Code of ethics reading leads to questions in Clarkston

The ethics of several city officials were called into question by a marijuana retailer Monday night at the Clarkston City Council meeting.

Kelly Jackson, owner of Canna4Life, said he was led to believe his store was located in the proper zone when he began pouring money into the former armory building at 721 Sixth St. Instead, Jackson said city officials went against their word when they adopted a ban against retail marijuana sales. He's filed a $1.1 million lawsuit against the city and several councilors, and he said the price tag is going up about $2,000 a day because of lost sales.

The accusations stemmed from a code of ethics ordinance that is under consideration by the council. A first reading of an ordinance on the issue appeared on the agenda, but it has been postponed to the Sept. 14 meeting.

A city councilor said the first version was a "complete joke."

Somehow the ordinance was "miraculously" rewritten between the time the agendas went out late last week and Monday night's meeting, said Councilor Brian Kolstad, and the council hasn't had enough time to study it.

Kolstad said the first proposal implied casual associations with certain members of the community could be considered a crime, punishable by jail time and fines. He said Clarkston is becoming a "police state" and he hopes the council rethinks the direction it's heading.

City Attorney Jim Grow agreed some modifications could be made to the proposed ordinance. He has concerns about any code that would allow councilors to be removed from office for minor offenses.

The city is required to adopt a code of ethics for insurance purposes, Grow said. The first version that went out to the council came from Snohomish, Wash., but other options are available, including from the cities of Chelan and Shoreline, Wash.

Kolstad said many of the concerns he had about the first version have been addressed in the revised edition. However, the ordinance deserves more scrutiny. Action won't be taken until the Sept. 28 meeting.

During public comments, Jackson listed his ethics concerns, addressing every official except Kolstad. He said Councilor George Nash, who made a key vote last year in support of the city's ban, visited Canna4Life and told him he was impressed with what he saw. Jackson said Nash looked him in the eye and said he would support the store if it came to a vote. He then went back on his word, Jackson alleged.

Councilor Terry Beadles wouldn't answer his emails, Jackson said, and the mayor has publicly stated she doesn't support the ban, but she won't say it at council meetings.

Jackson also criticized Councilors Alice White and Bill Provost, along with the police chief, city clerk and public works director. Councilor Kelly Blackmon was absent.

Later in the meeting, Beadles said the council can't discuss the marijuana issue because of pending legal action. However, the amount of sales tax the city could be collecting has been overstated. The "magic numbers" being thrown out are simply not true, Beadles said.

Kolstad said the city of Pullman has received about $20,000 in sales tax revenue so far this year from one of two marijuana stores on Bishop Boulevard. It may not sound like much, but it would allow the city to contribute to the Asotin County Health District, he said, or pay for paving a parking lot.

In other city business:

• An agreement for legal services from attorney Ken Harper of the Menke Jackson Beyer firm in Yakima was approved. He is helping the city on ongoing marijuana-related issues in Asotin County Superior Court.

Grow said the city was served with more requests for briefs Monday and another hearing is slated for Sept. 2. The complexities of the marijuana issues require the additional counsel, he said.

Harper's hourly rate is $195, plus travel time.

• The city's administrative-governmental committee needs to start providing minutes of meetings to the council and public, the mayor said. Councilor Clee Manchester said the group meets on the same day as the council and that's why minutes were not available.

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