After 11 turbulent months on the job, Dave Gordon submitted his resignation as mayor of Black Diamond on Nov. 25. Six days later, at Monday’s special meeting, the Black Diamond City Council appointed councilwoman and mayor pro tempore Carol Benson as his replacement. The council chose not to advertise or request any applications for the position from the public.
“We had the public’s input,” Benson told The Reporter after her unanimous appointment. “We all got elected by 70 percent.”
Benson won City Council Position No. 4 receiving 1,047 votes, 66.90 percent to 516 votes and 32.97 percent for Shawn Oglesbee in the November 2013 general election. The turnout was 61 percent of the 2,752 registered voters.
The Reporter first learned of Gordon’s resignation through an email from City Clerk Brenda Martinez sent at 4:30 p.m. on Nov. 25. The email included a revised notice and agenda for the special meeting, which included “discussion and appointment of mayor.”
Gordon emailed a statement to The Reporter for the people of Black Diamond about 90 minutes later, saying he made “a very difficult decision” and that he was “very proud and happy to represent this city for the past year.”
“However due to circumstance beyond my control, I feel I can’t serve the duties of mayor to the standard I set for myself,” wrote Gordon, who had three years remaining on his four-year term. “The current culture of City Hall is not in the people’s best interest. I have worked hard to foster support from every political group and individual.”
Gordon also thanked his supporters and those who voted for him last November.
“I firmly believe you are part of the solution or part of the problem,” he wrote. “I no longer feel I’m part of the solution. I must step aside to shine the light brightly on the problem. To that resolve I submit my letter of resignation with immediate effect.”
RESIGNATION
When reached by phone following Martinez’s email, City Councilman Ron Taylor told The Reporter that he only heard about the resignation that day.
“It’s a surprise to me, too,” Taylor said. “I’m just learning about it like everybody else.”
Benson could not be reached by phone at the time, but Taylor said it was too early to make any comments about who would step into the mayor’s role.
“We’re just trying to figure out ourselves how do we go from here and have a smooth transition,” Taylor said. “We’ll certainly make sure things continue to operate and remain as stable as possible. Beyond that, I can’t say a whole lot because I don’t know a whole lot.”
Councilwoman Ericka Morgan was contacted by phone Nov. 26 said she was “mystified” by the announcement and Gordon’s actions came out of the blue.
Black Diamond was already without a city administrator, after Christy Todd resigned in May following a sexual harassment complaint against Gordon.
Taylor was among the council members that called for Gordon’s resignation following the controversy with Todd.
“It’s no secret that I’ve had my misgivings about his leadership, so I’m optimistic that we’ll be able to maybe operate a little smoother, but that remains to be seen,” Taylor said.
UNANIMOUS SELECTION
The council made quick work of their selection Monday in front of more than 40 residents in the City Council chambers, with the meeting adjourning in less than 19 minutes.
Benson opened the mayoral appointment discussion by saying there is a lot of “talent” on the current council and that picking from that pool would be the most expeditious course of action. The other four council members voiced their agreement for various reasons.
Councilwoman Tamie Deady nominated Benson, saying she was “the best for the position” and fellow Councilwoman Janie Edelman said that Benson’s financial and fiscal background would be an asset.
There was no comment from the public on the matter at either public comment session opportunity. Multiple residents offered Benson congratulations and shook her hand following the meeting.
Benson directed the city clerk to advertise for a new council member immediately. The city has 90 days to make that appointment.
When asked after the meeting to explain the importance of the quick appointment, Benson listed a myriad of city business items that she said must be handled. She said the 13 work items on the list include, most notably, re-opening the Black Diamond Community Center to the public, the general facilities plan and three moratoriums.
Benson said she gets along with everyone on the council and that there will be less contention than there was with Gordon. She wouldn’t respond directly to whether she was “happy” Gordon was gone.
“I’m not gonna say that,” she said. “I don’t know yet.”
APPOINTMENT CONFUSION
In a phone conversation Nov. 26 with Benson and an email exchange with Edelman, both women confirmed the plan was to select a mayor at the Monday special meeting.
Benson said it was her understanding from City Attorney Carol Morris the council was required to select an “elected official” — meaning someone from the council. Edelman responded by email Wednesday afternoon that she had “no comment” on Gordon’s resignation.
A follow-up email query was sent asking, “Is it your understanding that the council must select a mayor to replace Dave Gordon from among the members of the council, and the council will select a replacement Monday?”
Edelman replied, “Yes.”
Morris attached the state laws in an email to The Reporter the morning of Nov. 26 regarding vacancies. The law states an incumbent council member is eligible for appointment to the office of mayor, but does not mandate as such. Morris also wrote in the email, “I will contact Carol Benson to make sure that she understands my advice and that the Council acts correctly on Monday.” Benson responded to an email from The Reporter on Nov. 27 acknowledging that the appointment does not need to be one of the city council members
When asked about the apparent confusion Monday night, Benson said The Reporter either misunderstood what she said or that she misspoke. She stated that she said she believed appointing from within the council was “the best route.”
“There was no misunderstanding,” Benson said. “ I always knew (the appointee) didn’t have to come from the council.”
A King County Elections official told The Reporter via email that governing bodies have 90 days to make appointments for vacant positions and that the position will be on the ballot once again in November 2015. The King County Council would have filled the vacancy if no appointment was made in the allotted time.
Black Diamond has a mayor-council, sometimes referred to as strong mayor, form of government. Other cities like Maple Valley and Covington have council-manager forms where the mayor is a sitting council member selected by the city council.
