PORT ANGELES — Clallam County commissioners have formally apologized to Prosecuting Attorney Mark Nichols for public comments made after Nichols filed a lawsuit against the county treasurer.
Nichols accepted the board’s apology and expressed a desire for Clallam County “to get back to the business of government.”
The Prosecuting Attorney’s Office filed a lawsuit for declaratory relief and petition for writ of mandamus against Treasurer Selinda Barkhuis on March 31 after an executive session with the board.
The civil action was filed to encourage Barkhuis to fulfil a Nov. 25 public records request from the Peninsula Daily News.
When Barkhuis objected at an April 4 work session, Commissioner Mike Chapman said the board never authorized the lawsuit.
Chapman said he was “offended” that the case had been filed without the board’s concurrence.
Surprised by action
Commissioner Mark Ozias said he, too, was surprised by the legal action and “would have appreciated hearing from the prosecuting attorney beforehand.”
The complaint was dismissed April 5 with prejudice, meaning it cannot be refiled.
Ozias then convened a series of meetings with Nichols and Barkhuis to resolve the issue out of court.
In an April 11 work session, Nichols said he and others who worked on the case had been “effectively hucked under the bus in public” by commissioners the week before.
“That was undeserved, frankly,” Nichols said.
Apology
Ozias apologized to Nichols and Civil Deputy Prosecuting Attorneys Kristina Nelson-Gross and Brian Wendt in the April 11 work session.
All three commissioners signed a Tuesday letter to Nichols to clear the air.
“We discussed in executive session the recommendation of filing a declaratory action in Superior Court as a means of ensuring full, complete and accurate compliance with the Public Records Act,” the letter states.
“In open session, the board authorized you to pursue the recommended action discussed.
“Subsequent to the filing of the declaratory action, on April 4 the board chose to pursue a different strategy, one not involving the initiation of a lawsuit, and requested that you file an order for dismissal of the declaratory action,” commissioners continued.
“You immediately complied with our request. We wish to formally apologize to you and your staff for any public comments which may have unintentionally impugned your professional integrity.”
Nichols provided an electronic copy of the letter and a response in a Thursday email to the PDN.
“I appreciate the board taking the initiative to set the record straight,” Nichols wrote.
“It was an upstanding but necessary move given that the board’s recent remarks created the impression that it was the prosecutor and not the board acting on behalf of the county that authorized the filing of the recently filed and subsequently dismissed declaratory judgments action.
“I further accept the board’s apology,” Nichols continued.
“At this point I am interested in having Clallam County get back to the business of government, the focus of which must remain on the continued provision of service to the people of Clallam County.”
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Reporter Rob Ollikainen can be reached at 360-452-2345, ext. 56450, or at rollikainen@peninsuladailynews.com.