Clark County Councilor Michelle Belkot has filed a lawsuit in Skamania County Superior Court against Clark County, citing alleged violations of the Civil Rights Act, Open Public Meetings Act (OPMA) and quo warranto claims.
The litigation was filed on Friday, March 28. Quo warranto claims are defined as legal actions “used to challenge the right of someone to hold a public office or exercise a franchise, essentially questioning their authority.”
The lawsuit challenges her fellow Clark County councilors’ decision to remove her from the C-Tran Board of Directors in alleged retaliation for her intended vote on a significant transportation funding matter, according to a news release from Belkot.
“Belkot alleges that her removal was an unconstitutional act of political coercion, violating her First and Fourteenth Amendment rights,” the release states.
The lawsuit contends that the four other councilors imposed a new and improper requirement — after the fact — that C-Tran Board appointees vote in alignment with the majority of the Clark County Council. This action, Belkot asserts, was taken solely in response to her position on a critical funding issue that could cost County taxpayers millions of dollars, according to the release.
In January, Belkot proposed a motion for C-Tran to revert to prior language on light rail funding.
During the March 11 C-Tran Board meeting, the Washougal and Ridgefield members of the C-Tran board said they have been directed to join Battle Ground and Camas in voting “yes” on Belkot’s January motion. Belkot would have joined them in voting “yes” to revert the language back to C-Tran not being responsible for any light rail funding.
The Vancouver members, which include Mayor Anne McEnery-Ogle, intended to vote “no.” The second Clark County board member, County Chair Sue Marshall, said that the council had voted 4-1 to have C-Tran continue the language of “may” assist in light rail operations and maintenance costs as a part of the Interstate Bridge Project (IBR).
A yes vote from Belkot, splitting the Clark County Council, would have passed the motion 5-4 on March 11, compared to a 4-5 vote that would have denied Belkot’s motion if she were to align with the county council majority decision. The C-Tran Board opted to table the decision after Marshall said she wanted to speak with county attorneys regarding the matter.
The following day, on March 12, Marshall, Yung, Fuentes and Little voted 4-1 to remove Belkot from the Regional Transportation Committee — the C-Tran Board — without legal authority and in violation of the OPMA, which prevented public input on the decisions, a prior news release by Reform Clark County stated.
“The actions taken by the majority of the Clark County Council sets a dangerous precedent, effectively punishing elected representatives for independent decision making,” Belkot stated in the release. “This is not just about my seat on the C-TRAN Board. This is about ensuring that the democratic process is protected, and that no government body can silence an elected official for representing their constituents.”
The lawsuit further argues that the board violated the OPMA by failing to disclose the planned removal on the official meeting agenda, not allowing public comment on the matter, and proceeding with a decision that may have been premeditated outside of public view, the release adds.
Additionally, the lawsuit includes a quo warranto claim against Wil Fuentes, whom the council appointed to replace Belkot on the C-Tran Board. The legal action challenges the legitimacy of his appointment, arguing that the Clark County Council overstepped its authority by removing Belkot without lawful cause, according to the release.
Belkot is seeking declaratory relief to overturn her removal, as well as damages for the violation of her civil rights. She is represented by the law firm Stephens & Klinge LLP.
