Formal Complaint to SAO

 ----- Forwarded Message -----

From: ottopointer@aol.com <ottopointer@aol.com>
To: Sadie.Armijo@sao.wa.gov <sadie.armijo@sao.wa.gov>; Rick.Talbert@sao.wa.gov <rick.talbert@sao.wa.gov>
Cc: Michael Harmon <mharmon@cityofblaine.com>; "heidi.wiley@sao.wa.gov" <heidi.wiley@sao.wa.gov>; "megan.reichlin@sao.wa.gov" <megan.reichlin@sao.wa.gov>; "elizabeth.corcoran@sao.wa.gov" <elizabeth.corcoran@sao.wa.gov>; Deena.Garza@sao.wa.gov <deena.garza@sao.wa.gov>; "wendy.choy@sao.wa.gov" <wendy.choy@sao.wa.gov>; "kelly.collins@sao.wa.gov" <kelly.collins@sao.wa.gov>; "pat.mccarthy@sao.wa.gov" <pat.mccarthy@sao.wa.gov>; CArmerding@cityofblaine.com <carmerding@cityofblaine.com>; Planning Commission <blainepc@cityofblaine.com>; jspidle@cityofblaine.com <jspidle@cityofblaine.com>; msteward@cityofblaine.com <msteward@cityofblaine.com>; Phil Olbrechts <olbrechtslaw@gmail.com>; Samuel Crawford <scrawford@cityofblaine.com>
Sent: Friday, June 13, 2025 at 07:11:13 PM PDT
Subject: Formal Complaint – Unlawful Conduct and Legal Violations by City of Blaine Officials – Request for State SAO Investigation

Dear Sadie and Rick, 

I am requesting intake of this complaint for the SAO special investigations unit. I copied your local audit team as I had met with Kelly to introduce our citizen volunteer work in transparency and compliance at the City of Blaine. This citizen investigation is one of several as we review city practices. The city did not respond to our previous written notice of ethics concerns.

We are notifying both federal and state authorities given the serious nature of these ongoing, alleged violations. 

We also note that the City of Blaine's Errors and Omissions policy for municipal officers is likely at risk of coverage denial in the event that claims are filed for breach of duty of care and other ethical violations documented herein.
 
The attached formal complaint presents documented evidence of systematic violations of Washington State ethics laws, procurement regulations, and federal statutes by City of Blaine officials, including a Planning Commissioner who voted on zoning changes that directly increases his personal real estate commission. 

Attachments:
1. Complaint for federal and state authority investigation
2. Appendices (Exhibits and evidence)
3. March 13, 2025 Planning Commission Hearing Recommendations & Minutes (prepared by CDS Director Alex Wenger, signed by Commissioner Armerding)
4. City of Blaine Ordinance -  NO. 25-3028
5. SEPA appeal for UMU submitted by Blaine Water Coalition (financial hardship request denied as "incomplete" by Mike  Beck, adjunct to Alex Wenger, Community Development Services, City of Blaine, WA)


Summary:

This complaint is submitted on behalf of the Blaine Water Coalition regarding violations of state law, specifically the Municipal Ethics Act (RCW 42.23), focusing on prohibited contract interest, and the Appearance of Fairness Doctrine (RCW 42.36), in connection with the City’s recent Urban Mixed-Use (UMU) rezoning action. This action implicates the overlap between ethics and law and our analysis is highly fact-dependent. 

1.      Sam Randhawa, Planning Commissioner and real estate agent, whose direct financial interest in properties increased from an official assessed value of $629,639 to a market listing price of $2,700,000 (a 328.8% markup), representing a potential realtor commission of $67,500 (compared to $15,741 on assessed value) within 30 days of his vote on the UMU rezone. 

2.      Alex Wenger, Director of CDS Planning (City of Blaine), authorized payments of $1,846.50 to Ali Taysi (AVT Consulting) to help rewrite City zoning laws in a manner that favored the financial interests of developers Mr. Taysi simultaneously represented. Mr. Wenger violated competitive procurement requirements under RCW 39.04 and city policy. Wenger failed to solicit competitive bids, document a sole source justification, or disclose the conflict of interest, in violation of RCW 42.23 and MRSC procurement standards.

3.      Mr. Wenger intentionally sanitized and omitted key public comments during the public hearing including Department of Ecology 2024 Western Washington Stormwater requirements and critical protections under CRA (Critical Resource Area – next to salmon running Dakota Creek) for the same property, from meeting minutes before the City Council vote on Ordinance 25-3028.

All three parties—Randhawa, Wenger, and Taysi—failed to disclose their conflicts of interest when asked directly by the Planning Commission Chair Armerding.

SUMMARY  TABLE OF ALEGED LEGAL VIOLATIONS AND POTENTIAL CHARGES

Party

Legal Status

Alleged Violations

Applicable Laws

Sam Randhawa

Realtor, Planning Commission

Conflict of interest, failure to recuse, false declaration

RCW 42.23.030, RCW 42.36, RCW 42.20.040

Alex Wenger

Public official

Misconduct, public records manipulation, conflict of interest, procurement violation, willful disobeyance of law

RCW 42.23.030, RCW 42.23.070, RCW 42.20.080, RCW 39.04.280, 18 U.S.C. §1346 (federal)

Ali Taysi

Private consultant

Dual agency without disclosure, aiding misconduct, possible fraud

RCW 9A.08.020, RCW 18.86.030/.060, 18 U.S.C. §1346 (federal)


Please read the attached complaint and supplementary documents.  Please confirm receipt of this notification and documents. We look forward to your response. 


Sincerely, 
Otto Pointer, Alias Submitted under Anti-SLAPP
Blaine Water Coalition

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