Bloglander

For over nine months, a crucial question has been hanging before the city's ethics commission: Was Mayor David Condon honest or dishonest when he said "no," at a press conference a year ago, when the Inlander asked him if there had been any sexual harassment complaints "lodged" against former police Chief Frank Straub?

Two months after that clear denial, records revealed that former police spokeswoman Monique Cotton had personally complained to the mayor and City Administrator Theresa Sanders that Straub had grabbed her "ass" and tried to kiss her. 

Since December, the ethics commission, Condon's attorney Jim King, and the National Organization for Women's attorney, Rick Eichstaedt, have been fighting over the minutia of that press conference to determine whether the mayor's comment violated the city's ethics code. 

But just an hour and a half before the mayor was scheduled to be grilled before the ethics commission, NOW and Condon came to an agreement: NOW would withdraw their complaint in exchange for seats on the mayor's  "21st Century Workforce Task Force." Specifically, they'd get seats on "Gender Pay and Equity Report" and the "Sexual Harassment Policies and Procedures" subcommittees, where they would have the ability to weigh on the process modifying the city's sexual harassment, gender equity, and workforce training policies. It would also guarantee mandatory sexual harassment training for city employees.

"This was a very difficult decision for us," Sherry Jones, with NOW, said at a press conference at noon. "Exacting a pound of the mayor's flesh was never our goal. We wanted accountability, yes, but more importantly, we wanted to make sure that sexual harassment complaints never again go uninvestigated."

While Condon had already committed to reform the city's equity and sexual harassment policies, the settlement guaranteed NOW would be able to have input in the process and set a deadline to have the process completed by the end of the year. 

“The city is committed to protecting the well-being of our employees and ensuring they are treated fairly and appropriately, including addressing sexual discrimination and harassment,” Condon said in a press release. “This task force brings a tremendous mix of perspectives that will create a transformational organization to become the employer of choice.”

The settlement, however, did not include an admission of guilt from the mayor and did not include anything to specifically address NOW's concerns about the mayor's dishonesty. 

"We wanted to hold Mayor Condon's feet to the fire on this issue, for sure," Jones says. "On the other hand, are we going to be able to guarantee he's always honest in the future or anyone is? No."

But focusing narrowly on the question of dishonesty, Jones says, wouldn't necessarily have pushed forward the ultimate goal of improving workplace safety and equality for female city employees. 

"The struggle with dealing with the ethics commission is... so what? He gets a $75 fine? What really happens with the result of that?" Eichstaedt says, referencing the small fine the commission leveled against Sanders for being untruthful. "If we want to effectuate systemic change, that might not be the best outcome." 

He also says the agreement also calls for the mayor to review the ethics commission process itself, a process which Eichstaedt says needs reform. 

"It doesn’t have to be a process where you have to lawyer up to file a claim," Eichstaedt says. "If you’re somebody like the mayor and you're the subject of a frivolous claim, you also [shouldn't] have to lawyer up." 

City Council President Ben Stuckart has previously floated the idea of Spokane, like Chicago, having an "inspector general" who would independently conduct investigations and assess ethics hearings. 

By settling, however, it leaves the actual ethical question unanswered: Was the mayor honest or dishonest in his statement to the Inlander? I've combed through the documents filed by King and Eichstaedt, public records, and the massive report by independent investigator Kris Cappel to attempt to summarize the best cases for and against Condon.

The case for "honesty"

In his briefs, the mayor's attorney, Jim King, argues that the mayor wasn't unethical because his statement was true, that all the pieces of evidence" unmistakably show that Mayor Condon was honest the press conference."

At that time, no one had filed an official, formal complaint with the city regarding sexual harassment, King says. 

A second and a half after the mayor's denial, Condon was asked by KHQ reporter Patrick Erickson: "There have been rumors of an inappropriate relationship between the Chief and Ms. Dugaw. Has that been brought up at all? Was that any part of this as well?" 

The mayor responded, "The critical thing is the management style. The issue with the — that you speak of ... there has been no official filings of anything." 

