Saturday, February 7, 2015

Dale Vs. Goliath

Below, I am reposting (with minor corrections) the most recent comments sent in by Dale Wilson, telling his side of what happened this week in Judge Melly's courtroom. For the record, I disagree with Melly's view of the nature of these contracts. And perhaps needless to say, I think it showed remarkable arrogance and stupidity for the City to have jumped the gun and signed the contracts in question prior to this hearing. Hopefully people will see that move for what it was - a desperate effort to preserve the dysfunctional and corrupt status quo - and this will be a PR disaster for the City.
 
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The case was called, "Wilson V. City of Port Angeles. Judge Melly's court room.

It is customary for the one bringing the motion to court to get the first opportunity to speak.
They call it "prosecuting your motion." Well as soon as Bloor and I got to the litigant's tables Melly said, "Mr. Bloor let's hear your arguments for dismissal."

I blurted out, "Your honor, in the interest of judicial economy, I have here a Motion to Strike which will save us some time and clear the way for the court to make the proper decision."

Melly: "Have you served a copy of this motion on Mr. Bloor?"

Me: "Yes sir, I am about to do so now (handing Bloor a copy of the motion to strike from the record everything he and his office [and the Cascadia Law Office] had put on the record.)"

Melly: "Mr Bloor you might want some time to look that over, I'll recall the case in a few minutes."

We sit back down. In about 15 minutes we are called up to the front again.This time I'm ready.

Me: "Your honor since this is my motion I would like the opportunity to establish the theory and prosecute the motion."

Melly: "Go right ahead."
 
 
Me: "It is my sad duty to report to this court and the wider community, our bidding process, at least insofar as spending the lodging tax funds is corrupt. Only this court can clean it up and ensure the local hospitality community gets the best efforts as this money was intended, instead it goes to..."

Melly interupts: "We don't need to hear that right now..."

And so went the hearing. Bloor was nervous--as was I.

The judge denied the city's motion to dismiss but said the court had no remedy since the contracts were already signed. I said "Well actually that contract is void, the city failed to give the required two day notice that it was signing a contract, in fact they voted for the contract on Tuesday night and before noon the next day they signed contracts so the contracts are void ab initio (threw a little Latin on em)."

The final ruling is this: The court views the contracts as Personal Services contracts and not Public Works contracts and therefore the bid protest procedure does not attach. Naturally I disagreed explaining that personal service contracts are for accountants and attorneys and others from whom confidentiality is expected and these are contracts trolling for tourists.

Melly disagreed.
 

There is a small victory in it. By not approving the city's motion to dismiss it keeps my options open to file the actual suit against the city. This would be a long and costly prospect, in time and money, so I don't think I will pursue that unless there is a groundswell of support and encouragement to do so.
The only reason to do so would be to keep the city's corrupt habits in the news from now until November when we can vote the rascals out.

This was but a hearing for an injunction until the time my case becomes "actionable" which is 60 days after filing a protest with the city. In other words the judge split the baby.

The take away is this, we have an opportunity to place four new council members on the council this year. We ought to get to work on that if we ever want sanity in the halls of power. Is this a proper goal for Port O Call?

All in all the hearing went well, I did not embarrass myself (nor the Port O Call). Hopefully I am solidifying "The Brand."
If I am delusional I'm sure you will let me know...

If you have any questions about the hearing just let me know.

BTW, Gottlieb was there and there should be a report in the daily on Sunday. He asked me for a quote and I said, "I respect the court's decision and respectfully disagree with it."

Dale Wilson
 
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If it acts like Alabama, and adjudicates like Alabama...Well, I think you all get the idea...

35 comments:

  1. Actually, I'm from Tennessee, but with shoes.

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    1. Hopefully it is needless to say, Dale, that the Alabama comparison refers to the court system, not you. More than a few people have commented that Port Angeles in the early 21st century seems like the Deep South in the middle of the 20th century. Parochial, insular, racist, often hostile to outsiders - you undoubtedly get the idea. Sorry to see Melly going down that path too. There was a time I had higher hopes for him...

