WA state ethics complaint filed against Kennewick mayor

A Pasco activist has filed a state ethics complaint against Kennewick Mayor Don Britain, claiming that before the mayor was fired from a Washington state job he used state resources for city and other business.

Roger Lenk also filed the complaint over previously reported allegations that Britain, a former case manager for the Washington state Department of Social and Health Services, had an inappropriate relationship with a female client.

Britain was fired from the agency in fall 2019 after a civil investigation into the relationship by the Washington State Patrol. No criminal activity was alleged.

Lenk filed his complaint with the Washington state Executive Ethics Board, which enforces the state Ethics in Public Service Act.

Britain also has faced a Kennewick city ethic’s investigation and a recall attempt, with the city ethics complaint dismissed and a judge throwing out the recall petition before signatures were gathered.

Britain told the Tri-City Herald the new claims in Lenk’s complaint are unfounded. He has long argued that he did nothing inappropriate while employed with DSHS.

Ethics compliant

The new claims in the complaint are based on the computer files from Britain’s former state computer hard drive, which Lenk obtained through a public records request.

Lenk says the majority of files on the computer were unrelated to Britain’s job and showed he was using the computer for city and other personal use during state work hours.

Should the board find violations, each are punishable with fines up to $5,000 and the board also can recover any damages to state taxpayers and the cost of the investigation.

Lenk also said that some issues may be of interest to the Benton County prosecutor, including computer files that Lenk says indicate Britain was helping a relative obtain employment with the city of Kennewick while Britain was a councilman or mayor.

Lenk says he filed the complaint after receiving a letter from Britain’s attorney in February, demanding that Lenk stop defaming the mayor.

Lenk replied that he did not recall making any public statements directed at Britain, but the letter from Britain’s attorney led him to look into issues Britain might be concerned about, he said.

Just over 56% of the files on Britain’s former state computer hard drive were unrelated to his state job, according to Lenk’s complaint.

They included files related to city of Kennewick business and for managing rental of his condominium in Hawaii, according to the complaint.

There were many photographs of him representing the city of Kennewick as a councilman or mayor, auto accidents, his Hawaii property and family photos, the complaint said.

Other information on the computer’s hard drive included car price reviews and information related to creating a home health care business. It also included a cover letter and resume for his son’s application for Kennewick city government employment, Lenk said.

Washington state employees are prohibited from using their work computers for personal matters other than infrequent or occasional use that results in little or no actual cost to the state and is not for private financial gain, according to guidance posted online by the state Executive Ethics Board.

Britain said the files on the hard drive were left from nearly 10 years of computer use and qualify as occasional use.

He never worked on city business while he was on the clock for the state, but did have two work breaks and an hour-long lunch period each work day, he said.

When he needed to conduct city business, such as attend a meeting, he used his state vacation leave for as many hours as he was gone from the state office, he said.

Britain lost his job with the state after an investigation over a matter that Britain said should have been handled as a policy violation. He said he did not have a romantic relationship with the client, but was trying to help her and her children.

WSP investigation

According to an investigation report by the Washington State Patrol, Britain and one of his female DSHS clients signed a a lease for an apartment with Britain paying the rent. Both appeared to be living at the apartment.

The woman went on a vacation to Hawaii while Britain was vacationing there, but they did not stay together, according to the WSP report. He helped the client obtain state benefits.

The WSP investigation did not accuse Britain of any criminal activity.

The notice of discharge Britain received said he failed to report his relationship with his client to his supervisors, according to Lenk’s ethics complaint.

A regional administrator wrote in Britain’s order for dismissal that “your blatant disregard for the policies in place to assure our citizens and communities that we administer state programs equitably, correctly and fairly is a condition that I cannot ignore.”

“Your behavior has irrevocably shattered my trust and confidence in you and I have concluded your actions require dismissal,” she wrote.

The ethics complaint comes as Britain is up for election this year to the Kennewick City Council. Britain plans to run for re-election.

He has been on the council since 2010 and has served as mayor since January 2018. Council members choose the mayor and most recently voted for Britain as mayor in January 2020.