Why is this Recall Attempt Happening?
The scheme to Recall Councilmember Pepper is a political ploy to defeat the Reform Majority by removing one of the
Councilmembers setting up a 2-2 split vote to select a replacement. The Mayor
would be able, then, to break the tie in favor of someone who will go along
with her agenda.
Incumbent Mayor Benson and Council members Deady and Edelman have supported subsidies for the Yarrow Bay development and opposed the election of Pat Pepper and Brian Weber in 2015.
Who is Promoting this Recall?
The
proponents of the Recall are former City Councilmembers and their spouses.
Here are the top contributors:
The political arm of the Association of Realtors.
Judy Goodwin, spouse of Craig Goodwin, former Councilmember whose DUI was a factor in his defeat in
2015. Mr. Goodwin received only 30% of the vote.
Robbin Taylor, whose husband was a former Councilmember. Mr. Taylor received
only 30% of the vote in 2015, due in part to his poor attendance at Council
Meetings.
How
does a Recall work?
Anyone
can file for a recall on any elected official. Once filed, the King County
Prosecuting Attorney writes up a draft ballot description and a Superior Court
Judge reviews it to determine if it meets the legal requirements.
A Recall petition does not have to be factual. State law prohibits the
Prosecuting Attorney or the Judge from determining whether the allegations are
true. That is left up to the voters.
Are the Recall Allegations True?
No!
The actual facts are that Council member Pepper acted to uphold her oath of
office and properly made discretionary decisions. Developer attorneys
threatened lawsuits over some of these actions, but no lawsuit has been
adjudicated in the developer's favor.
If threats of a lawsuit were enough to
"recall" an elected official, a strategy to get rid of any political
opponent would be to threaten a lawsuit over an issue under council
consideration, then file a recall based on the threat.
It is important not to let this precedent stand, and an appeal has been filed.
Is
the Lawsuit by Yarrow Bay related to the Recall?
Well,
yes and no. Technically they are separate, but in fact the allegations in the
lawsuit are very similar to the false allegations in the Recall.
Why
might Yarrow Bay want to recall Pat Pepper?
Yarrow
Bay has enjoyed a very powerful position over the City. Using their influence
and money, that corporation is literally changing the face of every aspect of
our Rural Town.
The
Council Majority that took office in 2016 began the process of reforming City
Hall to create a better balance between the Mayor, Council, staff, and Yarrow
Bay. Immediately, the Mayor and her staff and attorneys obstructed and
attacked every action that was proposed by the Council.
Some interesting examples of Developer Yarrow Bay's Influence:
The
Economic Development Director for the City has the full responsibility for
reviewing the many Yarrow Bay permits and submittals. That individual's
salary is well over 6 figures, which is fully covered by Yarrow Bay.
Last
year when the City Council adopted a budget that challenged Yarrow Bay's
control over the budget, the Mayor vetoed it and Yarrow Bay threatened a
lawsuit.
Yarrow
Bay received a windfall of $20 + million dollars when the Mayor and a previous
Council (in 2015) voluntarily walked away from impact fees that were already agreed to by
the developer.
What are some of the actions the Reform Council, including Council member Pepper, have taken or tried to take over the past eighteen months?
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Control contract spending.
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Stop the practice of the Mayor and her staff routinely overspending the budget
($4M over two years)
Making
land use consultants report to the public and Council about their work.
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Require more detailed reviews of land development.
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Update and improve the City's transportation planning.
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Require public comments on development be accepted via email when staff wanted to change procedure and force people to bring comments in hard-copy to the planning department.
Conduct committee meetings in public and in the evenings with public notice to the
City website so that the public has more opportunity to engage with its
government's decisions
-
Require all legislation to go through two additional public notice opportunities and committee review. (Obstructed by mayor's refusal to post these notice to city website.)
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Take back the Council's authority to set its own Agenda, a right established in law and widely acknowledged... except by this Mayor.
