Thank you to all the readers who helped us exceed 60,000 page views since our first investigative report was published a short seven months ago. Our most widely read reporting was on the Cherry Street Project–the extravagant waste of scarce affordable housing dollars on a sixty-year old building that has been sitting on stacks of wood going on two years, providing shelter to no one as its costs have risen above $2 million.
Our reporting on how Jefferson County Prosecutor Michael Haas dumped a rape case against a man with a long history of violence against women and mistreated a victim came in second, followed by our story on the pending mass exodus from the Sheriff’s Office if the incumbent Sheriff, David Stanko, were elected. (He lost, and we are told that morale has vastly improved in anticipation of new leadership.) That one article hit 1,000 page views in less than a day, making it our single “hottest” story.
Our reporting on the rising violence among Port Townsend’s transients and close-up looks at the work of police, sheriff deputies, and jail personnel also received a strong and positive response.
We were pleased to highlight the lamentable abuse of marijuana by our county’s teens at a time when voters were putting on the county commission and giving oversight of teen marijuana prevention programs to a man with a history of violations at his marijuana store and a practice of promoting the increased use of marijuana while downplaying its known health risks.
Our other most widely read stories included good news on the opening of the Crazy Otter in Port Hadlock and Sugar Hill Farms in the old Beaver Valley store.
Scott Hogenson’s op-eds and accurate reporting regularly provoked a lot of discussion and heated debate. That’s what facts and new insights can do in the face of a local political monoculture that seeks to stifle dissenting speech and keep unwelcome truths from voters.
To this editor, the most rewarding posts came from the seventeen-year old Ravyn as she shared her most personal thoughts and feelings during her pregnancy. Readers who followed Ravyn’s story could share in her joy, springing from the depths of despair, as her young husband stepped up to the responsibility of being a man and a father and her faith in God gave her strength and hope. She has promised one last installment after she holds her new son in her arms.
Now for some less happy news.
This is a solely volunteer effort. We have done well and have made an impact with our small contributions to bring light to facts unreported, ignored or misrepresented by our local newspapers. We earned those 60,000-plus page views with primarily Facebook as our delivery system, and with the invaluable help of readers who shared our posts. We must also credit our detractors who reacted as we’d hoped and in mindless outrage spread our stories around the community. While they were attacking us, we saw our readership and Facebook “likes” and “follows” steadily grow.
We thank all our contributors–Sky Hardesty, Kara Kellogg, Brett Nunn, Mike Howard, Ravyn and the anonymous city official who spoke honestly about who the “homeless” in Port Townsend really are. Our biggest thanks goes to Scott Hogenson, a real pro, one of the smartest people we’ve ever met. His standards of excellence in journalism are sorely lacking from today’s media. We were truly honored that someone with his impressive journalistic credentials would want to provide his time, talent and wise counsel to this humble foray into citizen journalism.
There is so much more to write about, so many more voices needing to be heard, so many investigations to conduct…but we’re not going to be able to do it in the near future.
The editor has faced the fact he does not have the time, at least over the next six months, to give this project the care, attention and mental energy it needs. He has an employment commitment and an ongoing fiduciary obligation that will call him out of Washington state, as well as other personal and church obligations that leave no time for the Port Townsend Free Press.
We’ll keep the site up as an archive of our work. It can be always be reactivated, if the need arises.
With that said, we wish all of you a successful, happy and healthy 2019. Thanks everyone. God bless you all.
Questions and concerns about the new Jefferson County Oath of Office have prompted County Administrator Philip Morley to prepare and distribute a special memorandum detailing the change, but the document fails to address key questions.
Morley’s December 21 memo cited, “questions and misunderstandings about the updated Oath of Office,” and informed county elected officials and officials-elect that the Oath, “has received attention recently with some in the community questioning County motives for changing the oath,” which no longer requires Jefferson County elected officials to affirm their support for federal law. Missing from Morley’s five-page memo is any information on why the oath was changed.
The memo said, “In April 2018, the Auditor’s Office updated the Oath of Office for Jefferson County’s elected officials.” However, Elections Coordinator Betty Johnson said the Auditor’s Office was “directed” to alter the oath and Central Services Director Mark McCauley said Morley himself initiated the change.
