Originally published June 8 2012
On May 11th 2012 there was an altercation between a local business owner and one of Oak Harbor’s City Council members Joel Servatius. (One has to ask why this was not reported in our local newspaper as it has been brought to their attention.)
UPDATE 6-23-2012: The Whidbey News Times has now reported on this story, to view the Whidbey News Times article and read Councilman Servatius’s side of the story click the link below.
http://www.whidbeynewstimes.com/news/160066215.html
This altercation started when one of our city council members parked his car in a parking lot that was posted no parking and restricted to visitors of the business. Parking has been an ongoing problem for this business owner and when he saw the car being parked he approached the owner of the vehicle to inform him that this parking area is posted with tow away signs and he would appreciate him not parking and leaving his car in his parking lot.
Mr. Servatius told the business owner that “I will park wherever and whenever I damm well choose” and “you don’t know who you are messing with” thinking the business owner would make an exception because he was an Oak Harbor City Council member…
The business owners’ objections resulted in the council member using degrading profanity and vulgar name calling causing the business owner to call the Sheriffs office for protection because he felt personally threatened by Mr. Servatius. The business owner was so troubled by this council member’s attitude that he filed a trespass claim against him with the Island County Sheriffs office. He filed for and obtained a Trespass Admonishment against him that forbids this council member from entering or remaining on the subject’s property.
To make matters even worse, Council member Mr. Sevatius then called the county to make sure that the business was licensed, he also contacted the Sheriffs office in an attempt to squash the charges which culminated in the deputy returning to the complainants business encouraging him to drop the charges because the person who the complaint was filed against was an Oak Harbor City Council member. This is as close to abuse of power under color of authority as it gets folks, nothing like being wrong, getting caught, and then using your power and position to attempt to cover up an embarrassing issue that you yourself created.
Oak Harbor does have a code of conduct that employees agree to follow by signing their oath of office. The exact wording of this code can be found under Policy 103- Ethics, Section, 1 (a) and 1 (d), this section of the employee policy states the following:
Policy 103- Ethics
1- The City of Oak Harbor is committed to conducting business and relating to others with integrity, including citizens, customers, suppliers, community and employees. The highest standards of ethical business conduct are required of City of Oak Harbor employees in the performance of their responsibilities. Employees will not engage in conduct or activity that may raise questions as to the City’s honesty, impartiality, reputation or otherwise cause embarrassment to the City. Employees will avoid any action, whether or not specifically prohibited in the personnel policies, which might result in or reasonably be expected to create an appearance of:
a- Using public office or public position for private gain.
d- Diminishing the confidence of the public in the integrity of the City of Oak Harbor.
This whole issue was brought to the City Council special meeting last Thursday 6-7-2012. Documentation and proof was offered to the council but the city Council seemed unmoved by the charges documented by the sheriff’s office and apparently no further action or investigation was brought forth by any of the Council Members. Nothing like protecting one of your own eh?
Mr. Servatius is not an elected member of the Oak Harbor City council, he was appointed to this position by the members of the Council to fill the seat vacated by the new Mayor. It is the City Councils responsibility to police their own especially those that were appointed by the council itself and not voted in by the citizens of this community. Mr. Servatius demands respect from people but his actions show he will not give any respect in return. Someone needs to inform Mr. Servatius that respect is earned, not given.
Mr. Servatius owes a public apology to not only the business owner but to every citizen and business owner in Oak Harbor. He has definitely lost any trust and respect he had. As integrity is a prime ingredient of being in public service if Mr. Servatius refuses to make amends all actions available need to be taken to remove this person from the City Council of Oak Harbor. If the council should choose not to take action against one of their own it would be understood that they condone these actions. It makes one wonder that if this council member is not held accountable to the citizens what other actions and violations by council members is the council is covering up?
We need to end the attitude that many of our elected (or appointed) City servants have that allow them to run roughshod over the citizens. Our past Mayor bullied a local merchant and took a sign from his window without permission and even went as far as having the Chief of Police who is under his direct control threaten the merchant with prosecution. This is just another example of a select group of people in Oak Harbor that have no respect for the people they govern and this behavior must end, the voters must be informed and these people removed from office as the previous Mayor was.