King argues that Condon had no idea that "Ms. Dugaw" was a reference to Cotton's maiden name, and that the mayor's comment, in fact, was a clarification of his response to the Inlander, that the mayor was only referring to the lack of official filings, when he denied there had been any sexual harassment complaints. 

And while King doesn't mention this, City Administrator Theresa Sanders' own notes detailing the conversation she had with Cotton over sexual harassment, quoted Cotton as saying she "cannot be party to a complaint regarding sexual harassment. This person has hurt me enough. I don't want to be hurt by him anymore."

If Sanders' quotes are accurate, it suggests that Cotton herself didn't believe she was making a complaint by bringing her allegations to the mayor and Sanders. She had pleaded with the mayor, Sanders, and city spokesman Brian Coddington to keep her complaint confidential.

For eight of the nine months that this ethics complaint had been argued, the debate focused on the definition of the phrase "complaint," with King preferring a very narrow definition and Eichstaedt preferring a much broader one.  

But when the Yakima County Superior Court Judge Blaine Gibson dismissed the recall charges against Condon, he seized upon another word: "lodged." 

He cited the Inlander's vibrant active verb choice as a reason for dismissing the charge. The verb "lodged," the judge argued, could imply something more formal than a casual complaint. 

"The problem is one of semantics," Gibson said. "I think most people would understand the word 'lodged' to refer to something more formal than simply complaining."

Indeed, the Cambridge dictionary definition of "lodge" includes the definition "to formally make a complaint to an official." Gibson did not believe an issue of semantics met the very high bar required to initiate a recall in Washington state. So it's reasonable to think that it would not meet the standard for "dishonesty" before the ethics commission either.

The Merriam-Webster definition of the verb "lodge" includes, "to lay (as a complaint) before a proper authority." 

You better believe that Cotton laid her complaint, about sexual harassment, before to the proper authorities. She met with the mayor himself in her lawyer Bob Dunn's office, and alluded to inappropriate touching by Straub.

She'd discussed her concerns about harassment in a phone call with City Administrator Theresa Sanders, Straub's immediate superior, where she said Straub had grabbed her "ass" and tried to kiss her. She told her she had the texts that could prove it. She alluded to the harassment again, in writing, in a text message. Her allegations were a major reason why she was moved out of the police department and into a position in the parks department.

And Cotton's allegations caused the city to conduct a "limited investigation" into the matter, Cappel found: The mayor and Sanders brought Cotton's allegations to city attorneys, who told Straub that Cotton had accused him of sexual harassment. Straub, according to Condon and Sanders, denied the allegations. 

"He investigated, he disciplined, he moved Monique," Eichstaedt says of Condon. "It smelled, tasted, felt look exactly like a complaint."

Not only that, but you want formal? How about a letter, chock full of legal language to and from her lawyer to Condon and Sanders, intended to "formalize" a request for the mayor to approve a “minor contract claim” of $13,276.89.  

"A promise was made for services rendered, my client relied on those promises, and then performed as requested," Dunn wrote.

And in this letter, Dunn threatened to file a formal legal claim — the first step to a lawsuit — that would accuse Straub of "predatory and sexually inappropriate misconduct and outrageous interactions, including physical and emotional assaults with and against subordinate female City employees" and of "causing and creating a work environment so sexually charged and hostile that it caused the constructive discharge of my client."

And while no legal claim was filed, the Inlander's question was about whether any complaint was lodged, not whether a formal legal claim had been filed. Arguably, a "minor contract claim" memorialized in a letter would count as an official filing. 

Furthermore, the report that the mayor and city council commissioned from independent investigator Kris Cappel refers specifically to Monique Cotton's sexual harassment allegations as a "complaint" more than 35 times. 

Even when Cappel found that the city had addressed Cotton's allegations effectively, she referred to it, unabashedly, as a complaint.  

