ATTORNEY GENERAL TEMPLATE LETTER
CONTACT INFO
Nick Brown, Washington State Attorney General
1125 Washington Street SE, Olympia, WA 98501
publicintegrity@atg.wa.gov
Eric J. Richey, Whatcom County Prosecuting Attorney
Tom Seguine, Chief Civil Deputy Prosecuting Attorney
311 Grand Avenue, Suite 201, Bellingham, WA 98225
tseguine@co.whatcom.wa.us
To:
Attorney General Nick Brown
Office of the Attorney General
Attn: Criminal Justice Division / Appropriate Integrity Review Unit
1125 Washington Street SE
PO Box 40100
Olympia, WA 98504-0100
CC:
Tom Seguine, Civil Deputy Prosecutor, Whatcom County
Re: Request for Attorney General investigation, City of Blaine Ordinance 26-3043, self inurement and targeted private benefits for developer and councilmember
Dear Attorney General Brown:
I submit this complaint to request that the Office of the Attorney General investigate serious allegations of self inurement, self dealing, and targeted private benefits arising from the City of Blaine's adoption of Ordinance 26-3043 (Downtown Interim Zoning Ordinance) on March 9, 2026. I understand the AGO generally lacks original criminal jurisdiction and may prosecute only upon written request from a county prosecutor or the Governor; accordingly, I ask the AGO to (1) evaluate the facts for potential criminal and civil violations, (2) preserve the matter for action if a lawful referral is made, and (3) advise whether proactive engagement with the Whatcom County Prosecutor or Governor is warranted given the documented pattern of local non enforcement.
I. Core concern: use of office for private gain
This complaint does not ask the AGO to second guess housing policy or downtown revitalization in the abstract. The question is whether Blaine officials used legislative process and public resources to confer targeted private benefits on (a) a specific developer with pre existing projects "ready to go" and (b) a sitting councilmember with undisclosed financial interests in the deregulated zone, in violation of RCW 42.23.070 and related laws.
RCW 42.23.070(1) prohibits a municipal officer from using his or her official position "to secure special privileges or exemptions for himself, herself, or others." The facts summarized below indicate potential criminal misuse of office and self inurement, not merely technical ethics lapses.
II. Ordinance 26-3043 and its effects
On March 9, 2026, the Blaine City Council voted 5-1-1 to approve Ordinance 26-3043, an interim zoning control ordinance for the downtown zoning district. Effective March 16, 2026, the ordinance:
- Eliminated building height restrictions in the downtown zoning district
- Suspended design review requirements for downtown development
- Eliminated minimum parking requirements downtown
- Was enacted for a one year term following a public hearing notice reportedly published as late as March 5, 2026, only four days before the vote.
The removal of these development restrictions directly and materially increases the development potential and market value of commercial properties within the affected downtown district.
According to the City's RFCA and ordinance packet, the Community Development Services Department prepared the measure at the direction of the City Manager, framing it as an "economic stimulus" tool and a one year experiment in removing height, parking, and design constraints.
III. Targeted benefit to Councilmember Sarbie Bains (self inurement, self dealing)
Councilmember Sarbie Bains (At Large, Position 7) voted in favor of Ordinance 26-3043. She owns and operates Blaine Bouquets, a commercial business at 633 Peace Portal Drive, within the downtown zoning district directly affected by the ordinance. The elimination of height, design, and parking requirements in that corridor directly and materially increases the commercial development potential and real property value of her business location
Councilmember Bains' spouse, Gurdeep Bains, owns multiple real properties within or immediately adjacent to the affected downtown zone. Conflict of interest guidance treats spousal and immediate family property holdings as part of the official's own beneficial interest for purposes of RCW 42.23. Yet Councilmember Bains:
- Did not disclose these financial interests (her own or her spouse's) on the record before deliberations
- Did not recuse herself
- Did not leave the council chambers
- Knowingly voted in favor of legislation that directly and predictably benefits her family's financial interests.
The properties based on the Whatcom County Assessor map parcels for the downtown area are shown in Image 1 and the LLC listing for Washington (Image 2) conflict-of-interest guidance treats spousal and immediate family property holdings as part of the official's own beneficial interest for purposes of RCW 42.23.
Image 1:
Image 2: Spousal Properties “Gurdeep Bains”; Bains Holdings LLC
Councilmember Bains did not disclose these financial interests, either her own commercial property in the affected zone or her spouse's property interests, before deliberations or the vote. She did not recuse herself. She knowingly voted in favor of legislation that directly benefits her family's financial interests.
