COMPLAINT TO CITY CLERK CRAWFORD

March 15 letter to Blaine City Clerk:

Dear Blaine City Clerk Samuel Crawford,

On March 12, 2026, I attempted to make a police report about alleged misconduct by Blaine officials and city administration through the Whatcom County Sheriff’s Office regarding the March 9, 2026 adoption of Ordinance 26-3043, the downtown Interim Zoning Control Ordinance. I was advised that the Sheriff’s Office would not take the report and that the City of Blaine has an internal process through the city clerk or city manager. Since Blaine City Manager Mike Harmon is a party to the alleged government misconduct described, I am contacting you.

This complaint is submitted as a supplemental and escalated priority misconduct complaint, building directly upon the formal complaint submitted to the Department of Justice and Attorney General on June 14, 2025 (see attached), which alleged criminal conflicts of interest, public record manipulation, and procurement fraud in connection with Blaine Ordinance 25-3028 (Urban Mixed-Use Rezoning). 

Because City Attorney Peter Ruffatto and CSD Law are named parties in the prior investigation, and these allegations concern Blaine officials and administration, Blaine cannot be relied upon to act impartially. I therefore request that you as city clerk refer this matter to the Whatcom County Prosecuting Attorney, and copy the Washington Attorney General, for independent review outside the City of Blaine.  As a professional courtesy, I attach my complaint to the Whatcom County Prosecutor and Washington Attorney General.

II. THE NEW VIOLATION; ORDINANCE 26-3043 (MARCH 9, 2026)

On March 9, 2026, the Blaine City Council voted 5-1-1 to approve Ordinance 26-3043, an Interim Zoning Control Ordinance that, effective March 16, 2026: 

 Eliminated building height restrictions in the downtown zoning district; 

 Suspended design review requirements for downtown development; 

 Eliminated minimum parking requirements downtown; and 

 Was enacted on a one-year term with a public hearing notice 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 all commercial properties located within the affected downtown zoning district. 

III. CONFLICT OF INTEREST COUNCILMEMBER SARBIE BAINS 

Councilmember Sarbie Bains (At-Large, Position 7) voted in favor of Ordinance 26-3043. Councilmember Bains owns and operates Blaine Bouquets, a commercial business located at 633 Peace Portal Drive, Blaine, WA 98230, within the downtown zoning district directly affected by Ordinance 26-3043. The ordinance's 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. 

Furthermore, it is alleged that Councilmember Bains' spouse (Gurdeep Bains) owns multiple real properties (see attached) located within or immediately adjacent to the downtown zoning district affected by Ordinance 26-3043, further compounding the financial conflict of interest. The properties based on the Whatcom County Assessor map parcels for the downtown area are shown in Image I 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

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.

This conflict mirrors the documented pattern from the 2025 Complaint, where Planning Commissioner Sam Randhawa voted to rezone the UMU district in which he held a direct real estate agency relationship, and the property was listed for $2.7 million a 328.8% markup within 27 days of his vote.  

IV. APPLICABLE LAW AND RULES VIOLATED 

A. RCW 42.23.070: Prohibited Acts 

RCW 42.23.070 prohibits municipal officers from: "(1) Using his or her position to secure special privileges or exemptions for himself, herself, or others…" 

By voting to eliminate downtown development restrictions that directly benefit the commercial and real property she and her spouse hold in the affected zone, Councilmember Bains used her official position to secure a special privilege, increased development potential and market value for her own financial benefit. This constitutes self-inurement under Washington law.  

B. RCW 42.36: Appearance of Fairness Doctrine 

The targeted elimination of restrictions within a specific geographic zone, with immediate and documentable financial benefit to an identifiable property owner who is also the voting official, invokes the Appearance of Fairness Doctrine regardless of whether the city classified the action as legislative. City Attorney Ruffatto explicitly warned all Blaine officials on February 21, 2025: "for direct financial conflicts, recusal is not a cure" and the conflict "simply cannot coexist with public office." The controlling precedent City of Raymond v. State Auditor (1998) holds that such violations render the decision void ab initio and require forfeiture of office, regardless of good faith or intent. 

C. Blaine City Council Rules of Procedure: Rules 22 and 29 

Rule 22 requires a councilmember with a conflict of interest to: (1) disclose the conflict on the record before any discussion; (2) recuse; and (3) leave the chambers. 

Rule 29 (Appearance of Fairness) mandates disqualification where a councilmember holds a monetary interest in the outcome or has ownership of property in the vicinity. Councilmember Bains satisfied both grounds and took none of the required steps.  

V. PATTERN OF CONDUCT AND PROSECUTOR INACTION 

This is not an isolated incident. The attached June 14, 2025 complaint documented the following alleged violations:

Sam Randhawa, Blaine Planning Commissioner / Realtor: conflict of interest, failure to recuse, false declaration RCW 42.23.030, 42.36, 42.20.040.

 

Alex Wenger CDS Director: felony injury to public record, records manipulation, and procurement fraud RCW 40.16.010, 42.23.030/.070, 42.20.080, 39.04.280 

Ali Taysi, City consultant: Dual agency without disclosure, aiding misconduct RCW 9A.08.020, 18.86.030/.060 

VI. REQUESTED ACTIONS 

I respectfully request that your office: 

1. Investigate whether Councilmember Sarbie Bains' vote on Ordinance 26-3043 on March 9, 2026, constitutes a criminal or civil violation of RCW 42.23.070, RCW 42.36, and related provisions of Chapter 42.23 RCW; 

2. Determine whether the knowing, undisclosed nature of the conflict that Councilmember Bains voted with knowledge that she and her family would receive a direct financial benefit from the elimination of downtown development restrictions supports criminal referral or civil enforcement; 

3. Declare Ordinance 26-3043 void or voidable under RCW 42.23 and RCW 42.36, consistent with City of Raymond v. State Auditor (1998); 

4. Investigate the broader pattern of self-dealing described in the June 14, 2025, Complaint, as the March 9, 2026 vote by Councilmember Bains is consistent with and amplifies that documented pattern; 

5. Address the Prosecutor's Non-Response by requesting that the Whatcom County Prosecutor's Office explain its disposition of the June 14, 2025 complaint, or appoint a Special Deputy Prosecutor from outside Whatcom County given the institutional conflicts; and 

6. Mandate Ethics Reform: Compel the City of Blaine to adopt and enforce a comprehensive Code of Ethics with mandatory disclosure, recusal, and disciplinary procedures.  

I appreciate your urgent attention. The Blaine City Council's recurring pattern of voting on zoning matters in which officials hold undisclosed financial interests, combined with systematic suppression of public participation and manipulation of public records represents a serious and ongoing threat to the integrity of local governance in the City of Blaine, Washington. 

I respectfully request written confirmation of receipt and a status update within ten (10) business days. 

Respectfully submitted,

Jay Taber