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Allegations against B.G. councilor found lacking

Council says there's not enough evidence to back accusations that member breached ethics code

By Marissa Harshman, Columbian Health Reporter
Published: December 21, 2010, 12:00am

The Battle Ground City Council determined Monday night that there was insufficient evidence to support two allegations of ethics violations against Councilman Paul Zandamela.

The public hearing lasted about two hours. During that time, Deputy Mayor Phil Haberthur presented evidence to support the allegations and two council members testified. Zandamela and his attorney, Jeff Lindberg, presented evidence to refute the claims.

Several council members had asked to continue the public hearing in order to gather more evidence. However, the council ultimately voted against a continuance and found insufficient evidence to support the accusations.

“Regardless of the motives of bringing these all forward, there was no factual evidence to support these, ever,” Lindberg said.

“It’s unfortunate Mr. Zandamela had to go through this,” he added.

The ethics ordinance was adopted in August.

The public hearing also shed light on the accusations.

Councilwoman Lisa Walters filed the two complaints against Zandamela on Nov. 3.

The first allegation was Zandamela tried to influence City Manager John Williams and administrative decisions. The complaint said Zandamela tried to sway Williams to implement policy changes ranging from rehiring former Police Chief James McDaniel to restructuring the parks and recreation department.

The second allegation was Zandamela provided false information to the city council, leading the members to make decisions based on nonfactual information. The complaint said Zandamela made statements concerning Battle Ground Cinema owner Elie Kassab’s position on an admissions tax. Zandamela was accused of telling Williams and the council that Kassab supported the tax, which Kassab later denied in a public meeting.

Walters and Councilman Chris Regan both testified Zandamela made such statements during meetings but did not know the dates of the meetings or whether the statements were made in closed-door sessions or work sessions.

“I do remember Mr. Zandamela specifically saying he had talked to Mr. Kassab and that Mr. Kassab had supported the admissions tax, which I thought was a surprise,” Regan said.

Zandamela and Lindberg argued the council provided no meeting minutes to support the claim.

“I find all this very interesting,” Zandamela said. “First it was I told Mr. Williams, now it turned to I told the council in some meeting that wasn’t recorded. That never happened.”

In regards to the other allegation about influencing Williams, Lindberg argued the city’s ethics ordinance does not include any language addressing the issue. State law divides the power between the city manager and city council. Lindberg and Zandamela also said the council provided no evidence to support the allegation.

“I’m accused of directing him,” Zandamela said. “There’s nothing on record I said that.”

Mayor Mike Ciraulo agreed Zandamela may not have violated the ethics ordinance, but said Zandamela did violate state law in asking Williams to reinstate McDaniels.

“Let me make it perfectly clear, he has violated the law in my opinion,” Ciraulo said.

Still, the council voted there was insufficient evidence to support the allegations by votes of 7-0 regarding the admissions tax claim and 6-1 (Walters opposed) on the accusation regarding Williams.

Marissa Harshman: 360-735-4546 or marissa.harshman@columbian.com.

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