Ms. Cotton was reassigned to the Parks Division as a result of complaints she raised about Chief Straub in April 2015. Those complaints included allegations of sexual harassment and offensive and inappropriate treatment by Chief Straub during a meeting on March 31, 2015. Ms. Cotton’s complaints were shared with Mayor Condon in a private meeting at Ms. Cotton’s attorney’s office, and with Ms. Sanders in a series of in-person meetings, telephone calls, and text messages.

In fact, Cappel titles a section of the report "What constitutes a 'complaint?" In it, she notes that the city code doesn't formally define "complaint." She notes that HR has investigated situations based only on complaints made orally. 

While the SPD policy is somewhat ambiguous in that it refers to both “complaints” and “concerns,” the context and references throughout the policy indicate that an employee’s concerns or allegations need not be communicated formally (as in writing or using a specific form) to constitute a “complaint.”

Ultimately, the question of honesty often comes down to intent. Did Condon believe that there actually had been any sexual harassment complaint lodged against Straub when he denied it to the Inlander?

But Eichstaedt points out that Condon acknowledges that Cotton's complaining would be a "complaint" in his interview with Cappel. 

Q: Did you consider what she [Ms. Cotton] was telling you – and that is
that she was sexually harassed by Straub. Did you consider that she
was making a complaint?

A: In the sense I – yes. I turned that over to – to – to Theresa to – to
further take through the process, yeah.

Q: So you did – you did think that Monique was making a complaint? She
was complaining about something?

A: She was complaining about something, yes.

Not only that, he argues, Cotton's claim that she'd been inappropriately grabbed by Straub wasn't the only sexual harassment issue at play from Condon's perspective. 

In Condon's interview with Cappel,  he said that sexually graphic language Straub used in the explosive March 31 meeting with Cotton and several members of police leadership "was very uncomfortable for [Cotton] in a sexual harassment connotation."

According to witnesses, Straub yelled at Cotton that she'd "f—-ed him," made him "look like a f—-ing asshole" and told her she'd "f—-ed him in the ass and broke the d—- off."

And even though Cotton wasn't interviewed as part of the investigation over the March 31 incident, and even though she discussed the issue in the same meetings where she disclosed her sexual harassment, King himself has referred to Cotton's verbal concerns about the March 31 incident as "a complaint" multiple times. 

“The Mayor consulted with the city attorney’s office after receiving Ms. Cotton’s complaint of misbehavior after receiving Ms. Cotton’s complaint of misbehavior of Chief Straub  at the March 31 meeting,”  King said at the recall hearing. 

But there's another issue, beyond whether what Condon said was technically true: Trust. When public officials or reporters feel they've been deceived, they're more likely to be skeptical of statements in the future. 

"I do think that the battle between the press and the administration has sometimes tightened into an insoluble knot, as has the conflict between the mayor and the City Council," Spokesman-Review columnist Shawn Vestal wrote shortly after the release of the Cappel report. 

In a podcast from August, Spokesman-Review reporter Nick Deshais detailed all the ways the city tried to shut down his reporting on the Straub scandal.

“From the very beginning, they’ve come up with any way they can think of to not let this information get out there,” Deshais said. “I’ve got, ‘It didn’t happen.' I got, I’m being 'destructive.' ... They say, “Nick, these are people’s lives. You know, basically trying to put some guilt trip on me that I’m hurting people.”

That's one reason, he said, he casts such a wide net when he files a public records request. He doesn't want public officials to be able to find a way to dance around it. 

“There is a little bit of — when I know people are lying to my face, I kind of want to just prove them wrong,” Deshais said. “We want to get the truth out. [City spokesman Brian Coddington] wants to get a story that makes the city look good [out].”

But as for City Council President Ben Stuckart, who's repeatedly called the mayor a "liar," says the relationship between himself and the mayor has been thawing since the recall was rejected earlier this month.

Last Friday, for the first time in six months, Stuckart says, he and the mayor had a wide-ranging, free-flowing conversation about a slew of different topics.

"We had a frank discussion, the day the recall failed. I think both the administration and council are really eager to move forward," Stuckart says. "We’ve got to hit the reset button. He agreed." 

