Comments on: CiViK asked to destroy all copies of the Hodgson Memo http://www.kirklandviews.com/2008/07/14/civik-asked-to-destroy-all-copies-of-the-hodgson-memo/ Kirkland's Blog for News and views on life in the City of Kirkland, Washington Tue, 06 Jan 2009 03:18:48 +0000 http://wordpress.org/?v=2.6.2 By: kirkland busy body http://www.kirklandviews.com/2008/07/14/civik-asked-to-destroy-all-copies-of-the-hodgson-memo/#comment-693 kirkland busy body Wed, 30 Jul 2008 01:38:13 +0000 http://www.kirklandviews.com/?p=349#comment-693 Hey Rob, How about a poll on how the Council handles this affair? Maybe some suggestions from the public as to what should be done? Does anyone knwo the what if any the law says are possible punishments? Hey Rob,
How about a poll on how the Council handles this affair? Maybe some suggestions from the public as to what should be done? Does anyone knwo the what if any the law says are possible punishments?

]]> By: Rob Butcher http://www.kirklandviews.com/2008/07/14/civik-asked-to-destroy-all-copies-of-the-hodgson-memo/#comment-690 Rob Butcher Wed, 30 Jul 2008 00:47:45 +0000 http://www.kirklandviews.com/?p=349#comment-690 Thanks Ghost of Peter Kirk for your speedy comments. You beat me to the draw! Good job. Rob Thanks Ghost of Peter Kirk for your speedy comments. You beat me to the draw! Good job.

Rob

]]> By: The Ghost of Peter Kirk http://www.kirklandviews.com/2008/07/14/civik-asked-to-destroy-all-copies-of-the-hodgson-memo/#comment-689 The Ghost of Peter Kirk Wed, 30 Jul 2008 00:26:55 +0000 http://www.kirklandviews.com/?p=349#comment-689 The City Council is having a special executive session that may well be to address the issue of Hodgson's behavior: www.ci.kirkland.wa.us/depart/council/Agendas/agenda073008.htm The City Council is having a special executive session that may well be to address the issue of Hodgson’s behavior:

http://www.ci.kirkland.wa.us/depart/council/Agendas/agenda073008.htm

]]> By: Tia http://www.kirklandviews.com/2008/07/14/civik-asked-to-destroy-all-copies-of-the-hodgson-memo/#comment-593 Tia Wed, 16 Jul 2008 18:01:14 +0000 http://www.kirklandviews.com/?p=349#comment-593 Is the council the client (as referenced in ACP) or is the city the client? Is the council the client (as referenced in ACP) or is the city the client?

]]> By: The Hodgson Memo http://www.kirklandviews.com/2008/07/14/civik-asked-to-destroy-all-copies-of-the-hodgson-memo/#comment-592 The Hodgson Memo Wed, 16 Jul 2008 17:24:07 +0000 http://www.kirklandviews.com/?p=349#comment-592 [...] please see: Choas in Kirkland City Chambers, Request for documents from City of Kirkalnd denied and CiViK asked to destroy all copies of the Hodgson Memo. A flurry of reader comments accompany both [...] [...] please see: Choas in Kirkland City Chambers, Request for documents from City of Kirkalnd denied and CiViK asked to destroy all copies of the Hodgson Memo. A flurry of reader comments accompany both [...]

]]> By: “The Hodgson Memo” http://www.kirklandviews.com/2008/07/14/civik-asked-to-destroy-all-copies-of-the-hodgson-memo/#comment-589 “The Hodgson Memo” Wed, 16 Jul 2008 17:11:10 +0000 http://www.kirklandviews.com/?p=349#comment-589 [...] see: Choas in Kirkland City Chambers, Request for documents from City of Kirkalnd denied. and CiViK asked to destroy all copies of the Hodgson Memo. A flurry of reader comments accompany both [...] [...] see: Choas in Kirkland City Chambers, Request for documents from City of Kirkalnd denied. and CiViK asked to destroy all copies of the Hodgson Memo. A flurry of reader comments accompany both [...]

