HomeMy WebLinkAboutJoe D'Amico Order of Dismissal and Stipulation 2018Leslie Locke
From: Philip Hunsucker
Sent: Monday, May 14, 2018 1:18 PM
To: Rose Ann Carroll; Brenda Huntingford; Ann Knox; Leslie Locke; Philip Morley
Cc: Michael Haas
Subject: Dismissal Orders for Two D'Amico Public Records Act Cases
Attachments: 2018 05 09 Stipulation and Order of Dismissal - signed.pdf; 2018 05 09 Stipulation and
Order of Dismissal - signed.pdf
All
Attached are the signed orders of dismissal for both cases. As a reminder, there will be no settlement
agreement. These dismissals document both the settlement and the dismissal of the cases.
If you have questions, please let me know.
Philip
f Philip C. Hunsucker
Chief Civil Deputy Prosecuting Attorney
Jefferson County Prosecuting Attorney's Office
P.O. Box 1220, Port Townsend, WA 98368
Ph: 360-385-9180 Fax: 360-385-0073
All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state law
found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy (or for
inspection) of this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
FILED
CLALLAM COUNTY
MAY 0 9 2018
BARBARA CHRISTENSEN CLERK
SUPERIOR COURT OF WASHINGTON
FOR CLALLAM COUNTY
JOSEPH N. D'AMICO, No. 18-2-00399-05
Plaintiff,
vs.
JEFFERSON COUNTY, a Washington
municipality,
Defendant,
STIPULATION
AND ORDER OF DISMISSAL
I. STIPULATION
The parties to this action, by their attorneys of record, stipulate that: (1) the above
captioned action shall be dismissed with prejudice as a result of a settlement between the
parties where the defendant admitted no liability and, in fact, disputed it had any liability,
2) without an award of attorney's fees or costs to either party, and (3) presentation of this
order is waived.
STIPULATED
ORDER OF DISMISSAL
WITH PREJUDICE - I
SECURITY SERVICES NORTHWEST, INC.
P.O. Box 660
Port Townsend, WA 98368
800) 859-3463
greg@ssnwhq.com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
By:
L
Oreg Overs WSBA No. 26682
Counsel for Plaintiff
Dated: "-s
STIPULATED
ORDER OF DISMISSAL
WITH PREJUDICE - 2
And by:
Philip Hunsucker, WSBA lo. 48692
Counsel for Defendant
Dated: t$ /1
SECURITY SERVICES NORTHWEST, INC,
P.O. Box 660
Port Townsend, WA 98368
800)859-3463
greg@ssnwhq.com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
II. ORDER
Based on the above stipulation of the parties, It Is Ordered:
1. The above captioned action is dismissed with prejudice; and
2. No award of attorney's fees or costs shall be made to either party.
STIPULATED
ORDER OF DISMISSAL
WITH PREJUDICE - 3
CHRISTOPHER MELLY
Judge/
Entered this day of ' 2018.
SECURITY SERVICES NORTHWEST, INC.
A.O. Box 660
Port Townsend, WA 98368
800) 859-3463
greg@ssnwhq.com
s°N CIO MINUTES
Jefferson County Board of Commissioners
9SHINGI
Z
Special Meeting — Monday, April 30, 2018, 9:00 a.m.
Jefferson County Courthouse - Commissioners' Chambers
1820 Jefferson Street, Port Townsend, WA
CALL TO ORDER: Chair Sullivan called the meeting to order at the appointed time in
the presence of Commissioner Kathleen Kler and Commissioner Kate Dean.
PUBLIC COMMENT PERIOD: The following is a summary of comments made by
individuals in attendance at the meeting and reflect their personal opinions:
Individual comment regarding a Resolution supporting sensible firearm regulations.
Individual comment regarding support of the Proclamation proclaiming the month of May as
National Bike Month and encouraging the use of bike safety equipment.
Individual comment regarding a Port Hadlock citizen who is illegally dumping solid waste, raw
sewage, motor vehicle fluids, and motor vehicles on his own and his neighbors' property; the need
for the County to enforce its codes relating to critical area protection, clean water, private land use,
solid waste and sewage.
