The Washington State Department of Transportation (WSDOT) has amended its lawsuit over how Clark County’s public transit agency is governed, formally naming C-Tran and the Board Composition Review Committee that selects its board members as third-party defendants.
At the center of the dispute is how seats on C-Tran’s board of directors are allocated among Clark County and its cities. State law requires proportional representation, but officials disagree on how to apply it.
C-Tran serves as the public transportation benefit area for Clark County. Its board is appointed by the Board Composition Review Committee, which comprises elected officials from the county and each city within the transit district. The board makes decisions on transit funding, service levels and major projects.
WSDOT argues the current board does not comply with state law and says C-Tran must adopt a “4-3-2” structure to remain eligible for certain state grants. Under that model, four seats would go to the City of Vancouver, three to Clark County and two would be shared among the remaining smaller cities.
Leaders from several smaller cities have pushed back, saying a “3-3-3” structure, with equal representation for the county, Vancouver and the smaller cities collectively, better reflects the intent of the law and prevents Vancouver from holding outsized influence. The C-Tran committee opted for a 3-3-3 structure despite the potential loss in WSDOT funds. The issue of representation has been heightened by C-Tran’s potential role in funding light rail for the future I-5 bridge, a move leaders from smaller cities have criticized.
Earlier this fall, WSDOT warned that C-Tran could lose
eligibility for millions of dollars in state transit grants if the board was not restructured into a “4-3-2” composition by Oct. 1. In response, C-Tran filed suit, seeking a declaratory judgment and a preliminary and permanent injunction to prevent WSDOT from withholding grant funding. A Thurston County Superior Court judge later issued a temporary restraining order and then a preliminary injunction blocking WSDOT from enforcing that deadline while the case is pending.
In October, WSDOT filed a third-party complaint seeking a declaratory judgment that C-Tran’s board is not proportional under state law. That complaint was later challenged by several cities, which argued the agency had improperly named the Board Composition Review Committee itself rather than the cities and county whose elected officials sit on it.
Earlier this month, WSDOT moved to amend its complaint to correct that issue. The revised filing lists C-Tran and the committee’s member jurisdictions as third-party defendants. Cities, including La Center and Ridgefield, were served with the amended complaint in mid-December.
La Center Mayor Tom Strobehn said the latest legal step did not come as a surprise.
“It’s going to work itself out,” Strobehn said. “I would be very surprised if it sees a court of law at that point. The cities … we’re gonna work together to conform and make what’s right, right. Hopefully, there would be some stipulations put on there so that the small cities still have a voice.”
Strobehn said smaller cities are concerned about funding transit projects that primarily benefit Vancouver, particularly the potential light rail operations and maintenance costs associated with a future Interstate 5 bridge replacement.
“If we don’t get those (stipulations) in there and it does do the 4-3-2 … (and) says we’re all going to pay for the O&M, the city of La Center will look at exiting the C-Tran obligation, and I’m sure other small cities will follow suit,” he said.
Ridgefield Mayor Matt Cole confirmed last week that the city had been re-served after WSDOT acknowledged errors in the original filing of the lawsuit.
“They actually served me on the front steps of City Hall during our Christmas celebration, so it’s just kind of like a comical timing every time,” he said.
Cole, who represents Ridgefield on BCRC, said the amended complaint does not immediately threaten C-Tran’s funding because the court’s injunction remains in place.
Cole said BCRC members were open to adopting a 4-3-2 board structure with conditions meant to prevent Vancouver from gaining a majority and to shield smaller cities from automatic financial obligations.
Cole said he supports light rail if the cost is reasonable for all Clark County residents. One of his main concerns is that the Interstate Bridge Replacement Program failed to produce an updated cost analysis on the bridge and O&M this month due to delays caused by the government shutdown.
My position the whole time has been, C-Tran needs to stay together,” Cole said. “They need to be at the table to discuss their participation in light rail operations and maintenance. I think that we need to have an equitable solution that benefits all of Clark County.”
The Reflector could not reach Battle Ground Mayor Troy McCoy before press time, but the city clerk confirmed the city received the amended lawsuit papers on Dec. 15.
C-Tran’s board may revisit the question of board composition in January.