Morley’s change followed media reports that cannabis store owner Greg Brotherton was under consideration by county Democrats to be the nominee to fill the open seat on the Jefferson County Board of County Commissioners in the 2018 election. Brotherton won the November election with a 68% – 32% margin of victory.
The sale of marijuana, while legal in Washington state, is illegal under federal law, meaning Brotherton would be unable to fulfill the old oath’s pledge to, “support the Constitution and Laws of the United States.” The new oath removes any problems associated with pledging to support federal laws on cannabis that differ from state laws. He is scheduled to be sworn into office December 31.
Morley refused to respond to numerous email and telephone requests for comment, so it is not known what or who prompted him to initiate the change, what discussions were held prior to changing the oath, what public input was sought, or what county resources were utilized in affecting the change. The wording of the new oath, which is consistent with oaths taken elsewhere in Washington state, is not required by any state law or regulation, and elected officials in Clallam and Kitsap Counties continue to swear oaths affirming their support for federal law.
The new oath also makes it easier for officials to seek or implement sanctuary status for illegal immigrants in Jefferson County without violating a pledge to support the laws of the United States. Immigration, whether legal or illegal, is governed by federal law. However, a growing number of states and municipalities have voted in recent years to defy federal law by declaring themselves sanctuaries for illegal immigrants.
Jefferson County is not a sanctuary locale per se but county commissioners approved a proclamation in February, 2017, saying commissioners will, “strive to make Jefferson County a welcoming place,” for people regardless of, “immigration and citizenship status.”
Morley’s refusal to answer questions about the change to the oath also raises questions about transparency in county government and contradicts the position of at least one of his professional affiliations. Morley’s biography on the county website states that he holds a certificate from the American Institute of Certified Planners (AICP).
The AICP stresses that, “Honesty, integrity, and transparency are key to maintaining professional credibility in the public arena.” An AICP article further promotes the importance of transparency in local government by asking the question, “Want to maintain professional credibility in the public arena? For planners, honesty, integrity, and transparency are the keys.”
The lack of transparency regarding the oath appears to contradict the transparency guidelines of the organization that issued Morley’s certificate. The contradiction also parallels concerns raised in an earlier critique of the American Planning Association (APA), the parent organization of the AICP.
In a February, 2013, analysis of APA by Bent Flyvbjerg, a professor at the Saïd Business School at the University of Oxford, Flyvbjerg found that, “APA escalated its strategy for dealing with uncomfortable knowledge from denial to diversion, diversion being defined as the organizational strategy of establishing a decoy activity that distracts attention from a subject or problem, thus trying to ensure that knowledge about it is not created or shared.”
Morley’s December 21 memo explained that the new oath is similar to other oaths taken by some state and federal officials, provided four pages of background information on oaths taken by others, and acknowledged that some county residents were curious about why the change was made. However, Morley did not explain why he initiated the change in early 2018.
Flyvbjerg, who also chairs the BT Centre for Major Programme Management, concluded in his report, “APA appears to have disregarded and violated its own Code of Ethics on multiple counts. In so doing, APA is potentially placing principles of transparency and democracy at risk.”
The first six months of Ravyn’s journey opened with happiness and hope then crashed hard into the reality of being a teen mother. We encouraged readers not to rule out this young couple just because of the hopelessness and despair described in Ravyn’s First and Second Trimester accounts. They could have aborted the baby but instead they married and determined to bring their child into this world, whatever it took. Ravyn is now one week from her due date. And things are turning around for her and her husband. We have been privileged to get to know them and see their true character and to share Ravyn’s words with our readers.
As I move into the final weeks of my pregnancy, it hits me that this journey has gone by so fast. It feels like only yesterday that I was taking The Test and telling my parents The News. It’s hard to believe the formation of a human being could take so little time.
I have started to notice that as I travel along this road I am growing as a person along with the son growing inside me. God’s loving hand has led me down a very complicated and obstacle-filled path. Despite the difficulties and challenges—maybe because of them—I believe I am becoming better in many ways. In the first part of this story I had written than I had been a horrible person. That person who was is not me anymore.