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    2. I grew up in the "deep south" I know exactly of what you speak. When I was 12 years old grown black men picking cotton on my uncle's farm called me "Mister" only it was pronounced, "Missah" The main difference I see here is the entire population is subdued, not just the minorities.

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    3. Dale, Dale...I'm rooting for you, really I am...But you lost me at the unnecessary "dialect" comment...But I agree with you about the entire population here being subdued. People here have been beaten down and abused for so long, they don't even feel the pain anymore, or realize how limited their lives are.

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    4. I wonder if people are any LESS subdued, across North America?

      Everywhere I look, people are happily shopping at Walmart, and driving huge vehicles. There is virtually no recognition or acknowledgement of how consumerism (which is the root of most of what we talk about) is literally driving us to extinction.

      Plus, now the government is talking about making even talking about anti-government ideas criminal. How can "change" happen, if the government threatens to put you in jail for questioning the status quo?

      Safer to just go shopping, and root for the Seahawks.

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  2. Big thanks to Dale Wilson. I can only imagine the time and work he put into this, with the sole goal of exposing the City and the Chamber for the straight up crony-ism that goes on here.

    AND, for creating a venue via that effort to show everyone, without ANY doubt, that Cherie Kidd, Danny Digulio, Pat Downie, Brad Collins, Sissi Bruch and the rest of the rats of Port Angeles civilian government care little for the people they campaigned votes from.

    Let's remember the point of the litigation was to allow for the very "open and transparent" processes these council members told the people they supported.

    Let's remember that Mr. Wilson offered to withdraw the litigation, if ONLY the council agreed to the very open and transparent decision making processes they assured the public they supported.

    Aren't we seeing our elected representatives lying to us? Spending our money on Bloor's salary, and on Cascadia law firm, to support their efforts to lie to the public?

    Vote them out? And then some.

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  3. I've added "Port Angeles Chamber of Commerce" to the official tags for this blog, to hopefully make this information a little more available to people searching for that subject.

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  4. Great idea, CK. Thanks. Whether people in Port Angeles want to try to vote these public officials out of office, who obviously don't really care to act for the public's best interests, or want to warn people and businesses about how this place really works before they get suckered into moving here, you've done a great service, CK.

    Time for action. Really. Look at all Dale has done. Are we ALL just going to sit back, and watch?

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    1. mighty hard to come by tar, much less feathers (JoAnn's prices are high and the packages so small), so what else can we do but sit back and watch?
      Suggestions welcome.

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  5. What a terrible cesspool Port Angeles, WA has become.
    Google cesspool....
    You will get Port Angeles, WA. Northwest Olympic Peninsula.
    Olympic National Park, Port Angeles, WA, cesspool.
    It was once a better place........................not anymore.

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  6. That is PA's problem....too many , sit back, watch, and hope that maybe, some day, something good might (finally) actually happen...............zzzzzzzzzzzzzzz.

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  7. Port Angeles, WA
    WARNING!
    DO NOT INVEST $!

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  8. Interesting to note that the County is about to approve their tourism and marketing handout, to the Olympic Peninsula Visitor's Bureau, NOT the Chamber.

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  9. The legal crux of this matter is whether the city's contracts with the chamber are Public Works contracts or are they Professional Services contracts. In review of the literature it shows the professional services contracts limited to: Accountants, actuaries, architects, dentists, doctors, engineers and attorneys. Public Services are defined by statute as "all work" done with taxpayers money. Melly incorrectly ruled the contracts to be Professional Services contracts but did not explain how he arrived at that determination. The city didn't even put that argument forward. Melly pulled this one out of thin air.

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    1. As I mentioned earlier, I guessed that Melly might use the "lack of standing" to scuttle this, but I didn't see the calling-contracts-one-thing-when-they're-another thing coming. My assumption is, given all we know about how things (don't) work in Clallam County, Melly did what he was told, or at least what he knew was expected of him. As I also said earlier, I once had higher hopes for Chris Melly, but that phase has passed. He seems to be just another go-along-to-get-along, don't make waves and keep your job kind of guy.