]]> By: EastOfMarketer http://www.kirklandviews.com/2008/07/14/civik-asked-to-destroy-all-copies-of-the-hodgson-memo/#comment-572 EastOfMarketer Wed, 16 Jul 2008 05:10:52 +0000 http://www.kirklandviews.com/?p=349#comment-572 The Ghost of Peter Kirk...I'm not so sure that Mr. Aramburu didn't do anything wrong. I believe he was present at the time and had to have clearly heard that the Council (minus Mr. Hodgson) considered the memo to be "in confidence" between the city attorney and the Council, collectively and protected under ACP. Regardless of who Mr. Aramburu represents, I don't think any attorney today could "leap" across a court room and grab material protected by ACP, read it nonetheless, and be "let off". I believe Mr. Aramburu needs to be disciplined by the WA State BAR Association for his conduct as it was considered a quasi-judicial proceeding, it's a judicial proceeding nonetheless. In addition, I don't believe anyone on the council is an attorney and there was only one other attorney in the room at the time so Mr. Aramburu was in a clear position to *not* have abused his position of advantage, something he failed to do. On another point, I was under the belief that the memo was supposed to be protected by ACP between the City Attorney and the Council, this was clearly not the case as other members of the city staff have reviewed it as well, e.g., Eric Shields, Ramsey, etc. Regarding the response Aramburu gave back to the City Attorney, I found it interesting that Mr. Aramburu gave a copy to Bea Nahon and while it's clear to me that Nahon did not distribute any copies "by any means", it doesn't explicitly say that she did not verbally transmit any aspect of the memo. I suppose it boils down to what is meant legally by "in any form". At this point, I tend to agree with "Better than TV", that this matter now belongs in municipal court and I believe the City knows it's going there as one of the recipients of the memo (shared by the City) is "outside counsel". Perhaps regionally this case will be known as, "Kirkland City Council Uncorked!" EOM The Ghost of Peter Kirk…I’m not so sure that Mr. Aramburu didn’t do anything wrong. I believe he was present at the time and had to have clearly heard that the Council (minus Mr. Hodgson) considered the memo to be “in confidence” between the city attorney and the Council, collectively and protected under ACP. Regardless of who Mr. Aramburu represents, I don’t think any attorney today could “leap” across a court room and grab material protected by ACP, read it nonetheless, and be “let off”. I believe Mr. Aramburu needs to be disciplined by the WA State BAR Association for his conduct as it was considered a quasi-judicial proceeding, it’s a judicial proceeding nonetheless. In addition, I don’t believe anyone on the council is an attorney and there was only one other attorney in the room at the time so Mr. Aramburu was in a clear position to *not* have abused his position of advantage, something he failed to do.

On another point, I was under the belief that the memo was supposed to be protected by ACP between the City Attorney and the Council, this was clearly not the case as other members of the city staff have reviewed it as well, e.g., Eric Shields, Ramsey, etc.

Regarding the response Aramburu gave back to the City Attorney, I found it interesting that Mr. Aramburu gave a copy to Bea Nahon and while it’s clear to me that Nahon did not distribute any copies “by any means”, it doesn’t explicitly say that she did not verbally transmit any aspect of the memo. I suppose it boils down to what is meant legally by “in any form”.

At this point, I tend to agree with “Better than TV”, that this matter now belongs in municipal court and I believe the City knows it’s going there as one of the recipients of the memo (shared by the City) is “outside counsel”.

Perhaps regionally this case will be known as, “Kirkland City Council Uncorked!”

EOM

]]> By: The Ghost of Peter Kirk http://www.kirklandviews.com/2008/07/14/civik-asked-to-destroy-all-copies-of-the-hodgson-memo/#comment-570 The Ghost of Peter Kirk Wed, 16 Jul 2008 01:47:15 +0000 http://www.kirklandviews.com/?p=349#comment-570 Any party (such as City Council) that has legal representation is entitled to confidentiality in its communications with their counsel. Transparency of public process does not trump that. Coiuncil has executive sessions virtually every meeting to handle matters that are kept private for assorted reasons. Mr. Aramburu didn't appear to do anything wrong to me. He is an advocate for CiViK, so he is supposed to act in their best interests, while staying within the law. Hodgson gave him the envelope, and apparently no one had authority to stop or reverse that. On the other hand, Tom Hodgson was out of line. He did not have the authority to hand it over, but he did anyway. He had the option to discuss the matter further with CIty Council or with the City Attorney, but he plunged in. This letter from Ms. Jenkinson asserts the city's legal position that he was wrong. It is one thoing to vote on a matter, it is another to disregard the Council majority's wishes. Any party (such as City Council) that has legal representation is entitled to confidentiality in its communications with their counsel. Transparency of public process does not trump that. Coiuncil has executive sessions virtually every meeting to handle matters that are kept private for assorted reasons.

Mr. Aramburu didn’t appear to do anything wrong to me. He is an advocate for CiViK, so he is supposed to act in their best interests, while staying within the law. Hodgson gave him the envelope, and apparently no one had authority to stop or reverse that.

On the other hand, Tom Hodgson was out of line. He did not have the authority to hand it over, but he did anyway. He had the option to discuss the matter further with CIty Council or with the City Attorney, but he plunged in. This letter from Ms. Jenkinson asserts the city’s legal position that he was wrong.

It is one thoing to vote on a matter, it is another to disregard the Council majority’s wishes.

]]> By: Better than TV http://www.kirklandviews.com/2008/07/14/civik-asked-to-destroy-all-copies-of-the-hodgson-memo/#comment-568 Better than TV Tue, 15 Jul 2008 17:54:11 +0000 http://www.kirklandviews.com/?p=349#comment-568 At this point, I hope that Civik's attorney is dismissed for his clear mis-conduct, and that this ends up in municipal court where it now belongs. Our city council simply can't be impartial at this point, and it's clear that the process has dissolved. At this point, I hope that Civik’s attorney is dismissed for his clear mis-conduct, and that this ends up in municipal court where it now belongs. Our city council simply can’t be impartial at this point, and it’s clear that the process has dissolved.

]]> By: Trooper http://www.kirklandviews.com/2008/07/14/civik-asked-to-destroy-all-copies-of-the-hodgson-memo/#comment-567 Trooper Tue, 15 Jul 2008 16:43:45 +0000 http://www.kirklandviews.com/?p=349#comment-567 Correct - the "whether or not" was rhetorical, my comment was about the fairness of the memo itself. Correct - the “whether or not” was rhetorical, my comment was about the fairness of the memo itself.

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