Washblog

Port Commissioner Recall: What will it take?


[Update, 5/19/07. See Postman on Politics: Judge clears way for next step in Port recall for a more complete list of Clifford's projects.]

The Seattl PI reported last week that Port of Seattle Commissioner Davis signed off on a $339,841 salary extension to Mic Dinsmore, the outgoing CEO of the Port of Seattle -- basically a "gift" of public funds which was not voted on by the other commissioners or discussed at any public meetings.


When the SLOG reported on Tuesday that Chris Clifford has filed a petition to recall Pat Davis from her position on the Port of Seattle -- I didn't know quite what that meant. What kind of a petition?  What was the likelihood of its success?  Who's Chris Clifford?

I gave Clifford a call.  The petition, he explained, is filed under  RCW 29A.56.110+. This is the same law under which Spokane's Mayor was recently recalled.  First, there will be a hearing on the petition in Superior Court to determine if the charges satisfy the legal criteria for a recall.  If the court doesn't rule his way, Clifford said, he plans to take it to the Supreme Court.  Once the petition is certified, the campaign has a maximum of 180 days to collect the signatures.  They must gather a number of signatures equal to at least thirty-five percent of the total number of votes cast for all candidates for that office in the preceeding election.

Thirty-five percent of the total votes cast for Jack Jolley and Pat Davis in the 2005 election is 148,679. Significantly more signatures than that would be needed to account for error, people who say they're registered voters but are not, for example.

Last year's Clean Energy initiative needed something like 225,000 signatures to qualify, and collected about 330,000.  They did this as part of a $2 million campaign.  I remember how much work it took me to get my little-old 200 signatures -- several afternoons standing on street corners at festivals and in front of supermarkets. Thousands of volunteers took part in that effort, as well as a number of paid signature gatherers and campaign organizers.  Of course there were, if I remember correctly, only about 6 weeks in which to collect the signatures -- and recall efforts have nearly 6 months.

I asked Clifford -- are you going into this with the idea that, 'well, maybe the recall won't work out -- but at least we'll be bringing public attention to Pat Davis' misbehavior?' Or are you approaching it more with an attitude: 'we can do this and we will?'  Definitely, the second, he said.  "I don't joke around on stuff like this.  I believe she's simply unfit."

I found Clifford to be knowledgeable and engaging, though we differed politically, and we spoke for awhile.  After our conversation, I found a 1993 Seattle Times article that describes him  as a moderate Republican, environmental activist, NRA member, small business owner, and ex-semiprofessional football player. He's now a civics teacher at Tahoma High School. Here's a 3/7/07 Tacoma News Tribune article describing a few moments in his advanced placement government and politics class.  The SLOG article described you as a long-time activist, I said.  What else have you done?  He laughed.  SLOG made me sound old with that line, he said.  But he mentioned several battles.

In 1992, he filed a case before the Shoreline Hearings Board against the City of Renton, Boeing, and the Washington Department of Ecology which shut down, for two months, a $70 million Boeing construction project in Longacres.  It also resulted, he said, in some additional environmental protections.  Because of that case, he said, "People won't be so willing to violate the Shoreline Management Act.  It cost Boeing to do it."  In 1997, he brought a successful ethics complaint against Republican King County Councilmember Jane Hague for her unreported political fundraising of 29,000 -- much of it from lobbyists and businesses with issues before the council.  Hague spent $100,000 to defend herself in this case, which was reimbursed by the county, even though she lost.  In 2001, Clifford brought a successful case against the City of Seattle under the Open Public Meetings Act.  And more recently, he led the ballot title challenge for the Valley Hospital annexation.

Maybe Chris Clifford really can pull together the organization and resources to get the required signatures.  I told him I'd collect some for him.  He sounds as disgusted as I feel: "She's pulled this crap before.  In WTO she put the Port in a difficult position in the payment of the costs of security.  She's an elected official.  She knows she has no right to sign into any agreement committing funds of the Port or any public entity prior to a vote of the Port."    

 

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Maybe I've got rose colored glasses on, but this time I think we may actually see a solid cross-section of citizens supporting transparency and accountability by recalling Davis. It's not really a partisan issue. When most people I talk to express dissatisfaction (or outright disgust) and the abuse of power and position at the Port, it seems to me we're in for a change ahead. And I, personally,  don't know anyone who supports Davis. Or an independent taxing authority, for that matter.

by shoephone on Thu Apr 26, 2007 at 10:35:44 PM PST

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  And only 25%, which is still a $hitload of signitures (106,516.75)
  It's dicey and there are timing concerns in the other sections of RCW 29A.56 which complicate things.  
  I wish you all well in this, $339,841 is a lot of graft.

Dave Gibney Pullman

by gibney on Thu Apr 26, 2007 at 11:23:12 PM PST

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I'm sure that sounds simplistic, but we know that sometimes just the fact of incumbancy can lead to re-election. Her backing is the same kind of backing Gary Locke had -- corporate money.  

