Another Reason To Help Recall Mayor Sun

In yet another example of Mayor Cy Sun's self-centered leadership, Sun has once again put his own wishes above what is best for the City of Pacific. In his official capacity as mayor of our city, he has informed a local labor union that he will never support them on any issue - ever. This goes beyond poor leadership. It creates battles where there are none and pits the city against employees before good faith negotiations can ever begin.

It's time to recall this man from office. We need your help immediately. Legal bills are mounting and must be paid in the next few days so the recall effort can continue. Please donate today!

Saved, For Now

As expected, the city council approved new insurance coverage last night. The new coverage provides about half the liability coverage of the last policy for about $100,000 more in cost, all directly due to Mayor Cy Sun's actions.

Now its time to focus on moving the recall forward as quickly as possible. Unlike Mayor Sun, the recall campaign follows the law and limits contributions to $900 per person or entity. Because Sun has appealed the recall to the State Supreme Court, the legal costs have increased significantly. We need your help TODAY. Please donate at the Columbia Bank at 12th & A Street or contact us at recallcy@gmail.com. Thank you!

Vote On New Insurance Scheduled Tonight

The city council will vote on an offer for insurance from a new carrier at a special meeting tonight. News reports quote council president Leanne Guier as stating it is less coverage for more money, but it gives the city breathing room. It also means the recall effort to remove Mayor Cy Sun can move forward.

The regular council meeting begins at 6:30pm tonight. The meeting agenda is available via this link. KING 5 should run at story at 5pm tonight on the issue.

Latest Cy Sun Rant

Mayor Cy Sun posted another long, disjointed, malicious, inaccurate rant on his blog yesterday (link here). The distortions and misleading statements are too numerous to respond to in detail. If you have been following this saga you already know how far from the truth Sun's statements are. Please compare the mayor's latest rant to the more accurate reporting of city business on local blogs like Pacific City Signal Community News or any of dozens of mainstream media reports.

All the mayor's allegations have been proven false yet he refuses to listen to reason. The city passed a state audit with no findings of corruption. The salary savings the mayor lists will cost far more in lawsuits, not to mention the cost of dysfunction at city hall from lack of staff (which is the primary reason our insurance was canceled). The public works projects he lists were secured by previous administrations. Road project grants have come close to being lost due to Sun's unprofessional actions. Sun and his wife are illegally funding their own recall campaign. And on and on and on...

It would be easy to pass these rants off as the rumblings of a stubborn, crazy man. But he is the city's elected mayor. We, the taxpayers, must pay the price for Cy Sun's actions. The recall process is too slow, too complex and too costly. It is unfair to the good people of Pacific who deserve the chance to vote NOW on recalling this stubborn, crazy mayor from office.

State Patrol Report

In the many twists and turns in the saga of Cy Sun as mayor, one of the pieces was an investigation into the Pacific Police. The finding showed no misconduct by our police department. The full report is available via this link...

City Saved - For Now

The council and new city clerk announced at the council meeting tonight that the city has found new (but more expensive) insurance for the city. The coverage can begin January 1st and would cover 2013. The News Tribune has more details here...

This means the recall effort can continue, with a hearing scheduled before the State Supreme Court soon. Your donations are very important if we are to continue this fight. Email us at recallcy@gmail.com for more details.

One Man Destruction

The editorial (link here) in the News Tribune today is a great summation of the sad state of affairs in our fair city. The editorial notes that watching one man singlehandly destroy a city is a lesson for the text books. It is much more tragic than a simple civics lesson for those of us who love Pacific.

In the end, either Sun resigns or he ensures the destruction of our city in just a few days. Either way he will not be mayor much longer. We may not have time to recall Mayor Sun. It's time for Mayor Sun to resign NOW.

The editor's note on his blog about trying to understand Sun's side of the issues offers great insight into why we are in this mess. You can read it here...

Congressman Reichert Weights In

When the new congressional district boundaries take effect January 1, 2013 Pacific will be located within the district of Congressman Dave Reichert. But the congressman is already busy working on behalf of our citizens.

Reichert sent a letter on Friday to Pacific's insurance carrier (copy here), asking them to grant a 6 month extension on the city's liability insurance. The extension would allow us time to recall Mayor Sun or dis-incorporate or be absorbed by neighboring cities, depending on what the residents and city council decide. If the insurance coverage ends as scheduled in 21 days, city functions will immediately stop - which Reichert correctly describes as disastrous.

Dark Days In Pacific Get Darker

The longer Cy Sun is in office, the darker the outlook for this city we love. Insurance carriers refuse to insure the city while he is at the helm. Key administrative positions remain vacant almost a full year after he took office, despite a court order that he hire qualified people immediately. The council must seriously consider dis-incorporation as the best alternative because Sun refuses to step down. And now annexation to Auburn on January 1st has emerged as a strong possibility.

Apathy is our biggest enemy. It is past time to take a stand and fight for this city. We must rise up in-mass if we want to remain a city. Despite the busy holiday season, we have to make time to educate our neighbors, donate to the recall and attend the council meetings. If we don't, it's looking like we won't have a Pacific address for our Christmas cards next year.

There are two important ways you can help in the next few days:

• This Sunday, Dec. 1st at Noon: Meet in front of the senior center to canvas the city. Let's make sure EVERY household knows what is happening and why. The best antidote to apathy is knowledge and our neighbors need to understand the destruction Mayor Sun has caused - and what we can do about it.
• This Monday, Dec. 3rd at 6:30pm: The council will hold their regular workshop, then hold a special meeting to discuss annexing to Auburn. If there is a large crowd (and we hope there will be), the meeting will be moved to the gym.

If you want to be heard, be sure and attend the meeting Monday. And tell your friends and neighbors - this may be our last chance....

Annex To Auburn?