And Stuckart says that reset starts with recognizing that both have the best interests of the city at heart and choosing to trust each other.

"To me, that means really taking everything at face value and not questioning it," Stuckart says.

For fans of the region's blossoming culinary scene, several news tidbits crossed our radar today.

This morning, I received a welcome email from Atania Gilmore, owner of the locally-beloved vegan restaurant Allie's Vegan Pizzeria & Cafe, that the second location of her business is opening next week on Spokane's South Hill. After a devastating fire heavily damaged Gilmore's flagship location on Spokane's North Side earlier this year, and she learned that it would take as long as six months for repairs, Gilmore decided to open a second location in the interim. 

Allie's new spot in a shopping center at 1314 S. Grand, Suite 6 — next to Growler Guys — is set to open for business next Tuesday, Oct. 4, at 11 am. In her email, Gilmore says the store will be holding drawings throughout the week for gift cards, and will be giving out cupcakes to customers who stop in.


In boozier news, Nectar Wine & Beer is bringing a second location to the hip South Perry neighborhood. Owner Josh Wade, who opened the beer and wine retail store and tasting room in Kendall Yards last year, plans to operate the second spot in a newly constructed, two-story building at 907 S. Perry, on the corner of Perry and Ninth. In a blog post on his website, Wade writes that construction is to start at the beginning of next year, with a targeted opening date of spring 2017. Customers of the Kendall Yards' location can expect to find the same familiar layout and an identical business model at the new Perry store.

Fans of the midday meal that combines breakfast and lunch can rejoice now that the forthcoming Bruncheonette restaurant has announced its expected grand opening date: Oct. 17. By the same folks who run the familiar Couple of Chefs Catering & Food Truck, the new eatery takes over a space just north of downtown, most recently occupied by the Knock Irish pub.

Stay tuned for more news on these spots and other new places to fill your belly around the Inland Northwest by checking out the Inlander's weekly food section online and in print, and by signing up for the weekly food newsletter, Entree. 

HERE 

License to Kill
Columnist Shawn Vestal argues that cops still need to be given some slack when it comes to use of force — but not the incredible amount of leeway given to officers in Washington state. [Spokesman-Review]

You Must Be This Short to Ride the Underpass
Another day, another truck running into another bridge. [KREM]

"Will You Accept a Collect Call From: I Swear If You Testify I'll..."
If you're in jail, don't to tell your girlfriend, who a judge has placed no-contact order on you for, not to testify. At least, if you do, don't do it on the phones that the jail is recording. [Spokesman-Review] 

THERE

But that would take away some of his cool dude slacker mystique!
Trump's aides are pleading with him to maybe practice a little bit before the next debate, even though it's really boring.  [New York Times]

In Soviet Russia, Plane Shoots Down Missile
Yeah, the missile that took down the passenger plane in the Ukraine was fired from inside Russia. In my day that kinda thing woulda sparked a thermonuclear war. 

Frog of Hate
Why a Cartoon Frog was just named a hate symbol.

ON INLANDER.COM

NEWS: The Washington Supreme Court has ruled that a homeless woman doesn't have to pay $15 per month in fines imposed by a Benton County District Court judge. 

ARTS & CULTURE: Steve Martin and Martin Short cancelled the show they had scheduled in Spokane this fall. 

NEWS: Spokane's property crime rate is still bad, but not as bad as it used to be, according to data released by the FBI. 

IN OTHER NEWS

Post-debate debate
A majority of pundits and pollsters — other than Fox News, Breitbart and the Drudge Report — agree that Hillary Clinton won the presidential debate against Donald Trump last night. Trump, in the spin room after the debate, said that he was given a "defective mic," and this morning doubled down on attacks against a former Miss Universe winner after Clinton brought up how Trump used to call her "Miss Piggy" and "Miss Housekeeping." 

