Washington State Supreme Court issued a ruling on Thursday, October 26, in favor of allowing a ballot measure to go to the voters in Black Diamond regarding a recall effort against Councilmember Pat Pepper.
In their 21-page document, the Court analyzed four charges brought before them after King County Superior Court ruled on the charges back at the beginning of May. The Supreme Court concluded that 3 out of the 4 charges were “legally and factually sufficient” enough for the recall effort. Therefore, a Special Election will be held on Tuesday, December 5, with the following ballot synopsis regarding Pepper’s recall:
- Violated the Washington State Open Public Meetings Act (OPMA) by convening and conducting closed meetings without public notice and by entering into private agreements to prepare and approve legislation. RCW 42.30
- Refused to attend council meetings and failed to approve minutes. RCW 42.32.030
- Failed to enact a 2017 budget in violation of state law and instead enacted a temporary budget containing illegal provisions, impairing the city’s ability to provide essential services. RCW 35A.33.070 and RCW 35A.33.075
“Every day Pepper is in office tax dollars are being wasted by outside interests who have hijacked our local city government,” stated Neighbor to Neighbor Black Diamond spokesperson Johna Thomson. “Black Diamond citizens have been embarrassed by the continued antics of Councilmember Pepper, with support from Councilmembers Weber and Morgan. With Weber and Morgan’s terms expiring this December, we have the opportunity to restore calm and civility to council chambers by ousting Pepper.”
Meanwhile, during the Thursday, October 19, City Council meeting, Pam McCain, Chair of the Planning Commission, stated she was getting weary of coming before the Council with eight consecutive Planning Commission meetings being canceled by the Council because there was no money to pay for the transportation element of the Comprehensive Plan. She pointed out that the plan was due in June 2015 and that it was now severely past due. She further stated that Pepper suggested the committee concentrate on another issue, to which McCain stated she did not know of another issue that was more important to the citizens and the proper functioning of the City other than the Comp Plan.
Reaching out to the PSRC (Puget Sound Regional Council, which is comprised of four counties – King, Pierce, Snohomish, and Kitsap), McCain discovered that Black Diamond was only one of three cities – including Edgewood, Roy – who have not completed their Comp Plans. She let everyone know that because of this, Black Diamond was out of the running for Federal Transportation funds that the City would normally be considered for receiving.
Rounding out her comments, McCain told Pepper that there was no other pressing issue other than completing the Comp Plan. According to McCain, as she talked with the PSRC representative, she found out that there was a possibility that the Department of Commerce has taken Black Diamond off the list for any State funding.
Moving on, the crowd was thrilled when each of the Councilmembers – Tami Deady, Erika Morgan, Janie Edelman, Brian Weber, and Pepper – voted to approve the Final Plat for Oakpointe’s Ten Trails development. The elation was short lived, however, when during the next agenda item regarding South County Area Transportation Board (SCATBd), Morgan wanted to amend the resolution before them with a Section 2 stating, “The City Council has no confidence in the Mayor as the City’s representative and does not support Mayor Benson as the City’s representative on the South County Area Transportation Board.”
Deady, who had been to nearly all SCATBd meetings, immediately disagreed with Morgan’s statement stating that Benson was doing an excellent job. Deady wanted to know why Councilmembers did not want Benson to be at the meetings.
Edelman quickly followed stating that the paper was “outrageous.” She pointed out that the piece was “making a political statement in a governmental interlocal agreement that is regional.” While she agreed that Morgan could have her opinion, that opinion should not go in an interlocal agreement.
Going ahead to address why she did not support Benson as Black Diamond’s representative “on any regional boards or committees,” Morgan began reading a list of what she felt were Benson’s wrongs. When she cited that Benson had held back the improvements to Roberts Drive over several years and almost lost the grant money for the project while waiting for the developer’s schedule to accommodate their water main, the crowd went into shock and then with a roar, protested Morgan’s comment.
Morgan raised her voice over those protesting while continuing to read down her list. As she read through complaint number six, Edelman finally had enough and called a Point of Order, which lead to Deady calling for the question. Benson then called for a vote on the matter that was passed. Later during Public Comments and at the end of her comments, Johna Thomson told Morgan that she wanted a copy of Morgan’s list of false accusations against Benson before stating that Morgan was lying about what was happening.
After taking up several other business items, some filled with their own debates, Benson gave her Mayor’s Report. During her remarks, Benson pointed out that her opponent (Judy Baxley) was a no-show at not only the Black Diamond Candidate Forum at the Community Center on Tuesday, October 17, but was also a no-show at the Maple Valley-Black Diamond Chamber Luncheon on Wednesday, October 18 for a second candidate forum.
Then during Public Comments, Robbin Taylor spoke about yet another lawsuit that had been filed against Benson on October 11th. Two days later, on October 13th, Taylor stated that Morgan through an email reminded Council that there had been a public vote to proceed with the lawsuit. Following several more comments, Taylor went on to accuse the three Majority Councilmembers – Pepper, Morgan, and Weber – of meeting in secret to decide to go forward with the current lawsuit. Weber, however, denied knowing anything about the lawsuit.
Then in her final comments of the October 19th City Council meeting, Benson addressed the most current lawsuit. “…and if you didn’t know about it Mr. Weber,” said Benson, “that means two Council people caused the lawsuit to be filed, which isn’t legal. You have to have a majority in an open public meeting. And in response to that lawsuit that criticized my rolling contracts for hiring MDRT committees, there is a counter suit [filed by Oakpointe] that has been filed against the City, the City Council, and the three majority councilmembers – Weber, Pepper, and Morgan – individually again. Another lawsuit.”
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Timeline Background:
April 7 Recall against Black Diamond City Councilmember Patricia Pepper initiated by filing Recall Petition with King County Elections with a list of five charges and support documents.
May 10 King County Superior Court Judge Beth Andrus determining that four charges against Pepper met the criteria with “legal and factual sufficiency.” (KC Superior Court No. 17-2-10707-7 KNT)
May 26 Pepper appealed to the Supreme Court, putting signature gathering on hold.
June 12 The Supreme Court ruled signature gathering never had to stop because no stay was requested and an expedited review timeline was granted. (Supreme Court No. 94574-8)
June 27 Pepper requested that the court stop the signature collecting and return to the original review timeline.
July 11 The Supreme Court denied both of Pepper’s requests.
July 17 Appellants Brief filed with the Supreme Court
Aug. 4 Respondent’s Brief filed with Supreme Court
Aug. 24 Reply Brief of Appellant filed with Supreme Court
Sept. 5 Recall Petitions delivered to King County Elections with 637 signatures
Sept. 7 Supreme Court reviews “The Matter of Recall Charges Against City of Black Diamond Councilmember Patricia Pepper” during their En Banc Conference (No. 94574-8)
Sept. 12 King County Elections certified signatures and sets Special Election for Dec. 5th
Oct. 26 Supreme Court ruled in support of three charges against Pepper
Oct. 26 King County Elections amends ballots and proceeds with Dec. 5th Special Election