ROCKY RELATIONSHIP FROM THE START
Gordon, who had no previous experience as an elected official, took office Jan. 1 after a contentious election that ended with a 68 percent victory over former Mayor Rebecca Olness in the 2013 November general election. The main issue in the election involved YarrowBay’s master planned developments, The Villages and Lawson Hills. Much of Gordon’s support came from groups and individuals fighting the developments.
The state Supreme Court denied a petition for review by Toward Responsible Development of the Court of Appeals and Superior Court ruling upholding the permits and YarrowBay’s plans for the two master planned developments.
Following Gordon’s resignation, Olness commented, “I don’t know any details but I’m very disappointed. It’s unfortunate that Mayor Gordon was unable to fulfill his obligation by completing his term.”
Olness confirmed that during the campaign she and others heard rumors circulating of a plan that if Gordon won he would take office and a short time later resign, allowing Benson to become mayor. The election rumor suggested that Benson did not want to run for mayor against Olness, who was seeking a second term.
Benson was contacted by phone Nov. 26 and asked to respond to the rumor.
“That’s ridiculous,” Benson said. “If I wanted to run for mayor I would have.”
FIRST DAY
Gordon shook the city’s foundation almost immediately, dismissing the previous city administrator, Mark Hoppen, upon taking office in January. When his new appointee, Todd, was confirmed Jan. 9, the firm acting as city attorney of four years, Kenyon Disend, promptly quit.
It didn’t take long for the council to start voicing its displeasure with Gordon’s leadership style and governmental aptitude. In February, Gordon made appointments to the Planning Commission without the council’s involvement, a tactic the council had also taken issue with Olness. The relationship hit a boiling point in April, when Gordon alleged that Taylor and Edelman came to his office and demanded his resignation and threatened his job, marriage and reputation if he did not step down. The council members denied leveling threats, but did say they recommended he step down. Gordon called the meeting, “just a power grab. It’s a political coup. What this is about is a conspiracy effort to change the form of government to council-manager after the people voted that down. This is a conspiracy and has nothing to do with the investigation.”
Taylor sent a statement to The Reporter on April 4 that issued a frank disapproval of Gordon’s leadership abilities, writing the mayor’s actions have caused “the fabric of the city government to unravel.”
“If Mayor Gordon truly cares about the well-being of the city, as he says he does, then I call for him to resign now and let the city pick up the pieces,” Taylor wrote in the statement.
In a response to Taylor’s statement, Gordon wrote the councilman leveled a number of “unwarranted” personal attacks that seem more like a “witch hunt.”
“Mr. Taylor’s letter is extremely unfair,” Gordon wrote. “He would ‘try and convict me’ in the eyes of the public by issuing his letter first – before the city has even had an opportunity to complete its investigation.”
HARASSMENT ALLEGATIONS
Todd filed a sexual harassment claim against Gordon Feb. 23, and subsequent retaliation claims against the city in March, April and May.
The documents alleged that the then-mayor made harassing and unwelcome comments, emails and behavior toward Todd.
An investigator for the Cities Insurance Association of Washington looked at the complaint and concluded that Todd was “clearly uncomfortable” with Gordon’s informal communication style, that Todd never attempted to communicate her concerns with Gordon or Benson and that the concerns told to the then-interim city attorney were never passed along to the mayor. The investigator did not issue any recommendation. The City Council passed a resolution for another investigation into the conflict, but Todd agreed to resign and drop the complaint as part of a severance package May 15 that cost the city more than $60,000.
TURMOIL CONTINUES
During and following the controversy, council members repeatedly voiced concern over excessive spending, specifically related to attorney’s fees associated with the mayor.
The council acted against the mayor in that regard in June, unanimously adopting a resolution that required a second signature for any and all purchases made with city money.
Edelman said prior to the resolution vote that city money is “leaving the coffers at quite a remarkable speed” and that the resolution lets the council have a role in the beginning of the process, as opposed to finding out about an expenditure when the bill comes.
Following the meeting, Gordon told The Reporter that he was “disappointed” in the resolution because it lacked provisions for emergencies.
Gordon told The Reporter that he threatened to veto the “short-sighted” resolution in an email he sent to council members. Ultimately, Gordon said he decided that it was his job “to support the what the council wants” even though he thinks the resolution will slow down the government and everyday processes.
In an email later obtained by The Reporter from Gordon to Police Chief Jamey Kiblinger, Gordon called the resolution “hocus pocse (sic) legislation” and questioned if it was constitutionally legal, especially since he never actually signed the resolution.
In another case of miscommunication, on Oct. 30, Gordon apologized on behalf of Taylor, for what Gordon considered “offensive” remarks by Taylor at the Oct. 16 council meeting regarding adding two unpaid holidays for public employees. Taylor said at the meeting the resolution was “another step toward political correctness” and he added, “I mean, let’s face it, this nation was founded as a Christian nation. Tonight when we gave the pledge of allegiance, we said, ‘one nation under God.’ If one of us went to an Islamic country, do you think one of us could demand a holiday there. I don’t think that would go over very well. Anyway, I don’t support this.”
Gordon issued a statement assuring the public that Taylor “regrets what was said.” When asked by The Reporter about Gordon’s assurance, Taylor denied ever making apologies about his statement.
AFTER THE RESIGNATION
After Gordon emailed his resignation statement, The Reporter sent him emails and left two voice messages asking for further comments and clarification for his reasons to quit.
Gordon replied in an email Nov. 26 following his statement, “At the moment I just don’t have anything else to add.”
He did not return phone messages left after Benson was appointed to the position.
Next year the City Council will have four seats on the general election ballot and the mayor’s position.
The City Council members’ seats on the 2015 ballot are Deady, Edelman, Taylor and whomever the council selects to replace Benson.
