PORT TOWNSEND — An ethics complaint filed with the city of Port Townsend against Mayor David Faber has been summarily dismissed.
Ethics Hearing Officer Phil Olbrechts granted Faber’s request for summary dismissal, denying the last standing allegation from Reverend Crystal Cox.
“As I said at the outset of this process, Crystal Cox’s ethics complaint against me was without merit, either factually or legally, and that’s been borne out,” Faber said. “I was never in doubt as to the outcome of this, but it’s good to have it over with.”
Attempts to reach Cox for a comment were unsuccessful.
Cox initially brought four allegations against Faber on July 15. She later amended her complaint to add a fifth and sixth allegation on Sept. 4.
Cox’s complaint included two allegations that Faber had been a part of rezoning land as mayor in a way that would benefit him personally. Also, Cox alleged that Faber gave special privilege to two men with whom he shared an ideological agreement, by providing legal services. Further, Cox said Faber violated open meeting laws.
The summary judgment was ultimately limited to one of the allegations regarding a violation of open meeting laws.
“Several rounds of complaint amendments, sufficiency review and clarification requests reduced Reverend Cox’s initial six allegations to one allegation,” Olbrechts wrote in his order Nov. 4.
In her complaint, Cox said Faber violated open meeting laws, due process and RCW 42.23.070(1), which forbids municipal officers from using their position to secure special privilege for themselves or others.
“I Allege that Mayor David Faber violated open meeting laws intentionally, willfully and knowingly as he had prior notice that one group was going to completely keep another group out of an official city meeting,” Cox wrote in her complaint.
The allegation refers to a city council meeting on Aug. 15, 2022. Cox said Faber kept people whom he did not like, and whom he labeled “anti-trans,” out of the public meeting.
During the meeting, Faber read a proclamation affirming the city’s support for its transgender people.
Cox’s complaint included several screenshots which she obtained through a public records request. The screenshots show a conversation between Faber and someone named Clarke (full name not shown).
Clarke inquired about the meeting over Facebook messenger on Aug. 14.
Faber told him he was aware of an “anti-trans” demonstration “apparently planned” at the Pope Marine Park to protest the proclamation. Faber said he also was aware of some “protrans people” who were planning to counter protest and aiming to take up as much space as they could at city hall.
“Beyond this one text, there was no evidence presented suggesting that Mayor Faber had initiated, organized, encouraged or attempted to facilitate these ‘packing’ efforts,” Olbrechts wrote in his order.
“The evidence only shows that Mayor Faber was answering questions posited by a constituent,” Olbrechts wrote. “The quoted language was more information than necessary to respond to the question, but it falls short of evidencing an intent to encourage or facilitate the packing of the council chambers in potential violation of the Open Public Meetings Act.”
Olbrechts’ order said Cox did not present any further evidence to contest his position.
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Reporter Elijah Sussman can be reached by email at elijah.sussman@sequimgazette.com.