Sources, documentation and references:
Sheriffs Complaint by business owner
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Servatius is also the City Council member who “proposed a rule banning people from wearing hats at council meetings, saying it was a matter of respect”, “interrupted the meeting at one point in an attempt to stop an audience member from videotaping”, and “proposed that the council vote with a show of hands, noting that it can be difficult to keep score with voice votes”.
That’s all delineated here: http://www.whidbeynewstimes.com/news/146446205.html
When I read all that about him back in early April, I kinda’ thought Servatius to be amazingly ignorant of what goes on at City Council meetings and perhaps a bit of a control freak. Now, I tend to think he’s ignorant of a great deal more than for what I originally gave him credit and he’s also more than a bit out-of-control.
My feeling: the City Council erred in Servatius’ appointment.
My suspicion: the Whidbey News Times is purposely covering this up. Maybe they will prove me wrong, but I doubt it.
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What is sad is all of these rules and regulation proposed by him are only taking away from the people’s business.
Oak Harbor needs to move forward with some new ideas, we have an employment base here that is great for those who want to work in public service, city, county, state or military but private sector? We have nothing except minimum wage retail or service industry jobs that are historically the lowest paying.
For way too long Oak Harbor has concentrated on retail, large box stores and tourism as their tax base and as the primary source of employment for it’s residents. This condemms residents to the lowest paying sector of the job market.
Oak Harbor needs to move forward and concentrate on higher paying employment for it’s residents. We have a short 60 miles away one of the highest concentration of high paying, clean, technology based jobs in the world and we are settling for low pay service industry jobs for our residents.
Oak Harbor is a great place to live but a horrible place to raise a family. By living here we are condemming our children by having very few trades available here and no future for your children if they should choose to stay here close to family.
It is time the focus of Oak Harbor is shifted from looking for a retail tax base for the city coffers and look towards getting software development, industry and manufacturing companies to look at the benefits we have available here.
We need to have a ban on new retail box stores and development until the city can develop other industries to help the citizens and the citizens children lead lives that are not tied to sole source service based emplyment.
Whidbey Island is a nice place to raise a family but after those children are raised they have to leave the Island to find gainfull emplyment which is not conducive to keeping your family here on the island…
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Cliff, I totally agree. The entire island has focused for 25 year on the opposite kind of jobs than what they should focus on.
We’re creating more and more poverty and crime related to poverty and lack of jobs. No wonder law enforcement needs more money.
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I am thinking Island County wanting/needing more $$ for law enforcement has as much or maybe even more to do with who is running Island County at present. That is, the proposed sales tax hike for law enforcement is not actually needed.
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It has been longer than that. I left here in 1973 directly after leaving high school because there was nothing here, no future that is. If I had not left, learned how to gain a trade and had a few doses of success I would be either dead or addicted to who knows what if I stayed here.
Whidbey Island is one of the toughest places I have ever seen to get ahead. We live in one of the most beautiful places on earth but have handicapped ourselves from having a future here.
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And that MUST change.
JOBS are critically important, and a welcome attitude towards the businesses that create jobs.
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It will be very hard to convince any company to move or open on WhIdbey Island untill the road conditions improve from here to I5.
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Please be specific as to which road conditions you are alluding? Reason I ask is: my recollection is that WSDOT just completed a major road upgrade to Highway 20 between Deception Pass and I-5. Also, Wal Mart, K-Mart, Home Depot, the US Navy, Safeway, Albertsons, etc….seem to be able to function with the current roads we already have.
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The way I understand it is major companies want free acces to a main interstate. As I,m sure you realize the current road condition of hwy 20 between the bridge and sharps corner is a very busy two lane road and any large trucks add to the slow ups and congestion. If they were transform the road to four lanes the they would great increase the chances of getting major manufacturing company to locate on the island. Or they could build a bridge between northern Camino Island and WhIdbey.
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So now we’ve gone from your point being about “any company” to “major companies” to “major manufacturing”, and from being about lanes on Highway 20 to being about “a bridge between northern Camano Island and Whidbey”….
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We don’t need anymore traffic or population on Whidbey. If you want a congested and crime riddled community like Mt Vernon, then move there!
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Robert, are you a working person, or retired?