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    2. It's worse than you feared. When Wilson first appeared in court Judge Wood commandeered the case and foisted upon Wilson a continuance which Wilson did not request and did not need. At that time the contracts were not signed. Remedy could have been ordered. Instead, Wood's insistence upon an unrequested continuance allowed the city time to hurriedly sign contracts thinking this removed any avenue to the requested remedy--an injunction to prohibit the city's theft of taxpayer dollars and handing them over to their cronies at the chamber. Further proof of corruption is whenever a judge, or other elected official, who is in good health, retires before completion of their term. This allows political operatives to "appoint" the next judge--effectively taking this important elected position out of the hands of the electorate and makes it a matter of back-room political maneuvers. Look at the long line of recent local elected officials who retired before completing their term of office. When they hold themselves out for election there is an implicit bargain that they will serve out their term--barring any illness or family emergency. Wood recently announced his mid-term retirement. Now the governor and not the local electorate gets to appoint his replacement. No intelligent attorney will run against a sitting judge--even an appointed one--for fear of having to practice in front of his opponent for the next several years. No intelligent litigant would hire a lawyer foolish enough to challenge a sitting judge for fear of the judge's angst being spread to the litigant. It stinks!

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  10. Not surprising in the slightest. We definitely need more turnover in our elected (and non-elected) officials, but I doubt we have the pool of candidates to pull from.

    Regardless, thank you Dale for pushing for some accountability from the City, even if we all knew what the results would be. And thank you again, and you as well CK, for providing forums to shine a light on these people. Our local government has been unaccountable for too long, it's good to put some checks and balances on them.

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    1. Thanks for the kind words, but...I don't know that anything thus far has actually checked these creeps at all. They still just seem to do whatever they please, without a care at all for the people who live in their community. Still, we keep on slugging away...Personally, I don't like creeps, and resist them at every opportunity.

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  11. They are the human leeches that are real hard to get rid of. Reason why, most people who post here do not tell their names and do so anonymously. Retribution in this cesspool is Real. And sucks. Local Gov watches and takes notes. F..em

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    1. Indeed. And, it is clearly displayed on facebook from the likes of the revitalize folks. Say a discouraging word, and you're asked to shut up, or are bounced from the group. Business as usual, PA style.

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  12. I just wish it was anyone but Ron Richards leading the charge against McEntire's machinations. Ron Richards is another clueless, well-off white guy who is totally out of touch with the reality of most people's lives. He's one of the Democrats who fell for Randazzo. He's a rich, retired old man, who lists his occupation as "commercial fisherman." He's also a million years old. This is NOT someone who in any way represents the future of Clallam County, but rather represents its obsession with the past.

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    1. While I don't know about all the details you mention here, I agree that it's worrying that the only person fighting back on this is a county commissioner from 40 years ago. Where are the young people? By which, I mean, realistically, anyone under fifty. I mean, Ron Richards makes Jim McEntire look like a teenager. Where are the people who actually have a future that will be affected by all this?

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    2. Seriously? Mr. Richards does the ONLY tangible thing ANYONE has done to counter McEntire, and you complain about his age??

      How perfect does somebody have to be, before you'll support them? You would rather have the status quo, that help somebody who is older than you approve of, and actually try to change things for the better?

      Here, you would seem to rather support McEntire privatizing public oversight of how to spend millions (the $500,000 the county is giving is only one part of many) of taxpayer dollars, than support the ONLY opposition trying to bring accountability to the process.

      Amazing. Really, amazing.

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    3. Let's all remember that Matthew Randazzo was put into power by the local Democratic executive committee - a group Ron Richards sat on. Let's remember that Randazzo did all his dirty work, actively trying to scuttle the county commissioner campaigns of both Linda Barnfather and Dale Holiday, under the watchful eye of that executive committee.

