Toledo city manager-clerk-treasurer Michelle Whitten gives the mayor of Winlock and Winlock City Council members a copy of an invoice for funds Winlock owes Toledo on Monday evening in Winlock.
Winlock Mayor Don Bradshaw asks if there is a motion for a vote of no confidence for the mayor on Dec. 10 in Winlock.
Almost no seat remained empty at Winlock City Council’s regular meeting Monday evening, where two issues concerning legal conflicts with the City of Toledo and one of its employees surfaced and the city council entertained a motion for a vote of no confidence in Mayor Don Bradshaw.
Craig Franklin, who said he represents C & C Investigations, served Winlock with court papers during the public comment section.
“I’m also representing Rogers Key Card and Strophy, who represent Samuel Patrick,” Franklin said. “I’m hereby serving court papers on the city and the mayor.”
Winlock City Council members Anne Randt, Andrew Maloney, Jodie Curtis and Connie Sneed declined to comment after the meeting adjourned. Winlock City Council member Barbara Pedersen was not present. Bradshaw could not be reached for comment after the meeting.
“My lawsuit is not nothing,” said Toledo Police Sergeant Sam Patrick, after the meeting adjourned.
Bradshaw took office in January of this year, and soon after attempted to terminate a contract with the City of Toledo for law enforcement services. The City of Winlock sent a letter dated Feb. 27 that claimed “breach of contract” and accused Patrick of the felony crime of burglary.
Patrick subsequently filed a $3 million discrimination and defamation tort claim against the City of Winlock. In the state of Washington, individuals must file a tort claim before they can file a lawsuit against a government entity.
After Winlock’s claims administrator declined to negotiate a settlement, Patrick told The Chronicle at the end of November his lawyer would file the lawsuit sometime in December.
“Because of his written comment indicating that I was suspected of being in an unlawful area — that comment alone — indicated that I was a suspect in a felony crime,” said Patrick at the time. “Because of that, my department could not just let it go. It has to be investigated and it has to be investigated by an outside agency. … They made a written, accusatory, felony statement of activity that I allegedly did and then just left it.”
Both Bradshaw and Toledo Mayor Steven Dobosh signed a mediation settlement agreement — along with their attorneys at the time — in June. As part of the settlement agreement, the contract for law enforcement services ended early and Winlock rescinded all its claims of material breach as “baseless and without having justification.”
At the end of November, Bradshaw said that the City of Winlock was involved in a lawsuit with the City of Toledo. The Winlock City Council approved a motion for “Council authorization to cancel lawsuit against the City of Toledo” at a special meeting on Tuesday, Dec. 6.
However, there is no record of a lawsuit from the City of Winlock against the City of Toledo on Lewis County’s online database and Toledo city manager-clerk-treasurer Michelle Whitten said Toledo has not been presented with paperwork from Winlock.
Whitten spoke during the public comment section and gave council members a copy of an invoice for court services, with a highlighted portion of the mediation settlement agreement that obligates Winlock to pay Toledo.
The agreement reads, “Winlock shall pay Transportation Costs to Toledo as necessary through August 15, 2018. Winlock may choose to provide their own transportation of in-custody defendants at their own expense.”
According to an invoice from Toledo, Winlock owes the city $351.21 for court services in June and delinquent payments. Bradshaw attempted to stop Whitten from speaking, but she continued.
“In the mediation report, part of it was Toledo would still provide services for police going and getting prisoners and transporting them to court and the city of Winlock would need to pay for that and that hasn’t happened,” Whitten said. “... The City of Toledo has not been served, so I don’t know anything about litigation. I’m hoping that the council is now informed of what’s going on.”
Five other people spoke during the public comment section, but only one other comment was related to Toledo. Paul McMillan had questions about the 2018 Winlock Police Department budget.
“At what cost to us does it cost?” McMillan asked. “How far do you want to go and push people in 2018 to accomplish that goal? We came out of a contract with three officers doing 20 hours (per) day and now we have two officers, one being the chief that works (four 10-hour days).”
Bradshaw began talking to McMillan during his three minutes, and did not let him finish.
Later in the meeting, budget issues became another point of contention.
Winlock City Council held a budget hearing at the beginning of its meeting, but tabled the first reading of the 2019 budget, or Ordinance 1070 — 2019 City of Winlock Budget.
Curtis made a motion to approve the first reading of the budget, while Sneed seconded. Both Randt and Maloney abstained. Bradshaw attempted to vote and break the tie, but multiple audience members interrupted and told him it was illegal. He pounded the gavel every time someone in the audience attempted to stop him from voting.
According to RCW 35A.12.100, “The mayor shall preside over all meetings of the city council, when present, but shall have a vote only in the case of a tie in the votes of the councilmembers with respect to matters other than the passage of any ordinance, grant, or revocation of franchise or license, or any resolution for the payment of money.”
The council does not currently have legal counsel to consult with, after it terminated its contract with law firm Hillier, Scheibmeir & Kelly P.S. on Dec. 4 at a special meeting. The council set a special meeting for 9 a.m. on Thursday, Dec. 13 for the first reading of the 2019 budget.
There was an item on the agenda labeled “Councils Request to Hire Independent Council for the Winlock City Council.” After discussion over clarification, it seemed Maloney wanted permission for council to begin a search for another city attorney. Bradshaw said he was already looking for a city attorney.
“I have talked to three attorneys that were recommended and none of them want to touch it,” Bradshaw said. “I have moved to Cowlitz County and I have talked to (one) in Castle Rock — he doesn’t want to do it. I’m waiting for a call back from the Kelso City Attorney.”
Randt said she wanted an attorney from Lewis County.
