LYNNWOOD—Lynnwood City Council Vice President Julieta Altamirano-Crosby has officially resigned from her council duties effective January 6, one day prior to her taking the oath to be sworn in as the new District 2 Snohomish County PUD Commissioner.
Lynnwood City Council Vice President Altamirano-Crosby won a seat as Snohomish County PUD Commissioner last General Election in November with 53 percent of the County vote and 61.67 percent of the Lynnwood City vote. Questions then surfaced by fellow Councilman Josh Binda on whether Altamirano-Crosby could hold both elected seats according to Lynnwood’s Municipal Code and state statute.
Binda, in a December 9 City Council Meeting accused Altamirano-Crosby’s husband of funding his recall effort. In January of 2023 an ethics investigation was launched on Binda regarding him using city email and property to promote his inspirational speaking company, of which he profited thousands. The ethics board found merit in that complaint and Binda subsequently accepted a settlement agreement.
In the letter of resignation addressed to Lynnwood residents, Altamirano-Crosby stated that she was advised that that she “could serve in both capacities” as a commissioner and councilmember and is resigning “from a place of deep conviction rooted in professionalism, service, duty, and a commitment to responsibility.”
“I have always said, I will leave on my terms and that day has now come,” wrote Council Vice President Altamirano-Crosby. “Resigning from my Council position is what is best for the voters who elected me to this City Council position, and to the position on the PUD.”
She summarized the last five years of accomplishments serving on the Lynnwood City Council and looks forward bringing, “the values of honesty, integrity, and transparency” to her new role as Snohomish County PUD Commissioner.
“The seat I am vacating is not just a position an elected official holds—it belongs to you. It has been an honor to serve you, and I hope that whomever [sic] is selected to hold Position 5 will continue to serve as a channel for your hopes and dreams,” wrote Council Vice President Altamirano-Crosby.
On Tuesday, May 7,2024, beloved Councilwoman Shirley Sutton resigned from the council, effective immediately. In an email sent to the Lynnwood Times from former Councilwoman Shirley Sutton, she shared that a driving force leading to her decision to resign from the city council, was the “total lack of leadership in the Administration.”
Sutton expressed her disappointment in the council not following through with a “Full Financial Audit” and “personnel issues.”
No where in Altamirano-Crosby’s resignation letter did she echo any of Sutton’s concerns, however, since her Snohomish County PUD win in November, Precinct Committee Officers of the 32nd Legislative District Democrats, and their allies, have been very vocal, pressuring Altamirano-Crosby to resign, no doubt seeing this as a political opportunity.
Four of the seven city council members were endorsed by the 32nd Legislative District Democrats when they last ran for Lynnwood City Council.
To read Vice President Julieta Altamirano-Crosby’s full letter of resignation from Lynnwood City Council in its entirety, click here.
A doctrine, an LMC restriction, and a possible lawsuit
Lynnwood City Council’s meeting got heated December 9, regarding Council Vice President Julieta Altamirano-Crosby’s recent election win as a Snohomish County PUD Commissioner and whether holding both seats could be a potential conflict of interest Councilman Josh Binda alleged.
During the meeting’s new business segment Councilman Joshua Binda made a motion that the city consult an independent attorney with the Washington Attorney General’s Office to determine whether a City Council position could be compatible with a Snohomish County PUD Commissioner position.
After two minutes of awkward silence, newly appointed Councilwoman Almaderica “Derica” Escamilla seconded Binda’s motion.
According to the Municipal Research and Services Center (MRSC), “The Doctrine of Incompatible Offices is a common law doctrine, which means that it is not based on a statute passed by the state legislature. Instead, it originates from Kennett v. Levine, a 1957 decision of the Washington Supreme Court, which held that “it has been long and universally recognized that no one should hold incompatible public offices.”
Under Kennett, there is a two-part test to determine whether the Doctrine of Incompatible Offices applies:
- Does an individual simultaneously hold more than one “public office?”
- If so, are the public offices “incompatible” with one another?
The key to successfully applying the test is to know what positions are “public offices” and when public offices are “incompatible” with one another.
When the state Attorney General’s Office (AGO) has been asked to weigh in on incompatible offices in the past for other jurisdictions, it has concluded that elected positions are “public offices.” Both the Snohomish County PUD Commissioner and the Lynnwood City Council positions are elected positions; therefore, both will be considered “public offices.”
To apply the second test which is that of incompatibility of the two offices, one office must be a is subordinate to the other or when both offices present conflicting loyalties to the duties of the office. The latter was the primary argument by Councilman Binda.
According to the MRSC, a State Legislator position is compatible with a county elected position—such as Snohomish County Councilmen Sam Low and Strom Peterson—and a public utility district commissioner. From the data provided, there was no opinion has ever been given by the Attorney General’s Office for a city councilmember and a Public utility district commissioner. A county council member, city council member and a state legislator all represent the legislative body.
