[Capr-announce] King County's latest galling act to help "Chairman Dow" at our expense

[ayousoufian at comcast.net]

2:00 PM, Wednesday, January 26, 2005

Dear CAPR (Citizens Alliance for Property Rights)colleagues and anyone else I thought would be interested,

Subject: King County's latest galling act to help Dow 
Constantine ("Chairman Dow") at our expense; King County Council Democrats (plus two "Republicans" - Hague and vonReichbauer) pass legislation to allow public funds to be used for legal expenses to defend Dow Constantine, while I am recalling him with my funds, and asking for your contributions to help me.

Here are the latest news items on my Dow Constantine ("Chairman Dow") recall, paperwork for which I'd filed Friday, January 14, 2005 (see earlier emails).

1.  Despite that the state recall statute provides that ordinarily a recalled official must spend their own money defending themselves, the King County Council just this past Monday passed a last minute item (Motion 12068) allowing County funds - our taxpayer dollars - to be used for legal fees to defend a councilmember!  I learned of this late Monday afternoon from a highly placed King County official who alerted me to it.  This was sprung at the last minute, just as the meeting was ending, as an item of new business.  I have it on four good authorities (who all corroborated the story) that Kathy Lambert, David Irons, and Steve Hammond were taken by surprise by this motion, which was introduced just as the meeting appeared to be ending.  

Further, there was no public testimony, and the normal rules were "suspended" to bypass the normal process of going through any committee, which obviously would have delayed it and provided notice that something was going on before it got to the full council.   That normal process might also have allowed the opportunity for public input, or at least that something was going on, so that phone calls, emails, and letters could have been sent to the council.

It also looks like there will be no public input before the authorization occurs to commit to pay these expenses for Constantine.

I've been told by a highly placed King County official who was present that Constantine recused himself and left the room.  The motion was obviously put forward for his benefit, due to the current recall against him that I have filed.

The motion is below, and provides that expenses of recall will be paid for by merely getting the prosecutor and three councilmembers to approve the expenses, the choice of outside law firm, etc.  I am still trying to get the details, including whether Ron Sims has signed this item yet.

By the way, it appears the state recall statute allows for a given government agency to make a decision such as this at the local level. Absent their doing so, Constantine would have had to spend his own money defending himself, or defend himself "pro se" (he is a lawyer himself), and/or ask for help from supporters, just as I have been asking you to contribute to the legal expenses I have already incurred and obligated myself to.  Instead, it's apparent the King County Council Democrats are defending their own - at our expense.

2.  Ron Sims will be on KIRO radio's Dave Ross program today, sometime in the 3 to 6 PM time slot.  If you can, phone in and ask about this malarkey, whether he's signed the item yet, etc.  Tune in to AM 710.  Call in phone is: 206 421 5476

3.  I'll be on Dori Monson's program tomorrow, Thursday, sometime between Noon and 3 on this issue.  Again, it's on KIRO radio, 710 AM, and the call in line is 206 421 5476.

4.  I'll be on "Republican Radio" this Saturday, January 29 during its 11 AM to 1 PM broadcast time slot.  (It's on AM 1300 radio in the Seattle area and other stations as well - go to http://www.republicanradio.com for details and select "Where to Listen" for broadcast frequency in your area, or to listen "on the web", or to hear the program from their archives after it airs next week.)  

5.  I'll be on the Republican Perspective cable tv show next week and the guest interviewee for that show's videotaping next Monday evening, January 31 at the weekly Monday dinner meeting of the Downtown Seattle Republican Club.  You can join me for the dinner meeting, where they will videotape an interview of me as the weekly guest for later broadcast on the public access cable television show called "Republican Perspective".   The show airs on the Thursdays following the taping from 5 to 5:30 on Channel 77 or 29 in King County.  (The dinner meetings are open to anyone and take place at the College Club at 5th and Madison (SE corner) in downtown Seattle, starting at approximately 5 PM and finishing at approximately 6:45 to 7 PM.  Parking is free in the club garage after 4:30.  Dinner is very reasonably priced.  Please RSVP to me if you will attend, so the club can plan accordingly.)

6.  I may be on Mike Siegel show before the week is up, and/or other shows I've contacted that I've been on before.

Armen Yousoufian

Here's the galling motion that allows public funds to be used to pay Constantine's legal expenses (note who the sponsors are, and who aren't, and didn't know about it):

Motion 12068
 


 
 
Proposed No.2005-0029.2SponsorsPhillips, Edmonds, von Reichbauer, Pelz, Gossett, Patterson and Hague

 
 


A MOTION related to legal representation pursuant to RCW 4.96.041(3) in connection with recall proceedings, granting approval of the payment of necessary expenses as provided by statute in cases where the office of the prosecuting attorney has granted such approval.
 
 
            WHEREAS, state law, RCW 4.96.041(3), provides that the necessary expenses of defending an elective officer of a local governmental entity in a judicial hearing to determine the sufficiency of a recall charge and any appeal of the superior court decision on sufficiency shall be paid by the local government entity if requested by the elective officer and if approved by the legislative authority and the attorney representing the local government entity, and
            WHEREAS, the process set forth by state law for judicial consideration of a recall petition requires the superior court to consider the matter within thirty days of filing a petition, thereby requiring a highly expedited determination for such requests by the legislative authority pursuant to the statute;
            NOW, THEREFORE, BE IT MOVED by the Council of King County:
            The council hereby authorizes payment of the necessary expenses of defending any councilmember in a judicial hearing to determine the sufficiency of a recall charge and any appeal of the superior court decision on sufficiency where there has been a request by the councilmember, approval by the prosecuting attorney and written approval by any three councilmembers, consistent with RCW 4.96.041(3).
 


 
Motion 12068 was introduced on 1/24/2005 and passed as amended by the Metropolitan King County Council  on 1/24/2005, by the following vote:
 
Yes: 10 - Mr. Phillips, Ms. Edmonds, Mr. von Reichbauer, Ms. Lambert, Mr. Pelz, Mr. Hammond, Mr. Gossett, Ms. Hague, Mr. Irons and Ms. Patterson
No: 0
Excused: 2 - Mr. Ferguson and Mr. Constantine

 
 KING COUNTY COUNCIL
KING COUNTY, WASHINGTON
 

Armen Yousoufian
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