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By RAELYNN RICARTE
News staff writer
October 21, 2009
The City of Hood River filed court
documents on Monday denying that any wrongful actions were taken
by Mayor Arthur Babitz and employees to influence the outcome of
the September gas tax election.
Although prepared to argue its case,
attorney Alexandra Sosnkowski said the city is asking the court
to dismiss the complaint filed Oct. 6 by Bob Palmer on these
grounds:
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His petition does not
include facts to show that a “deliberate and material
violation” of state statutes took place with electorate
approval of the tax. n The petition contains no allegation
that the number of votes taken from the approval by reason
of the election contest would reverse the outcome.
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Palmer did not first exhaust his
administrative remedies by filing his complaint with the
Secretary of State so the court should decline jurisdiction.
Both Babitz and Palmer were advised
by their respective legal counselors not to comment on the
pending court action. Sosknowski conferred on the legal
documents with Thomas Sponsler, a Portland attorney who
specializes in government law.
Bob Francis, city manager, said an
inter-fund loan will be taken from sewer or water reserves to
cover the anticipated $40,000-$50,000 in legal bills.
That money, by law, must be repaid
with interest within the next two years. Both city officials and
Palmer are seeking reimbursement of attorney and filing fees if
he/they prevail.
The city has agreed to the basic
facts of Palmer’s suit that address the date of the election,
the vote and recount process.
Both parties concur that Measure
14-35 was tied at 806-806 following the vote on Sept. 15. The
fate of the 3 cent per gallon gas tax then hinged on 21 ballots
that had been challenged by county elections officials because
the signatures did not match voter registration cards.
After nine of these ballots were
validated and counted, the gas tax was approved by three votes.
That result triggered a mandatory recount that found no errors
in the processing of ballots and the final tally was 812 in
favor of the tax and 809 oopposed.
The city categorically denies
Palmer’s claim that Babitz “coerced” employees with layoff
threats into distributing a letter that he had written at home
on his personal computer. The document sent from his e-mail
account to friends and associates addressed the financial need
for passage of the tax but did not mention layoffs.
The city outlines in its legal brief
that it lacks knowledge to address Palmer’s claim that up to 10
employees campaigned for the tax at Babitz’ behest because these
individuals are not identified. Palmer’s lawsuit also does not
say whether the employees advocated for the tax while on the
job, which would have been illegal.
The city again claims lack of
knowledge about the identity of the individuals who spent money
on the gas tax support signs but failed to form a Political
Action Committee and report the expenditures to the state.
Palmer alleges that Babitz and
unnamed city officials and employees purchased the signs and
allowed them to be posted on utility poles around town, a
violation of the city nuisance law.
Palmer, who campaigned against the
gas tax, is represented by Margaret Schroeder, who works for the
Portland firm of Black Helterline LLP, and Paul Romain,
executive director of the Oregon Petroleum Marketers
Association.
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