However, according to the MRSC, a mayor—a city executive—is incompatible to serve as a county commissioner or port commissioner.
According to documentation provided to the Lynnwood Times by the city of Lynnwood, since 2022, there were only three instances the city of Lynnwood engaged in contracts with Snohomish County PUD totaling approximately $2 million:
- June 2024: Authorize the Mayor to enter a contract of a Property Agreement and Stormwater Easement with the Snohomish County Public Utility District No. 1 for the Poplar Way Extension Bridge project for an amount of $300,550.
- August 2023: Authorize the Mayor to enter a contract for a power pole relocation for $338,000
- March 2023: Authorize the Mayor to amendment to an interlocal agreement cost increase from $1,150,000 to $1,393,229
Prior to running for the PUD Commissioner seat, Altamirano-Crosby consulted with City Attorney Lisa Marshall to see if the two positions could be held simultaneously and was informed she could and that both offices were compatible. However, a December 12, 2024, email obtained by the Lynnwood Times between Council President George Hurst and Snohomish PUD Chief Legal Officer Colin Willenbrock said otherwise.
“I will say that I had great introductory conversations with both Ms. Lisa Marshall and Dr. Altamirano-Crosby where I briefly shared with them the opinion of my office that the two public offices (PUD commissioner and City councilmember) are likely incompatible. But it is incumbent upon the governing bodies of the PUD and the City to independently evaluate the question and decide how best to move forward,” Willenbrock wrote in the December 12 email, three days after the final Lynnwood City Council meeting of the year.
The email was initiated by Council President Hurst to Willenbrock and included the city of Lynnwood Attorney Lisa Marshall, Allison Morrison of the Snohomish PUD, John Haarlow, CEO/General Manager of Snohomish PUD, and PUD Commissioner Sid Logan. Lynnwood Council Vice President Altamirano-Crosby, who the matter concerned, nor Lynnwood Mayor Christine Frizzell were not included in the email.
In his email to PUD Chief Legal Officer Colin Willenbrock, Hurst had “concerns about waiting to take up this matter until the City Council’s January 6th meeting” and suggested a Special Meeting be called in December to address the test of The Doctrine of Incompatible Offices.
“I assume the current PUD commissioner’s term ends on12/31/2024. Does this issue of incompatible office need to be resolved by the end of the year? If so, the City Council will have to meet in a special session since there are no other scheduled Council meetings in 2024,” Hurst wrote.
In June of 2024, Hurst approached Altamirano-Crosby regarding the incompatibility of offices which she shared was cleared by the city attorney weeks earlier. Then in July, Altamirano-Crosby was informed of a Lynnwood Municipal Code that restricted holding multiple offices. She has stated publicly that she was not aware of the code, nor did the city attorney inform her of the restriction.
According the Lynnwood Municipal Code 2.04.060, “No elective officer or councilmember of the city of Lynnwood shall hold any other office, federal, state, county or municipal, except in the National Guard or any branch of the United States military or as a notary public; provided, this chapter shall not prohibit any Lynnwood elective officer or councilmember from holding a position on any municipal or quasi-municipal agency as part of that office holder’s duties and responsibilities to the Lynnwood office so held.”
In August, Altamirano-Crosby requested Hurst to put the item regarding the LMC restriction of holding two offices on the agenda to be discussed by the council, but it never happened.
Hurst informed the Lynnwood Times that he didn’t place it on the agenda because he felt it may be perceived as unethical by the public because it may appear that the council would change the code just because Altamirano-Crosby was running to hold multiple elected positions.
The council was to discuss at its first meeting of the year on January 6, the LMC qualifications to hold elected office but with Altamirano-Crosby’s resignation Monday evening, the issue is now moot.
Because the City’s attorney has stated publicly that it was her professional opinion that the offices of the Lynnwood City Council is compatible with Snohomish PUD for which Councilwoman Altamirano-Crosby based her decision to run, the Lynnwood Times reached out to both the City and Council Vice President Altamirano-Crosby, inquiring if there could be legal action against the City if a judge were to rule that both offices are incompatible.
Nathan MacDonald, spokesman for the city of Lynnwood wrote in an email to the Lynnwood Times, “I can’t speak to hypotheticals around lawsuits or any legal standings an elected official would or would not have in that situation.”
He did confirm that The Doctrine of Incompatible Offices is not self-enforcing, which means that there are no penalties. A court would have to determine that an individual is simultaneously holding two or more public offices that are incompatible with one another.
Also, MacDonald continued, that regardless of what is written in the Lynnwood Municipal Code regarding holding multiple offices, there is no action the City Council or City of Lynnwood could do to remove a seated councilmember short of a recall effort by the citizens.
Altamirano-Crosby did not respond to our request for comment.
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Author: Mario Lotmore
One Response
She did what was financially best for her she will accept the PUD position and decline the county council position as PUD position pays significantly more.. Bologne she did what she thought what was best for the community or she never would have tried to take on 2 separate positions.