KING 5 is reporting (here) about one more alternative on the table for Pacific if Mayor Sun will not resign - annex to Auburn. The issue will be considered at the council meetings Monday night for both cities, so be sure to attend if you can.

Council Meeting Report

The following email was sent today to the many readers of the Pacific City Signal News blog, run by Jeanne Fancher. It may be too late to attend the finance committee meeting tonight, but it is interesting to read about the last council meeting:
________________________
Hi Pacific News Readers,

The Budget discussions will continue tonight at the Council's Finance Committee meeting, 6pm city hall council chambers.

Last night at Council, an Ordinance to raise property tax income by about $13,000 FAILED, 
This changes the 2013 Budget income projection. Expenses have to be adjusted downward to match. Finance Committee is the next step.

An alternate "income" Ordinance 12-183X(8?) PASSED,
This Ordinance renews the Current levy rate, "banks" the 1% allowed increase for future years (due to the 101%/year rule on increases), and keeps projected 2013 property tax income from new construction.

These "changes" will be discussed tonight at the Finance Committee Meeting.

The Hearing on the Budget was continued, to be reconvened at the First "business" Meeting of the Council on December 10th

The First Reading of the Budget Ordinance was perfunctory, considering that due to the failure of the tax ordinance, all the bottom lines for Departments are up for change
.
A Second reading, and passage of a Budget Ordinance HAS to happen before the end of the year, or the City will have no property tax income.

Those in the Audience who came for "fireworks" were mostly disappointed at first, but if they stayed long enough, were rewarded. One public comment "for Items not on the Agenda", made by Bill Broderson, that the Public Notices were no longer posted on the Doors of the City Hall and that's how many people learn of city business, was noted by the Mayor.

During the Budget Ordinance section, Former Mayor Howard Erickson made a comment about street maintenance. He wanted to know what was earmarked for repairs, He noted the cracks in many streets. He said they should be fixed, so water did not get under the pavement and cause frost heave. Mayor Sun agreed and said streets were an important issue for him.

Dropping my "reportorial silence", I pointed out, that with few to no bi-monthy Mayor and Department reports, and few department "heads" to make budget recommendations, except for Police Chief Calkins, the department budgets could not be judged to be cost effective, nor supporting City Policies (such as the Comprehensive plan, Parks plan, Transportation and Capital facilities plans) because we (Council and Public) are not getting enough information. Despite an interruption by Mayor Sun, I was able to finish my comment

The Council Adopted Resolution 12-1216, authorizing the Mayor to execute an Inter local Agreement between the State Courts Administrative Office and City Court for Interpreter services.

On the Consent Agenda, 3 checks were pulled for separate consideration. Everything else was approved.

Pulled "warrants" were:
1) a check for about $280(?) to Mr. Howard Ericson, for work as the "City building inspector", under a verbal contract with Mayor Sun. The Council asked the City Attorney several questions about the City's legal responsibility, (the Council had no "contract" from Mayor Sun, nor did the Council approve the "hire" of Mr Erickson, as is required by City Municipal Code). Mr. Luce said the Council was under no obligation to pay Mr Erickson, The Council was advised that paying Mr Erickson could leave the City legally vulnerable because he was not a certified inspector. (FYI: we learned after the Meeting that Sound Inspections did re-inspect each of Mr Erickson's "sign-offs, and that Pacific's Building Inspector is required to be "certified" by the International Code Council.
www.iccsafe.org/Accreditation/Pages/default.aspx

During Public Comment on this Check, Mr Erickson spoke to the "emergency" (B.I. Roger Smith out on sick leave, on-loan B.I. Kelly Tally also took sick-leave) in building inspections, and justified his hire as keeping the building permit money flowing---

I pointed out that Building Inspectors are certified by an international council on building codes, and that as Mr Erickson had no certifications, he was not qualified to make inspections. I suggested that as Mayor Sun hired hin without authorization, he pay Mr Erickson out of his own pocket.
This Check (approval) FAILED.

2) A check to attorney(s) for Indigent Representation (Pacific-Algona Municipal Court) was approved, as the City is required to provide legal representation for those who cannot afford it.

3) A check for a Bill from the WA St Department of Retirement Services, for "retirement" that should have been collected during the entire eligible period of Pam Nelson's employment as Finance Director, going back to 2006, was questioned. Ms Garrison said this bill was run by the City Attorney to see if there was any way the City was not liable. Answer: No. Why? Answer: The City had revised the Personal Services Contract with Ms. Nelson (Temporary Finance Director). The revision made her a hired employee. Retirement was not deducted from her pay. Nor had the City paid it's half share. Ms.Nelson learned it should have been deducted, and matched, when she recently got a job with a municipality, and she informed Retirement Services, which sent the City a bill for the whole amount (over $20,000). Employers are require to submit both the employee's and the employer's contribution (which the City would have withheld). City did not, now it has to pay.
Council APPROVED the Check for payment
The City Attorney will, with Council approval, start proceedings to recoup Ms Nelson's share (half the bill).;

There was no Executive Session.
The Council Meeting was adjourned.


The above "report" is from memory. Don't trust mine.
I will be posting the videos to You Tube. I'll let you know when the first one is online----

I Hope some of you can make the Finance Committee tonight at 6PM.
It should be an informative meeting, as this will be the first opportunity to iron out the differences between the projected expenses and new income. Clint Steiger is the Chair. The Committee is NOT required to take Public Comment.

Best regards,
Jeanne

Come One, Come All - This Sunday

We will be meeting in the parking lot of the Senior Center at noon this Sunday to go door to door with information. If you can devote some time, please notify us via email at recallcy@gmail.com. It is imperative that we get information into the hands of the citizens. Cy Sun is trying to take this city down and we will not let that happen.

