IN THE SUPERIOR COURT OF THE STATE

OF WASHINGTON FOR THURSTON COUNTY

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_____________________________________________________________________________
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ARTHUR WEST )
plaintiff )
)
vs. ) No.
)
DOUG MAH, JEFFREY MYERS, ) PLAINTIFF’S COMPLAINT
JEFF KINGSBURY, RHENDA ) FOR VIOLATION OF THE
IRIS STRUB, JOE HYER, JOAN ) OPEN PUBLIC MEETINGS
MACHLIS, KAREN MESSMER, ) AND PUBLIC RECORDS
CRAIG OTTAVELLI , CITY OF ) ACTS, FOR NEGLIGENCE,
OLYMPIA, WASHINGTON ) FRAUD, AND DECLARATORY
CITIES INSURANCE AUTHORITY ) RELIEF
defendants )
____________________________________)_________________________________________

I INTRODUCTION
1.1 This is an action for disclosure of public records and violation of the Open Public Meetings
Act, for negligence, for negligent hiring, training, supervision, contracting, and retention, fior
unconscionable contracting, and for fraud, resulting in the deliberate concealment and
falsification of the administrative record of City of Olympia Land Use Approvals by City of
Olympia counsel Jeffrey Myers. An order in regard to retaliation and invidious discrimination
(42USC) is also requested. Plaintiff has been damaged by defendants’ actions and is entitled to
the relief sought.

II. PARTIES AND JURISDICTION

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PLAINTIFF’S ARTHUR WEST,

120 State Avenue N.E. # 1497

COMPLAINT Olympia, Washington

98501
2.1 At all times relevant Arthur West resided in Thurston County, State of Washington. He is a
citizen, landowner, and voter with full civil rights, and has standing to maintain this action in all
particulars.
2.2 At all times relevant, the City of Olympia was a Municipal corporation The City has a
policy, custom and usage of unlawful delegation of core governmental functions to the WCIA,
by means of an unconscionable contract, and of illegal imposition of prior restraints, including
the concealment and obstruction of access to records of land use actions and project approvals as
part of official policy and custom, stemming from the unconscionable contract with the WCIA.
2.3 At all times relevant, Jeff Myers was a “person” acting under color of law to conceal records
and make false and fraudulent representations to the Thurston County Superior Court in regard to
City land use determinations. He has also negligently instructed city officers and employees.
2.4 At all times relevant, Doug Mah, Jeff Kingsbury, Rhenda Iris Strub, Joe Hyer, Joan Machlis,
Karen Messmer, and Craig Ottavelli were City of Olympia council members acting in violation
of the spirit and letter of the Open Public Meetings and Public Records Acts, and negligently
hiring, training, supervising, and retaining their employees and contractors, including Thomas
Bjorgen, Jeffrey Myers, Laura Keehan, and the WCIA.
2.5 All individual defendants are named in their personal, official, and personal/official
capacities.
2.6 The Thurston County Superior Court has jurisdiction over the parties and subject matter of
this claim.
2.7 The Washington Cities Insurance Authority (WCIA), by and through its agent Jeffrey Myers,
is a necessary and liable party, which provides training and instruction to City of Olympia
employees on how to evade the PRA and OPMA with impunity, and obstruct justice in regard to
review of land use decisions. Their contract with the city and actions constitute an
unconscionable violation of public policy.

III. ALLEGATIONS
3.1 At all times relevant since April 28 of 2007, plaintiff West has been requesting records
concerning the City’s role in the Weyerhaeuser and/or the East Bay redevelopment projects. All
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PLAINTIFF’S ARTHUR WEST,

120 State Avenue N.E. # 1497

COMPLAINT Olympia, Washington

98501
this time, the City has violated the PRA in regard to reasonable disclosure. The City has
unreasonably delayed disclosure, and has failed to disclose records with the intent and effect of
obstructing justice and denying due process of law, since hearings on these projects have been
conducted in the absence of full disclosure.
3.2 The Olympia City Council, on six occasions from September 9 to November 23, 2008,
attended and conducted regular meetings where action was taken in violation of the Open Public
Meetings Act, in that deliberations were not conducted openly, and the spirit and letter of the act
were otherwise violated. The Olympia City Council also violated the act by unlawfully excluding
plaintiff from a September meeting when RCW 42.30.030 requires that “All meetings of the
governing body of a public agency shall be open and public and all persons shall be permitted to
attend.”
3.3 On or about January 11, 2008, defendant Myers removed original planning files from the
City of Olympia and concealed portions of them in order to obstruct justice and deny due process
of law. From June 17, 2008 through the present, including August 27 and October 24, 2008,
defendant Myers, Bjorgen, and the City of Olympia deliberately concealed public records and
made fraudulent representations. Myers and City officers, including Laura Keehan, knowingly
made fraudulent representations in writing and/or to plaintiff and the Thurston County Superior
Court as to: First, (on June 17) the materials used in review of the project, Second, (on August
27) the additional, previously undisclosed critical areas ordinance materials and Fish and
Wildlife maps, Third (on August 29) lack of existence of an identifiable “Administrative
Record”, and Fourth, (on October 24) that the unidentifiable administrative record had been
produced to plaintiff, when it had not been and could not have been according to the express
terms of the August 27 declaration of Laura Keehan, which was prepared by counsel Myers in
order to fabricate evidence to support the land use determination, while veiling the evidence
from inspection or disclosure by means of fraud, misrepresentation, and deceit.
3.4 These false and fraudulent representations were made knowingly, with knowledge of their
falsity, with the intent that plaintiff and the honorable judges Wickham, Pomeroy, Tabor, Hicks,
and McPhee would reasonably rely upon them, which they reasonably did, and which caused
damage to plaintiff, in that he had judgments entered against him, and he was publicly excoriated
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PLAINTIFF’S ARTHUR WEST,

