Wednesday, October 09, 2013

The Inslee/Stuart/Leave-it Clackamas plan

No one is really wondering why Slimeball Stuart and The Liar Leave-it are jamming the CRC Scam through, are they?

Think of it as the Clackamas Plan, where the people of that county were screwed when TriMet had it's lackeys on the Clackamas County Council do the same thing, even though the people wanted no part of their loot rail scam.

Sources are telling me that the scum pushing this so hard: Scrambled Brains Inslee, Slimeball Struart and The Liar Leave-it are attempting to do the same thing here: make it a fait accompli and screw the people.

It's all those scum have.  And it's not going to work.

There are a variety of reasons this plan is hollow, and a variety of ways it's going to get killed.

1.  David Madore is on the case.

Right now, Madore is going through the Kabuki Dance known as "administrative remedies."  He is dutifully filed a complaint concerning the last vote in late September: he gave the Board the opportunity to revisit their stupidity and revoke the contract they signed, putting that effort into the record to set up a fantastic offense in the upcoming county law suit against CTran/TriMet and Tim "The Liar" Leavitt, who violated multiple ethics laws with each of his votes, making any contracts resulting from those votes null and void under Washington law.
 RCW 42.23.030

Interest in contracts prohibited -- Exceptions.

No municipal officer shall be beneficially interested, directly or indirectly, in any contract which may be made by, through or under the supervision of such officer, in whole or in part, or which may be made for the benefit of his or her office, or accept, directly or indirectly, any compensation, gratuity or reward in connection with such contract from any other person beneficially interested therein.

And if they do take such an action:

RCW 42.23.050
Prohibited contracts void -- Penalties for violation of chapter.

Any contract made in violation of the provisions of this chapter is void
and the performance thereof, in full or in part, by a contracting party shall not be the basis of any claim against the municipality. Any officer violating the provisions of this chapter is liable to the municipality of which he or she is an officer for a penalty in the amount of five hundred dollars, in addition to such other civil or criminal liability or penalty as may otherwise be imposed upon the officer by law.
2.  Leave-it's unethical votes.

Under no legal circumstance can leave-it's vote be the deciding vote under law: these votes were typically 5 to 4 votes, making Leave-it's votes illegal as well as any of the city veto votes illegal since his votes were decisive there, as well.  See RCW's 42.23.030 and 050 (above)

Additionally, according to  Page 10 of the "Basic legal guidelines for Washington City, county and special purpose district officials" manual,
A municipal officer may not vote even though one of the exemptions allowing the awarding of such a contract applies. The interest of the municipal officer must be disclosed to the governing body of the municipality and noted in the official minutes or similar records of the municipality before the formation of the contract.
Leave-it's employment with a TriMet contractor certainly fits the bill.  Leave-it's votes are an obvious violation of RCW 42.23.050, and thus the contract is void.

3.   An out-of-state agency has no authority concerning eminent domain in another state.

One of the more glaring weaknesses of the contract in question was the CTran Board's effort to cede it's eminent domain authority to an agency of another state.

That is unconstitutional on it's face.

4.  This rip off still depends on the State Senate ceding it's toll-setting authority to Oregon.

And that ain't gonna happen.

5.  If Inslee goes through with this, this action guarantees there will not be any transportation package of any kind to put before the voters.

Tough decision for Scrambled Brains, but an easy one of the rest of us.

6.  This issue crosses state lines: federal courts will be involved.

This will take years to be untangled.

As it is, any Package will have a referendum clause on it, meaning the voters will kill it.  For Inslee, the choice is this: does it die before it's born in the senate?

Or does it get killed by the voters?

The outcome is the same, by the way.

This whole thing is ugly.  But it's how they play, and it's going to blow up in their face.

Just sayin'.

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