Gubernatorial debate
Closer to home, the two Washington gubernatorial candidates, Gov. Jay Inslee and Bill Bryant, squared off in their own debate Monday night. The two clashed on education, taxes, mental health, and homelessness. (Seattle Times)

No charges for WSU football player
Shalom Luani, who was arrested on felony assault charges after police said he threw a punch that broke someone's nose at a Domino's Pizza, won't be charged, the Whitman County prosecutor says. The prosecutor said there was evidence that Luani threw the punch, but that a jury would not be able to conclude beyond a reasonable doubt that it wasn't self defense. (Spokesman-Review)

Police chief pick
Mayor David Condon again picked Craig Meidl as police chief, but this time after Meidl went through a selection process. (Spokesman-Review)

Looking at Spokane's internal CompStat reports, it appeared that the property-crime rate had fallen significantly from 2014 to 2015. But CompStat can be messy, plagued with redundancies and holes. For example, it doesn't include attempted property crimes in its total calculations, where the data released by the FBI does. 

So for months we've been waiting, twiddling our thumbs, for the official data to come in. 

Finally, the FBI released the national data last week, confirming about a 12 percent decrease in the Spokane property crime rate. Violent crime also slightly decreased by about 4.7 percent. 

That's good news.

City Council President Ben Stuckart points to the more decentralized precinct model, increased funding for the Community Oriented Policing Services (C.O.P.S.) program, and the decision to hire more police officers as possible reasons for the improvement. 

However, Spokane's property-crime rate still remains more than two times higher than the Washington state average and more than four times higher than the Idaho state average. Property crime still has not fallen below 2011 levels, before Mayor David Condon came into office. As we reported earlier this year, crime spiked up for several years after an announcement that the department was eliminating its property crimes unit.  

Ah, what might have been. 

The musical-comedy combo promised by the tour featuring a couple of legends — Steve Martin and Martin Short — looked like it was going to be one of the cultural highlights of fall in the Inland Northwest. Instead, it's one of the biggest disappointments after word came Monday that the show is cancelled. 

You'll get an automatic refund if you bought them with a credit card. If you bought tix at a TicketsWest outlet or the INB Performing Arts Center box office, you can take them back to the Spokane Arena box office for a full refund, or mail them to: Spokane Arena, Attn: Ticket Refunds, 720 W. Mallon Ave., Spokane WA 99201. 

The announcement stated the show will be "canceled due to scheduling conflicts," which typically means the potential audience members "scheduled" themselves to do something else that night rather than buy tickets for this particular show. For this gig, the cheapest seats were set at $85, with a top price of $350. 

It's still a bummer, though, because the combo of Martin and Short promised a night of top-notch entertainment, abetted by bluegrass band the Steep Canyon Rangers, regular collaborators on Martin's music albums and tours. 

On the bright side of life: the show featuring Monty Python veterans John Cleese and Eric Idle slated for Oct. 28 is still on. 

Briana Wakefield came from an abusive family. Both of her parents were addicts, and by 14 she began winding her way through the foster system. Plagued by bipolar disorder, ADHD and PTSD, by age 18 Wakefield was unable to work due to her disabilities and lived off Social Security benefits. She got $170 a month in food stamps, as well, according to court documents. 

Wakefield has four kids, all of whom are in foster care. She is trying to get her kids back — attending mental health counseling once every other week, drug counseling once a week, Narcotics Anonymous meetings two or three times a week, parenting classes and visiting her kids for hours at a time, court documents say. Wakefield, 27, is also homeless, but she's trying to find housing.

In the midst of her hardships, Wakefield was also dealing with low-level misdemeanor convictions: theft in 2009, disorderly conduct in 2010 and harassment in 2012, according to court records. The latter two charges landed her with legal financial obligations (LFOs) imposed at the discretion of a Benton County District Court judge in a case that landed in the State Supreme Court.

Last year, the Inlander wrote about a local woman's struggle to get out from under decades-old court fines. You can read that story here.

The Seahawks win, but the victory might cost them. Suddenly, Eastern Washington looks like the team to beat in the Big Sky. The Idaho Vandals won (!) a road game (!) in their last pre-conference showdown, and Washington State University went a week without any more player arrests (at least that we know about). 

