The Clark County council on Wednesday argued for a second time over whether or not to pay for attorneys to represent the councilors targeted for recall by Republican Councilor Tom Mielke.
Mielke is now appealing his failed attempt at a recall against Councilors Julie Olson and Jeanne Stewart, Republicans, and Chair Marc Boldt, no party preference, to the Washington State Supreme Court. Visiting Cowlitz County Superior Court Judge Stephen Warning on July 29 dismissed all of Mielke’s allegations against the three.
After some argument, the council ultimately ended up voting 4-1 to pay for outside attorneys to represent Boldt, Olson and Stewart. The council previously argued this issue when Mielke filed his original petition, but had to take action a second time in the wake of the appeal.
“I believe we are following the laws of the state,” Mielke said.
Republican Councilor David Madore was the only no vote, arguing for a second time that it would be a conflict of interest for the council to vote to spend public funds to represent themselves.
“It is an injustice. It is a conflict of interest. It violates common sense,” Madore said.
But Deputy Prosecutor Jane Vetto cited a Washington State Supreme Court decision that allows an elected body to vote to support the legal defense of one of its own members.
“We’ve had the exact same discussion before,” she said.
Madore, however, pressed Vetto.
“You asserted that the three, the majority, can determine that their own actions were in good faith…” he began.
“You misquote me,” Vetto interrupted. “I said the board. And the board determines it. You, Stewart, Mielke, Boldt, (and) Olson are the board. Under the law that we act under, that you act under, that is the board, that is the body that makes these decisions.”
As Madore turned to speak to Mielke after the close of the meeting, Olson turned to them on her way out the door.
“You guys are an embarrassment,” the visibly frustrated councilor told them.
Mielke’s recall petition claims that Boldt, Stewart and Olson misused their office when they allegedly violated the Open Public Meetings Act, illegally granted The Columbian a contract to print legal advertising, prevented Mielke from accessing the county’s attorneys and allowed County Manager Mark McCauley to dissolve the Department of Environmental Services even though it had been budgeted for this year. Mielke’s attorney pulled the newspaper issue at the court hearing, but said they would revisit it on appeal.
Warning dismissed all of Mielke’s remaining claims, saying none met the legal or factual requirements for a recall petition.