120 State Avenue N.E. # 1497

COMPLAINT Olympia, Washington

98501
by both the Courts, the media and the City of Olympia hearing Examiner. He also lost a land use
appeal due in large part to these deliberate illegal and fraudulent actions of defendants.
3.5 Myers, Bjorgen, and Laschever transmitted these false and fraudulent representations through
the mails for the purpose of effecting a scheme and artifice to defraud.
3.6 The City and the WCIA are liable for the actions of defendants Myers and Thomas Bjorgen.
3.7 Due to the proximate results of these deliberately false and fraudulent actions of counsel
Myers, plaintiff has been damaged, his standing in the community lessened, and he has been
defamed, libeled and slandered.
3.8 Myers repeatedly conspired with Hearing examiner Bjorgen to remove records from the City
of Olympia planning files, and selectively edited the records to obstruct justice and make a fair
review impossible. Myers and Bjorgen have a pattern and established business practice of
removing records from the city, tampering with this evidence, and concealing the existence of
evidence from West and others for the purpose of obstructing justice and denying due process of
law in land use appeal proceedings. This is pursuant to city and WCIA policy and usage.
3.9 Myers and Bjorgen colluded to defame and libel plaintiff, in an attempt to conceal their
unlawful actions and stigmatize plaintiff so that he would be invidiously discriminated against in
the courts. Pursuant to this scheme and artifice, Myers attempts to libel, slander, and defame
plaintiff in virtually every pleading and at every court appearance. This defamation is done partly
for the purpose of invidiously discriminating against West as a member of a suspect class that
Myers has created, that of “serial litigants”, in order to deny plaintiff access to justice. Thomas
Bjorgen, the Olympia City Council and Doug Mah have participated in, endorsed, and colluded
in this campaign of defamation and invidious discrimination pursuant to policy, usage and
custom under color of law.
3.10 The City of Olympia has a regular pattern and practice of failing to disclose public records,
of making false representations in regard to land use determinations, and a regular business
practice of retaliation against plaintiff West in furtherance of the City policy, custom, and usage
of unlawful prior restraint. The city routinely violates the open Public Meetings Act. All of these
practices are based upon training and instruction from Myers and/or the WCIA.
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PLAINTIFF’S ARTHUR WEST,

120 State Avenue N.E. # 1497

COMPLAINT Olympia, Washington

98501
3.11 The City has failed to comply with RCW 42.56 in regard to records related to the East Bay
Redevelopment with the intent and effect of denying due process of law in a pending proceeding.
3.12 The City also failed to disclose records related to the Weyerhaeuser log yard, specifically
including the records removed from city offices by Jeffrey Meyers in January of 2008 which
were concealed during an appeal of the project before the City Hearing Examiner. Although the
existence of these records is now admitted, these records remain concealed under attorney-client
privilege.
3.13 The other records which remain concealed and which have not been produced pursuant to a
reasonable estimate or schedule in violation of RCW 42.56 include those described the two
responses of December 3, 2008, from Amy Cleveland and Terri Stotz. The requests that these
responses pertain to were not answered in compliance with RCW 42.56. Records have been
withheld with the intent and effect of obstructing justice and denying due process of law.
3.14 The City of Olympia, and their agents, have a custom, policy, and usage of a system of
unlawful prior restraints, and invidious retaliatory discrimination, which is designed to prevent
freedom of expression, assembly, and petition for redress, access to information, and public
discussion of issues in accord with rights protected under the 1 st Amendment and article I of the
State Constitution. This demonstrates extreme bad faith.
3.15 Defendants WCIA and the City were negligent in hiring, training and retaining, and are
liable for the actions of Myers’ and Bjorgen, which violated the RPC and their oaths of attorney,
as well as the applicable regular and elevated standards of care applicable to attorneys and public
counsel.
IV CAUSES OF ACTION
4.1 PUBLIC RECORDS ACT CLAIM
By their acts and omissions, the defendants violated, conspired to violate, and failed to act to
prevent violation of the 1st Amendment, Article 1, sections 4 and 5 of the State Constitution, and
RCW 42.56, the Public Records Act. Defendant City failed to disclose, and/or unreasonably
delayed disclosure of project related records (involving the Weyerhaeuser project and the East
Bay redevelopment), with the intent and effect of violating RCW 42.56, and creating an
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PLAINTIFF’S ARTHUR WEST,