Under RCW 42.23.070(1), this is classic self inurement: using public office to secure a special privilege, in the form of increased development potential and property value, for oneself and one's spouse.
IV. Coordination with developer and tailoring of the ordinance
Public reporting and city documents show that Fifth Avenue Homes and its principal, Johannes van Leenen, were actively planning multi story downtown projects that would directly benefit from Ordinance 26-3043's temporary removal of height, parking, and design constraints. Fifth Avenue Homes was considering at least two six story mixed use buildings in downtown Blaine, and van Leenen publicly described the ordinance as enabling those projects to move forward as designed.
The Community Development Services RFCA indicates that City Manager Mike Harmon directed staff to study whether height and parking requirements were constraining development and to prepare an interim ordinance for the Central Business District. Taken together, these facts support a reasonable inference that:
- Mayor Mary Lou Steward and City Manager Mike Harmon pre coordinated with a specific developer regarding projects already "set to go"
- The interim ordinance was structured and timed to clear regulatory obstacles for those projects during a one year window
- A councilmember with undisclosed financial interests in the same corridor then cast a vote in favor of that ordinance.
If confirmed by meeting recordings, minutes, assessor and business records, and Public Records Act communications, this pattern reflects preferential treatment and improper coordination with private beneficiaries, not neutral policy making.
V. Washington State Auditor
The Washington State Auditor's Office Citizen Hotline states that land use matters are "outside our audit authority as defined by RCW 43.09" and that the matter was therefore closed. The Auditor's refusal to take jurisdiction, despite the serious conflicts and misuse of public authority alleged, underscores that there is currently no effective state level oversight addressing these issues through the audit process. As a result, the Attorney General's Office is the only remaining statewide body capable of evaluating these facts for potential criminal or civil enforcement.
In this context, independent review outside the City of Blaine and Whatcom County is the only viable enforcement path.
VI. Legal focus for AGO
Based on the above, I request review and investigation under at least the following authorities:
- RCW 42.23.070(1): prohibited acts by municipal officers, including using office to secure special privileges or exemptions for self or others (self inurement and self dealing)
- Chapter 42.23 RCW more broadly: conflicts of interest and misuse of office
- Any applicable official misconduct or misuse of public resources statutes (for directing staff and legislative process to produce a targeted benefit for one developer and one council member)
- Article VIII, Section 7 of the Washington Constitution (as a civil and constitutional concern): tailoring regulatory deregulation to confer aid and material benefit on identified private parties without corresponding public consideration.
VII. Requested actions
I respectfully request that the Attorney General's Office:
- Review this matter as a potential criminal and civil case of self inurement, self dealing, and misuse of public office under RCW 42.23.070 and related statutes, and preserve the complaint for action if a written referral is made by the Whatcom County Prosecutor or the Governor.
- Evaluate whether the documented pattern of non enforcement and institutional conflicts in Whatcom County warrants proactive engagement by the AGO with the Prosecutor or Governor regarding a potential criminal referral.
- Determine whether the facts warrant civil enforcement action under RCW 42.23, Article VIII Section 7, or other applicable law, including appropriate declaratory, injunctive, or other relief authorized by law.
- Advise whether any additional state agency or intake channel can lawfully address these allegations, given the State Auditor's refusal to assert audit authority and the lack of action by local prosecutors.
VIII. Materials available
Related materials to Councilmember Bains and Ordinance 26-3043:
- March 9, 2026 City Council agenda and ordinance packet (including the RFCA by Community Development Services Director Alex Wenger)
- Audio and video recording and minutes of the March 9, 2026 council meeting
- Public reporting (including The Northern Light's March 10, 2026 article) regarding Fifth Avenue Homes' projects and reliance on the interim ordinance
- Public Records Act responses, including any communications between the Mayor, City Manager, Community Development Services staff, Councilmember Bains, and Fifth Avenue Homes
I respectfully request written acknowledgment of receipt. In light of the local prosecutor's non response and the State Auditor's refusal to take jurisdiction, I ask your office to clearly state what, if any, enforcement or referral path is available so that these allegations of self dealing and misuse of public office can receive meaningful, independent scrutiny.
Respectfully submitted,
[Your name]
[Mailing address]
[Email]
[Phone]
[Date]
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