I don’t mean to be disrespectful, but families need jobs. We already have the crime. Perhaps crime is due to lack of jobs and opportunity.
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Mike-crime is directly related to population density. We don’t need the extra population.
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Robert,
I don’t know how long you have lived on the island or how old you are. All I can tell you is that the “extra population” you speak about is already here…along with the increased crime rate.
No one is asking for more people to come to the Island. No one is asking for more residential developments to add any increase in people. What we are asking for is that the city look towards increasing the number higher paying businesses in our community so that we and our children can have better pay and better quality of life.
You don’t have a choice now for any high paying jobs unless you work for the city, county, state or military.
Would you rather work for Home Depot, WalMart or Kmart at minimum wage or would you rather have a chance at working for a high paying job working for a software developer? Or maybe a small manufacturing company? With a pay scale considerably higher than minimum wage?
We live in an unususal place. Tons of housing, housing developments and people but no jobs that pay much higher than minimum wage.
Would you rather see the homes in Oak Harbor and surroundings occupied by those that are struggling to exist at minimum wages and government assistance or those that have decent paying jobs?
And how do you think a better quality of life and higher wages will effect the crime rate VS minimum wages and government assistance?
Just a few points for you to ponder…
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I disagree. Have you driven the new highway between Oak Harbor and I-5? Whoo-hoo, it’s a dandy.
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Wonder if Oak Harbor City Council member Joel Servatius would like to gamble that he could beat a recall from office rather than make a public apology to not only the business owner but to every citizen and business owner in Oak Harbor.
His Narcissistic Personality Disorder, is demonstrated with his arrogant behavior, a lack of empathy for other people, and a need for admiration-all of which must be consistently evident at work and in relationships. People who are narcissistic are frequently described as cocky, self-centered, manipulative, and demanding. Narcissists may concentrate on unlikely personal outcomes (e.g., fame) and may be convinced that they deserve special treatment.
Servatius doesn’t need the OH council members job; he needs professional Psychiatric treatmentOR, he’ll soon be facing a recall…
RCW 29A.56.110
Whenever any legal voter of the state or of any political subdivision thereof, either individually or on behalf of an organization, desires to demand the recall and discharge of any elective public officer of the state or of such political subdivision, as the case may be, under the provisions of sections 33 and 34 of Article 1 of the Constitution, the voter shall prepare a charge, reciting that such officer…
has committed an act or acts of malfeasance, or an act or acts of misfeasance while in office,
or has violated the oath of office,.
or has been guilty of any two or more of the acts specified in the Constitution as grounds for recall, i.e.,(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.
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How does that work if the person is not elected but appointed by the council as a replacement to an open seat?
Are they still eligible for a recall election?
This sounds like a question only a lawyer could answer :)
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Jim –
You raise a question about removal of a councilmember who was appointed to fill a vacancy on the council. Once a citizen has been appointed to fill a vacancy on the council, then that person fully assumes the role of a councilmember with all of the same rights and status as any of the councilmembers who were elected to the position.
This means that the other councilmembers may not vote to remove him or her from the council even though it was the votes of the councilmembers that originally made the appointment. The only way to remove that person before the next election would be through the recall process.
I hope this provides some guidance on this issue.
Pat Mason
Senior Legal Consultant
Municipal Research and Services Center of Washington
2601 Fourth Avenue, Suite 800
Seattle, WA 98121-1280
(206) 625-1300
pmason@mrsc.org
http://www.mrsc.org-
Thank you for the clarification Jim.
And thanks for abstaining from the vote on limiting public comment that was held during the same meeting. At least we can have confidence in one of our Council members even though it may be only until the election.
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Impressive Jim. Thank you for going to MRSC and getting this clarification, I wish more of our elected leaders were so responsive.
You rock.
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Mike,
I could not agree with you more. I do wish that Mr. Servatius would take note of Mr. Campbell’s interest and concern with the citizens he serves, and do likewise. Mr. Campbell is a shinning example of what an elected public servant should be doing. Mayor Dudley showed the same interest and concern when he was a counsel person prior to this election as mayor.
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His behavior is rude and inexcuseable, he should resign.
