group will qualify as a meeting…”
Rasch points out that Way, in a Dec. 7, 2006, e-mail to Fimia, Ransom, Mauer, Councilwoman-elect Cindy Ryu and state Rep. Maralyn Chase, D-Edmonds, said: “So we should be careful what we say to ourselves and to the public through private e-mails even.”
The motivation for the suit is purely political, according to DiJulio.
“… this lawsuit is one front in a political struggle for control of the Shoreline City Council,” he wrote. “This lawsuit is an attack on that duly elected majority.”
Rasch agreed that there could be political ramifications.
“We are hoping (the hearing) happens on (June 1),” Rasch said Monday. “Especially given the filing deadline (for city council races) of June 8. This could impact who runs.”
The seats held by Fimia, Ransom and Rich Gustafson are on this fall’s ballot. So far, only Fimia has registered her campaign with the state Public Disclosure Commission, according to the agency’s records.
Newcomers Terry Scott, a member of the city’s Citizens Housing Committee, and Chris Eggen, treasurer of the Shoreline Solar Project, have declared their candidacies.
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