Former Burien officials file Motion to Intervene against four Councilmembers in Open Public Meetings Act lawsuit

Four former Burien public officials have filed a Motion to Intervene as part of an ongoing lawsuit accusing the City of Burien of violating Washington’s Open Public Meetings Act (OPMA).

As we previously reported, the ongoing lawsuit – initially filed by “open government activist” Arthur West – alleges that four councilmembers – Kevin Schilling, Alex Andrade, Linda Akey, and Stephanie Mora – met as a quorum at a press conference at Burien City Hall on April 25, 2024, and took “action” and “final action” outside the context of a properly scheduled and noticed open public meeting or executive session. In their filing, the former officials argue they have video evidence of the violations.

The motion to intervene was e-filed with the court on Aug. 15, 2024 by former Burien City Councilmembers Stephen Lamphear, Krystal Marx, Cydney Moore, along with former Burien Planning Commission Chair Charles Schaefer (no relation to South King Media’s Scott Schaefer). The four claim they have standing under OPMA and seek to support the lawsuit’s claims of governmental transparency violations.

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“Defendants knowingly violated the OPMA by deliberating as a quorum and taking action outside of the context of a lawful public meeting on and about April 25, 2024,” the motion states. “The Defendants have ignored this vital law, and the preservation of Burien’s democracy and transparency is at stake,” and argues that the interests of the proposed intervenors are not adequately represented by the original plaintiff.

VIDEO: Mayor Scolds Schaefer: “Please do not approach the dais”

During Monday night’s (Aug. 19, 2024) City Council meeting, Councilmembers were “served” with copies of the Motion to Intervene by Schaefer, who approached the dais during Lamphear’s public comment.

The encounter resulted in Mayor Schilling scolding Schaefer repeatedly, saying “please do not approach the dais,” then calling for a 5-minute recess. It is unknown if Schaefer was aware that apparent council regulations do not allow for this kind of activity.

The ~2-minute encounter can be viewed below, or in the council video here around the 1-hour, 5-minute mark:

Lamphear said that councilmembers Linda Akey and Stephanie Mora “grabbed their copies and threw them on the floor” and “Mayor (Kevin) Schilling threw his copy in a waste basket.”

“That’s some respect for the legal process,” Lamphear told The B-Town Blog.

The OPMA case, which has drawn attention for its allegations of unlawful government actions, will continue in King County Superior Court.

City of Burien Responds

Here’s the city’s response to this incident:

“The City of Burien is committed to ensuring the safety of its staff, councilmembers, and community members is prioritized during any public event or meeting.

“Unauthorized individuals may not approach the dais during the course of a city council meeting. Continuing to violate meeting rules of order and multiple direct warnings from the meeting chair constitutes disorderly conduct, a misdemeanor crime under the Revised Code of Washington (RCW) 9A.84.030.

“The two individuals involved in the unlawful incident and violation of RCW 9A.84.030 that occurred during last night’s Burien City Council meeting, Charles Schaefer and Stephen Lamphere (sic), have been referred to the Burien Police Department for further legal action.”

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About the Plaintiffs

• Stephen Lamphear served on the Burien City Council from 1998-2005.
• Krystal Marx was a Councilmember from 2018-2021, as well as Deputy Mayor in 2020-2021.
• Cydney Moore was a Councilmember from 2020-2023.
• Charles Schaefer was a Burien Planning Commissioner from 2022-2023, as well as Chair before he was removed.

Documents:

• Download the original lawsuit here (PDF file)
• Download the Motion to Intervene here (PDF file)