Mayor David Condon provided this written response to a Council resolution that requested the addition of another Special Counsel as part of the inquiry into the facts and circumstances surrounding the departure of former Chief Frank Straub:
I write this to you with a mixed sense of duty and disappointment. As the Mayor of the City of Spokane, I have an obligation to act in the best interest of the citizens at all times. Today, that obligation compels me to remind you of your duties as fiduciaries of the City.
I am in receipt of Council Resolution No. 2016-0049, and a follow-up letter of May 24 from Council President Stuckart holding ransom the extension of a second unrelated contract if I do not comply with the City Council's demands. I am also aware that Council President has asked to meet in executive session with me this week to discuss the Council's demands. This meeting is unnecessary and belated. Earlier this year, he declined at least two offers to move this process forward by appointing special counsel to oversee the investigation; we are now too far along in the independent investigation to upend the process.
It is no secret that Council President has repeatedly and publicly demanded that I disregard attorney-client privilege considerations and release documents to the independent investigator inquiring into the facts and circumstances surrounding the departure of former Chief Frank Straub with whom the City is now involved in active litigation.
This is the crux of my thinking - I will not compromise the City's ability to defend itself and thereby put the citizens at risk by releasing documents that are protected by the attorney-client privilege.
Thousands of documents have already been released to Ms. Cappel so she may conduct a fully independent investigation. Special counsel, appointed in accordance with Section 33 of the City Charter, is reviewing additional thousands of documents for attorney-client privilege communications. Until that process is completed, we will not know exactly how many documents are subject to attorney-client privilege. All documents not under the protection of the attorney-client privilege will be released to Ms. Cappel.
I look forward to Ms. Cappel's report and will use it to assist the City going forward. I am sure there are processes and procedures that will be reviewed and revised in light of Ms. Cappel's findings. But to extend this investigation to include documents and content that may compromise the City's ability to defend itself in the Straub litigation - at an even greater expense to taxpayers - is unacceptable.
I have long been convinced that Mr. Stuckart and others have had a political motivation in their criticism of my handling of the matters surrounding Mr. Straub. This suspicion was recently confirmed when a public records request revealed that Council President Stuckart and former Councilman Jon Snyder used their private campaign emails to develop the City Council's initial letter demanding answers on the Straub matter, including the attached email dated Novmeber 25, 2015. It appears this was done to circumvent the public records process. But for the apparent accidental inclusion of Mr. McDaniel's official email, this email may never have been discovered.
By demanding the release of attorney-client privilege documents, Council President Stuckart places his political agenda above the public interest. Council President Stuckart now threatens to eliminate funding for the City's legal defense in the Straub litigation - a process distinct from the investigation.
Mr. Stuckart's demand is dramatically beyond the limits of what a reasonably prudent officer of the City should do to protect the taxpayers from unnecessary liability. By acting outside the appropriate bounds of his office, Council President Stuckart is exposing the City and its taxpayers, as well as himself, to legal liability.
I will not aid Mr. Stuckart's political agenda at the expense of the City of Spokane and its taxpayers. As part of our agreement not to communicate about the Cappel inquiry except through the unanimous Joint Committee, I have made every effort to stay silent throughout this process, to protect the integrity and independence of the ongoing investigation. However, at this juncture my obligations as a City fiduciary outweigh my commitment to speak only through the Joint Committee.
As those entrusted by the public to carry out the City's business, we have an obligation to perform our duties prudently and in good faith. I have done my best to do this while balancing transparency, good governance, and my duties as the City's Mayor. I am now calling on you - the councilmembers and directors of this organization - to do the same, and work collaboratively with me for the betterment of Spokane.
I look forward to continuing our work in making Spokane the City of Choice.
Sincerely,
David A. Condon, Mayor