What is the RCW regarding whether the City Council has any authority over potentially removing Mr. Servatius from public office?
I don’t think the Council has that authority is my point.
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Interesting question, as, since he is not actually an elected official, but one that was appointed by the City Council, it would seem strange that they should have the power to place him in office but not the power to remove him from office while he is still an appointee.
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I think that you are correct in saying that the council does not have that power. BUT they should have.
I do not believe there is even a process for complaints against a council person, they are, after elected, next to impossible to remove from office by either the council or administration. I am not even sure that a recall is possible because Mr. Servatius was appointed as a replacement for the Mayor when he resigned his seat on the council and he was not voted in by the people.
What can happen though is the council demanding that he make a public apology. Of course Mr. Servatius can just ignore that request at his own peril.
This is why it is important to let the voters know about issues like this one. Voters have the choice of terminating his council membership shall he decide to run during the next election. I would also go as far as saying that any council member that does not address this publically and ask for him to make an apology should also be removed from his/her seat when up for reelection. After all it is our city council that appoionted him which was obviously a bad judgement call on their part.
While the council may not have the power to remove or punish him they do have the power to publically admonish him for not following the ethics guidelines and let the people decide has fate at the next election.
If no action is taken by the council they are doing nothing more than condoning his actions and it does make you wonder what else the council is covering up to protect the good old boys in this city. He obviously has an “in” with the other council members or he would not have been appointed so it is time for them to step up and use their “good old boy” power to publically take care of this issue.
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What ever happened to the notion of the humble public servant? Where did this “Better than you attitude” come from? True colors are shown! This is just one example of the rats’ nest that exists in our town government. My opinion is that the Mayor should continue do his house cleaning. It is his right and more heads need to roll. We can clean house, too. Exercise your right to vote next election and cull out the click of undesirable council members. Citizens, we did the right thing when we elected Scott Dudley, now continue to do the right thing and clean up the City Council. Elect the ones that work with the citizens and for the betterment of our fair city.
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Well said skeeter. I believe the good ol boys of Oak Harbor government need to hit the road.
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Who are the good ol boys of Oak Harbor? Please clarify.
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What a sad commentary for the City of Oak Harbor. We were slapped with a big black eye when another city official stormed into an Oak Harbor business and willfully and without regard to the owner, removed property that did not belong to him. To make the matter worse, the City Official then called the Oak Harbor police chief to intimidate and threaten the store owner. NOW, what do we have? Another City Official conducting himself in a manner and to the extent that the Sheriff had to be called for the protection of the business owner. Folks, this Official, Mr. Servatius specifically, not only showed grave disrespect to the business owner, by the use of profanity and vulgar name calling, HE BROKE THE LAW!!! How long are we as citizens going to allow this kind of behavior? No man is above the law, and when you hold a position of public trust as an elected or appointed Official, you are called to a higher standard of performance. How easy would it have been for Joel Servatius, (once he was notified of his error by the business owner), to quickly and humbly apologize to the business owner for his error, and move to a permitted parking area. But NO, he had to act like a bully. Is Joel so full of himself that he thinks that he has the right to show such disrespect to the citizens he was appointed to serve, and to thumb his nose at the law? Then going further and attempt to use his status as a City Official to intimidate this citizen with retaliation!! I guess the question Mr. Servatius needs to ask himself…Do I
want to be reelected?” If he answers yes, then he better make some quick and drastic changes to his behavior or it will never happen.“MAN UP” Joel, and do the right thing. YOU not only violated this cities Oath of Office, YOU violated the LAW, and further, with the greatest of disrespect to your fellow man, YOU violated the TRUST of every business owner and citizen of Oak Harbor. I ask you a question, “do you have an understanding of the GOLDEN RULE?” It is “Do unto others as you would have them do unto you”…not do to others first because you think you are a big shot!!
Seriously Folks, we’ve got a problem in this city. It is not going away by sticking our heads in the sand. Remember if you do that, your backside is still exposed. Mr. Servatius needs to be seriously chastised and removed from office. Do the right thing Joel, save the city some money, and RESIGN!!!
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I understand that the business owner that was so disrespected by Counselman Servatius has been contacted by WNT. I can’t wait to see the article. I expect that it will be just more of the same coverup for the City Counsel as it always has been, and a disregard to the citizens. Whatever happened to “Truth in Reporting”?