More Shenanigans By Mayor Sun

Last Friday, Mayor Sun was in Pierce County Superior Court once again - this time trying to get Judge Johnson to reconsider his request that city attorney Ken Luce be disqualified and removed as the city attorney. Numerous motions were filed (available here and here and here and here and here and here) and the judge was forced to waste the court's time to rexamine an issue that had already been carefully considered - not to mention the city time required to reply to these additional arguments.

The judge pointed out very emphatically that he had considered Mayor Sun's arguments carefully the first time and none of the new information presented contained anything that would change his mind. Judge Johnson denied Mayor Sun's motion and told him the city had better things to be doing with its time than arguing this issue. It is unclear if the city has to pay Sun's attorneys for this most recent court action, although it is presumed that Pacific has to pay for the attorney time required to respond to these new arguments. Meanwhile, vital city administrative positions remain empty and the city likely looses its insurance in a few short weeks.

Pacific No More?

UPDATE: Friday, November 16, 2012 @ 9:16pm:

The motion to bring the city to its end is now available via this link here. Read it, then join us as we try to save our city by recalling Mayor Cy Sun from office.
____________________________________________

Dissolving the City of Pacific is officially on the table. The city council approved a resolution tonight that sets a February vote on the ballot to dis-incorporate the city. If things continue on the current path and the city looses insurance coverage at the end of the year, city leaders believe it will be the only option left.  Other alternatives are being explored, such as being absorbed into an adjacent city or finding other insurance coverage. The News Tribune has more details in their article here...

Mayor Cy Sun  has set Pacific on a disaster course. His attempts to correct the mess he has created are too little, too late. He needs to leave office now if there is any hope of saving our city. Please consider  helping our recall efforts. Email us at recallcy@gmail.com to volunteer.

Cross-Appeal Filed

After Pacific Mayor Cy Sun appealed the recall petition, the committee has filed an appeal of their own in court today - asking the Washington State Supreme Court to reinstate the dismissal of some of the charges against Sun and urging an expedited review. The paperwork filed today is available via this link here...

The committee had no choice but to pursue this arduous and very costly alternative after Mayor Sun appealed, despite his numerous statements that he would welcome a vote by the citizens of Pacific. Both appeals are made directly to the state's highest court and involve many more hours of costly attorney time, preparation and arguments. The recall committee has retained the law firm of Oldfield & Helsdson, who successfully shepherded the recall of Pierce County Assessor Dale Washam. The recall process is complex, cumbersome and challenging - and almost impossible to negotiate without expert help. The committee must now raise another $15,000 to complete this step in the process.

It is unclear how Mayor Sun is paying for his legal team. Under state law, he must follow the same fund raising rules as the recall committee. His lawyers cannot charge the City of Pacific for any work they do on the recall campaign, although it is unclear if anyone from the City is allowed to review their invoices. Donations are limited to $900 per person and must be documented with the donor's name, address and employer filed with the Public Disclosure Commission. The recall campaign has been carefully following these rules, despite how limiting they have been. Meanwhile, Sun supporters are listing his attorney's names on local news web sites encouraging anonymous donations of any amount. It has not been an even playing field to date.

It is time for all the citizens of Pacific to step up to the plate and get involved. If every voter in Pacific donated just $6, we could cover this additional cost needed to fight Sun's appeal and get this issue out for a vote. We have to be willing to put our name on the line and take a stand to save our city. All this effort is to allow a vote on the recall, not kick Mayor Sun out of office. That decision will be made by the voters. Please help us give the citizens of Pacific that choice.

Donations can now be made at the Columbia Bank at 41st and A Streets, but please fill out the disclosure form when you make your donation. Thank you for your help and support in this important effort. It is vital that we allow Pacific residents the chance to vote as soon as possible.

Hail Mary Pass Thrown

In what some have dubbed a 'Hail Mary Pass", the Pacific City Council met briefly last night to pass the resolution below.The city is requesting help finding and funding insurance from anyone they can think to ask. Council President Leanne Guier was even authorized to send this request to anyone else she finds that may be able to help.

We need to remember the sole reason we are faced with this crisis is because of the actions of Mayor Cy Sun. He may be sincere, but he is unwilling to learn how to effectively govern. We deeply respect his service to our country as a war veteran, but Pacific is not a battlefield filled with enemies to kill. We are people who want to live in peace and raise our children in security.

Even though the council has agreed to fill three of the seven critical vacancies finally brought forward by the mayor, the crisis is far from over. The mayor has created a harsh,unstable working environment. It is challenging to attract any qualified applicants right now, or for Mayor Sun to agree to hire qualified people. We are nowhere close to ensuring we have satisfied the insurance company and the city will have coverage on January 1, 2013.

In the midst of the crisis, Cy Sun has chosen to spend precious time and energy to fight the recall petition and delay a vote - despite stating he would welcome the voter's decision. His decision to fight the recall rather than focus on governing this city speaks volumes about his true motives. Remember why we are in this crisis and who is responsible. And then help us restore sanity to this city while there is still time. Email us a recallcy@gmail.com if you want to help.

Council Meeting: Oct. 29, 2012

Highlights from the meeting tonight: KING 5 and KOMO were in attendance, so check their web sites for stories.

• Three vacant city positions were filled tonight; Patty Kirkpatrick as city clerk, Betty Garrison as finance director and Sheryl Finwall as community services director. The council voted unanimously to confirm each with the exception of one no vote on Finwall from Councilman Jones.
• Ken Barnett was not able to attend the meeting to be confirmed as public works director. That discussion was delayed until the next meeting.
• Another special meeting has been scheduled for this Thursday night at 6:30pm to discuss the resolution below asking any and all to help fund insurance for the city.
• The meeting last week with the current insurance company and town officials confirmed that they want to see the administrative positions filled and to see the council and mayor get along. Mediation services have been agreed to by both the mayor and council.
• Dis-incorporation needs to be put in place just in case the insurance issue cannot be resolved. The resolution must be approved 90 days before an election to get it on the ballot for a special election. The council is aiming for the February 12, 2013 election. They can cancel the special election anytime before December 28th. They hope the situation will be clear by then and they can decide to pull back or proceed with dis-incorporation.

