Kennewick councilman reprimanded by colleagues for using position for ‘personal gain’

Kennewick Councilman John Trumbo tried to make his case against disciplinary action Tuesday night, saying he’d been treated unfairly during the ethics hearing process.

But after 22 minutes of discussion, four councilmen voted to reprimand Trumbo for violating a city code dealing with personal integrity.

Mayor Don Britain said he couldn’t ignore the fact this was not Trumbo’s first time using his Kennewick City Council credentials when conducting a personal investigation into government officials.

“Had this been his first time, I would not support a reprimand. But this has happened before and I think there is a very clear distinction between the two cases,” said Britain, who recently saw an ethics complaint against himself dismissed.

Trumbo was censured in April 2019 for misusing his office to conduct an unauthorized investigation into unfounded rumors about Mayor Pro Tem Steve Lee.

“We have to be very careful that we are not using our positions stated to the public to gain any type of personal gain,” Britain said Tuesday night. “That would be the distinction that I would draw on this.”

Passes on 4-2 vote

Britain, Lee and Councilmen Chuck Torelli and Jim Millbauer voted to go along with ethics officer Thomas Atwood’s recommendation.

Councilmen Brad Beauchamp and Bill McKay were against it.

Trumbo also tried to enter a “no” vote, but Britain cut in and said Trumbo did not have a say in his own discipline.

The ethics complaint against Trumbo was filed last November by Torelli and then-Councilman Paul Parish.

The two took issue with Trumbo calling and questioning a woman about her real estate dealings with state Sen. Sharon Brown.

They said their fellow board member used his position or title to improperly seek information, while also mentioning his former job as a reporter with the Tri-City Herald seven years ago.

The Council Code of Ethics says the “professional and personal conduct of officials must be above reproach and avoid even the appearance of impropriety.”

Asked for dismissal

Trumbo contacted the homebuyer in October and asked probing questions about the sale, in addition to a mechanic’s lien on the home and whether remodeling had been done.

LuAnn Davison testifed at Trumbo’s ethics hearing in February that the conversation was inappropriate after initially believing he wanted to talk with her about city business. She complained to Kennewick City Hall, as did Brown.

Trumbo had said the ethics complaint was not valid and should have been dismissed.

He claims Senator Brown has been less-than-honest about a licensed marijuana greenhouse business that was founded and operated by her now-ex husband and his son and about work done at her home before its sale last September to Davison.

Trumbo argued that he was clear with Davison he was calling as a private citizen and not a councilman, and said he told the woman he no longer worked for the newspaper when she asked if he was writing a news article.

Atwood took a month to write his report after the February hearing.

He said Trumbo asked “intrusive questions” and, despite his efforts to the contrary, he “improperly created the impression he was acting in his capacity as a City Council member.”

Atwood also concluded that while Trumbo’s motive for the conduct may have been well meaning, the reason for it does not justify the method and he left Davison with a false appearance.

The decision on Trumbo’s ethics complaint was delayed three months because of the coronavirus pandemic. Trumbo had asked that it not be held until visitors watching the virtual council meetings were allowed to offer comments during the live broadcasts, which only started with the June 2 meeting.

‘Committed no wrong’

Before the vote Tuesday, McKay questioned if Atwood would take another look at Trumbo’s issue in light of the decision in Britain’s ethics complaint.

Atwood said he had been convinced to dismiss Britain’s matter based on the mayor’s argument that the ethics policy for city council members should only apply to conduct directly related to city activities or council business.

Britain told Atwood during his investigation that the council had not intended the ethics policy, approved by the council last August, to apply to conduct in the personal lives of council members unless it involves “egregious behavior like a criminal conviction.”

City Attorney Lisa Beaton told McKay that since the ethics officer held a public hearing in Trumbo’s matter and “found sufficiency,” he was done with his part and was leaving it up to the council to decide any action.

Trumbo said he was disappointed with the recommendation and took time to plead his case with the board since he is not able to appeal after the vote is taken.

He said he found it curious that Brown intervened after he called the homebuyer, and had suggested the senator be subpoenaed for his ethics hearing but it wasn’t done.

He said he should have the same consideration as Britain did in his own complaint, since Trumbo’s matter also did not involve city business.

“I committed no wrong,” said Trumbo. “... I feel I was wrongly accused.”