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Is this like the ‘vast right wing conspiracy’ h. clinton talked about? Be specific on how the paper has been a cover up for the council. And Russ, who is this business/person that was so hurt by Servatius? No names appear in any of these comments.
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Dick Insider
Go to Cliff’s article that started this list of comments. I think most of your questions will be answered there or via the “Sources, documentation and references:” at the end of his article which included this:http://www.islandpolitics.org/wp-content/uploads/2012/06/Complaint.pdf
There still has never been action taken by City, any publications etc re this complaint and all of the supporting documentation that was presented to the City Council
Legally there’s not much the City Council can do now that they approved him as a Cith council member…we are stuck with that ego driven power hungry guy unless the citizens decide to recall him…,see how at this article for more info
http://www.islandpolitics.org/?p=4535#more-4535 -
you saw this incident?
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I and many others talked to the owner of the business directly. The owner of the business was at the city council meeting when a concerned citizen made his complaint to the council about the incident and was ignored by the council. His effort to give the council the documentation of this event was met with silence from the council.
Directly after this article was published I personally emailed Councilman Servatius with the content of the article and included the content of the article and a link to the article on the internet.
Mr. Servatius did not contact us. He had the opportunity to comment here on the website or contact us with his side of the story but did not do so. He saw fit to email his story to the Whidbey News Times and his lawyer but we did not recieve a copy of this email from him.
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This account of the “altercation” is written as if the author was a witness to the event – “Mr. Servatius told the business owner that “I will park wherever and whenever I damm well choose” and “you don’t know who you are messing with” thinking the business owner would make an exception because he was an Oak Harbor City Council member…” – which, certainly is a gross misrepresentation by the author. Even the business owner stated that the councilman never suggested that he was a councilman – the business owner had no idea. This story is somewhat fabricated, as is most of what is on this website. I’ll remind you facts are proven truths – this story is mostly absent of those. It appears that the politics of “Island Politics” are underhanded and misguided – and focused on character assassination of anyone who does not agree with the postings herein. Cheers!
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The quotes are direct quotes from the business owner. I never stated anywhere in the article that this was witnessed by me and that is why the article states:
“Mr. Servatius told the business owner”
and
“The business owner”
Did you read that part? Or did you conveniently ignore them?The business owner did not have “any idea” until the Sheriff asked him to drop the charges because he was an Oak Harbor councilman. It was Mr Servatius’s statements that appear that he was expecting special treatment when he stated “you don’t know who you are messing with” and that was the statement that was referred to. The following statement was made in reference to Mr Servatius’s statement above “thinking the business owner would make an exception because he was an Oak Harbor City Council member” was not what the business owner thought but apparently what Mr Servatius thought. Othewise why would he have made the statement?
You can rant and rave about how we are “underhanded and misguided” and focused on “character assassination” all you want. But it does seem that it is you that is engaging in character assination because you do not agree what was posted here.
This would have never been reported by the WNT even after a concerned citizen spoke at 2 different council meetings one with the business owner present if we had not posted our article. We were contacted by the same concerned citizen and that is what lead us to talk to the business owner and post this article.
Mr. Servatius was notified that the article was posted and sent the text of the article and a link to the article online and he chose not to respond until several weeks later and then only to the WNT and his lawyer.
It would have been very easy for Mr Servatius to end this before it got to the point it has. Even if the business owner was in the wrong Mr Servatius could have easily ended all of this by apologizing to the business owner for the situation getting out of control without him admitting guilt, he IS a public figure remember? A representative of our city right?. Remember it was Mr Servatius that started this by parking a car in a posted lot.
He had the opportunity to make an apology, shake hands and move on no matter who was in the right or in the wrong after the council meeting where the citizen made his complaint and the business owner was present but he chose not to do so. That would be the proper thing for someone who is a representative of our city to do no matter who started what when. Cheers to you too!
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Mr. Servatius had seven month affair with my wife very recently. This guy has zero class and should be removed from office. If I were Celine, I would check his phone records in 2011 and see who he is texting or his secret email accounts he has created in order to keep his secret life.
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