Council To Discuss Dis-Incorporation Tonight

A special council meeting will be held tonight at 6:30pm at city hall. The topic of dis-incorporation of Pacific will be explored. Public comment is welcomed. This is a very important meeting to attend. If you can make this meeting, we highly recommend it.

Council Meetings

City business is conducted, in large part, at council meetings. Direction is set, decisions are made and policy decided that determine the direction for our city. The mayor is required by law to run the council meetings. If he cannot, the mayor pro-tem takes over.

Among many other problems created by Mayor Sun, he has been unable or unwilling to run the city council meetings - usually leaving before public comment where residents express their frustration to him. Sun has offered a wide variety of reasons for walking out or missing the meetings. The council has made valiant efforts to accommodate the mayor's hearing problems, but Sun will not work with them.

If you want to see for yourself how our mayor runs the meetings and some of the reaction from those trying work with him, these resources are available:

• October 22, 2012 Council Meeting
• list of more council meetings and workshop videos on the left of the screen
• Councilmember Putnam's Response to Sun's Latest Excuses
• Pacific City Signal Community News

January 1, 2013 In Pacific

Pacific police disbanded, senior and youth services cease to exist, water and sewer assets are surrendered to some unknown entity, municipal court disbanded - this is an outline of the stark reality our city leaders are facing in just 10 short weeks. The Pacific council is doing all they can to save our city. They have been working with the city's insurance company, trying to find solutions. They have explored other insurance companies but not found an answer yet.

In what must be one of the most heart-wrenching tasks imaginable, the council has begun to prepare for the loss insurance on January 1, 2013. This is new territory. The council has asked for help from MRSC, the state resource for municipal governments. Even after weeks of research, no one is completely sure what Pacific will look like with no insurance. This spreadsheet is a work-in-progress, but represents what will happen very soon unless there is a drastic change in course.

The council president will meet with the insurance company, the city attorney and the mayor this Thursday to plead for more time or to find some other solution. Given the impact of insurance loss listed above, we hope some agreement can be reached.

The council will hold a special meeting on October 29th at 6:30pm to discuss dis-incorporation. Please attend if you can. We believe public comment will be allowed.

Recall Signs Available

*************BULLETIN**************

Please email mrkarlfines@gmail.com for recall signs. Anyone that emailed for signs prior to today will still get their signs. The recall committee is not directly involved in these signs, but we are very pleased to see this grassroots effort to give Pacific a fresh start!


TO GET YOUR RECALL SIGNS, EMAIL -

***** mrkarlfines@gmail.com *****

Fire Authority Responds

Recall Appeal

Sun Appeals Recall

Words cannot express our disappointment that Mayor Sun has decided delay the vote on his recall by filing an appeal today. Our goal all along has been to give the voters in Pacific the right to decide to keep Mayor Sun in office or not.

Sun has appealed the decision of Judge Inveen (that found sufficient evidence to allow a recall vote to proceed) to the State Supreme Court. The mayor's appeal likely delays any vote until after the insurance company's cancellation deadline of December 31st. The appeal also means another very costly legal battle with strict rules regulating raising funds to continue this fight.

A very disappointing day. We will get more details as soon as we can.

Everyone Else Is Wrong?

This most recent rant by Mayor Sun exposes once again his belief that everyone who disagrees with him is wrong and "corrupt", even in the face of irrefutable evidence. Here is only a partial list to date:

• The firefighters say Mayor Sun is wrong.
• The police say Mayor Sun is wrong.
• The city council says Mayor Sun is wrong.
• The civil service commission not only says Mayor Sun is wrong, they say he is "less than truthful".
•  Pierce County Superior Court Judge Culpepper says Mayor Sun is wrong.
• King County Superior Court Judge Inveen says Mayor Sun is wrong.
• The city's insurance carrier says Mayor Sun is wrong.
• The unions say Mayor Sun is wrong.
• Numerous residents, city employees (and former employees) and business owners say Mayor Sun is wrong.
• Editorialist Ken Schram (KOMO) and Mark Klass (Auburn Reporter) say Mayor Sun is wrong.  

But Mayor Sun still says he is right. However sincere he may have been in the beginning, Cy Sun has proven he no longer has the best interest of this community at heart. He is engaged in what he calls a war, with no proof and mounting evidence that he has been wrong all along.

The main causalities of this man's attacks are the citizens of Pacific. His stubborn refusal to treat people with respect and act in the professional manner his position as mayor requires may well cost us our city. If Mayor Sun will not make the honorable choice to resign, then we have no choice but to recall him from office. Our children deserve the chance to call Pacific home.

Mayor Sun Upset With Fire Department

On Friday, Mayor Cy Sun sent this letter to Valley Regional Fire Authority (VRFA) Administrator Eric Robertson objecting to a donation to the Recall campaign by the firefighters' union. Mayor Sun felt that the donation amounted to a "Kick-in-the-Head" and it was "the most humiliating and nasty overture that ever happened to me." It appears that the Mayor is contemplating his resignation from the VRFA Governance Board as a form of protest.

Mayor Sun does not understand that the firefighters' union is a separate entity from VRFA. But more importantly, he is clearly objecting to the firefighters' exercise of the 1st Amendment right to free speech. Unions have always been very active in political campaigns and this recall campaign is no different.

We believe this letter provides valuable insight to how Mayor Sun treats city employees. This correspondence offers some clues about why so many employees have left the city this year. We hear from past employees that the Mayor has created a hostile work place with his tyrannical leadership but because he has a record of suing anyone who speaks the truth about his character, they won't go on the record.

