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HomeMy WebLinkAboutEthics Complaint Order Granting Mauro Motion for Summary Judgment and Denying Cox Motion for Summary Judgment RE: In re John Mauro1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BEFORE THE ETHICS HEARING OFFICER FOR THE CITY OF PORT TOWNSEND Phil Olbrechts, Ethics Hearing Officer RE: In re John Mauro Order Granting Mauro Motion for Summary Judgment and Denying Cox Ethics Complaint Motion for Summary Judgment Summary The Mauro motion for summary judgment is granted and the Cox motion for summary judgment is denied. The Reverand Cox complaint against Mr. Mauro is dismissed. The summary judgment motions by both parties addressed the one complaint allegation that advanced past sufficiency on Reverand Cox's March 2, 2025 ethics complaint. That one allegation asserted that Mr. Mauro used his position to grant special privileges to pro -YMCA incident' persons by using City resources to spin a YMCA response to a YMCA transgender incident. The allegation included an assertion that Mr. Mauro used his position to grant special privileges to some pro - YMCA incident persons by granting them preferential access to a City Council meeting. Mr. Mauro's use of City resources to get involved in the YMCA incident did not constitute a special privileges violation. As the head of the City's administrative branch Mr. Mauro had the authority to oversee City resources. The YMCA pool is a City resource because that pool was leased by the City. It was managed by the YMCA under a City/YMCA operating agreement in which the City shared responsibility in public outreach in use of the pool facilities. Mr. Mauro's alleged granting of special access to City Council chambers was legitimately based upon concerns over public safety. The City Council had invited a pro -incident group of individuals to a Council meeting to receive an award. Mr. 1 Labelling the opposing parties of the July 22, 2022 YMCA transgender incident is difficult given the complexities of the differing viewpoints as to what occurred. In the absence of anything better those who agree with how the YMCA handled the situation are called "pro -YMCA incident" persons or groups and those opposed as "anti -YMCA incidenf 'persons or groups. Ethics Complaint P. 1 Summary Judgment Ruling 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mauro authorized the group back door access to the Council chambers out of public safety concerns arising due to tensions between the pro and anti -YMCA incident groups. Background Reverand Cox filed her initial complaint against Mr. Mauro on March 2, 2025. The complaint alleged six ethics violations. An Order of Partial Sufficiency was issued on May 11, 2025. The Order found one allegation sufficient to move forward and gave Reverand Cox the opportunity to provide more detail on two other allegations. The remaining three allegations were dismissed. Reverand Cox submitted an amended complaint on May 21, 2025 that consolidated two of the outstanding allegations into one allegation and dropped the remaining third allegation. A Second Order of Partial Sufficiency was issued on May 31, 2025 finding the consolidated allegation sufficient to move forward to hearing or summary judgment. Reverand Cox filed a motion for summary judgment on May 31, 2025. Mr. Mauro filed a motion for summary judgment on June 5, 2025 and his response to the Cox motion on the same date. Reverand Cox filed her reply to Mr. Mauro's response motion on June 12, 2025. She also filed her response to Mr. Mauro's motion on June 12, 2025. By email dated June 18, 2025 the hearing officer advised Mr. Mauro that his summary judgment motions had misconstrued the reasons for the finding of partial sufficiency, i.e. that Mr. Mauro had focused upon how he had used City resources on the YMCA as opposed to the more significant issue of why those resources were used. Mr. Mauro and Reverand Cox were given an added opportunity to focus on that issue. Mr. Mauro responded by email dated June 23, 2025. Reverand Cox responded by emails dated June 18, 2025, June 22, 2025, June 23, 2025 and June 25, 2025. Findings of Fact The following facts are uncontested: On July 27, 2022 an incident occurred at the Port Townsend YMCA where a pool patron was directed to leave the premises and not return because she objected to a transgender adult disrobing in the women's locker room. This incident lead to significant controversy involving transgender rights. The City is the lessee of the YMCA pool property. The City has contractually delegated operations of the pool to the YMCA. Paragraph 3a of the operating agreement provides that the YMCA has "discretion and control in all matters relating Ethics Complaint p. 2 Summary Judgment Ruling 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to the management and operation of the Pool." However, other provisions of the Agreement provide for more coordinated operations. Most notably, Par. 1 In provides as follows: Public outreach shall be coordinated for consistency of information between the City and the YMCA. The YMCA shall have the primary responsibility for providing notice and information concerning operations of the Pool. The City shall assist in directing the public to the YMCA and providing support during Pool shutdowns, both planned and emergency. As a result of the YMCA transgender