      So let's ponder the fact that, if not for Randazzo's lies and machinations, we might have had commissioner Barnfather in there now, instead of the reptilian McEntire. All of which is my way of saying that I can't help but think that Ron Richards is crying crocodile tears now, having buyer's remorse for the situation he had an active role in creating.

      And what a situation it is, eh? Let the looting begin.

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    4. Anon 9:13 AM: Please read the other comments here, since they hit some of the points I would have in this response. Yes, I mentioned Ron Richards' age, but didn't focus on it, or make it the central point of my concern. Personally, I am much more concerned with Ron Richards' judgment than his age.

      I also pointed out his age to bring up my dismay at the lack of younger people who care, who are involved with local politics. Ron Richards doesn't have another 20 years to live. Neither do I. But these criminals in charge of things around here are absolutely going to screw the next generation, which to me raises the question of why no one from that generation seems to care, or even be aware of it. Where is the outrage? Where is the sense of self-preservation?

      I still think Ron Richards is clueless and out of touch, and a poor choice to lead this charge. But I agree with you that, at the end of the day, it's best that someone is doing it.

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    5. @Anon 3:04

      I find these attempts to undermine Ron Richards disgusting. Sure. Ron is not perfect in every action, and in every perspective that you might look for, or construe. So what.

      Are you REALLY going to stand there and say the only people who can vote on an issue, propose a solution, or voice an opinion has to pass your tests for purity of mind and deed?

      Please tell me how you think Ron has ANY control over how, when and IF anybody younger than he is going to get involved in the political system in Clallam County?

      Are you REALLY saying we all should just sit back and wait for somebody Anon 10:23 approves of, otherwise, do nothing?

      And what kind of sick, crazy, exclusionist attitude is being expressed here? A young, sexy blonde we would support to file a petition, but not older men?

      Hey Anons 10:23 and 3:04 , where you at ANY of these meetings? Why don't you meet with Ron and HELP him? You got all the critiques and advice on how to do it better? Please, jump right in. Head right on over to the college and recruit younger folks.

      Instead of your really pathetic whinings and criticisms of THE ONLY person actually doing something to address the issue, why don't you get off your pathetic lazy asses, and DO something to help the effort.

      Should I hold my breath waiting?

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    6. With friends like those posting above, who needs enemies?

      McEntire and crew could do no better than to have people like these on his side, openly undermining efforts to challenge him.

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    7. The local Dems are their own worst enemies. As another poster pointed out, if not for the wheeling and dealing and scheming and backroom dealings and their backstabbing of their own candidates, McEntire might not even be the commissioner now. If that had been the case, maybe Mike Doherty would have stuck around another term.

      But no. The Dems, led by people like Ron Richards, let their party eat their own. If you weren't here for that, let me assure you, it was something to behold.

      Now, I'm certainly no right-winger, but I have little to no trust of anyone here associated with the Clallam County Democratic Party. I haven't seen or heard anything out of that group that shows me that they learned anything or regret anything from that shameful period. The only thing that seemed to come out of it was that the thug Randazzo got rewarded for his efforts with a plum job in Olympia. That's hardly punishment. That doesn't exactly scream remorse.

      So now Ron Richards is screaming foul. Well, I agree with him, but that doesn't mean I trust him. He's one of the people responsible for the fact that we now have three Republican county commissioners.

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    8. Right. Ron Richards is responsible for the Republican right-wingers successes, not the people in the county who decide not to support the alternatives to them? Who stay home and don't vote? That creates a better outcome?

      Look what you're doing, right here, right now. Is your name Randazzo? In effect, you are worse than the right-wingers.

      And speaking of paranoid conspiracy theories. As if Clallam County Democratic Party is such a prize for the dark forces to target. The entire County has a smaller population than the city of Kennewick. As if doing ANYTHING in Clallam County impresses the outside world much.

      You really think that anybody that is sane, in representative politics, would CARE what the Clallam Democrats do? They have a hard enough time just getting more than 5 people to show up at their meetings.