Individual comment regarding a Port Hadlock citizen who is illegally dumping solid waste, raw
sewage, motor vehicle fluids, and motor vehicles on his own and his neighbors' property; the need
for the County to enforce its codes relating to critical area protection, clean water, private land use,
solid waste and sewage.
Individual comment regarding a Port Hadlock citizen who is illegally dumping solid waste, raw
sewage, motor vehicle fluids, and motor vehicles on his own and his neighbors' property; the need
for the County to enforce its codes relating to critical area protection, clean water, private land use,
solid waste and sewage.
Individual comment regarding support of the Olympic Discovery Trail; lack of safety along
Highway 20; and support for the use of bike safety equipment.
Individual comment regarding a Port Hadlock citizen who is illegally dumping solid waste, raw
sewage, motor vehicle fluids, and motor vehicles on his own and his neighbors' property; the need
for the County to enforce its codes relating to critical area protection, clean water, private land use,
solid waste and sewage.
Individual comment regarding a Port Hadlock citizen who is illegally dumping solid waste, raw
sewage, motor vehicle fluids, and motor vehicles on his own and his neighbors' property; the need
for the County to enforce its codes relating to critical area protection, clean water, private land use,
solid waste and sewage.
Individual comment regarding the financial capability ofthe proponent for the Black Point Resort.
Individual comment regarding the need for low income housing; the shortage of contractors in
Jefferson County; the fact that people with children cannot earn enough money to afford to live in
Jefferson County.
Individual comment regarding the negative effects of the shooting at the Sportmen's Association
Gun Club.
Individual comment regarding the proposed Master Planned Resort at Black Point.
Individual comment regarding support of the Proclamation proclaiming the month of May as
National Bike Month.
Page 1
Commissioners Special Meeting Minutes ofApril 30, 2018
Individual comment regarding support of the Proclamation proclaiming the month of May as
National Bike Month.
Individual comment regarding the County's Nuisance Ordinance which addresses solid waste
violations, but very few enforcement actions have been taken; costs for enforcement should be
recoverable in the long term by levying fines; and there is legal recourse for the citizens speaking
today about illegal dumping including seeking legal counsel about the possibility of filing a
complaint for the lack of enforcement by the County and the failure to enforce its own ordinances.
Individual comment requesting the meeting schedule ofthe newly formed Commercial Shooting
Facilities Review Committee; thanked the Board for providing hearing aid devices for the public to
use during meetings; and stated code enforcement is mandatory and urged the Board to make sure
code enforcement is a priority in Jefferson County.
The Commissioners responded to public comments.
APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner
Dean moved to approve all the items on the Consent Agenda as presented. Commissioner Kler seconded
the motion which carried by a unanimous vote.
1. RESOLUTION NO. 19-18 re: Creating a County Project Designated as Undie Road Bypass,
M.P. 0.000 to M.P. 2.185, Jefferson County Public Works
2. AGREEMENT, Change Order No.1 re: Transfer Station: Power Pack Slab. County Project
No. 4012030; Additional Amount of $4,649.12 for a Project Total of $29,719.12; Jefferson
County Public Works; Christiansen, Inc.
3. AGREEMENT re: Control of Noxious Weeds in the County Right -of -Way; In the Amount of
9,000; Jefferson County Public Works; Noxious Weed Control Board, Washington State
University (WSU), Jefferson County Extension
4. AGREEMENT re: Sheriff s Office Corrections Sergeants Examination to create an Eligibility
List for Promotion; In the Amount of $800; Jefferson County Civil Service Commission; Public
Safety Testing
5. AGREEMENT re: Employment Services; Jefferson County Public Health; Lori Fleming
6. Payment of Jefferson County Vouchers/Warrants Dated April 23, 2018 Totaling $601,801.83
Payment of Jefferson County Payroll Warrants Dated April 20, 2018 Totaling $79,185.34 and
A/P Warrants Done by Payroll Dated April 20, 2018 Totaling $16, 528.09
COMMISSIONERS' BRIEFING SESSION:
PROCLAMATION re: Proclaim the Month of May as National Bike Month: After
Commissioner Dean read aloud the proclamation, Commissioner Kler moved to approve the
Proclamation. Chair Sullivan seconded the motion which carried by unanimous vote.
