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...