Commissioner Madore Lodges Protest Over C-Tran Board Vote

by lewwaters

This blog no longer supports David Madore and calls upon him to resign immediately!

C-Tran RattledCopied in full from County Commissioner Madore’s facebook page, where he shared it with the public.

See also the preceding comment on receipt of a copy of the “40-page” contract already signed (executed), selling Clark County citizens down the river by that vote.

The following is the letter I just sent to C-Tran’s attorney:

September 28, 2013

Tom Wolfendale,

I am challenging the C-Tran Governing Board’s decisions made at the special meeting, September 26, 2013. Due to many problems, I feel it is my responsibly to call for a halt so that those actions do not expose this and future C-Tran Board members to liability and harm.

As a C-Tran Board member, I am lodging a protest over Tim Leavitt’s role and involvement with C-Tran / TriMet negotiations, agreements, proposals and relationships in the weeks leading up to and including the role in the September 26 Special C-Tran meeting due to a conflict of interest or remote interest (RCW 42.23.040).

As you know, Tim Leavitt is an employee and a director with PBS Engineering and Environmental who has a $500,000 contract Portland TriMet for light rail work.

As can be seen by the August 15, 2011 Vancouver City Council meeting, Tim Leavitt is aware of his responsibility to recuse himself from any discussion or action as a board member in such situations. He failed to do so as a Board Member of C-Tran regarding TriMet. As I had already brought this to the Board’s attention at a previous Board meeting and Leavitt had recused himself then, but not since, I object to his using his position on the C-Tran Board to participate in the TriMet negotiations, relationships, agreements and contracts.

See the video at:
http://www.youtube.com/watch?v=pJAK-AY88ks&feature=youtu.be

I also challenge the Board’s decision to give C-Tran staff the authority not only to negotiate, but then to execute the results of those negotiation without the Board fulfilling their responsibility of overseeing or agreeing to the final terms. This seems to be an irresponsible abdication of duties and responsibilities of the C-Tran Governing Board. I also consider it negligence on the part of the C-Tran Governing Board to allow the staff to sign a contract of this magnitude that it has not seen.

How come Leavitt writes letters to Jaime, meets in secret with Patty Murray and Congressman Mica and meets with the heads of FTA and Secretary of Transportation all the while being an employee and director of PBS who has a $500,000 FTA funded contract with TriMet? What happened to 31 USC 1352 which prohibits such employees from lobbying for more FTA funds or contracts?

The proposed agreement with TriMet also appears to be inappropriate, problematic and potentially illegal. Related to eminent domain, if TriMet is given the authority to declare their need for specific property and the owner does not agree, this and any future C-Tran Board will not have a choice, it must use eminent domain authority or be guilty of breach of contract with TriMet. In effect, C-Tran will be yielding the sovereignty of property in Washington State to a transit agency in another state.

For these reasons, I demand that the actions taken by the Board that evening be stopped and held as invalid until a third party disinterested legal firm investigate and report on the matter.

I have other reservations. As you also know, none of the board members had the opportunity to read the resolution that you handed out within minutes of it being voted on. Since none of us had seen the resolution until that moment, I believe that we did not follow appropriate process. Board members did not even know what they were voting on.

I also demand that you recuse yourself from this process since you have shown a bias toward Tim Leavitt and the issues which are involved. Until this can be clearly investigated and concluded, due to the significance of the issues and the potential and foreseeable breach of contract liability that will likely result from the actions of Tim Leavitt, Jeff Hamm and yourself, if it be legally possible, staff should immediately be directed to not execute any related agreements including agreements with TriMet.

As you know, the Board actions were exactly backwards from adopted board policy as clearly stated in the resolution to uphold foundational C-Tran adopted policies. I believe we violated due process and proper protocol by failing to correct those policies or act in a manner consistent with our own policies.

Any such contract also needs to protect present and future C-Tran Board members from liability in case the Board votes to discontinue such a contract. Such a discontinuation could be considered an illegal breach of contract. As C-Tran’s attorney, I believe it is your responsibility to protect present and future Board members as well as the assets of C-Tran from such liability.

I further demand that any contract include a provision that would allow this and a newly constituted C-Tran Governing Board reasonable time to examine, consider and withdraw from the contract without harmful consequences. That time period needs to include at least the month of January 2014.

Please respond by letting me know what actions you and C-Tran staff will be taking.

Sincerely,

David Madore
C-Tran Governing Board Member and Clark County Commissioner

What is the rush? Why are they so quick to bind us to a contract just weeks prior to an election that potentially could see Leavitt ousted?

Where is the outrage from those who were so outraged over the legal hiring of Sen. Don Benton not following some mythical protocol? In this case, protocol really was thrown to the wind since it is known there is a vote of citizens on the ballot in November, voted on by Commissioner Steve Stuart who also violated his word and approved this rapid contract that not one of the Board members could have possibly had enough time to properly study before approving.

Why are you so quick to drain Clark County’s economy to benefit Portland?

4 Comments to “Commissioner Madore Lodges Protest Over C-Tran Board Vote”

  1. Time to crank up the lawyers.

    The vote is illegal because Leave-it didn’t recuse himself.

    Everyone here needs to get to know this little publication that lays out the conflict laws for this state:

    Click to access ktt11.pdf

    For Stuart, it was stupid, and likely denotes a pay-off that exceeds his continuation in office in worth.

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  2. Just about every aspect of this “vote” reeks of a smokey backroom deal.

    Read Madore’s other post on his page about receiving the 40 page copy of the contract already signed and some of what is in it.

    And yes, it is time to crank up the lawyers and to begin making loud noise.

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  3. Vancouver Mayor Leavitt and Clark County Commissioner Steve Stuart signed the 2008 CTRAN Locally Preferred Alternative that includes a vote requirement for light rail. The Columbian noted this policy in an article Tuesday Sept. 24. ” When C-Tran approved the CRC’s “preferred alternative,” including light rail, in 2008, the board also adopted this policy: “Any means chosen to finance operations of the (high-capacity transit) component of the CRC project shall be submitted to impacted C-Tran voters for approval.” That remains board policy today.” http://www.columbian.com/news/2013/sep/24/c-tran-releases-draft-light-rail-financing-plan/ On Thursday September 26, Leavitt and Stuart broke their promise of the CTRAN policy .
    CTRAN Board member and Battleground City Councilor Bill Ganley signed the 2008 policy and kept the promised vote. Vancouver City Councilor Jeanne Stewart also signed the promise in 2008, and would have kept it except that Mayor Leavitt kicked her off the CTRAN board in favor of a less experienced city councilor, Bart Hansen, who voted in lockstep with the Mayor Leavitt to break the promise of vote on light rail. Mayor Leavitt works for a company that contracts with TriMet who made very substantial campaign donations to Leavitt for him to get elected years ago. The Mayors actions have led to a tremendous contract increase for TriMet, a financially struggling and extremely poorly run public agency.

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  4. It is obvious that we are biased in our opinions about Mayor Leavitt. How could we not be? He’s made it too easy for us. When it was convenient for him to do so, he stepped away from placing his vote. When it’s convenient for him AND his boss, he placed his vote. Mayor Leavitt…you can’t have it both ways. You’ve set yourself up for this fall…and you’ll be taking your cohorts with you this time if Madore gets his way.

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