Page 2
Commissioners Special Meeting Minutes of April 30, 2018
BID OPENING re: Pavement Marking on Jefferson County Roads in 2018: Public
Works Engineer Dale Seward was present for the bid opening for pavement marking Jefferson County
roads in 2018. The Engineer's Estimate is $277,306.00. He opened and read aloud the following two (2)
bids received:
BIDDER
Aanly-A-Line
Stripe Right
BID AMOUNT
306,763.89
309,249.95
Staff will review the bids and submit a recommendation for bid award for consideration by the Board at
a future date.
The meeting was recessed at 10:05 a.m. and reconvened at 10:10 a.m. with all three
Commissioners present.
UPDATE re: North Pacific Coast Marine Resources Committee 2017-2019 Projects:
Environmental Health Specialist Tami Pokorny and North Pacific Coast Marine Resources Committee
member Jill Silver updated the Board on the North Pacific Coast Marine Resources Committee 2017-
2019 Projects.
EXECUTIVE SESSION: An Executive Session was scheduled from 10:45 a.m. to
11:15 a.m. with the County Administrator and Chief Civil Deputy Prosecuting Attorney regarding
Attorney -Client Privilege, Potential Litigation under exemption RCW 42.30.110(1)(i) as outlined in the
Open Public Meetings Act. The actual period of time the Board met in Executive Session on this topic
was from 10:55 a.m. to 12:15 p.m. At the conclusion of the Executive Session the Board resumed the
meeting and took the following action.
Meeting Resumed: Chair Sullivan moved to give the County Administrator discretion to accept the
settlement offer for the public records claim as submitted on April 26, 2018 by Greg Overstreet on
behalf of Joseph D'Amico for $6,127.50 if the cost/benefit analysis finds this is the best course. (A
Special Meeting was later scheduled for Tuesday, May 1, 2018 at 1:45 p.m. for the Board to review this
item further.)
The meeting was recessed at 12:18 p.m. and reconvened at 1:33 p.m. with all three
Commissioners present.
COUNTY ADMINISTRATOR'S BRIEFING SESSION:
UPDATE re: County Permit Software (Tidemark) Replacement Project: Central
Services Director Mark McCauley, Community Development Building and Administrative Services
Manager Jodi Adams, and Environmental Health Director Stuart Whitford updated the Board on the
County permit software (Tidemark) replacement project. A contract will be submitted to the Board for
consideration and approval at a future date.
Page 3
Commissioners Special Meeting Minutes of April 30, 2018
DISCUSSION re: Proposed Match Change for Iglitzin Farm Conservation Futures
Project Scope: Environmental Health Specialist Tami Pokorny and Northwest Watershed Institute
Representative Peter Bahls discussed with the Board the proposed match change for Iglitzin Farm
Conservation Futures project scope. An agreement between Jefferson County and Jefferson Land Trust
will be submitted to the Board for consideration and approval at a future date.
Calendar Coordination:
The Commissioners discussed possibly changing the regular County Commissioner
meeting schedule for 2019 and reviewed their individual meeting schedules.
Future Agenda Items:
Update on Washington State County Administrators Association Annual Conference
Decommissioning Washington State Department ofNatural Resources (DNR) road in
the West End and DNR intent to pursue a grant for property acquisitions in the Dabob
area
Black Point discussion
NOTICE OF ADJOURNMENT: Commissioner Dean moved to adjourn the meeting at
3:04 p.m. until the next regular meeting or special meeting as properly noticed. Commissioner Kler
seconded the motion which carried by a unanimous vote.
T'{ 4
SEAQ"
tj a
4
ATTEST:
LL. L I C-,
Erin Lundgren, C
Clerk of the Board
JEFFERSON COUNTY
OBOARCOMMISSIONERS
1Z
D,ali
Kathleen Kler, Member
Kate Dean, Member
Page 4
SON
MINUTES
3 Jefferson County Board of Commissioners
9IV IN63
0 Special Meeting — May 1, 2018, Tuesday,1:45 p.m.
Jefferson County Courthouse - Commissioners' Chambers
1820 Jefferson Street, Port Townsend, WA
CALL TO ORDER: Chair Sullivan called the meeting to order at the appointed time in
the presence of Commissioner Kathleen Kler and Commissioner Kate Dean.
