Boos and hisses erupted from Bothell citizens as Councilmember Tris Samberg read the Washington Cities Insurance Authority (WCIA) investigator’s report concerning the potential conflicts of interest by the city council regarding the Wayne Golf Course. The chamber was standing-room only, packed with Bothell residents interested in the results of the report and other issues surrounding the property.

“The legal conclusion reached is that, based on the data gathered and reviewed, state law and city strictures on conflicts of interest/ethics have not been violated, including by Mayor Joshua Freed and Councilmember Mark Lamb,” the report, written by Attorney Peter J. Eglick, states.

The report comes after months of citizen concerns over the allegations that Freed and Lamb, as Freed’s registered agent, violated the public trust and had a conflict of interest in the procurement of the Wayne Golf Course.

The report also notes that the ethics codes “is aspirational rather than stating an objectively enforceable definition of conduct constituting impropriety.” The city’s personnel policy 10.2 (4a) is referenced in connection to the alleged Wayne Golf Course conflicts of interest. Personnel policy 10.2 (4a) states that employees “should avoid any action or behavior which constitutes the reality or the appearance of any… adversely affecting the confidence of the public in the integrity of the city.”

At least one person at the May 5 council meeting stated they had lost confidence in the city’s decisions made on behalf of the citizens.

“How utterly warped is it that our mayor violates open meetings laws to pass on the sale of the Wayne, then personally purchases the back-nine, in essence, taking it from the citizens of Bothell,” Jeff O’Day, Bothell resident, said during the council meeting. “How can the mayor justify profiting from this illegal transaction.”

However the report states that “A conclusion that a violation has occurred must be based on something more than the ‘optics’ an accusation may create” and goes on to state that “no colorable evidence has been reviewed demonstrating that any of these precepts were violated…”

“Most importantly, how shady of a deal does this look like to the Bothell Citizens,” O’Day said. “That is why I call for a vote of no confidence on Mayor Freed.”

Other evidence that was not apparent were the Purchase and Sale agreement, of which information was not part of the report. The council opted to vote in favor of waiting for the report’s release rather than looking into the purchase and sale agreement on their own, as a motion from Samberg would have directed the city to do.

As of yet, the city has not seen the purchase and sale agreement for the back-nine of the Wayne with Freed’s company.

One of the other big questions in the decision made concerning the Wayne was the fact that the discussion and decision was made behind closed doors, in apparent violation of the Open Meetings Act (OPMA).

Washington Coalition for Open Government Vice President Michelle Earl-Hubbard told the Reporter that case law has sided for transparency, in opposition to the report’s conclusion. Earl-Hubbard is currently involved in litigation with the city of Bothell for a separate open meetings issue.

“The executive session regarding property is… to discuss the price you are going to offer or the price you are going to accept; it’s not meant for making decisions whether or not to lease things, whether or not to buy things,” Earl-Hubbard said during an April interview.

However, the report notes that “the OPMA and case law is clear that council action must be taken in public, not in executive session” and that “here, the council took no action after the back nine executive session.”

While the law is open to expert interpretation, those in attendance were not pleased with the results of the investigation and made their feelings known.

“I don’t mean to be a kill-joy, but we have a cancer. Integrity and what I call corruption in this city doesn’t start with Freed. It’s only the beginning,” James Barnhart said during the May 5 council meeting. “I think we have to cut the cancer out and get rid of it.”

Many have noted that, while no laws appear to have been broken, the confidence of citizens in their government has been negatively impacted.

“It might be legal, but it sure doesn’t feel right,” Samberg said.

Many on the council noted that this has been a “learning lesson,” that the council hopes to move forward with mutual respect and that citizens read the report document available in PDF form at the Bothell City website.

Samberg has also requested an agenda item in the near future to have a discussion concerning a viable ethics code.