incident, Mr. Mauro took several actions to try to present what he believed to accurately portray what occurred and to defend the YMCA's actions as consistent with applicable law. He hired a public relations firm to assist in this public education process. He advised City staff on how to respond to questions about what occurred. According to the Cox complaint he also met with persons who supported the YMCA response to the incident but did not meet with those opposed. Mr. Mauro also expressed support for the LGBTQ+ community in at least one email on the subject. See Page 9, Cox March 2, 2025 Complaint. On August 15, 2022 Mr. Mauro authorized Port Townsend Police Chief Olson to let members of Olympic Pride access a Port Townsend City Council meeting through a back door. Olympic Pride, a pro -YMCA incident group or one of its members was to receive a proclamation issued in its honor at the council meeting. As noted in an email exchange between Chief Olson and Mr. Mauro, the chief asked if it would be appropriate to give the group the backdoor access, noting "[t/his would be helpful in keeping the two groups separated prior to the council meeting." Mr. Mauro responded by August 14, 2022 email with "Sure. Separation is a good idea..." See Mauro Summary Judgment Motion, p. 7. Seven members of Olympic Pride were granted backdoor access according to Mr. Mauro's summary judgment motion. The building code capacity of the council chambers was 70. Id. That capacity was exceeded during the hearing and people were turned away from the meeting due to the capacity being exceeded. The Council meeting was also available virtually to anyone who wished to watch or comment. Analysis Mr. Mauro did not violate the ethics code by either using City resources to react to the YMCA transgender incident or by granting preferential access to Olympic Pride for a packed City Council meeting. As identified in all of the Reverand Cox's complaint decisions, her allegations are based upon violations of the special privileges clause of the City's ethics code, which provides as follows: No municipal officer may use his or her position to secure special privileges or exemptions for himself, herself, or others. Ethics Complaint p. 3 Summary Judgment Ruling 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RCW 42.23.070(1). A. Use of City Resources on YMCA Incident Mr. Mauro did not violate the special privileges clause by using City resources to provide public information on the YMCA incident. Mr. Mauro was acting within his authority as the City Manager when he did so. The YMCA contractually operates the YMCA pool for the City. The pool itself is leased to the City. The operating agreement does give the YMCA full discretion and control over management of the facility. However, the City still maintains a role in public outreach as outlined in Paragraph l In of the agreement. The City's continued involvement in pool operations is not only evidenced in paragraphs such as l In but also through its authority to terminate the contract if operations are not properly handled. Further, the YMCA is a public recreational resource the type of which is often provided by cities and counties. The fact that so many people went to City Hall to voice their opinions on the YMCA incident reflects the fact that the pool was considered by its residents as a public City resource. It was well within the City Manager's job responsibilities as the head of the City's administrative branch to ensure that occurs at the pool is accurately represented to the surrounding community. It may not have been within Mr. Mauro's "duty" to so react as argued by Reverand Cox, but it was within the scope of his authority. In voicing her special privileges arguments Reverand Cox repeatedly references the fact that pro -incident persons were treated differently than anti -incident persons. Treating people differently is not on its own a special privileges violation. Administrative decision making often involves treating one person differently over another. Businesses are awarded public works contracts, some employees are promoted, others are fired, etc. Reverand Cox clearly disagrees with the choices that Mr. Mauro made in reacting to the YMCA incident. If Mr. Mauro's choices were in fact as wrong as Reverand Cox believes them to be, that is an employee performance issue to be evaluated by the City Council. It is not an ethics issue. The ethics code does not empower citizens to subsume the supervisory authority of the City Council over its City Manager. B. Preferential Council Chamber Access Reverand Cox's preferential access claim is equally meritless. Mr. Mauro's sufficiency ruling held that preferential access to Olympic Pride could constitute an ethics violation if there was not adequate justification for the treatment. Public safety was the basis for that preferential treatment. That constitutes adequate justification. The sole legal authority addressing preferential access comes from an Attorney General Opinion, AGO 2010 No. 3. As to preferential access that opinion stated as follows: Ethics Complaint p. 4 Summary Judgment Ruling 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "[a] special privilege may arise if an organization or corporation is granted preferential access to state agency facilities or employees without adequate justification for that preference. " AGO 2010 No. 3. No legal