My son moves around and stretches my belly, running out of room to move. I go in for my thirty-five week appointment and learn he is still sideways and has not turned. I also learn that the incessant itching and red bumps I have acquired within a week are called pupps (a rare skin rash that only happens to only pregnant women and then only 1 in100) and that it will not go away until sometime after birth. With my hormones going wild, I worry to no end that my son will not turn. I prepare myself for the next appointment that will tell me if I need to try an inversion or if I may need a Cesarean section.
The week between thirty-six and thirty-seven is a quick seven days. While I have been waiting for my son to head in the right direction, my husband has found his way forward. I have written about my frustration, fury and sadness at how he has not been the person I needed, and how I had I realized I could not make him into the man I wanted him to be. But he has changed from within, found strength and determination. He has taken stock of who he is and what he can do to be the father this family needs, and how he can be the man he wants to be. He will be a soldier, committing himself to serving and protecting this country…and us. It is a huge decision, a turning point in his own life that points him toward the exit door of the life he is leaving behind.
Still, he needs my help with paperwork he must assemble for enlistment. All the turmoil and getting everything prepared for the baby and organizing his documents, I forget all about the upcoming appointment. When we go in to see my doctor at my thirty-seven week mark, I get the bad news: my son is still inverted. My baby is positioned sideways in my belly and the doctor says they can’t do inversions at our local hospital. It’s either a C-section, go to Tacoma, or wait. I chose to wait, praying my baby would turn on his own. I have faith. After all, I know my prayers for my husband have been answered.
While waiting for the thirty-eight week appointment there is so much bustle with the holiday coming up, my husband’s GED testing (he passed and, Lord, was I thankful and proud of him), and getting ready for the baby doctors tell me I will see the first week of January. We went through clothes (ours and the baby’s), blankets, put up cleaning supplies, and talked about the plans for the future since so much had changed so quickly. My husband did his swearing-in to join the Army and we needed a plan for the months to come when I would be without him.
I have a warm, safe place for me and my child until I join my husband wherever he will be stationed. A wonderful woman from our church will take me in and allow me to live in a private space in her home. This is such a blessing. The place where we had been living lacked proper plumbing and heating. It was all we could afford, two kids without high school educations, no money and a child on the way.
The doctor tells me my son is now head down, aimed for the exit out of me and into this world. Our baby is finally in position. Now it is just a waiting game. The next appointment will be December thirty-first. Christmas and family events keep us busy. The start date for my husband’s basic training has been moved up. He will be leaving us sooner than we first thought. The Army needs him, but so do I. Now I have to think about these months ahead when I will be alone with my new child. My thoughts are focused on time and events: When would the baby show himself? Will he be born before his daddy leaves? Would we risk inducing birth if he hasn’t showed or showed signs of coming?
This third trimester has brought more anxiety than the first two—and they were hard enough. But I close out this last stage of my pregnancy filled with so much joy. In the depths of despair and hopelessness, unexpected loneliness and fear for the future, I never thought I would again be this happy.
Elected officials in Jefferson County, along with all county employees, will no longer swear an oath to support the laws of the United States, according to a recent modification of the oath of office.
Up until this year, county officials pledged in their oath to, “support the Constitution and Laws of the United States, and the Constitution and Laws of the State of Washington.” In the new oath county employees, appointed officials and elected officials affirm only to, “support the Constitution of the United States,” without swearing to support federal law. The oath is scheduled to be administered at the county courthouse in Port Townsend December 31 at 1:00 pm.
The New Oath of Office
Central Services Director Mark McCauley said County Administrator Philip Morley initiated the change, which McCauley characterized as, “a simple tidying-up of an oath.” McCauley said, “there was no event that triggered it,” and the change was adopted in April, 2018, according to Elections Coordinator Betty Johnson.
McCauley could not say what prompted the re-writing of the oath but the revision coincides with media reports in mid-March that Greg Brotherton was being courted by Democrats to run for an open seat on the Jefferson County Board of Commissioners. Brotherton went on to win election in November with 68% of the vote.
