Port of Peninsula District Citizens

PO Box 162

Ocean Park, WA 98640

October 18, 2024

Phil Martin, Bill Derion, Chuck Mikkola

Commissioners

Port of Peninsula

3311 275th Street

Ocean Park, WA

October 18, 2024

We, the undersigned, as citizens of the Port of Peninsula District, call for the immediate resignations of Commission Chair Phil Martin and Commissioner Bill Derion.  You have both failed to uphold your oaths of office and have demonstrated, multiple times, to be unfit to continue to serve in this capacity.

You, (Martin and Derion), have participated in the mismanagement of port operations and administration by your willful failure to provide proper oversight of Port Director Jay Personius. 

You have refused to take the steps needed to correct past and ongoing mismanagement issues and failed to bring the port into full compliance with federal, state and county regulations.

You have refused to act in the port’s best interest by not immediately acknowledging and assuring the public (as a board acting as a whole body) that proper steps would be taken to address and correct the multiple findings in the recently completed SAO Accountability Audit Report (1-1-2021 to 12-31-2022).

Your refusal to ensure compliance with all administrative and operational factors involving the port has put tenants, customers and the port itself into financial jeopardy.

Additional items of concern (but not limited to) are the following: Note – Referenced RCWs may be found to apply…

Willful and repeated disregard of WA Open Public Meeting Act (Chapter 42.30 RCW)

Failure to properly provide for public comment. A violation of the First Amendment (United States Constitution – Bill of Rights) “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Chair Martin’s inability to conduct public meetings without prompts and direction from management

Disrespect of the public, fellow port commissioner(s) and elected and/or other public officials during meetings and other public situations

Consistently voting in a block of two against one, rather than striving for consensus 

Failure to provide and update keystone documents such as: Comprehensive Scheme of Harbor Improvements, Annual Operating & Capital Budget (on a timely basis as required by law), Delegation of Authority, Leasing Policies, Code of Ethics.

Failure to ensure that monthly financial statements are resumed for tenants and customers See Failure of Duty by a Public Officer RCW 42.20.100

Failure to ensure proper monthly Minutes are approved, signed and posted in a timely manner.

Signing back dated Minutes for years 2022, 2023 and partial 2024 that were not approved in a public meeting. In the years cited above, and despite many of the Minutes having been approved in public meetings and signed by three commissioners, the only signatures on the posted Minutes are yours (Martin and Derion).

Creating and signing Minutes for the August 27, 2024, Regular Public Meeting that were not approved of, or signed in a public meeting. This set of Minutes was sent to the County Treasurer with only your two signatures. Also, creating a Warrants approval document (Resolution 24-3), outside of proper (public and RCW) procedures and without the knowledge of fellow Commissioner Mikkola. This document, with a questionable signature (that of the commissioner who was not consulted) was sent to the County Treasurer. See False Report RCW 42.20.040

Not holding management accountable for over $300,000 uncollected revenue in 2022

Allowing and participating in the delay tactics impacting the recent SAO Accountability Audit (2021-2022), resulting in incomplete documents provided and significant audit cost overruns

Discrepancies in commissioner monthly salaries and per diem payroll.  Lack of transparency in these matters. See RCW 42.20.070

RCW 29A.56.100 clearly defines the following in reference to recall of an elected official –

(1) “Misfeasance” or “malfeasance” in office means any wrongful conduct that affects, interrupts, or interferes with the performance of official duty;

(a) Additionally, “misfeasance” in office means the performance of a duty in an improper manner; and

(b) Additionally, “malfeasance” in office means the commission of an unlawful act;

(2) “Violation of the oath of office” means the neglect or knowing failure by an elective public officer to perform faithfully a duty imposed by law.

Your actions fit these definitions. These actions have harmed the port and placed it in a precarious financial position.  

  

For these reasons, Commissioner Martin and Commissioner Derion, we request your immediate resignations.

___________________ ___________________

Ed Vesser Bonnie Cozby