EXECUTIVE SESSION: An Executive Session was scheduled from 1:45 p.m. to 1:50
p.m. with the Chief Civil Deputy Prosecuting Attorney, Central Services Director and County
Administrator regarding Attorney -Client Privilege, Potential Litigation under exemption RCW
42.30.110(1)(i) as outlined in the Open Public Meetings Act. The actual period of time the Board met in
Executive Session on this topic was from 1:50 p.m. to 2:10 p.m. At the conclusion of the Executive
Session the Board resumed the meeting and took the following action.
DISCUSSION AND POTENTIAL ACTION re: Settlement Offer for Public
Records Claim Submitted on April 26, 2018 by Greg Overstreet on Behalf of Joseph D'Amico:
Chair Sullivan moved to direct the Civil Deputy Prosecuting Attorney to write a letter accepting a
settlement offer for public records claims submitted on April 26, 2018 by Greg Overstreet on behalf of
Joseph D'Amico without admitting any liability or wrongdoing on the part of the County and
disagreeing that the County is violation of the Public Records Act. Commissioner Kler seconded the
motion for discussion.
Commissioner Kler stated that coming on the back of the second settlement that was made just last week
she wants to acknowledge that since January 1, 2018 there has been 36-38 public records requests from
Mr. Overstreet and Mr. D'Amico. In the two cases that they asked for damages, we disagreed with their
interpretation as to whether there had been a violation of the Public Records Act, but with their threat of
litigation and looking at the cost we end up again choosing to pay the attorney fees that Mr. Overstreet
has accumulated, rather than take it to court. Especially, since the Courts are making new law, even as
we speak, on public records, and we don't want to be party to bad law being made on public records.
Commissioner Dean stated that she finds this hard to swallow. Of course we support transparency and
the Public Records Act, but the allegations made pertain to a highly subjective decision that has to made
within the County every day on what we disclose and what we are required to redact. In the case of an
ongoing investigation I find it really hard to be in a position of settling, what I think we feel strongly that
we did the right thing here and yet, to go through the process ofproving that in court is probably very
expensive and arguably, not a good use of public funds. There are also two lawsuits against the County
in the amount of $1,000,000 and $100,000,000 by the same parties which show the position that we are
in right now. She stated she is unlikely to support this motion.
Chair Sullivan stated that we would hope that the Legislature, having this on their plate to look at, would
strive to have more clarity for everybody. He thinks that would be good for the public, it would be good
for us, and good for them to come forward. It is something he thinks we need to do.
Page 1
Commissioners Special Meeting Minutes of May 1, 2018
Commissioner Kler stated in both cases she finds it ironic that in order to be as transparent as we want to
be, that in trying to find all emails, the ones that are in question, it's hard and the judgements carry risk,
and the risk means money. She knows the County did some messaging about the last payment. She is
going to encourage the Board and the County Administrator to find the messaging stating the facts of
how and why these requests keep coming and the larger picture.
County Administrator Philip Morley state that certainly when it comes to public records the County is
fully committed to full compliance with the law and fullest assistance to our citizens to be transparent.
We take it seriously. We have invested in bringing on a Public Records Administrator in the past year.
We have invested in new software to allow us to better track and respond to public records requests.
This was the first week that we are now televising the Commissioner meetings to provide greater
transparency and access. He thinks the County is very much on the record for putting its money where
its mouth is about providing transparency and conducting the peoples' business. The difficulty for us is
when that transparency then engenders claims such as these that then cost everybody money and erode
our ability to provide the services that the public want and deserve.
Chair Sullivan called for a vote on the motion. Chair Sullivan and Commissioner Kler voted in favor of
the motion. Commission Dean voted against the motion. The motion carried.
NOTICE OF ADJOURNMENT: Chair Sullivan adjourned the meeting at 2:18 p.m.
until the next regular meeting or special meeting as properly noticed.
