Saturday, November 21, 2009

A SPOKESMAN-REVIEW INVESTIGATIVE REPORT

City to examine internships, computer use

Outside agency will be called in for independent investigation

Mike Prager / Staff writer

May 7, 2005

© The Spokesman-Review 2005

Spokane city officials Friday announced an independent investigation into Mayor Jim West’s internship program and his use of city e-mail and the Internet.

The investigation revolves around West’s acknowledgement this week that he visited a gay chat room on the Web and had relationships with young men. Part of that activity occurred on city computers, according to information uncovered in an investigation by The Spokesman-Review.

On Thursday, the newspaper reported that West, 54, offered gifts, favors and a City Hall internship to a man on Gay.com whom West believed was 18 years old. The man was actually a forensic computer expert hired by the newspaper to confirm that West was using a Gay.com chat room to seek dates.

Documents City of Spokane policy on Internet and email use. Press release announcing city investigation. (All documents require free Adobe Acrobat Reader) City to investigate Lo-Band  |  Hi-Band Audio » West's appearance at a sign unveiling. » Listen to an Interview with Councilwoman Cherie Rodgers. » Former prosecutor Don Brockett reacts.

The city investigation is not expected to examine allegations contained in the newspaper’s report that West sexually abused two boys during the mid-1970s when he was a Spokane County sheriff’s deputy.

West has denied the sex abuse allegations, but he acknowledged the online activity, calling it part of his private life.

“We believe this investigation is appropriate because it is in these areas that the allegations have a potential to involve city business,” said City Attorney Michael Connelly, adding that steps were taken to secure all relevant information.

Investigators from an agency outside of the city police department will be sought, officials said.

The former Republican state Senate majority leader won what he called his dream job as mayor of Spokane in 2003.

His resolve to stay in office continued Friday, despite concerns from some quarters that the scandal could drag down the city with him.

Spokane Mayor Jim West is back in the public eye as he unveiled a sign for Spokane's Sister Cities on Friday morning at Riverfront Park. (Brian Plonka/The Spokesman-Review)

West appeared at an unveiling of signs that show the directions and distances to Spokane’s four Sister Cities in advance of an international Sister Cities convention in Spokane in July.

During the Friday event, he declined to answer media questions about the controversy that has shaken City Hall.

“I have 1,149 days left (in his four-year term) to keep this city moving,” he said afterward, repeating a similar statement he used in front of the media Thursday.

Also Friday, West resigned his position on the board of directors of the Morning Star Boys Ranch, one day after resigning from the executive board of the Inland Northwest Council of the Boy Scouts.

P.J. Watters, public relations and funding director for the Boys Ranch, described West as “a wonderful supporter.” Watters noted West never had any contact with boys at the ranch.

Even though West controls the city administration through his power to hire and fire, top officials at City Hall were moving Friday to launch the independent investigation without his approval. West subsequently was informed about the plan to have an independent investigation and agreed to it, officials said.

Among City Council members, only Cherie Rodgers had called for an investigation.

“I would get that computer and go through it with a fine-toothed comb,” she said. “Find out the truth. What really happened there.”

Rodgers said some members of the Republican Party have told her they want to see West ousted. She declined to identify those Republicans, but she said West’s problems aren’t going to disappear.

A citizen recall effort, through a petition and a public vote, would be required to remove West from office if he refuses to resign. The petition would need 12,567 valid voter signatures.

“The city is going to be paralyzed, because those issues will always hang over everything that happens,” Rodgers said. “Those questions are always going to be out there.”

Rodgers said West can’t start over and act like nothing has happened. “The public is extremely concerned. They want an answer,” she said.

Former Spokane County Prosecuting Attorney Don Brockett, a Democrat, said the investigation should focus on the use of city equipment or city time “to troll the Internet in order to find individuals with whom Jim West wanted to associate, if as alleged, promising them either positions as interns or trips to Washington, D.C., and so on.”

Brockett said, “I certainly don’t think the city police can investigate it, because people wouldn’t believe that was independent. I don’t know that the Sheriff’s Department can, only because everybody knows Mark Sterk was a city policeman at one time.”

Connelly, the city attorney, said he had yet to make arrangements for the investigation.

Brockett has been outspoken as an advocate for victims in Spokane Diocese’s sex-abuse scandal involving Roman Catholic priests. He suggested that either the Washington State Patrol or a private investigator could be used for the city investigation.

He said the stories of two men who are accusing West of sexually molesting them in the 1970s should not be dismissed. West had characterized both as “convicted felons” in his statement to the media Thursday.

“I think we were too quick to discount victims’ stories because of the lives they’ve led,” Brockett said.

The former prosecutor said that when he was in office he was not aware of any information involving West and molestations. “I wish I had known some of this stuff was going on,” Brockett said.

Brockett said a state criminal law against “abuse of office” may have been violated.

That law states, “A public servant is guilty of official misconduct if, with intent to obtain a benefit or to deprive another person of a lawful right or privilege: (a) he intentionally commits an unauthorized act under color of law; or (b) he intentionally refrains from performing a duty imposed upon him by law. (c) Official misconduct is a gross misdemeanor.”

In addition to the law against abuse of office, the state also has a code of ethics for municipal officers.

That code states, “No municipal officer may, directly or indirectly, give or receive or agree to receive any compensation, gift, reward, or gratuity from a source except the employing municipality, for a matter connected with or related to the officer’s services as such an officer unless otherwise provided for by law.”

The city of Spokane does not have a code of ethics for employees that covers gifts, officials said.

There is a policy governing use of the Web, but it does not address the use of chat rooms. A separate policy on e-mail states, “Obscene, offensive, illegal, or unprofessional communication through e-mail is prohibited,” including any “reference to or discussion of any sexual acts, sexual relationships, dates, dating, personal relationships, or sexually related graphics.”