Clarkston eyes sanctions against critics

ASOTIN - The city of Clarkston plans to seek sanctions against an attorney and citizens who questioned city government over its handling of an optional sales tax and public records request.

In court documents filed in Asotin County Superior Court, a Yakima attorney representing the city of Clarkston said he has prepared a motion for summary judgment and threatened to pursue sanctions, unless a petition against the city is dismissed.

The suit in question was filed by Connie and George Morrow via Clarkston attorney Scott Broyles. It alleges the city's response to a public records request was inadequate and open meeting laws were violated.

Several motions filed by both parties are slated to be heard at 4:30 p.m. Friday during a telephonic hearing with Whitman County Superior Court Judge David Frazier. In addition to motions to cancel a trial date and the city's summary judgment hearing,

Broyles wants to consolidate two complaints he has filed against the city of Clarkston.

Attorney Kenneth Harper is representing the city of Clarkston, along with attorney James Grow. In a March 6 letter from Harper to Broyles, the city's legal counsel said the plaintiffs have produced no documents to substantiate the alleged violations. If Broyles did not dismiss the petition by Tuesday, the city intended to pursue sanctions, according to the letter. Broyles has not dropped the suit.

"The basis for the sanctions motion will be that the petition lacks a factual and legal basis of the claims you have alleged, and that you failed to conduct a reasonable inquiry into the factual and legal basis of the claims you have alleged," Harper wrote.

In his affidavit, Broyles, a former city attorney, said the "content and tone" of Harper's response are disturbing.

"It is hard to believe that citizens don't have a right to question or take issue with decisions and what they consider to be wrongful behavior of their elected and appointed officials," Broyles said in the court document.

The case stems from the city's refusal to contribute money to the operation and maintenance of the Asotin County Family Aquatic Center in 2012.

Last summer, Broyles filed a lawsuit against the city in an attempt to force a referendum that would allow voters to decide whether optional sales tax funding should be allocated to the aquatic center. The Morrows, along with Gary Hicks and Janet Hicks, are named as petitioners on the original suit.

The suit was sparked by an initiative petition signed by 806 people and denied by the city. The initiative called for an amendment of a 2007 city ordinance that allocates revenue from an optional sales tax to the city's general fund. The city said use of the optional sales tax is not subject to the referendum process.

"The entire upshot of the first suit is that the matter should have gone to a vote of the people," Broyles said in an affidavit. "The people filed a petition as they are constitutionally permitted to do, which the governing body roughly rebuffed."

The second complaint filed by Broyles centered around the public records litigation. Citizens have a right to pursue the release of documents, Broyles said in his affidavit.

Harper said the plaintiffs have no factual knowledge of open meeting violations. The city is seeking dismissal of both complaints.

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Sandaine may be contacted at kerris@lmtribune.com or (208) 848-2264. Follow her on Twitter @newsfromkerri.