The recall isn't a "slam dunk" by any means, but very possible, and I wish him luck. Either way, the best thing about this whole debacle is that voters will now be paying lots of attention to the Port races.  

by shoephone on Fri Apr 27, 2007 at 08:05:35 AM PST

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The 46th LD Dems. passed and then brought to the King County Democrats, where it passed unanimously this past week, a Resolution of Censure and Call for an Investigation of the Port of Seattle Commission. It specifically names Pat Davis.

It is also on the agenda of the Resolutions Committee at the State Party at the meeting in Bellingham.  

by Cherisse on Fri Apr 27, 2007 at 09:20:02 PM PST

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  • Good! by noemie maxwell, 04/27/2007 10:05:30 PM PST (none / 0)
"If the court doesn't rule his way . . . ."

This should properly be "WHEN the court doesn't rule his way."

The King County Superior Court will not enforce this law against a fellow bureaucrat.

Case in point:  The "Honorable" James (Honest Jim) White used public facilities in his last campaign, including sending solicitations to Kent City employees.  The Public Disclosure Commission found this to be improper and levied its maximum fine of $2500.  When a citizen brought a recall action, the King County Superior Court Judge said that even though Honest Jim might have violated the PDC's silly little rules, his conduct did not rise to the level of a recall.  We later found out that Norm Maleng's office had an ex-parte contact with the Judge because the County didn't want to face the expense of a special election.

Realizing that he was facing a fixed fight, the Citizen gave up and didn't bring the action before the Supremes.  But I hereby predict that the recall won't be authorized in the King County Superior Court.

by bhelverson on Fri Apr 27, 2007 at 10:23:42 PM PST

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Here's the resolution passed by the Executive Board of the 36th District Democrats on Thursday:

36th District Democrats Executive Board Resolution to Call for Investigation at Port of Seattle Commission

 WHEREAS, the Port of Seattle is responsible for the management and operations of the Sea-Tac International Airport, Seattle seaport, local marinas and extensive real estate assets, and

 WHEREAS, the Port of Seattle is governed by elected Commissioners who are responsible for oversight and ensuring that Port operations are transparent, efficient, profitable, safe, and serve the citizens of King County, and

 WHEREAS, Mr. Mic Dinsmore has been the Executive Director of the Port of Seattle for 15 years and recently retired as the highest paid port executive in the entire country with: A) an annual salary of $339,841 that is over 33 times the 2007 Federal Poverty Guideline of $10,210, and B) an extensive expense account including all costs for a leased luxury auto, extravagant entertaining, thousands of dollars in bar and restaurant tabs, and first class travel to exotic locales, and

 WHEREAS, recent news stories have noted that Mr. Dinsmore has $858,617 in two retirement accounts, including $431,231 in port contributions, and is due a $107,000 annual pension that is over 10 times the 2007 Federal Poverty Guideline of $10,210, and giving him one of the most profitable pensions in the history of state and local government in Washington state, and

 WHEREAS, Port Commissioner Pat Davis signed a letter dated Oct. 10, 2006, while she was President of the Commission, that attempted to authorize a supplemental severance package of one year's salary to Mr. Dinsmore in the amount of $339,841 without public notice, public review or a public vote of approval by the Commission, and

 WHEREAS, it is illegal for any individual Port Commissioner or for the Port Commission as a body to authorize the expenditure of funds for a supplemental payout to Mr. Dinsmore without public notice and a public vote of the full Commission.

 NOW THEREFORE BE IT RESOLVED that the 36th District Democrats Executive Board hereby calls for a full and complete investigation into the circumstances and actions surrounding the attempt to authorize the illegal, unethical and unearned payout of one year's salary in the amount of $339,841 to former Port of Seattle Executive Director Mic Dinsmore, and

 BE IT FURTHER RESOLVED that if it is found that Port Commissioner Pat Davis, or any other complicit Commissioners, did attempt to authorize the illegal, unethical and unearned payout of $339,841 to former Port of Seattle Executive Director Mic Dinsmore, then the 36th District Democrats Executvie Board hereby censures Seattle Port Commissioner Pat Davis, and any other complicit Commissioners, for the abuse of public trust, abuse of power, misuse of public funds and failure to perform the duties as a sworn public official, and

 BE IT FURTHER RESOLVED that if it is found that Port Commissioner Pat Davis, or any other complicit Commissioners, did attempt to authorize the illegal, unethical and unearned payout of $339,841 to former Port of Seattle Executive Director Mic Dinsmore, then the 36th District Democrats Executive Board hereby calls for the immediate resignation of Seattle Port Commissioner Pat Davis and any other complicit Commissioners.

by DWE on Sat Apr 28, 2007 at 08:34:55 AM PST

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