Plaintiffs changing legal strategy in case against council foursome

Lawyer hired; more allegations of open government violations expected

Three Longview citizens are changing legal strategy in their open public meetings case against four members of the Longview City Council.

They will ask the court to strike a hearing scheduled for Wednesday on their motion for “injunctive relief.” Among its requests, the motion asked for reinstatement of former city manager Kris Swanson and fines against the four council members for alleged violation of the state Open Public Meetings Act (OPMA).

Swanson, whom the council foursome terminated without cause on March 13, recently became interim city manager for the city of Battleground in North Clark County. She has abandoned her earlier intent to seek restoration to her old position, but she continues to pursue damage claims against the city.

In addition, the three plaintiffs say, they have uncovered evidence of further OPMA violations and breaches of the state open public records law that have yet be added to their court pleadings.

“The motion for injunctive relief is no longer relevant due to changed circumstances,” according to a statement released Saturday by Mike Wallin, Thomas Samuels and John Melink.

“In light of additional information that continues to be obtained, the plaintiffs will proceed accordingly to address the community’s concerns about violations of the Open Public Meetings Act and Public Records Act by the majority of the Longview City Council,” the statement says, without elaborating.

Lawyers for council members Keith Young, Erik Halvorson, Kalei LaFave and Mayor Spencer Boudreau say the foursome are not guilty of any breaches of the OPMA.

The defendant council members also are seeking to get the city to pay for their legal defense. The city’s pool insurer has declined to do so, saying that the suit resulted in deliberate acts by the council members themselves.

In one other new development, the plaintiffs have hired a Seattle attorney specializing in open government law. They had represented themselves since filing the case several weeks ago in Cowlitz Superior Court.

The council’s 4-3 votes to fire Swanson and hire former city Police Chief Duscha as interim manager has caused a conflict of unprecedented scale on the city’s ruling body and has begun an exodus of key city staff.

The irony of this conflict is that LaFave, Young and Halvorson campaigned last fall promising to improve transparency in how city government operates.