You be the judge based on the available evidence. Here's the mayor's letter to Administrator Robertson.

Sun Responds To Recall Judgement

Mayor Sun passed out this announcement to city employees today (link to full announcement here). His cover letter below gives insight into his mindset and his lack of willingness to work with the rest of the city...

Not So Sweet Vindication

This open letter is from Sgt. Pickett's wife. As always, we welcome your thoughts. Email us at recallcy@gmail.com with your input...

________________________

 

Judge Inveen’s findings yesterday that Cy Sun has abused the public’s trust brought a sense of relief for me. I’ve watched my husband pour his heart and soul into his career protecting the citizens of Pacific. To have his career brought to a premature end by this mayor has been hard to watch. The suffering of real people both at city hall and on the streets of Pacific over the last ten months has been unfair and unjustified. To have that injustice recognized by the court yesterday should have felt sweeter than it did.

 

Any fleeting sense of victory was quickly swallowed up by the reminder of how close the city is to collapse after the city attorney urged the council to prepare to dis-incorporate. I sat in that courtroom yesterday with people who love Pacific and are willing to fight to save it. I know there are many more out there who feel the same. They may not get that chance, and once again Mayor Sun holds all the power. If he appeals Judge Inveen’s decision, he pushes the vote past the insurance carrier’s deadline. This system is so unfair.

 

My husband has worked hard to make Pacific safe. He can't protect the city against this internal harm. He has watched mayors come and go. He’s seen the political tide change so many times in the last 25 years that the hope was to just hang on and wait for the next change in tide. That so much destruction could occur in such a short time was unimaginable last January. There is not time to wait this out. All the efforts by those who love Pacific may not be enough. Again, this system is so unfair.

 

As difficult as it is to retire now; as unfair as this system is; as less-than-satisfying the vindication that came with Inveen’s ruling yesterday – it is the citizens of Pacific who suffer the most. They lose a trusted cop and friend. They are faced with increased home owner insurance premiums. They risk the loss of their senior center, police force, water system and more. They watch their community be torn apart by the anger and lies. No, there is no sweetness in the legal victory yesterday for me. Only tears and the increasingly difficult struggle to make sure Pacific survives this latest political storm.

Karen Pickett

$9 Million More Claimed

KING 5 is reporting that an additional $9 million in damages have been filed against the city today, bringing the damage total to over $11 million claimed by current or former employees. All damages are directed at Mayor Cy Sun. Former mayor Rich Hildreth has also filed a claim alleging that Sun used city resources to publish false information about him.

The current insurance coverage is capped at $10 million. It is unclear who bears the liability if that coverage is exceeded. Elected officials? City employees? Does Mayor Sun bear the sole liability? And how can the city have any hope of getting an extension on their current policy - or finding a new insurance company willing to insure the city - while Cy Sun is mayor? Mayor Sun should be held accountable for all these issues (and so much more).

You can read the full story here... If you are the praying type, now would be a good time to pray for our city...

City attorney advises council to consider disincorporation as a contingency

City attorney Ken Luce today sent a letter to the City Council and Mayor saying, "if the operation of the city does not improve ... I recommend the city prepare a contingency plan for its disincorporation and bankruptcy." The move is advised to avoid personal liability to the employees. The letter can be viewed in its entirety here ...

Proposed Order

The judge had to leave before signing the order allowing the recall to move forward, but both sides agreed to the language contained in this order. Judge Inveen's clerk expected she would sign the order this afternoon without any major changes. You can read the order and new ballot language via this link.....

Judge finds allegations sufficient to proceed with recall effort

After a spirited debate in court this morning, Superior Court Judge Laura Inveen found two of the charges sufficient to proceed with the recall election. Details will follow later but here's what's next.

We have to wait until the 16th day after the hearing to begin gathering signatures on the recall petition. After we gather the signatures, we will turn them into the elections office to be verified. The elections office is required to schedule an election between 45 and 60 days after the signatures are verified.

So we're still at least a couple of months away from seeing this recall effort come to a conclusion.

Stay tuned. We'll keep you updated and let you know when we're ready to gather signatures.

It's a good day for the City of Pacific.

No Criminal Charges

The investigation into allegations that Mayor Sun destroyed public documents has been completed by the King County Sheriff's office. There is not sufficient evidence to charge him with a crime. The counter criminal allegation against the arresting officers investigated by the State Patrol - that Sun was not treated correctly in his arrest by Pacific Police - has been found to be without merit.  The King County Prosecutor's office has decided not to file charges. KOMO News has more here...

Just because Mayor Cy Sun's actions in this one incident do not rise to the level of criminal charges does not mean he is absolved of his duty to lead our city with integrity and honor. His actions in office clearly meet the definition of malfeasance and misfeasance, which are the basis for our recall effort. We hope the judge will be able to sift through the legal games and allow the citizens to vote on the recall. The third attempt to hold a hearing on the recall is scheduled for next Tuesday. We will provide an update as soon as we can.

Important Reminders

6606 = residents of Pacific
2591 = registered voters
1157 = people who voted in the last election
470 =  votes for Cy Sun

687 = people who voted that did NOT vote to elect Cy Sun
2121 = registered voters that did NOT vote to elect Cy Sun
6136 = residents that did NOT vote to elect Cy Sun

89.3% of the Residents of the City of Pacific DID NOT vote Cy Sun into office!

Also this reminder about what happens after a successful recall. In a nutshell, the Mayor Pro tem will serve as mayor temporarily until the council appoints someone to that position. The council is required to appoint someone within 90 days. The person appointed will only serve as mayor until the following November when the VOTERS will choose.

From Municipal Research & Services Center (MRSC):

City and town elected officials are nonpartisan, that is, they have no political party designation. When anelected, nonpartisan position becomes vacant, the remaining members of the legislative body make an appointment of a qualified person to fill the position.

