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LYNNWOOD—Lynnwood City Council’s meeting got heated Monday, 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 alleges.

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.

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 garnering some question whether she could hold both elected seats according to Lynnwood’s Municipal Code and state statute.

Altamirano-Crosby does not officially swear in to her new role as PUD Commissioner until January 2025, but she has expressed in previous meetings, as well as to the public, that she plans to hold both positions when that time comes.

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.”

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.

Councilman Binda spoke to his motion explaining that he just wanted to confirm if there are legal grounds to Altamirano-Crosby holding both seats just to ensure a “fair and equitable” due process.

Councilman Patrick Decker asked Binda what the cost to the city would be, but he could not provide an answer. Decker further made the point that the city already pays for a City Attorney for legal counsel, who already weighed in on the matter, and that costing the city more money to seek Attorney General legal counsel, particularly during a tight budget season when there is expected to be a budget shortfall, could be unreasonable.

Two weeks ago, Decker moved to appeal an ordinance that would amend the Lynnwood Municipal Code’s language regarding criteria of holding a City Council seat to which Binda opposed.

City Attorney Marshall spoke with legal counsel at the Snohomish County PUD further on the matter since the last meeting. She mentioned that there could be potential issues, relating to permitting specifically, but both recognized “it was not within our power to dictate to our boards what they should do,” she said.

Marshall continued that she has no problem with Binda’s motion to assign the case to the Attorney General’s Office and even agreed that their determination could clarify the compatibility issue for a lot of people.

Council Vice President Altamirano-Crosby spoke to Binda’s motion accusing him of “bullying and harassing” her for years before stating that Binda’s motion is “trying to prohibit the ability to serve the constituents in Lynnwood.”

“This seat does not belong to Julieta. This seat belongs to the community who voted for me. So, you can do whatever you want to, you can call a recall if you want to, but yet I’m not going until the constituents come together and say, ‘yes I’m leaving,’” said Council Vice President Altamirano-Crosby. “But I’m tired of your bullying and I’m silent most of the time.”

Councilman Binda replied to Altamirano-Crosby’s comment as deserving of an “Oscar,” stating that it “is not bullying” it’s just “following the process and rules.”

“If I remember correctly, you all came against me on the ethics investigation and tried to throw an actual recall and had your husband actually fund the recall, I think that’s actually bullying, so let’s actually get things straight,” said Binda. “You guys know that if this went to the AG’s Office it would be deemed incompatible that’s why you tried to pull what you did the other time…what are you so worried about if you’re following the code? Don’t pull that Oscar bullying stuff because we both know I’ve been bullied on this council more than anyone.”

In January of last year 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 off of. The ethics board found merit in that complaint and Binda subsequently accepted a settlement agreement.

Altamirano-Crosby argued that she’s not “afraid of anything”, her priorities are simply to serve her community.

In response to a comment made by Councilwoman Derica Escamilla’s regarding how Altamirano-Crosby should have gone to the AG’s Office herself to clarify if the two positions would be compatible, Altamirano-Crosby continued that she did her due diligence by getting the go-ahead from City Attorney Marshall and that she was the first City Council member to suggest the topic be placed on the agenda.

Council President George Hurst, who still has two agendas left to draft, noted that he has no problem bringing this topic up in Council’s next Work Session in January, preferably with both the City Attorney and PUD Attorney present to advise City Council.

Councilman Decker noted that Lynnwood Mayor Christine Frizzell, while serving as Mayor, also serves or has served on the board of Snohomish County Tomorrow, the Link light rail, Community Transit, Fire Commission, and the Economic Alliance. Decker also mentioned that he, too, served on the board of Snohomish County Tomorrow but found it odd that there was never a mention of conflict of interest when clearly there were several times, voting on Lynnwood-related issues, that it could be deemed so.

“Yours [referring to Mayor Frizzell] are obviously closer to your duties as Mayor, I understand that, but having a Council member serving on Snohomish County Tomorrow certainly would offer the potential for some conflict in that space,” said Decker. “It’s interesting that there weren’t any issues on conflict there.”

Decker made a motion to amend Binda’s motion to ask the city to conduct a study to identify the cost, timeline, and level of effort to remit this to the Attorney General’s Office.

Decker also reminded Councilman Binda that he was found guilty of ethics violations, admitted to being guilty of ethics violations, and as part of that settlement agreed that neither he nor the Council, would bring up the findings or the results during public proceedings.

“I let it go last week but you did it again. You are in violation of your agreement for the ethics findings. I think that merits consideration of this council to remit that back to the ethics board to determine if you are in further violation of your agreement,” said Decker. “I fought for you, like nobody else has fought for you on this council for you to have a fair review of your actions.”

Councilman Binda rolled his eyes at Decker’s comments.

Decker also noted that the public overwhelmingly voted for Vice President Altamirano-Crosby to serve on the Lynnwood City Council with 62.95 percent of the vote and, again, overwhelmingly voted for her to serve on the PUD Commission knowing that she already served on Council. He said it would be remiss of the council to ignore the “clear will” of the people of Lynnwood and Snohomish County at large.

“It seems that Councilman Binda has chosen to use the law to override what the citizens of Lynnwood and Snohomish County has chosen. The law is the law, and we will follow the law it just seems sad that the democratic vote is going to be overridden by an individual’s overuse of law for their agenda,” said Decker.

Binda responded to this comment, somewhat irritated, stating that he’s not overusing the law he’s just “upholding the law” which has been in place before he was even born.

Councilman David Parshall, who had remained silent until this point, noted that he would not support Binda’s motion nor Binda’s motion as amended by Decker—calling to question but it failed due to lack of a second. Parshall also noted that Binda’s motion, and Decker’s amendment, could both be something council could consider with “clearer heads” at its upcoming Work Session and that they are not needing immediate action.

Binda’s motion, as amended by Councilman Decker, with an added date of Council’s January 6 Work Session, passed 6-1 with all but Councilman Parshall voting in favor. Binda’s original motion, as amended, then passed 5-2 with all but Council members Altamirano-Crosby and Parshall voting in favor.

Other business

In addition to the contentious New Business segment at Monday’s meeting, council read two proclamations recognizing International Migrant’s Day and Public Works Director Bill Franz who will be retiring shortly.

Council also approved the Scriber Creek Trail Phase 3 Construction Engineering contract, the Everett Link Extension Lynnwood Corridor Project Consulting Service, a grant/contract review of Health Care Authority professional service contract for the Reentry Demonstration Initiative Project within the Lynnwood City Jail, reappointed Caroline Judd-Herzfeldt to the Human Services Commission, and highlighted its 2024 Lynnwood State Legislative Agenda Priorities during its consent agenda.

Author: Kienan Briscoe