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Tumwater land deal heats up after port commissioner alleges ethics violations

Port of Olympia commissioners (from left) Joe Downing, Bill McGregor and E.J. Zita.
Port of Olympia commissioners (from left) Joe Downing, Bill McGregor and E.J. Zita. sbloom@theolympian.com

The Port of Olympia’s controversial option-to-lease proposal for 200 acres of land in Tumwater flared up in an unusual way on Monday during a special meeting of the commission.

The focus of the meeting was on one agenda item, simply titled: “Correspondence with Tumwater City Council.”

Commissioner Joe Downing explained that on Friday he had learned that Commissioner E.J. Zita had sent an email to Tumwater city leadership, hoping to speak at their Tuesday (June 30) work session.

Zita, who was not at Monday’s meeting, also had attached some informational slides to her email, according to Downing.

Meanwhile, port staff is set to make a presentation at the same work session about the option-to-lease proposal.

Downing alleged Monday that Zita had violated the port’s ethics policy for her unilateral act.

He quoted from the policy:

“A commissioner may not falsely represent him or herself as performing acts or giving information on behalf of the port or engage in outside personal and private activities that could reasonably be construed to be official acts of the port.”

In response, Downing was looking for commission approval to send an email to Tumwater leadership, explaining that Zita does not necessarily represent the views of the port, and that the slide show was not prepared by port staff. He also planned to ask that the meeting between the port and Tumwater be postponed.

“It’s an egregious break with our own (ethics) resolution and we cannot function when we have a commissioner doing their own thing,” Downing said.

However, Heather Burgess, the port’s legal counsel, warned the commission about Monday’s agenda item, pointing out that no details were attached to it, which is a departure from the port’s normal practice of publishing summary information or a cover memo to explain agenda materials.

“Correspondence with Tumwater City Council” could be about anything, she said, including the weather or COVID-19.

She questioned the “adequacy of the notice given about the description of the business to be transacted today.”

Downing needed Commissioner Bill McGregor’s support to send the letter, but he didn’t get it.

McGregor acknowledged that he reacted to Zita’s email the same way. Still, he voted against sending the letter.

“I prefer not to send it and let Tumwater regulate their own meeting,” he said. “Port staff is to do the presentation and I’m in full support of that.”

More people spoke in opposition to the option-to-lease proposal during public comment.

Residents to date have raised environmental, financial and rush-to-development concerns about the 200-acre, forested site at the port’s New Market Industrial Campus in Tumwater.

“Before you sign this deal, find out what you’re giving up,” said Esther Kronenberg. “Take a walk through that forest. This deal is going to remove it from the face of the earth forever. Please don’t pave it over. There are alternatives. Please pursue them in the interest of the public and the future.”

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Rolf Boone
The Olympian
Rolf has worked at The Olympian since August 2005. He covers breaking news, the city of Lacey and business for the paper. Rolf graduated from The Evergreen State College in 1990. Support my work with a digital subscription
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