Here's everything you need to know about talking sports around your work watercooler today. 

SEAHAWKS CRUSH NINERS, NINERS ATTEMPT TO CRUSH WILSON'S LEG
This is more like it. The Seahawks destroyed the 49ers in Seattle Sunday 38-17 and the score was closer than the game actually was. A couple receivers had 100-yard days, as did running back Christine Michael, and the defense manhandled a weak San Francisco squad. 

The big story: It's one Seahawks fans hope turns out to be nothing — a horsecollar tackle of quarterback Russell Wilson that looked seriously bad when it happened. Check it out: 

Wilson sat out most of the game after that, and will likely be able to play Sunday against the Jets. He'll probably be drinking a lot of that "miracle water" between now and then. 

Your go-to line when talking to Seahawks fans today: "The offense sure looked good! Hope Russell is good to go!"

ON INLANDER.COM

I'm pitching a gritty modern reboot called "Vape Signals"
This Friday, Sherman Alexie will joined the cast members of the movie he penned, Smoke Signals.
 
Every time the future of the Republic looks doomed, take a drink 
Tonight, starting at 5 pm, join Inlander reporters and the hoi polloi of Spokane at nYne to watch Hillary Clinton fight for the presidency up against... wait a minute... this can't be right... Donald J. Trump?! 

When Ginger closes a door she opens a Window Dressing
Letting artsy-fartsy businesses have vacant properties until they're ready to rent? Why, that's a great idea.  

Parton: The Interruption
Our award-winning music critic Laura Johnson reviews the Dolly Parton show.

AP for you, AP for me
To what extent has the influence of cultural policy, academic innovations and expanded access contributed to the rise of diversity of those who take Advanced Placement tests at Spokane Public Schools? Show your work, and feel free to use charts and diagrams. 

HERE

This is what it sounds like when govs lie
Are you ready for the big debate tonight? I speak, of course, of Jay "Dr. J" Inslee vs. Bill "Bry-Bry" Bryant. It's about to get downright gubernatorial up in here. (Spokesman-Review)

Let's deja vu like we used to
Another Monday, another police chief announcement from David Condon. Is it going to be the same guy he picked a few weeks ago? (KXLY)

Another Washington State mass shooting
Five people were shot dead in a mall north of Seattle this weekend. Here's how Spokane law enforcement is preparing for such an event. (Spokesman-Review)

THERE

Don't want to alarm you, but the Hitchhiker's Guide to the Galaxy  cover now clearly reads "Panic!"
If you're anti-Trump, right about now is the time to be really, really worried. (NY Mag)

Artful Dodgers
You've got questions, they've got answers that in no way attempts to answer the question. Take this quiz to see if you can guess how Trump and Clinton prefer to dodge questions. 
(New York Times)

Beck's Call  
Glenn Beck realizes that maybe this Ted Cruz guy isn't making decisions entirely based on his own unwavering moral principles. 

Ladies and gents, are you ready to shut down September? Do it in style, out on the town, and you can find opportunities to do just that throughout our event listings and Staff Picks. 

Here are some highlights of the week ahead: 

Monday, Sept. 26

COMMUNITY | It's time to get serious about the presidential campaign. But not TOO serious. The Inlander is hosting a Debate Party at nYne where you can watch the Clinton/Trump fireworks with fellow Inland Northwesterners, have some drinks and mull the future of democracy a bit, too. 

Tuesday, Sept. 27

LIVE BANDS | The Joy Formidable are, quite simply, an excellent rock trio that brings some beautiful guitar-based noise every time they hit the stage. I've seen 'em a few times, and the Welsh trio has been great at both clubs and on massive festival stages. They open the show at Knitting Factory which Kongos is headlining. Here's a little live Joy Formidable: 

MUSIC EVENTS | It's time once again for the Spokane Symphony Chamber Soiree, and the Autumn edition hits the Marie Antoinette Ballroom at the historic Davenport Hotel to perform baroque, classical and contemporary chamber music while you sip some wine and have some tasty appetizers. It also happens Wednesday.