Brotherton owns the Sea Change Cannabis store in Discovery Bay. The sale of marijuana is illegal under federal law, resulting in Brotherton being unable to uphold the old oath’s provision to support the, “Laws of the United States,” without divesting himself of his cannabis business. The wording of the new oath removes any conflict for Brotherton to support federal law while operating a cannabis shop.
According to McCauley, the county’s new oath is taken from the Municipal Research and Services Center (MRSC), a non-partisan, non-profit organization that provides policy implementation and other consulting services for local governments in Washington state. The MRSC provides a template for what it calls a “commonly used,” oath but also informs that no particular language is mandated for local oaths, giving counties the latitude to change their oaths as they see fit.
“We like MRSC,” said McCauley. “They’re a pretty good source on how to run local governments.” McCauley also noted that Washington state officials who are sworn into office do not take an oath to support the laws of the United States.
Jefferson County’s decision to omit support of federal law from its oath differs from surrounding counties that require elected officials to affirm their support for the laws of the United States. The oaths of office in Kitsap and Clallam Counties include language to support the Constitution and laws of the United States, while in Grays Harbor County, officials swear an oath to support the federal and state constitutions and to, “perform and discharge the duties of the office… according to law.”
Clallam County Auditor Shoona Riggs says officials there swear an oath to support the laws of the United Sates adding, “the oath of office was sent to the (county) prosecutor for review.” Grays Harbor County Auditor Joe MacLean said there are numerous federal laws that affect county governments in Washington state. “There are laws involving federal grants and federal laws regarding voting, federal voting assistance programs and ballots for people overseas,” said MacLean. “Federally, we’re required to provide ballots to service members overseas.”
The new Jefferson County oath does not prohibit supporting federal laws, and Jefferson County Sheriff-elect Joe Nole said the new oath would likely not have a significant impact on local law enforcement. Nole said the sheriff’s department would continue to cooperate with federal law enforcement agencies as appropriate and on a case-by-case basis.
Nole pointed out that county sheriff’s are not ordinarily tasked with enforcing federal law, but said he believes the new oath better reflects the sometimes contradictory nature of the 10th Amendment to the Constitution, in which there is a difference between state and federal law on specific matters, including cannabis use and sales. “I think it’s a more accurate idea because we don’t actually enforce federal regulations as such,” said Nole.
The 10th Amendment reads, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” The amendment has been increasingly invoked as states move to legalize or deregulate marijuana use and sale. Marijuana is illegal under federal law but the Constitution is silent on the issue, and cannabis supporters argue the 10th Amendment gives states the right to legalize the drug.
On matters involving illegal immigration, primarily a federal issue, Nole drew a distinction between the administrative and law enforcement aspects of dealing with people suspected of being in the United States illegally. “If (federal agencies) had some kind of federal warrant, like a murder in Tennessee, of course we would hold them,” said Nole. However, Nole said his department would not likely hold a suspect for an extended period of time based solely on a request by a federal agency to do so, saying the federal government has an obligation to take custody of suspects in a timely manner.
[Editor’s Note: Compare the oath office taken by incumbent Jefferson County Commissioner David Sullivan, in which he swore to uphold federal laws. That oath is reproduced as the featured image for this story.]
The Cherry Street Project is in more trouble than city and non-profit leaders are letting on. Behind the scenes they have been wrestling with the realization that the original cost estimate appears to have been unrealistic. The fledgling non-profit group of volunteers the City of Port Townsend wants to build the apartments lacks construction expertise and has been shedding officers and board members. Things are so bad the city is stepping in to provide project management in hopes the building can be “stabilized.” It has been sitting on wood blocks since arriving by barge from Victoria, B.C. approaching two years ago.
It is not an “affordable housing project.” It is an extravagant waste of money that has provided shelter for no one with no clear date as to when it may ever be occupied. The waste of money, time, and energy–the lost opportunities to accomplish something that might actually help the housing crunch in our town–has been tragic.
