FACT CHECKING CITY HALL

An overall theme related to the vital community service and extensive volunteer work of Blaine Water Coalition 2023-2025 is that Blaine citizens want to see ethical and transparent government officials working for the citizens of Blaine. Fact checking anything the city spokesperson or city council members say is basic. Sadly, The Northern Light newspaper has knowingly neglected to do this, routinely publishing Blaine City Manager Mike Harmon's comments verbatim without fact checking.

The below account by Blaine Water Coalition spokesman Otto Pointer is one example in a well-documented pattern of retaliatory behavior by city officials when citizens seek transparency, accountability and compliance with state environmental laws.

(Regarding Blaine's Stormwater Violations & Benzene Risk to Waters of the United States, Drayton Harbor-BLAINE WATER COALITION NOTICE OF INTENT TO SUE)

Background:

I raised concerns with the DOE in two separate letters (February 24, 2025 – Part 1 -the MTCA benzene plume; and March 4, 2025 – Part 2 stormwater) –  see below

Both letters relate to contamination at the Chevron 91122 DOE cleanup site and its proximity to the City of Blaine's Downtown Revitalization project. These concerns were based on a Hazardous Materials report prepared by GeoEngineers for the City of Blaine, dated November 28, 2023, which identified a carcinogenic benzene plume that had not been fully remediated.

In the February 28, 2025 response from Tom Buroker of the DOE  to my first letter (Part 1), Tom explicitly confirmed: "We do agree with the recommendation in the HazMat report - developing a CMMP is appropriate for the City project in the areas of the right of way that are part of the cleanup site." The DOE subsequently required the City to implement "extraordinary preventative measures" costing $50,683.00.  These measures were outlined in documents such as the "Blaine Downtown Contaminated Media Management Plan (CMMP)" (dated April 22, 2025) and "Blaine Downtown Supplemental SWPPP Measures - Updated" (dated April 3, 2025).

City Manager Harmon's Public Accusations: In a "Request for Council Action" (RFCA) dated May 12, 2025, City Manager Mike Harmon sought approval for Change Order #1 to cover costs associated with these DOE-mandated measures ($50,683.00). In this official public document, Mr. Harmon stated: "The notice filed by Mr. Baker contained various misstatements, false allegations, and disinformation, as evidenced by law and in a recent hearing examiner decision." He further stated that "Despite the disinformation presented by Mr. Baker... the state of Washington, acting out of an abundance of caution, is requiring the City to take extraordinary preventative measures..."

Contradiction: Mr. Harmon's characterization of my notice as containing "false allegations, and disinformation" appears to be directly contradicted. The DOE not only found the concerns I raised (based on the City's own HazMat report) valid enough to require "extraordinary preventative measures" and associated costs, but had also, as mentioned earlier, explicitly agreed with the HazMat report's recommendation for a CMMP. The DOE's actions and direct communications underscore the legitimacy of the issues brought to their attention.

Media Amplification and Forced Correction: The Northern Light published an article quoting Harmon's unsubstantiated claims without report fact checking. An article in The Northern Light on May 15, 2025, titled "Council questions downtown revitalization in light of budget concerns," quoted Mr. Harmon making allegations of "false allegations" and "disinformation." Following this, I submitted a letter to the editor of The Northern Light, which was published on May 29, 2025, alongside a "Clarification" from the newspaper. This Clarification acknowledged that their article "stated that Mr. Pointer had voiced concern that there 'could be' toxic plumes under Hill’s Chevron gas station. In fact, Mr. Pointer was definitive in saying that 'there is a toxic plume adjacent to the Chevron gas station according to the City’s Hazmat study and the DOE’s hazardous waste site.'"

Complete Absence of Supporting Evidence:  When I submitted a public records request seeking any evidence supporting Harmon's accusations, Deputy City Clerk Naomi Soulard confirmed on May 30, 2025, that the city "provided all communications used by Mr. Harmon in drafting the aforementioned RFCA" and that "The PRA does not require the city to provide records that do not exist." The city was unable to provide any evidence supporting Harmon's public allegations of "misstatements, false allegations, and disinformation."

Harmon's Unsubstantiated Public Attack as a Result of DOE Compliance Actions

Mr. Harmon's decision to publicly label my evidence-based notification to a state regulatory agency as "false allegations, and disinformation" in an official City Council document, especially when the DOE's actions affirmed the legitimacy of the underlying concerns, is deeply troubling. Such actions by a city official could be interpreted as an attempt to discredit and retaliate against a citizen for bringing forward valid environmental safety issues. Harmon’s conduct is inconsistent with how we taxpayers and citizens expect municipal officers to serve their community faithfully and refrain from retaliatory actions against citizens engaging in lawful notification to state agencies. Harmon's conduct violates multiple codes and statutes:

  • RCW 42.23.070(1) - Prohibited use of public office to discredit legitimate regulatory oversight
  • Blaine Municipal Code Rule 7 - Decorum requirements prohibiting personal attacks and slanderous remarks in official documents
  • Blaine Ethics Code violations of "Fair and Equitable Treatment," "Impartiality and Respect," and "Accountability"

Pattern of Official Retaliation

The documentary evidence reveals a clear sequence: legitimate environmental concerns validated by state regulators, followed by public attacks by the city manager using official channels, followed by complete inability to provide evidence supporting those attacks when challenged through legal process.

Harmon's decision to publicly attack a citizen's evidence-based regulatory notification - when the DOE's own actions and $50,683 in mandated measures confirmed the legitimacy of those concerns - represents official misconduct designed to chill citizen oversight.

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