163 If there are two or more vacancies and two or more councilmembers remain in office, the remaining councilmembers appoint someone to fill the first vacancy, then the remaining councilmembers plus the newly-appointed person fill the next, and so on until all of the vacancies have been filled.

164 If fewer than two councilmembers (i.e., one or zero) remain, the county legislative authority appoints one or more qualified person(s) to fill the vacancy or vacancies until the council has two members, and, once there are two members, those members can fill the remaining vacancies as outlined above.

165 The city or town council has 90 days from the date the vacancy occurred to fill the vacancy or vacancies. If the council fails to do so, the county commissioners or council make the appointment or appointments.
166 The county has 90 days (180 days from the date of the vacancy’s occurrence) to make an appointment; if it fails to do so, either the county or city or town may petition the governor to make the appointment.

167 The person appointed to fill the vacancy continues to serve until a qualified person is elected at the next election at which councilmembers are elected, if the election occurs 28 or more days after the vacancy occurs.

168 There are some special rules that apply when filling a vacancy in the office of mayor (in the mayor-council form of government). In a second class city, the appointment must come from within the city council.

169 In other classes, there is no such limitation. However, informal advice from the Attorney General’s office suggests that (except in second class cities) a city or town council cannot appoint one of its members as mayor unless the councilmember in question has resigned prior to the appointment.

It should be noted that the person that is appointed to the position of mayor more than likely will want to run for the spot in November. That means that they will need to prove themselves dedicated to taking the city in a positive direction in a manner that the voters deem appropriate and effective in short order.

Why We Love Pacific

Former City Council Member Gary Van Hee shared these thoughts with us recently. These are the reasons why its so important to save our city; why its vital that we fight hard even when the challenges seem so great. It's time for a fresh start that takes us back to our roots - both of which are possible if the citizens of Pacific are allowed to vote on this recall soon.

My wife and I purchased our home in Pacific in 1984.  It is the only home we have ever had and paid off the mortgage 2008.  We raised our 2 kids here and they are now grown adults.  Our home is not a big fancy house, but it does keep the weather out, heat in, and rain off our heads. 

Our home is special to us.  It is the family home where we have gathered to celebrate birthdays, holidays and special events.  We have celebrated multiple generations of baby showers in our home.  Twenty eight years of organic produce from our garden has been shared with many.

Why is it special?  Because of our neighborhood and community.  Pacific has been a safe place to raise a family.  Mostly quiet streets, a few park spaces, trails by the river and a fairly nice swimming hole for the skilled swimmers.  And it is close to high quality schools, shopping, and theatre.  It is easy to commute to Seattle, Tacoma, mountain and ocean.  For us it is an ideal place to raise a family. 

Pacific is a family community.  It is over 100 years old.  It has been home to an Easter egg hunt for over 60 years and annual community celebrations and parades during Pacific Days.  Good, solid, Norman Rockwellish home town traditions.

Pacific is this way because of the care, hard work and dedication of its citizens.  Numerous elected officials have come and gone over the past 100 years.  It would be impossible to count the number of people have volunteered their evenings for years to participate on the many boards and commissions.  In addition the Fire department was operated by volunteers for almost 70 years.  Pacific’s own hard working dedicated community members doing their very best work to help Pacific remain a safe and family oriented community.  

For me, it is so hard to understand why Cy Sun seems to be intent to destroy over 100 years of hard work and dedication of thousands of dedicated, hard working, honest people.  His actions are the epitome of disrespect to women and men who have served before him and current citizens.  

I have tried to give him credit.  Maybe he really wants to make things better.  But thus far his actions have not produced results that take Pacific in a positive direction.  And time is against him and the city council now.  And time is a ticking time bomb for the residents of our community.

I keep thinking that maybe Cy Sun might take some time and be open minded about his critics.  Maybe if he could try to understand the reality of his decisions, he might realize that his opponents have a point.  Maybe he could say to himself;  “Well I really thought I was doing the right thing.  I gave my best but it is just not working out”.  

Right, wrong or indifferent Mr. Sun’s actions have set up the City of Pacific for failure and the citizens who live here will pay the price for a very long time.   

Gary followed up his letter with more memories...

One Easter when my daughter was 3 or 4 I took her to her first Easter Egg hunt at Pacific Park.  My wife, Cindy, thought she was too small and felt that we should not take her.  But I persisted and convinced Cindy that she had nothing to worry about.  Cindy stayed home and prepared Easter dinner and I took Alyssa to her first Easter Egg hunt.

 

Alyssa was all dressed up.  Easter dress, bonnet, shiny shoes and basket.  So we lined up and the appropriate place for her age group and gazed out upon the many colorful eggs just lying there waiting to be hunted. Suddenly the siren blew and Alyssa was off like a shot.

 

But as I saw her take off, she suddenly blended into the sea of kids all dressed up.  There seemed to be hundreds of bonnets, dresses and baskets.  Which one was mine? 

 

Suddenly I thought -  Ooooh,  Cindy will not be happy that I lost Alyssa at the Easter Egg Hunt.  As I began to figure out what to do next I looked at the river.  There were volunteer firefighters lining the river.  OK, I thought.  She won't get into the river.  Then I surveyed the far reaches of the park, looking at the worst possible places.  Well Alyssa was not in those places.  Cindy might be happier now.

 

Then I caught glimpse of Alyssa, then gone again into the sea of bonnets, baskets and cute little dresses.  Then I realized that if anything happened this would be Alyssa’s last Easter Egg hunt until she was a grown woman living on her own. 
 

As I settled down a little I thought; well Alyssa will just need to find me.  I will watch the perimeters, stay close by and she will find me.  For the next few tense moments I would catch a glimpse of her every now and then.  And finally she found me, just as I thought, and we took her treasures back to Cindy.  