120 State Avenue N.E. # 1497

COMPLAINT Olympia, Washington

98501
interlocking system of prior restraints, for which they are liable to plaintiff for the relief
requested below.
4.2 OPEN PUBLIC MEETINGS ACT CLAIMS
By their acts and omissions, the Olympia City Council defendants violated the Open Public
Meetings Act, for which they are liable for the relief requested below.
4.3 UNCONSCIONABLE CONTRACT IN VIOLATION OF PUBLIC POLICY
By their acts and omissions, the Olympia City Council defendants entered into, ratified,
acquiesced to and/or accepted benefits of an unconscionable contract with the WCIA, for which
they are liable for the relief requested below.
NEGLIGENT HIRING, TRAINING, SUPERVISION, CONTRACTING AND RETENTION
By their acts and omissions defendants created a cause of action for negligent hiring, training,
supervision, contracting, and retention, in that the city employed or contracted with the WCIA
and employed and/or contracted with Thomas Bjorgen, Laura Keehan, and defendant Myers after
their (and Myers supervising partners’) abusive, fraudulent, and/or unlawful propensities were
apparent, damaging plaintiff, and violating regular and elevated standards of care, for which they
are liable for the relief requested below.
4.4 FRAUD
By their acts and omissions defendants committed the 7 elements of civil fraud, (incorporated
herein by reference) damaging plaintiff, for which relief should issue as requested below.
4.5 DECLARATORY JUDGMENT
By their acts and omissions defendants created an uncertainty in the conduct and the training of
public officers by “serial” civil rights and public records offenders such as defendant Myers,
creating a cause of action for declaratory judgment, for which relief should issue as requested
below.
4.6 42 USC CLAIMS
By their acts and omissions defendants violated, conspired to violate and failed to act to prevent
the violation of federally protected rights under color of law, including USCA 1 and 4, creating a
cause of action under 42 USC 1983-1989, for which relief should issue as requested below.
4.7 DEFAMATION, LIBEL, AND SLANDER
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PLAINTIFF’S ARTHUR WEST,

120 State Avenue N.E. # 1497

COMPLAINT Olympia, Washington

98501
By their acts and omissions defendants defamed, libeled and slandered plaintiff, lessening his
standing in the community, with the intent of denying him access to justice and making him the
subject of invidious discrimination, for which plaintiff is entitled to the relief requested below.
4.8 DAMAGES
All actions were taken willfully, wantonly, maliciously, and in defiance of the laws and
Constitutions of the State of Washington and the United States, for which defendants are not
entitled to qualified immunity. Plaintiff will file a claim for damages for defendants’ fraud and
negligence with the City, and will seek to bring those claims against the City in this suit after 60
days have passed. Plaintiff claims damages against Myers and the other named defendants in
their private capacities in an amount to be set at trial of not less than $50,000.

V PRAYER FOR RELIEF

WHEREFORE, plaintiff respectfully requests the following relief:
1. That an order issue under the seal of this Court declaring that the City and Jeffrey Myers
deliberately, fraudulently, and illegally concealed, altered, and misrepresented the records
relating to and/or considered by the City in issuing the June 16, 2006, and the June 17,
2008, land use approvals with the intent of obstructing justice and denying due process of
law.
2. That an order issue under the seal of this Court ordering disclosure of public records and
finding that the City unreasonably delayed disclosure in order to obstruct justice and deny
due process of law.
3. That costs and penalties be awarded for the City’s egregious and continuing violations of
the Public Records Act in regard to the Weyerhaeuser and East Bay Redevelopment
records, including their concealment of the records considered in issuing the Land Use
Approval of June 17, 2008.
4. That a declaratory ruling issue that the City Council members Doug Mah, Jeff Kingsbury,
Rhenda Iris Strub, Joe Hyer, Joan Machlis, Karen Messmer, and Craig Ottavelli violated
the Open Public Meetings Act, that a civil penalty of $100 be assessed against each
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PLAINTIFF’S ARTHUR WEST,

120 State Avenue N.E. # 1497

COMPLAINT Olympia, Washington

98501
 violator for each meeting found to violate the act, that all actions taken at any such
meeting be voided, and that defendants be forever barred from further violations.
5. That an order enter under the seal of this court declaring that the WCIA and Jeffrey
Myers are unsuitable to conduct any training or instruction of public employees in regard
to public records, public meetings, or land use issues, and forever barring Myers from
tampering with evidence, or removing land use records from the city of Olympia or any
other municipal entity.
6. That an order enter barring the City or counsel Myers from ever attempting to retaliate
upon or invidiously discriminate against plaintiff or any other person due to their exercise
of civil rights.
7. That the defendants be held jointly and severably liable, and damages be awarded
plaintiff against Myers and each other named defendant in their private capacities in an
amount not less than $25,000.

DATED this 10th day of February, 2008. _____________________

ARTHUR WEST

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PLAINTIFF’S ARTHUR WEST,

120 State Avenue N.E. # 1497

COMPLAINT Olympia, Washington

98501