What are some of the things the Mayor has done to oppose the Reform Council's actions?
Vetoed the Council's budget and threatened to shut down the City unless the
Council agreed to her demands.
Ignored the Council's contract authority and refused to allow attorneys and a parliamentarian to participate in City Council Meetings even though they had legal contracts to do so.
Flaunted the Council's contract authority by repeatedly signing illegal "serial" contracts without bids or Council approval.
Refused to allow the Council to meet on city property for their Committee Meetings.
Refused to allow staff to attend and support Council Committee Meetings.
Delayed submitting information to the Council until the last minute and then demands immediate action.
Submitted false and misleading information to the Council, including the termination of an interlocal agreement with the Cities of Covington and Maple Valley.
Vetoed adoption of updated Department of Ecology stormwater standards for developers, and delayed compliance with laws requiring improve stormwater management by new development.
Inappropriately sent political attacks against the Council in resident's water bills.
Refused to implement numerous Council adopted policies.
"Denied" Council Contracts and Resolutions, even though she doesn't have that power.
Retained attorneys illegally so far totaling over $200,000 dollars, who
spend much of their time attacking the Council.
What can I do?
-
-
Don't sign the petition
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Elect a new Mayor
-
Elect
Council members who will do more than research with city staff, but will
instead question the "experts" and stand up for the public
Legal Filings:
Pat Pepper files appeal to Supreme Court citing lack of evidence and errors in procedure:
Appeal Brief filed in Supreme Court
Pat Pepper responds to false allegations in the Recall Petition: PepperMay8Brief.pdf
-
Open Public Meeting allegations are false.
Legal expert on OPMA submitted opinions that supported the Council, but the Mayor ignored them.
AttorneyGeorgeOPMALetter.pdf
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Allegations about contracting are false.
Former Supreme Court Justice Talmadge writes opinion letter that supported Council, but the Mayor Benson ignored it:
TalmadgeMemo.pdf
-
Allegations about budget are false.
Read Budget Chair Councilmember Brian Weber's summary of Council Proposed Budget Changes:
WeberBudgetInfo.pdf
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The Role of Mayor Benson
Council Rules passed by the newly elected Council provided for all committee meetings to be open to the public and conducted in the evening so that the public can attend.
The Mayor refused to allow the Council Committees to meet in Council Chambers. She refused to unlock the doors and didn't want the committee meetings to be conducted in the evening.
Mayor Benson's actions are not appropriate, as attorneys not paid solely by her have opined. Letter from Talmadge and Fitzpatrick to Mayor and Council regarding Mayor's conduct -
Tal-FitzBensonLetter.pdf
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Follow the Money. Public Disclosure Commission Reports - Top Contributors to 2017 Recall:
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Benson, Edelman, Tayor, and Goodwin's $20 million giveaway to the developer:
The city's study estimated a
need of $5800 per unit (see page 56). Rather than pay a small amount to correct the flaws the developer alleged were in the study, Mayor Benson dropped the fee entirely.
At 6,000 units, the developer saved between $10 and $30 MILLION. Taxpayers will have to pay to expand city hall and the police station for future growth.
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In Washington cities, the Council makes contracts and sets the budget (the purse strings) on behalf of the city.
When the Council looked into getting new reviewers for the Oakpointe/Yarrow Bay development, the mayor tried to usurp the Council's authority. The council's authority to contract on behalf of the city is addressed in this legal brief:
ObjectionofCityCounciltoArbitration.pdf
2015 Letters Dream Up Accusations Before Pepper Even Takes Office:
Letter from council member Janie Edelman in 2015 urging people to vote for incumbents Goodwin and Taylor and supporting the YarrowBay development.
Legal Citations
State Law on Council Contract authority: RCW 35A.11.010
State Law on Council Legislative authority: RCW 35A.11.020
State Law on Open Public Meetings: RCW 42.30.080