When my son. Joshua was 3 or 4 I took him for his first hunt.  Alyssa had 4 years of experience by then.  And I lost Joshua too, but I was a little less panicky.  Been there, done that.  And after a few years of them hunting eggs, year after year I finally let Cindy know about how I first lost Alyssa at the Easter Egg hunt.  But by then, Joshua and Alyssa were able to enjoy this wonderful family event.  

I wish the Easter Egg Hunt would return to Pacific.  It started in about 1945 and continued until the Fire Department was no longer volunteer.  About 70 years or so.

Sgt. Pickett Retiring

Pacific Police Sgt. Jim Pickett announced today that he is retiring after 25 years of service to the citizens of Pacific. He has more years of service in our city than any other officer. His last day will be October 31st.

Pickett expressed appreciation for all the wonderful Pacific residents he has met over the years. He noted that when he first started the department didn't even use a typewriter for reports. Everything was done with pen and paper. Getting something wrong on a report meant getting out a clean report form and starting over. He said it was a big deal when the department got Polaroid cameras for crime scene photos.

"The City hired me in a full time position on September 1, 1992. Since then, I’ve had a chance to see the department go through the purchase of its first computer, followed by a computer network, and then computers in the cars. Most of us now use our department-issued cell phones to take crime-scene photos. And now the even the radio system is computerized."

A lot has changed in 25 years. Sgt. Pickett has seen some heated politics and admits this latest round of turmoil at city hall has been draining. He says it's finally time to hand in his badge and let the younger officers take over the streets. 

A copy of Pickett's retirement letter is available here...

Pacific Is A Great Place

Most residents of Pacific already know, this city is a great place to live, work or own a business. Despite heated local politics, we have caring neighbors, responsive public safety professionals, dedicated city staff, great community services and celebrations and one of the most beautiful locations in Washington to call home.

There is a lot about this recall campaign that is hard. Emotions run strong and feelings get hurt. It's necessary to focus on the negative much of the time. But the goal of this recall effort is positive. It's a chance to rebuild all that is good about Pacific. If we are successful, the recall offers a fresh start - where we can focus on what is good about our city knowing that our government is running effectively in the background.

That focus on what makes us a great community is important even now; especially now. Let's not wait. Please share with us what you love about Pacific. Tell us a story about a time something went right; when the police or fire department came to the rescue, when public works was helpful, a successful family picnic in our beautiful park, a time when neighbors came together to help.

Email your thoughts to recallcy@gmail.com. We'll share your stories here on the blog and elsewhere. Let's remind ourselves about why we exist, about why it's so important to save our city. And thank you to so many who make Pacific the great place it is...

Recall Delayed Again

Before the hearing this afternoon, recall committee members were able to speak face to face with Mayor Cy Sun, reiterating our appreciation for his service to our country and reminding him that this recall effort is not personal. It is based on concerns about his leadership in office, not his leadership on the battlefield.

King County Superior Court Judge Laura Inveen made it clear early in the recall hearing today that she was not going to rule on the issue immediately. Paperwork on the case was being filed as late as this morning. She felt she had not studied all the material enough to reach a decision, but she could have held the hearing today and issued her decision in the next few days rather grant the formal hearing continuance requested by Mayor Sun.

The first procedural issue to address was the motion for a continuance (where the hearing is delayed to a later date). The mayor's attorney laid out his case supporting a delay.

Among his reasons:

• He had no idea he was representing Mayor Sun in this issue until last Friday when a reporter asked him about it. After the reporter's question, the attorney called Sun and confirmed he was on the job for both the writ hearing yesterday and today's recall hearing.
•  Despite Mayor Sun knowing about this hearing since August 27th and the state law requirement that this hearing be held within 15 days of filing (which would have been September 20th), Sun had not had time to prepare his case.
• There is no longer any rush for this action, since "the person acting as the city attorney" had stated at the writ hearing yesterday that once the writ of mandate was signed by the judge, the city's insurance would not be canceled (a statement that was never made).

The recall attorney then presented the reasons to deny any further delays. Some of the highlights of his argument:

• The process is supposed to give deference to the citizen's right to recall elected officials from office. Another delay is contrary to that deference.
• The recall attorney had quickly, without even checking with his client, already granted a continuance so that the mayor could attend the reunion with his fellow veterans because the reason was so important.
• The issue of losing insurance is very relevant. No employees can continue working the moment that coverage is dropped. The fact that the city loses insurance on December 31st is one of the certainties in this timeline. Anything else is speculation.
• Getting this issue on the ballot before December 31st is a vital piece of showing the insurance carrier that the citizens of Pacific are doing everything they can to address the insurance carriers valid concerns.
• Every day counts. Any delay adds to the citizens already immense burden to get this issue out for a vote in time.

After the judge asked for some clarifications, she ruled in favor of Mayor Sun and allowed the delay. The hearing was rescheduled for October 9th at 10am.

Mrs. Sun in the front bench with recall Chairman Don Thompson and his attorney Jeff Helsdon to the left, Mayor Sun in yellow with his two attorneys and one of the King County prosecutors standing (who wrote the ballot summary - as required under the law).

Recall attorney Jeff Helsdon being interviewed by Gary Horcher, KIRO TV News, in the King County Courthouse lobby.

Sun Promises To Delay Recall Vote

UPDATE, 12:35am, September 26, 2012:

The post on Mayor Sun's blog promising to appeal the recall has already been taken down, less than an hour after it was noted here on the recall blog. The link in the story below will no longer work, but copies of the mayor's post are available. Email us at recallcy@gmail.com if you need a copy.
___________________________
As many expected, Mayor Sun announced on his blog tonight (link here) that he will appeal the recall effort if it is allowed to move forward tomorrow in court. If he appeals, getting the issue to a vote will be delayed for several weeks if not months, and probably push any hope for a public vote past the December 31^st deadline the city faces with the insurance carrier.