      Now, if somebody engineered a political coup in King County, that would get somebodys' attention.

      I get it. Everyone has got to have something to do. Some people need a scapegoat to pin all their own personal failings on. Such is life.

      So, as we saw with Ms. Bruchs' campaign, people here sniped away, pointing out all the reasons why SHE wasn't perfect enough to support. You think that had no effect on her losing to Peach?

      Todays' target is Mr. Richards. Tomorrow, it will be whoever decides to run against the incumbents for this falls' election.

      IF anybody bothers. As was said, with friends like these, who needs enemies. And people wonder why seats go unchallenged?

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  13. It's pretty remarkable how bold and in your face both the City and the County have been about abusing and misusing public funds. They do everything they can to minimize public comment and disclosure, ignore what little bit of protest makes it through anyway, and do whatever they please, rules or rationality be damned.

    They may as well just start their meetings by saying something like, "For the funds we are about to misappropriate, mismanage, and outright steal, may the Lord make us truly grateful. Everyone else - sit down and shut up."

    Can it really be true that there are no media outlets in this state that would find these things interesting?

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  14. I think the younger generation (under 40) is mainly concerned where their next paycheck is coming from? And for how long. Sometimes people do not get involved in politics until it is almost too late to affect change. The "horse with blinders" syndrome. Walk straight ahead, don't look around, don't confuse me with the facts. Politics is and always will be a dirty business. Take no prisoners. The sad part is that the people in politics know this and barnstorm and bully the populace until there is a revolt...and sometimes too late. When the schools De-emphasized poli-sci as part of a basic education we have created a couple generations of political ignoramuses. My first sentence said younger people are more concerned with making a living. A "family-wage" living. Economy, politics, science, arts, etc... should walk hand in hand. But, unfortunately this is not usually the case. The EDC should be a steward for the next generation(s) and not a cash cow for their private interests. Yes, young blood is needed but the intelligent young blood LEAVES PA for better opportunities that currently do not exist here or are very rare. If and when they return, they come here to retire and die. I noticed in the PDN today almost all of the comments relating the flooding happening currently in local rivers (especially the Elwah) were negative about the dam removals. What kind of weird-alternative-50's-universe do these people live in? I didn't invent sliced bread but I am not the dumbest pony in the barn. It's called "restoration". People were complaining about no salmon and blaming another group of people (you know), but never the dams. What little power that was generated there did little except to make a utility company more money, share holders and a certain couple of known mills and one to be extinct and tax exempt from utility state taxes. Now "said" company is laying off workers and may soon leave altogether. The EDC does not do its basic job. It is in its title. Economic Development! What a crock. I am almost 60 yrs old and don't feel the fight too much anymore in me. I could go on about how how a "certain" company is/was planning to relocate to Sequim maybe 3 years ago. Council member "un-named" said so un-eloquently that this company will hire at least 170 people in a manufacturing environment. This "company" has posted help wanted ads on the state site for over a couple years without telling anyone what the pay is or when it will even start. I know, because I contacted the President of the Company back east. They wanted this site because of low land cost and low wage economy here. When I hear that the EDC "welcomes" all comers, I have to say "how grand of you". This area does not attract new middle wage or living wage jobs and industry because it is stuck in some time-warp. Thema Lou, Aunt Bea, Barney and Goober are all gone.

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  15. We do!
    Port O Call

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  16. There's also those of us who in our 40s and 50s who are established in our careers and have a good reputation but fear saying anything publicly due to the very possible reprisals by the status quo. If we have a decent job right now and really want to stay living in Clallam County, we have to be very careful where we speak our opinion.

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    1. I hear you, and totally understand. Isn't it great to live in a land of freedom? The snakes in Clallam County are like a cross between the Mafia and the KGB. They will destroy lives to protect their right to steal money they haven't earned and certainly don't deserve.

      They will also be the first ones to stand up and put their hand over their heart for the Pledge of Allegiance. Fucking crooks and hypocrites. I hate them like poison.

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