Clark County Councilor David Madore has filed a petition in Superior Court seeking access to communications between Clark County Manager Mark McCauley and the Clark County Prosecuting Attorney’s Office as well as his own publicly funded legal counsel.
“I don’t think a court will grant what he’s asking,” said McCauley, who called the petition a “nuisance.”
On Monday, Nicholas Power, an attorney for the Republican councilor, filed a petition for a writ of mandamus, a court order instructing a government body to fulfill an obligation or correct a discretion. The petition concerns a contract McCauley entered into with Rebecca Dean in spring of this year.
Under the contract, Dean was tasked with investigating whistleblower and harassment complaints Community Planning Director Oliver Orjiako lodged against Madore. Madore said that he learned about the contract from reading about it in The Columbian and complained that McCauley violated a county ordinance by not making the contract publicly available online before signing it.
In August, Madore requested to review correspondence between McCauley and the prosecutor’s office. When his request was treated as a public records request, he abandoned it, insisting he had a right to read McCauley’s communications as a county councilor. In a September council meeting, Madore moved that he be allowed to review the correspondence, which was voted down by the council.
The petition seeks an order commanding the council, McCauley and the Prosecuting Attorney’s Office to “cease entering into secret contracts that are not lawfully noticed,” and an order showing why Madore is not entitled to receive the requested communications. The petition also seeks a finding that Madore is entitled to his own publicly funded legal counsel because the Prosecuting Attorney’s Office is too conflicted.
The petition is the latest in an antagonistic relationship between Madore, who didn’t respond to a request for comment, and other councilors.
Republican Councilor Julie Olson said that the petition has “no legal standing” and that many of the emails sought by Madore are privileged.
“It’s more of a waste of taxpayer money and staff time,” she said.
Council Chair Marc Boldt, no party preference, said that the council may consider changes to how the county publicizes sensitive contracts. But otherwise, he said he expected the petition to be dismissed.
Republican Councilor Jeanne Stewart said that the petition is part of a bigger pattern Madore has with his opponents.
“If you disagree with him on anything, he wants to find some way that it is malfeasance or misfeasance on your part,” she said.