Mayor Sun states that his reason for appealing is because he is offended that the recall committee questioned the dates he said he was attending a veteran’s reunion. The only reason the dates were an issue was because they were used to delay the recall hearing. And every delay is so costly right now. All we want is to get this issue before the voters of Pacific and let them decide if Mayor Sun should remain in office.

We want to reiterate that the committee’s concerns were with the dates Sun said he was available. In no way did we question or berate his decision to attend the reunion (more details on our concerns here and here). The recall committee, along with the rest of Pacific’s citizens, deeply appreciates Cy Sun’s service to our country. One of the freedoms that Mayor Sun fought for was the right for open, calm, civil dialogue in the public square – a freedom we cherish.

Although we disagree with the mayor, we strive for civility. We will maintain that calm, open approach despite his actions or war-like response on his blog. We will be very disappointed if Mayor Sun chooses to appeal the recall effort. The people he hurts are not the recall committee members; it’s all the citizens of Pacific.

Writ of Mandamus Upheld

UPDATE, 10:20pm:
Here is the link to the writ as signed by Judge Culpepper today.
____________________________

The court action for Mayor Sun started today with a hearing on the Writ of Mandamus, where the council is trying to force him to follow the law. Specifically, Sun is ordered to hire qualified people for essential city functions immediately. Although the mayor and his attorney attempted to delay the hearing again today, the judge refused and confirmed the writ with some minor modifications. The court ordered Mayor Cy Sun to follow the law or face contempt of court charges.

KING 5 was at the courthouse and KOMO appears to preparing a story, so check the evening news. We will post more details about the court proceedings (antics) today and the writ later tonight.

Big Day Tomorrow

Barring any further delays by Mayor Sun, the recall effort will finally have its day in court tomorrow, Wednesday, September 26th at 2:30pm. If the judge approves the recall ballot language and finds sufficient cause to allow the issue to go out for a vote, signatures can then be collected.

But we have to wait 15 days before getting signatures to see if Sun will appeal the judges opinion. Let's hope the mayor is telling the truth when he says he welcomes a recall. He can prove his sincerity with no more delays and allowing a vote as quickly as possible. If Mayor Sun does not appeal, signature gathering can start on the 16th day after the judge approves the recall petition.

As we wait for the next step to play out, please contact us if:

• You want a yard sign (more are being printed)
• You want to help gather signatures when the time comes
• You want to sign the petition

You can email us at recallcy@gmail.com.  We will post any updates here as soon as we can.

Ballot Language Ready

The recall effort took a step forward today with the filing of a motion that outlines the ballot language proposed by the prosecutors office. The motion lists five formal charges and summary evidence for each. The judge is asked to approve the motion and allow the citizens of Pacific to vote on the recall of Mayor Sun. The hearing on the issue is scheduled for this Wednesday, September 26th. The full motion is available via this link...

Proof: No Corruption In Pacific Finances

Presented below are direct quotes, taken from the three (3) Financial Audit Reports, performed by the Washington State Auditor’s Office. These comprehensive reports demonstrate that the City of Pacific has had clean audits for the past several years.

This independent information verifies that Mayor Cy Sun is intentionally misleading the Pacific community when he claims “corruption” and “For the first two years, the out-of-balance was nominal, but then it started to build up to $10.9 million in 2011. Why wasn’t it not revealed to the PUBLIC? “

Because it is not true.

See for yourself by clicking on the link below and going on the State Auditor’s website; select “Local Government,” and then select the “Pacific, city of”.

http://www.sao.wa.gov/en/audits/pages/search/auditreportsearch.aspx

        Washington State Auditor’s Office

Financial Statements Audit Report

The mission of the Auditor’s Office is to “work in cooperation with our audit clients and citizens as an advocate for government accountability. As an elected agency, the State Auditor's Office has the independence necessary to objectively perform audits and investigations. Our audits are designed to comply with professional standards as well as to satisfy the requirements of federal, state, and local laws”.

Independent accountability audit of the City of Pacific for January 1, 2008, through December 31, 2008.

Report Date August 28, 2009

Audit No. 33073

RESULTS

“We evaluated internal controls and performed audit procedures on the activities of the City. We also determined whether the City complied with state laws and regulations and its own policies and procedures”.

“In the areas we examined, the City’s internal controls were adequate to safeguard public assets. The City also complied with state laws and regulations and its own policies and procedures in the areas we examined.”

 “No findings have been reported in the last five audits (2004 through 2008).”

 

Independent accountability audit of the City of Pacific for January 1, 2009, through December 31, 2009.

Report Date September 15, 2010

Audit No. 35850

RESULTS:

“In the areas we examined, the City’s internal controls were adequate to safeguard public assets. The City also complied with state laws and regulations and its own policies and procedures in the areas we examined.”

“No findings have been reported in the last five audits covering 2004 through 2008.”

Financial Statements

Internal Control over Financial Reporting:

“We reported no deficiencies in the design or operation of internal control over financial reporting that we consider to be significant deficiencies.”

“We identified no deficiencies that we consider to be material weaknesses.”

“We noted no instances of noncompliance that were material to the financial statements of the City.”

“We reported no deficiencies in the design or operation of internal control over major federal programs that we consider to be significant deficiencies.”

“We identified no deficiencies that we consider to be material weaknesses.”

 Independent accountability audit of the City of Pacific for January 1, 2010, through December 31, 2010.

January 1, 2010 through December 31, 2010

Audit No. 35851

RESULTS:

“In the areas we examined, the City’s internal controls were adequate to safeguard public assets. The City also complied with state laws and regulations and its own policies and procedures in the areas we examined.”

“The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards”

“The City has been free of findings for the last six audits covering 2004 through 2009.”