Bellevue Council Settles on Ethics Probe

After the Bellevue City Council over the scope of an ethics probe into council members' possible conflicts of interest in the matter of the path of the Sound Transit light rail line, the council unanimously voted Monday night to allow a consultant and the city attorney to set the scope of the probe.

The city will hire attorney Jeffrey Coopersmith of DLA Piper to review allegations of conflict of interest and he will answer to City Manager Steve Sarkozy and City Attorney Lori Riordan. The cost of the inquiry is capped at $49,500.

Under the agreement, Coopersmith would interview council members and make an interim report to the council about what allegations of conflict of interest have been brought forward and which ones would merit further review.

"The conversation has been (that we're) targeting anything that's happened in our recent history, not way back to the beginning of time," Sarkozy said.

Coopersmith will bring forward the interim report with all the issues brought forward, and he and Riordan would determine which issues would be pursued further.

"If it's worthwhile, to proceed, and if not, to dismiss it summarily," Sarkozy.

The city attorney has the final say on what will get a deeper look, Sarkozy said.

Bellevue Mayor Don Davidson said that he hoped that the plan would be a compromise that they could all agree on.

"I'm trying to put it to bed by an expert that we all recognize, so with that in mind I hope that we do that," he said.

Council members unanimously agreed to approve the plan, though they expressed concern over certain aspects of the agreement and the nature of the inquiry.

"I would hope that it goes without saying, but I feel like we gotta be in a situation where we've to say things. This is so very broad that it is bothersome," said Councilman John Chelminiak. "The interim report listing has to bring every charge brought ... even if there is virtually no credibility."

Chelminiak said that he hoped that council members would not start accusing each other with issues that will have no merit.

"I would hope that's not the case. I would hope our council members would not do that," he said.

Councilwoman Jennifer Robertson expressed concern over the powers given to the consultant, though she said she would vote to approve the agreement "reluctantly."

"I don't know that I've ever seen a scope of work that is so broad and gives so much power to a consultant to set the scope of work," she said.

The probe was after the Seattle Times questioned Councilman Kevin Wallace's business relationship with a railroad company that had an interest in using the BNSF right-of-way line; that line would be improved if Sound Transit adopts the "B7" alternative alignment preferred by the majority of the council.

The B7 alignment would address concerns of residents who have organized in opposition to Sound Transit's preference in putting light rail on Bellevue Way Southeast, citing the level of noise and impact to the Enatai and Surrey Downs neighborhoods. Others, including some who live in the same neighborhoods, recently have organized in favor of Sound Transit's preference, saying that the B7 alternative does not bring the same potential riders, and has its own negative environmental and neighborhood impacts--including the relocation of a new park-and-ride close to residential neighborhoods near Interstate 90.

Community members who do not support Sound Transit's preferred rail line along Bellevue Way have also questioned Councilman Grant Degginger's and Councilwoman Claudia Balducci's possible conflicts of interest in the light rail line.

Davidson said last week that he wanted to see an independent investigator also look at the possible future conflicts of interest that Balducci, a Sound Transit board member, would face if Bellevue and Sound Transit were to be involved in litigation; and of votes that Degginger took in 2003 when he directly represented Sound Transit as an attorney.