B.G. probe yields no criminal action

After months of finger-pointing and thousands of dollars spent, the findings from a probe into who was leaking privileged information from Battle Ground City Council executive sessions were released but do not warrant pursuing criminal action, according to the city’s attorney.

Patrick Brock, who was hired to advise the city during the investigation, released a public statement regarding the investigation Tuesday morning. The city council met behind closed doors for nearly three hours Monday night to discuss the findings, but the details of the investigation will not be released to the public.

Investigators learned of four scenarios where leaks were alleged. But none of the evidence suggested the alleged leaks were made with the intent to materially benefit the leaker or any third party, Brock said in the news release.

Mayor Michael Ciraulo said he is satisfied with the findings of the investigation.

“I feel comfortable it was a comprehensive, competent investigation of all the facts,” Ciraulo said.

Not everyone agrees, though. Councilman Paul Zandamela said he was not surprised the investigation found no evidence of criminal wrongdoing.

“This was not about the leak investigation, the way I see it,” he said. “It was not about finding the truth. I think this was about revenge. This was a political ploy to change the subject.”

Zandamela said he would let people draw their own conclusions about his statement, but added, “This supposed investigation came at a time when we were dealing with the (former police Chief James) McDaniel issue.”

Councilman Alex Reinhold pushed for the investigation in December. He became concerned information from executive sessions was being leaked after receiving e-mails from people in the community after City Manager Dennis Osborn fired McDaniel Dec. 17.

The investigation was conducted last month by Jon Walters and William Curtright of Public Safety Testing Inc. of Lynnwood. The investigators interviewed all participants in Battle Ground City Council executive sessions from January 1, 2009, to the present, as well as anyone else who was identified as the recipient of confidential information.

Last month, the city approved spending up to $23,000 for the investigation. The council also approved paying no more than $5,250 to hire Brock as outside legal counsel. The actual cost of the probe has not been determined.

When asked if he believed the cost of the investigation was money well-spent, Ciraulo would not give a “yes” or “no” answer, but instead said it was money that had to be spent.

“I think the public deserved an answer to the accusations that were posed, and I thought it was a wise decision,” he said. “There was no choice.”

Zandamela, however, said he does not believe the probe was a good use of taxpayer money and wants the findings released to the public.

“We spent $23,000. I think the people deserve to know, whatever the case may be,” he said.

The Columbian asked the city Tuesday to cite specific state statutes allowing the city to keep the information privileged. The city has not yet provided that information.

At a meeting last month, Ciraulo said the city needed to continue the investigation, despite the price tag, to assure the public that the council had nothing to hide. On Tuesday, Ciraulo acknowledged some people may see the council keeping the findings confidential as hiding information but insisted that is not the case.

Reinhold also supported keeping the information confidential.

“There’s certain things that could damage folks,” he said. “And you don’t want to damage folks. There’s been enough of that already.”

Ciraulo and Reinhold said completing the investigation will allow the city council to focus its attention on other issues.

“I think this is the next step of the healing process for the city, for the council,” Ciraulo said. “I know the majority of the council is committed to move forward from this point and serve the citizens in the best way possible.”

But Zandamela does not believe the council is acting in a way that will allow the city to move on.

“Moving forward is not about burying the past or pretending nothing ever happened. Moving forward is not about hiding behind a press release cropped by (public relations) firms,” he said. “Moving forward is about telling the truth.”

Zandamela said the council needs to recognize its mistakes and make amends.

“One of those things is bringing back Chief McDaniel,” he said. “That’s moving forward.”

Brock also reviewed state law and city ordinances and policies that could potentially be used as a basis for legal action or prosecution of someone who might have leaked information. The city’s governmental manual requires all information in executive session to be kept confidential but states only the city council and city manager can enforce the rules. In regard to state law, only one isolated provision exists prohibiting disclosure of confidential information, but it does not define “confidential information” or specify a penalty.