Unrealistic Cost Projections
In April 2018, based on cost projections prepared by Homeward Bound’s volunteer project manager, the city council voted to issue a bond so that a line of credit in the amount of $834,000 could be extended to finish the project. The city had already lent Homeward Bound $250,000 to purchase, transport and set up the old apartment building on wooden stacks known as “cribbing.” In addition, because Homeward Bound was not a viable organization, it granted the group $30,000 to get itself organized and train its leaders. Plus, the city threw in a $451,115 subsidy buried in the loan documents because otherwise Homeward Bound would not be able to meet its full debt obligations for the next forty years.
We reported on May 28, 2018, that the costs of the Cherry Street project had ballooned to $2,006,355. (click here for article). This made the eight projected apartments some of the most expensive real estate in Jefferson County. The actual cost was somewhat higher because we were unable include the value of the free utility work performed by the city or the permit fee waivers extended to move the project forward.
Even these astronomical costs for what are supposed to be eight “affordable” apartments may fall short. As disclosed by the Homeward Bound treasurer at the city council meeting on December 3, Homeward Bound has been incurring rental costs for the “cribbing” supporting the building over the past twenty months. That contractor has also returned to the site to service those supports. The Treasurer mentioned other debts the group would clear with the city’s money…once it signed the loan agreements.
That’s right. As late as December 3, the group had still not signed the loan documents that would release money to fund the project. Nonetheless, city council authorized the city manager to provide project management by city staff–another direct expense to the city.
But more importantly: the original cost projection has now been acknowledged by Homeward Bound to have been unrealistically low.
We obtained this information from Homeward Bound board minutes and city documents produced in response to a public records request. Neither the city nor Homeward Bound responded to our email questions.
At the September 8, 2018, meeting, in discussion of whether the group should sign the loan documents, this entry was recorded in the group’s minutes: “Get a general Contractor: who should then create a realistic budget…then we would sign the loan.”
This desire for a “realistic budget” reflects a realization that hit the Homeward Bound board months before during their July meeting. Cost changes due to delays and market conditions required them, just a couple months after city council approved the loan, to have suppliers rerun the numbers behind the cost estimate.
A November 13, 2018 email from Mark Cooper, Homeward Bound’s treasurer, to City Manager David Timmons and others states, “I’m also convinced the budget proposed by Mike Szatlocky [the former project manager] isn’t sufficient to cover the project. We must discuss how we might finance the gap.” Cooper further stated that Szatlocky “has convinced some board members that they will be held personally liable if there is a shortfall in the project and HB is forced to withdraw at a later date. This needs to be added to the discussion. Is there a way to formally exempt the board except in the case of financial fraud?”
The Treasurer’s concern about a funding shortfall is serious enough that he has asked the city about the possibility of the apartments being sold as condos so that the sale proceeds from the first sales in the uncompleted building could finance construction of the rest of the project:
Thanks to the city’s assistance, a general contractor has agreed to take on the work, but on a time and material basis, not on a fixed bid. Pacific Environmental Services Company of Port Townsend will serve as general contractor. They are widely known for their work with the petroleum industry in the Pacific Northwest.
As City Manager Timmons reported at the December 3 council meeting, the first stage of work will be to “get a foundation under the building” to “stabilize it.”
Another recurring problem has been Homeward Bound’s inability to secure the services of an attorney to advise them regarding the loan documents and other matters. The volunteer attorney who was helping earlier this year backed away and board members have reported calling multiple attorneys and not receiving return telephone calls. Board members have wanted legal advice before they signed documents obligating them to a large loan and potential personal liability.
An Unstable Partner
When the City started the project, Homeward Bound was in mothballs. It had only one board member who signed the documents to accept the sale of the $600,000 property for $1 and obligate Homeward Bound to a $250,000 loan for the building’s purchase and transport. The city wanted a non-profit land trust in the area and it wanted this to be their first project. So it resurrected Homeward Bound. The $30,000 organizational grant was supposed to create a viable organization that could see this and other projects through.
Things started on an optimistic note. Homeward Bound attracted enough interested people to elect a new 12-member Board of Directors on October 5, 2017. Shortly after, they elected officers. Announcements promising forward momentum on the project hit the Homeward Bound Facebook page and local newspapers. In March 2018 the Board completed 16 hours of training. Outreach events were held at the Finnriver Cidery and the Quimper Unitarian Universalist Fellowship. An outside source of donations, called the Nest Egg Project, was founded to help bring in funding.