authority for Washington State special privileges law clarifies what qualifies as "adequate justification" for preferential access. However, the public safety concerns of Mr. Mauro and Chief Olsen would likely be at the top of any such list. As identified in the Findings of Fact above, Mr. Mauro authorized preferential access to Olympic Pride because of public safety concerns, i.e. keeping the Olympic Pride group separate from persons with opposing transgender viewpoints. C. Improper Assistance Reverand Cox objected to the opportunity given to Mr. Mauro to address a factual issue key to resolution the complaint filed against him. Mr. Mauro was given the same type of assistance Reverand Cox has received a multitude of times in several of her complaints, including the complaint she filed against Mr. Mauro. The hearing officer's request for additional briefing was necessary to avoid a significant waste of public resources in conducting a factual hearing that would have proven completely unnecessary. Mr. Mauro had misunderstood the basis of the sufficiency ruling on his complaint. He had focused his summary judgment motion on how he had addressed the YMCA transgender incident as opposed to why. Mr. Mauro was asked to provide additional briefing as to why he believed he had the authority spend City resources in addressing the incident. Reverand Cox was given the same type of assistance as that given to Mr. Mauro in her sufficiency review to supplement incomplete information. Her complaint failed to provide sufficient information to evaluate whether she had made a prima facie case that Mr. Mauro had improperly used City resources to address the YMCA incident. She was given an additional opportunity to amend her complaint to provide the necessary information. If she had not been given that opportunity, the allegation against Mr. Mauro would have been dismissed. Reverand Cox found no fault in having the chance to supplement her allegation. She now complains that Mr. Mauro shouldn't have been given the same opportunity to defend himself against the same allegation. There was nothing incorrect or biased in the hearing officer's request for additional briefing on the basis for Mr. Mauro's involvement in the YMCA incident. PTMC 2.80.050F provides that ethics proceedings shall be in general conformance to the Port Townsend Hearing Examiner Rules of Procedure. ID of those rules requires the Ethics Complaint p. 5 Summary Judgment Ruling 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Examiner to "take all necessary action to avoid delay in the disposition of proceedings; and, to maintain order." To that end Rule ID7 authorizes the hearing examiner to "require brief on legal issues." As outlined above, the issue of why Mr. Mauro became involved in the YMCA incident was ultimately based upon an uncontested fact that rendered a factual hearing unnecessary. Requesting additional briefing was part of the "necessary action" to avoid delay in disposition of the ethics complaint. D. Payment Conflict of Interest Reverand Cox has objected to the Hearing Officer's involvement in her Mauro complaint because his invoices are approved by Mr. Mauro. No invoice has been submitted to Mr. Mauro regarding the review of his complaint. As with all other non - ethics hearing examiner review, the invoice involving Mr. Mauro's review will be submitted to the City's planning director for review. She can decide if someone else at City Hall would be more appropriate to approve the invoice. E. Conclusion As in so many of her other ethics complaints, Reverand Cox has again flooded the ethics review process with dozens of irrelevant pages detailing her grievances about choices made by City appointed and elected officials over the YMCA transgender incident. Reverand Cox could very well have the moral high ground on those issues. However, those grievances concern policy and management choices made by City elected and appointed officials. They aren't relevant to the City's ethics code. The City's ethics code was adopted by the Washington State legislature in 1961 as Chapter 42.23 RCW. It has been found sufficient since that time with a few amendments to prevent government officials from abusing their government positions to enrich themselves or others. That ethics code is highly effective in prohibiting unethical conduct. If Mayor Faber had voted to approve a contract making his firm Port Townsend City Attorney, that would have been a clear ethics violation. If Mr. Mauro had directed a police officer to drop a speeding ticket issued against his spouse, that would have been an ethics violation. Making management and legislative decisions on the YMCA incident in a manner that is disagreeable to Reverand Cox is not an ethics violation. No court opinion or Attorney General Opinion has ever found an ethics code violation similar to those advocated by Reverand Cox in any of the complaints she has filed thus far. Reverand Cox's issues are political issues that should be addressed in a political forum. The ethics review process is not a political forum. Ethics Complaint p. 6 Summary Judgment Ruling 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Order Reverand Cox's March 2, 2025 complaint against John Mauro is dismissed. Dated this 30' day of June, 2025. Phil Olbrechts City of Port Townsend Ethics Hearing Officer Ethics Complaint p. 7 Summary Judgment Ruling