Dec. 15, 2023: A King County Superior Court judge today dismissed a lawsuit filed by former city councilman Ramiro Valderrama alleging Public Records Act violations.
The judge granted a Summary Judgment motion by the city and denied a competing motion by Valderrama. The case was slated to go to trial in March, but a Summary Judgment means there was enough evidence to conclude the case based on information already filed with the court. The ruling is a sweeping victory for the city and a crushing defeat for Valderrama.
Ramiro Valderrama
In ruling for the city and against Valderrama, Judge Paul Crisalli concluded that several pieces of Valderrama’s testimony, declarations, and depositions he obtained were based on hearsay and speculation.
A political and legal saga, the PRR case was started by Valderrama against the city and several council members almost two years ago.
Superior Court Judge Paul Crisalli’s order:
Exonerates former Mayor Christie Malchow, former council member Ken Gamblin and council member Kent Treen of wrongdoing.
Ends a host of conspiracy theories advanced by Valderrama since late 2021.
Found that certain depositions and testimony were based on hearsay and speculation.
Valderrama filed his lawsuit after engaging in a year-long public campaign in which he accused Malchow 26 times during city council meetings in 2022 of breaking the public records law. Valderrama, who coined his accusations “Malchowgate”, did not present evidence during these meetings to back his accusations.
June 17, 2022: The 40-page summary of the ethics probe into former Sammamish City Manager Dave Rudat has been released to Sammamish Comment, pursuant to a public records request.
The release does not include all data, facts, and findings and it includes redactions for specific legal advice and certain names.
After months of debate, the City Council finally voted 4-3 to release the investigation reports of former city manager David Rudat.
May 17, 2022: The Sammamish City Council voted 4-3 tonight to release “all reports, facts and findings,” subject to redactions of names of minors and city staff, of the investigation of former City Manager David Rudat.
Voting in favor were Council Members Pam Stuart, who made the motion, Amy Lam, Karen Howe, and Deputy Mayor Kali Clark. Opposing were Mayor Christie Malchow and Members Karen Moran and Kent Treen.
There are two reports: one is 44-pages, and the other is an 88-page report. The City previously refused all Public Records Requests for these reports, citing attorney-client privilege. The council vote overrides this position. Doing so drew objections from Moran, who said the Council should follow the attorney’s advice to keep the reports confidential.
Stuart said releasing the reports provides transparency for open government, which is good government and shines a light on government. “We cannot put this issue squarely behind us and move forward…until this information is put forward,” Stuart said.
Moran said the Council should reject calls from the public to release the reports because doing so could lead to potential litigation. “When you take an oath for the city, you take an oath to protect the city,” she said. It is not in the best interest of the city to release the reports, she added. Stuart said releasing the reports will lift a cloud hanging over the city. Moran rejected this.
“This cloud exists because you talk it up,” she said. “If you don’t talk about it, it doesn’t exist. If you put it out there, then I hope they come after people personally,” Moran said.
Lam supported releasing the reports so people will understand why the city “separated” from the former city manager, David Rudat. The city agreed to pay him $300,000 plus benefits to go away. “Any council member who doesn’t support its release doesn’t support transparency,” Lam said. “They are motivated by their own self-interests under the guise of protecting the city.”
“I don’t know if this is going to put this behind us because [citizens] will interpret this as they will. That part isn’t our job. Our part is to be transparent and live with the consequences. I apologize to the public that we have not released the reports sooner,” said Howe.
Malchow said the city previously released the summary of what is in the work product. “I think the details of it are largely private conversations between two citizens. I don’t think it does anything to release it to the citizens, so I will vote against it.”
Moran responded to Lam, “To say that someone doesn’t value transparency is offensive and very childish, frankly. When you sit in this seat, your job is to make tough decisions. We’ve been advised not to do it. It will set a precedent.”
Stephanie Rudat to submit her own documents
Stephanie Rudat, the daughter of David Rudat, told the Council during Public Comment that the investigation was biased and that she was denied the ability to present her own evidence by one of the investigating attorneys. She said she has information, What’s App texts and data that will show Malchow and other council members shared information that was not included in the report. Rudat vowed to submit detailed information to the City Council on May 18.
April 20, 2022: A petition for a protective order filed by Stephanie Rudat in King County District Court against Sammamish Comment editor Miki Mullor was dismissed today.
March 29, 2022: The Sammamish City Council is meeting tonight for a special meeting. Council Member Karen Howe may reintroduce her motion for the release—to council members—of the “report” concerning the ethics investigation of City Manager David Rudat. This is the opportune time for the City Council to vote to waive the attorney-client privilege of the Rudat ethics investigation reports—both of them
Rudat and the city council agreed March 1 that he would resign effective March 31. A golden parachute of an estimated $300,000 was provided in exchange for Rudat’s releasing all claims against the city.
At the end of the March 15 council meeting, Howe moved to have an unredacted copy of the “report” provided to each council member. She asked that the copies be numbered. Before the motion could be voted on, Mayor Christie Malchow noted that the meeting ran long and procedurally, a vote was required to extend it. A vote to extend the meeting by 10 minutes failed on a 3-3 vote, with Malchow voting against it. The move effectively buried Howe’s motion.
Sammamish Comment 