The city and the group predicted in April 2018 that the project would soon get its “stabilizing” foundation. That has not happened.
Somewhere along the way things began to fall apart.
Board members began resigning. The president, elected in October 2017, was replaced in June 2018. Her successor President was replaced only a few months later. Board members took their complaints about fellow board members and volunteers to Timmons, including a concern that one board member was actively attempting to undermine the project and that the volunteer project manager had “not been friendly to the project.”
As Homeward Bound’s Treasurer informed City Manager Timmons, by November 2018 the group was down to only two people who could give time to the project. Shortly afterwards Timmons informed the city council that no one in Homeward Bound had the ability to serve as a project manager and proposed having the city serve in that capacity.
Homeward Bound’s annual meeting took place December 5, 2018. They announced in advance they were seeking four new members. They got two. Those two people are activists known for Democratic Party involvement and promotion of a local or state income tax. They are not people with backgrounds in construction or finance.
What Were City Leaders Thinking?
The city brought the building from Victoria before it had a plan on what to do with it. It gave it to an organization that existed only on paper and which, even in its most robust days, had never built anything like this. Neither the city nor Homeward Bound had any permits, architectural drawings or engineering plans in advance; they designed the plans and sought the permits after the building was already on site. They went at it backwards.
Without knowing who would eventually be Homeward Bound’s leadership, the city decided it was going to rely on them to complete and run the project. It decided that for the next forty years it would rely on these unknown individuals and an organization that had already once folded. Forty years is the length of the city’s loan to the group.
The city knows this is a difficult project with “a lot of complex financial arrangements,” Timmons has said. What the city put in motion is far more complicated than if the land had been sold and the $600,000 estimated value applied to buying and rehabbing run-down properties. Alternatively, the more than $2 million going into possibly eight apartments (the number remains uncertain for a variety of reasons, ranging from legal codes to financial concerns), could have put a lot of people into used or new manufactured housing. As we pointed out in an earlier report, a newer, larger apartment complex in Port Townsend could have been purchased for less money. It would right now be housing several dozens of people, not the few the Cherry Street project may one day hold.
Overwhelming the volunteers and supporters of Homeward Bound with a complicated construction project is not helpful to anyone or the cause of affordable housing. They are now the recipients of a political football. What has become an embarassment to city political leaders will become their long-term liability. Instead of accepting full responsibility and seeing this project to completion, city leaders have shifted responsibility to a fledgling organization that has already cracked under the first year’s uncertainties and pressure. Guess who gets the blame if the project fails?
Just last month, the Treasurer of Homeward Bound asked Timmons if the city would consider taking the project back. That is not likely to happen. The city’s decisions are now being driven by politics. In the council meeting that approved the city absorbing project management costs, the sole consideration discussed was public appearances. “This is all over Facebook.” “I am being asked about this all the time.” “We need a win.” Those were the justifications given. Not one question was asked about the viability of Homeward Bound. Nothing was discussed about the acknowledgement that the original cost projection might be inadequate and more public money would be required. How much more will it cost to get this done? When will it be finished? Not a single council member wanted to know.
Trouble Lurks in the Financial Pro Forma
The loan agreement between Homeward Bound and the city gives the group a two-year grace period at the start during which it will not have to make loan payments. In that time, the pro forma projects the group will begin accumulating enough rent revenue to address its inability to regularly service its debt at the front end of the loan term.
That assumes that the project will be completed very quickly after the loan agreement is signed and Homeward Bound draws its first dollar. The track record on this project shows that delays are ingrained and inevitable. With a struggling volunteer board, no executive director and complete reliance on the city for intermittent project management, more delays can be expected. The date of receipt of the first rental payment will likely be pushed closer to the date the loan service starts, giving Homeward Bound less time to accumulate any kind of surplus to defray projected deficits.
This analysis does not even address the fact that the cost projections underlying the pro forma are now recognized to be unrealistic.
The city’s project management commitment extends only through installation of the foundation. It does not encompass managing any the project’s remaining needs. City council will likely be called upon to again authorize the contribution of more public resources.
