Taxpayer group says city of BI just outspent us in lawsuit

Bainbridge Taxpayers Unite refutes the reasoning in the July 17 news release issued by the City of Bainbridge Island titled “The City Succeeds in Obtaining Dismissal of All Claims with Selection of the New Police-Court Facility.”

•Councilwoman Kirsten Hytopoulos said, “While the city ultimately obtained a resounding victory in this case….” That statement is false. There was no conclusive judgment. The case was dismissed once BTU was outspent by the city. BTU ran out of funds and had to quit.

•Councilman Joe Deets said, “Throughout this case, we (the city) have been clear that plaintiffs’ actual purpose in filing this lawsuit was to air their political disagreement with the City Council’s decision to purchase the Harrison property.” That is false. BTU sued because evidence showed the council was duped into paying $6 million more for the Harrison property than it was worth. BTU’s suit asked for the agreement to be rescinded to recoup taxpayers’ money. Then the city could renegotiate the deal at a realistic price.

•“Councilmember (Michael) Pollock voted against selection of the Harrison property.” That is false. Pollock was not on the council when that vote took place in 2018.

In its statement, the city glossed over what they described as “a state ethics law.” Specifically, RCW 42.23 dealing with Conflicts of Interest. Beginning in May 2020, people associated with BTU started to investigate why the city spent more for Harrison than it was worth. Public Records Requests focus on the role played by councilmember Kol Medina. He negotiated the final deal with a representative of Harrison who was a major donor to the Kitsap Community Foundation, where Medina was president and CEO. Medina, who cast the deciding vote, negotiated a deal far more beneficial to his client than to BI taxpayers. At no time did Medina disclose that potential conflict of interest with his council colleagues. Medina did not recuse himself. Within five months Medina abruptly resigned and moved to Eastern Washington.

•Councilwoman Leslie Schneider said, “I really sympathize with the former city employees and officials who were dragged into this lawsuit.” She did not sympathize with taxpayers who had to spend $6 million too much, plus the $3 million in interest from councilmanic bonds.

BTU repeatedly asked the council to investigate the purchase of Harrison. BTU was specifically interested in the appraisal process used to deceive the council. They refused to do so – and the audit of the appraisal process was announced then canceled by city manager Blair King. We continue to wonder if the appraisal process followed best practices. Instead, they defended those who helped rip off the taxpayers. Our council has shirked its fiduciary responsibilities to citizens and instead protected former city officials.

Cases like citizen-supported BTU’s rarely succeed because they rarely can outspend government, which is why ethical wrongdoing flourishes at the local level. BTU thanks those who donated to the cause. COBI succeeded in making the case go away, but it can’t make the facts go away.

Mary Clare Kersten is a member of Bainbridge Taxpayers Unite.