ATY Cc,,
SEA1,,
At . f
ATTEST:
Erin Lundgren CC
Clerk of the Board
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Davi u ' a Chair
Kathleen Kler, Member
Kate . )ean, Member
Page 2
FOR IMMEDIATE RELEASE
May 1, 2018
Philip Morley
1820 Jefferson Street
PO Box 1220
Port Townsend, WA 98368
NEWS RELEASE
CONTACT:
Philip Morley, County Administrator (360) 385-9100
JEFFERSON COUNTY SETTLES SECOND POTENTIAL PUBLIC RECORDS ACT
LITIGATION BY D'AMICO
For the second time in two weeks, the Jefferson County Board of Commissioners voted on May
1, 2018 to settle potentially expensive public records act litigation threatened by Attorney Greg
Overstreet on behalf of Joseph D'Amico. As in the previous instance, in agreeing to the
settlement, the County disputes any violation of the State's Public Records Act, but has
determined that the cost of litigating the issue would likely be much more than the settlement
amount, in this instance, $6,127.50.
In the present dispute being settled, Mr. Overstreet and Mr. D'Amico requested on January 4,
2018:
all emails/text messages/correspondence between Bob Gebo, Stanko, Art Frank and
Anna Phillips from 2014 -Present related to Security Services NW, Security services,
SSNW, Joe D'Amico, Fort Discovery, Shooting, USCG, US Border Patrol, US Customs,
WSP, Kitsap County SO, Clallam County SO, US Army, US Navy, US Marine Corps, other
LEA, Reed Gunstone, ARK, Discovery Bay Land Company and Larry Setchell."
The County conducted a thorough search, found and provided Mr. Overstreet and Mr. D'Amico
127 pages of emails and other correspondence plus an electronic file with an additional 28
emails. 36 pages provided to them had portions redacted (blacked out) under an exemption to
protect on-going law enforcement investigations as provided in the Public Records Act RCW
42.56.240(1). Mr. Overstreet and Mr. D'Amico's court filing on April 26, 2018, challenged those
redactions and declared, "There Is No Criminal Investigation." The Jefferson County Prosecuting
Attorney and Sheriff's Office do in fact have an ongoing criminal investigation.
In accepting Mr. Overstreet and Mr. D'Amico's settlement offer to avoid costly litigation, the
County disagreed with their claims that the redactions did not comply with the Public Records
Act, but agreed to pay Mr. D'Amico $6,127.50 in attorney's fees and filing costs to settle the
dispute. The Prosecuting Attorney and County Sheriff have authorized release of those specific
records related to the ongoing criminal investigation, and the County will provide to Mr.
Phone (360) 385-9100 Fax (360) 385-9382 pmorle3riuco.jefferson.wa.us
Overstreet and Mr. D'Amico unredacted copies of the emails they disputed, as part of the
settlement.
The issue being settled is one of five threatened or actual lawsuits by Mr. Overstreet and Mr.
D'Amico this year. Since January 1 of this year, Mr. Overstreet and Mr. D'Amico have filed 38
public records requests with the County, and have subsequently threatened litigation over
records the County provided Mr. D'Amico in two of those requests, both of which the County
has agreed to settle. Since January 1, Mr. Overstreet and Mr. D'Amico have also filed a one -
million dollar claim for damages with the County alleging a first amendment right violation
stemming from when Mr. D'Amico addressed the Board of County Commissioners and
members of the public during the Board's public comment session on February 26. They have
also filed a one -hundred -million dollar claim for damages with the County, alleging tortious
interference with Mr. D'Amico's business. The County requested information from Mr.
Overstreet that would justify the one -hundred -million dollars in damages claimed. No such
information was provided. The County disputes any liability or wrongdoing in connection with
these claims for damages filed with the County.
On April 20, 2018, Mr. Overstreet and Mr. D'Amico also notified the County that they were
prepared to file a complaint in court seeking a writ of mandamus to compel the County to begin
enforcement action against Mr. D'Amico's former landlord, alleging his former landlord is
conducting illegal commercial third party trainings similar to the trainings that Mr. D'Amico
admits that he previously conducted at the same location from "the late 1980s to October 31,
2017."
To settle the current public records claim by Mr. Overstreet and Mr. D'Amico, the Board of
County Commissioners passed a motion to approve the settlement in open session during a
special meeting on Tuesday, May 1, 2018, after an executive session with legal counsel.
Commissioners Sullivan and Kler moved and voted to approve the settlement. Commissioner
Dean voted against the settlement, on the basis that the County had done nothing wrong.
Page 2 of 2