PORT ANGELES — Marolee Smith has submitted a revised, seven-page version of her ethics complaint against Deputy Mayor Cherie Kidd.
The newest rendition submitted Wednesday afternoon, which Smith calls an “addendum” or supplement, also includes three additional pages of references.
It alleges Kidd violated four “General Standards of Conduct” in the city ethics code rather than eight, but also adds narrative to buttress Smith’s allegations.
That compares with Smith’s earlier assertion that Kidd violated all eight standards of the code that were contained in Smith’s original complaint.
Boil it down
Ethics board members Frank Prince Jr., Grant Meiner and Danetta Rutten were reviewing the original seven-page version of Smith’s allegations at their first meeting Tuesday when Smith said she “was not in full understanding of what the [city] code was” and offered to “boil down” the complaint.
“I do know that a few of my points are a little muddy,” Smith said at the meeting.
They unanimously agreed that she be allowed to amend the original complaint.
In a later interview Prince, the board chairman, said he favored stopping the review process in midstream in hopes that Smith could “winnow” down the allegations to make the board’s task easier, as it was meeting Tuesday for the first time ever.
Prince did not return calls for comment Thursday.
Meiner, a retired Clallam County Superior Court judge, said Tuesday that the board must determine first if the facts as outlined by Smith are true, and if they are, that there was a violation of the ethics code.
“It’s very confusing,” Meiner said Thursday of what Smith submitted.
Meiner said he did not know if Smith intended to add to the existing complaint by calling it an “addendum.”
Smith would not comment Thursday on why she called the complaint an addendum.
Smith, who would not be interviewed Wednesday or Thursday, saying she was too busy, said Thursday in an email that she revised her complaint based on what she heard at the meeting Tuesday.
“I added narrative, but shortened it to two key points,” she said.
“I explained it better, because I realized that the board did not watch any of the videos, or have any background. So, it’s just narrative.”
Next meeting
The board is scheduled to begin going over the newly presented allegations March 24.
They still target Kidd’s actions surrounding a Feb. 2 City Council meeting that she chaired.
The meeting was dominated by vigorous public comment from residents opposed to fluoridation of city water and ended with the abrupt adjournment of the meeting by Kidd.
Kidd, whose third and final term ends in 2019, favors fluoridation and has been targeted by foes of the practice to resign.
In the newest version of Smith’s complaint, she alleges Kidd violated ethics code by failing to:
■ Part 1: Conduct herself toward the public in a civil manner, refrain from abusive conduct and verbal attacks on the public, refrain from using language or acting in a way that demeans, harasses or intimidates another person.
■ Part 2: Refrain from engaging in conduct that reflects discredit on public officials and impairs the city’s efficient and effective operation.
Smith’s new complaint removed four ethics code provisions that prohibit Kidd from:
■ Not being honest in dealing with the public.
■ Not explicitly stating that her personal opinions do not represent the city.
■ Committing “moral turpitude or dishonesty.”
■ Making statements, without authorization, that could be interpreted to represent the city’s views.
Smith also said in her earlier complaint that the standards of conduct were violated in eight ways, including by prohibiting political signs in the council chambers — No. 1 on her earlier list.
Kidd’s take
Kidd said Thursday that she had not read the newest version of Smith’s complaint but is confident the ethics board will “very quickly” dismiss it.
“I absolutely disagree with all of her assumptions to begin with,” Kidd said. “I give no credibility to her allegations.”
In Part 1 of the complaint filed Wednesday, Smith said the signage restriction amounts to “censuring the right of free speech,” does not foster public respect and cooperation, and called it Kidd’s “dictatorial edict.”
City Attorney Bill Bloor has said that municipalities may prohibit signage inside government buildings.
In her narrative, Smith admonished Kidd for asking the audience to not be rude and to not applaud.
The residents had the right, Smith said, to “verbally attack public officials” as “part of the bargain in laying down arms and creating a civil society.”
In Part 2, Smith says the best example of Kidd impairing the effective operation of the meeting was her “defiance (or ignorance) of Robert’s Rules of Order.”
It occurred, Smith said, by Kidd “arbitrarily” calling for meeting recesses and for abruptly adjourning the meeting, thereby cutting short the second regular public comment session.
Rules of order
Bloor said Thursday that the City Council does not have to follow Robert’s Rules of Order and has said in the past that the council is not required by law to have public comment sessions.
“City councils in Washington state have the right to adopt their own rules of procedure,” Bloor said Thursday.
“There is no law you must follow Robert’s Rules of Order.”
Smith, a fluoridation opponent, said in an email Wednesday after she filed the complaint that she was unavailable for an interview.
“It is as clear as I can present it,” she said in the email.
“And, again this is not about fluoride. Doesn’t matter if I am pro or foe to fluoride, abortion, or lite beer.
“The issue is one of Free Speech and procedures, rudeness and decorum.”
Bloor said it was up to the ethics board to decide to accept new versions of Smith’s original complaint or even allow public comment at its meetings.
“The ordinance was written with the idea of giving the board some flexibility,” he said.
Bloor did offer this general framework on what’s ahead:
“First, the board determines whether the complaint is sufficient at all.
“Then, if it’s sufficient, it goes to a second step. They can either hold a hearing or appoint an investigator.
“The third step is they can deliberate and make a recommendation to the City Council.”
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Senior Staff Writer Paul Gottlieb can be reached at 360-452-2345, ext. 55650, or at pgottlieb@peninsuladailynews.com.
