Recall action seeks removal of five Bridgeport city council members

WATERVILLE – A hearing involving an attempt to recall the five members of the Bridgeport City Council was held via Zoom in Douglas County Superior Court in Waterville last Friday, June 18. The petitioner, Bridgeport resident Michael Knox, alleges that the council has violated city and state code by failing to publish required annual Transportation Benefit District (TBD) financial reports since the city created its TBD in 2016. Specifically, Knox cited the failure to file those reports for the years 2017, 2018, and 2019.
Judge Brian C. Huber presided over the hearing that included testimony by the plaintiff, by Douglas County Auditor Thad Duvall, and, representing the Bridgeport council members, Julie K. Norton of the Wenatchee law firm Odgen Murphy Wallace, PLLC.
In his testimony at the hearing Knox said he first became involved with the TBD issue in October 2019 when he received a license renewal notice from the state Department of Licensing that included a $20 fee for the Bridgeport TBD.
By state statute cities are allowed to create a TBD to raise supplemental revenue for transportation-related projects.
In his research to learn more about the TBD and the fee collection process Knox said he made repeated requests to the city, city clerk, and mayor for documents toward that end. Knox claimed that according to the city’s own codified ordinance, TBD reports should have been available to the public and published in the newspaper of record.
Regarding its TBD, Knox said the Bridgeport Municipal Code (BMC) reads:
“The board shall issue an annual report pursuant to the requirements of RCW 36.73.160(2).”
Knox itemized the occasions when and to whom he addressed his requests for TBD records for years 2017, 2018, 2019, and 2020. When he did not receive the requested records from the city Knox said he took another tack and extrapolated Bridgeport’s TBD figures from a Department of Licensing report. He reported those figures as follows:
2017 - $18,097.20
2018 - $48,371.28
2019 - $44,926.20
2020 - $45,302.40
Based on an average of past years Knox estimated 2021 TBD revenues at a minimum of $20,000 for a five-year total of about $175,000.
“I finally came to the only possible conclusion,” said Knox. “I wasn’t getting any reports because they had never been done and simply didn’t exist.”
Based on his research, Knox concluded that the city violated relevant state RCW and BMC financial filing statutes many times over.
Knox concluded his testimony with two additional points: He questioned the validity of elected council members using the city attorney to represent them in court, based on city code that Knox asserts is for paid city employees but not elected ones.
Knox also requested that the city be compelled to produce a report for Bridgeport citizens showing how the city has used the approximate $175,000 in TBD funds it has so far collected.
Douglas County Auditor Thad Duvall clarified for the court the terms of office for each of the Bridgeport council positions and when each council person stands for reelection.
Position 1 (Matthew Schuh) 2017-2021.
Position 2 (Mike Bjornstad) 2019-2021. Bjornstad, appointed to fill an unexpired term of Anthony Jenkins, is subject to election this year.
Position 3 (Jacqueline Henteges) 2017-2021.
Position 4 (Esiqio (Zeke) Martinez) 2019-2021. Martinez, appointed to fill an unexpired term of Phil Lee, is subject to election this year.
Position 5 (Sergio Orozco) 2019-2023.
Judge Huber questioned Knox closely regarding his complaint filing and council intent before turning the floor over to Norton.
In her rebuttal, Norton cited city statute that authorized her to represent both paid employees and elected city officials. Among several other objections Norton said Knox’s action failed on a procedural as well as a factual and legally precedential level. She said the documents were not filed under oath and were improperly served.
Norton also cited insufficient time to field new council candidates in time for the November 2021 election.
Huber granted a continuance until Friday, June 25, to allow Norton to review documents Knox filed with the court. He also gave Knox until July 2 to respond to any material Norton submits to the court.
Judge Huber said that following those continuances he will issue an opinion letter with his ruling. He concluded by characterizing the case as “very interesting.”
In 2014 Knox filed a court action that led to a recall election and removal of then Bridgeport mayor Marilynn Lynn from office.