Posted on 05/18/2005 11:12:54 PM PDT by Guht
City may get West's legal bills Mike Prager / Staff writer
May 18, 2005
© The Spokesman-Review 2005
Spokane Mayor Jim West's private legal bills stemming from allegations of sexual misconduct in office may be left for city taxpayers to pick up.
City Attorney Mike Connelly said the city generally pays individual legal costs incurred by its elected officials. State law and city code may allow for the reimbursements, but the City Council would have to approve payment.
West has assembled a team of Spokane lawyers, including attorneys Bill Etter and Michael McMahon, to defend him in a recall petition, a preliminary FBI investigation and an internal city investigation stemming from allegations that West used his office to solicit dates from young men.
Etter has been acting as spokesman for the group, but reportedly was in trial in Seattle this week. West has not been available, city officials said.
An investigation published by The Spokesman-Review beginning May 5 included allegations that West molested two boys in the 1970s when he was a deputy sheriff and a Boy Scout leader – allegations West denies – and that he sought dates online over a Gay.com chat line, offering gifts, favors and positions at City Hall.
The FBI has undertaken a preliminary investigation. City officials have seized West's office computer and computer transactions on the city's network, including any copies generated through the mayor's use of the network at home, Connelly said.
Connelly said he is researching state law to determine whether the city is in the position of paying for West to defend himself.
The City Council would be asked to authorize any payments of legal bills.
Meanwhile, council members remained divided Tuesday in their calls for West to either resign or take a formal leave of absence. The council cannot force the mayor from office.
Only a recall petition and public vote can remove him from office, an effort considered difficult because of the way the recall law is written. Any resignation would be voluntary by the mayor.
Council members appear to be falling into three distinct camps: those calling for resignation, those favoring an administrative leave and those taking a wait-and-see approach.
Councilwoman Cherie Rodgers said she plans to introduce a resolution Monday calling for the mayor to resign, even though it is unlikely to pass because only she and Councilwoman Mary Verner have publicly called for West's resignation.
On Monday, the council split 3-3 on a resolution calling for the mayor to take a formal leave of absence, which would allow council President Dennis Hession to assume mayoral duties temporarily under the City Charter.
The resolution was supported by Hession and Councilmen Joe Shogan and Al French.
Councilman Brad Stark was absent and on vacation in Mexico. He was contacted by the newspaper by e-mail Tuesday, and said he is opposed to a call for a formal leave.
"There are currently multiple investigations under way," Stark said. "Let those investigations continue on and find out what comes of them. Then, if it is appropriate, the council should act."
Councilman Bob Apple has taken a similar position.
Rodgers said she has been in touch with recall advocates and may get involved in a recall effort.
A recall petition submitted last week by a North Side woman was rejected by the prosecuting attorney's office Monday because it did not include a sworn statement from the woman filing the charge. A recall petition alleging malfeasance or misfeasance must be approved by a judge, and then taken out for signatures of 12,567 registered city voters before it could be put to voters. The petition would be subject to appeal by West's attorneys, which could slow the process, officials said.
Hession said he is filling in for the mayor at various events, including a mayor's prayer breakfast Friday and Lilac Festival events through Saturday evening's parade. He said all types of city business, not just ceremonial duties, are hampered by West's absence. West on May 9 announced he was taking a leave similar to a vacation for a few weeks to prepare a defense against sexual misconduct allegations.
In the meantime, city attorney Connelly finds himself in the unusual position of organizing an investigation into the activities of the mayor who has power to fire him. Connelly on Tuesday promised an independent investigation of the mayor.
He said the hard drive was taken from West's office computer and copies were made of all files generated by West that were available on the city's computer network. Connelly said he is reviewing all of West's e-mail to comply with public records requests from media organizations, including The Spokesman-Review. Some e-mail messages will not be released because they involve matters considered exempt by the state's open public records act, he said.
However, independent investigators, who have yet to be hired, are likely to see nearly all of the e-mail and other computer material, although the investigators may have to sign a confidentiality agreement, Connelly said.
"It will be an independent investigation," Connelly said.
"We will make sure the investigative group has access to all of the appropriate information."
Well dumb a$$ don't you think a city that went 65% for Bush would like to know if their GOP Mayor is a Pedo ?
we have accusations from 30 yrs ago, and curiously no civil suit has been filed, although the same accusers have filed against the estate of someone already dead, yrs ago....
West admits to using the chat rooms.....
other than that, there are a couple of young men claiming West offered him this or that, yet its their word only against West's....
let's just see if he used city computers, then we will know where we are.....
he's quite audacious, though, isn't he.......
how some people can hold their heads' up is beyond me....
naturally, West offered to let him stay at his apartment.....
I rolled my eyes when I heard that....
anybody from the Spokane area remember the stories about Tom Foley?
I am not necessarily against city funds going for a defense in a civil matter, but when it comes down to a criminal case, I'm sorry the tax payers should not be forced to foot the bill.
I distrust anyone's claims about someone--especially in this political climate. However, I wouldn't want a mayor that went to sex chat rooms at all. That just seems a little disturbed to me. And using the city's computers for gay chat? Again, I can't bring myself to defend the guy.
The rest of the charges may be garbage-- but what was he DOING going into politics with the pecadillos he seems to have?
Just a current check on civil service. Using a chat room cruising for sex would get you fired, a union would not be able to protect you from that. Giving internships for people who have sex with you, and thus denying qualified interns of the opportunity is a another firing offense.
Unions have a tough time defending it. Usually they don't indemnify anyone if the act was not in the scope of the job, and they define it as loosely as possible. Cruising for sex on the job with internships as an enticement (prostitution) is illegal.
Spokane is now open to lawsuits denying about internships to qualified candidates under the sexual harassment theories of Quid Pro Quo and Oppressive Work Environment. Every person that applied to be an intern could sue Spokane. It is a huge potential lawsuit, possibly a class action suit when the ambulance chasers realize it.
Jim West has presented the absolutely abysmal defense: "I thought they were over 18". The city of Spokane owns his computer and he was a MORON to use it for cruising for sex.
I don't think being a MORON is a cause for firing him. Prostituting the office of the Mayor of Spokane is. As a MORON he left more than enough evidence of this crime. And he makes the mistake of prolonging the agony, and stupid denials that aren't denials.
He did not mess up, or accidentally make a mistake. He was arrogant and flaunted it. He is still flaunting it.
Impeach him!
DK
I think we agree about the investigation though.
Actually in Spokane it isn't Dem or GOP it's netural and isn't on the ballot so if it's brought up let West or whoever knock it down !
What stories about Foley?? Even though he was a Dem, I've never heard anything bad or even questionable about him.
Heck, I even held the door for him at the laundromat while he was Speaker of the House. He was in Spokane, and he used this one laundry place on the South Hill regularly. He came for his laundry one day while I was there doing my clothes.
This was before the days when I saw the light and became a conservative.
Oh, and as far as West is concerned....he needs to resign. If he doesn't, recall, and pronto.
The problem with this isn't just the perv mayor, it's the lawyers fees. Lawyers are kind of like heart surgeons, they charge what they charge because because you need it, they provide it and there's nothing you can do about it.
The taxpayer picks up the tab...what else is new?
Homosexual groups are speaking out against this guy saying he should be fired. Who cares what pedophiles/homosexuals think!?! Normal people will decide what to do; we don't need any help from perverts.
He should have never been mayor in the first place. Know who/what you are voting for.
In Southeast Asia, the Middle East and many parts of Africa this guy would be burned alive or beheaded. Why is he still 'living' here?
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