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HomeMy WebLinkAbout09/01/2026 05. Distributed at the MeetingDistributed at Meeting: P '-0/-Z September 2, 2026 Yakima City Council, Fact 1: Mark Peterson sued the city of Yakima 14 years ago for Malicious Prosecution by the City of Yakima. Fact 2: On March 17, 2026, Mark Peterson won the trial by jury. Facts as I know them 3: On May 4, 2026 Vicki Baker, on behalf of herself and representing the City of Yakima, filed a Declaration in Superior Court against Mark Peterson and named all three of his attorneys, claiming that because Mark spoke in front of the city council in opposition to an appeal, she felt threatened and therefore wanted Mark's charges dropped (he had already won the jury trial) and financial consideration because of the suffering he caused her personally. The judge literally laughed at the charges and threw them out immediately. This little stunt by Ms. Baker and her minions at city legal cost Mark $10,000 in legal fees! It cost Vicki nothing because the taxpayers footed the bill for her. And suffering??? Who do you think has suffered the past 14 years? Financially and personally? This whole thing has cost Mark over $750,000 and it's still not over! Fact 4: On June 6, 2026, the Yakima City Council issued a press release from Communications & Public Affairs Director, Randy Beehler that stated, "The decision to appeal was not made by the City Council or City staff. The decision was made solely by CIAW." During the period between the verdict and the appeal, the council members had ample time to meet with Mark Peterson and try to understand his side of the story. Afterall, they had stated they would not be a party to the appeal. This would have been the perfect opportunity for council to familiarize themselves with the case and show support for their fellow citizen. Fact 5: On August 4, 2026 at 2:30pm, Sarah Watkins, the head of city legal, sent a memo to City Manager Vicki Baker, informing her that the response and declaration would be filed that afternoon in the Mark Peterson case. At 4:39pm, Baker sent a memo to All City Council members informing them that, "about an hour ago" the documents related to the appeal had been filed with the Court of Appeals. Keep in mind that August 4, 2026 was election day and most council members didn't see it until the next day, AND it was filed before council was notified. In summary, Sarah Watkins and Vicki Baker took it upon themselves to join CIAW in the appeal against Mark Peterson without the knowledge or consent of the Yakima City Council. Fact 6: By Yakima's own city charter, only the City Council is authorized to take such action. Fact 7: On August 6, 2026, Sue Fenich, through the City of Yakima's own website, emailed all Yakima City Council members asking for clarification as to why the City of Yakima, directed by Vicki Baker, joined the action to appeal when the council had never been given the opportunity to vote as to whether they approved of going forward with the action. And if the appeal was done solely by the insurance company, then why does Vicki Bakers' Declaration state, "the appeal proceeds with the city's authorization"? Fact 8: Council members Patricia Byers and Juliet Potrykus were the only members of the council to reply to my email. Byers offered to forward my request to City Manager Vicki Baker and City Attorney Sarah Watkins. Potrykus wrote that she couldn't comment. Fact 9: The Yakima City Council has taken no action against the city manager for overstepping her authority or done anything to reverse the appeal against Mark Peterson. Sue Fenich 1901 W Yakima Ave Yakima, WA 98902. sfenic:i ( n aii.corn 509-952-9117 City of Yakima Subject: Appeal of Lawsuit Verdict Contact: Communications & Public Affairs Director Randy Beehler — 509- 901-1142 Release Date: Friday, June 5th, 2026 Insurance Provider Determines Peterson Case Verdict will be Appealed Cities Insurance Association of Washington (CIAW) has determined an appeal of a jury verdict awarding Yakima resident Mark Peterson $480,000 in damages stemming from a case involving a fire inspection request by the City of Yakima in 2013 is necessary. CIAW, the City's insurance provider for this case, is responsible for paying the amount awarded in damages by a Yakima County Superior Court jury in mid -March of this year if the appeal is unsuccessful. The decision to appeal was not made by the City Council or City staff. The decision was made solely by CIAW. The City satisfied its $100,000 CIAW insurance policy deductible in 2019. Once the deductible was satisfied, all additional costs related to the case were borne by CIAW. According to the City's policy with CIAW, any decision to appeal a verdict is CIAW's to make. The case involves a 2013 request by City fire inspectors to inspect a business Peterson owned in Yakima. jpd•s uowipene pue lie 099601Z Kid From: Bcc: Subject: Pe appeal: Response + declaration Date: Tuesday, August Q4, 2026 4:3B:39 PM Attachments: Ids P Q lotf+Qn rp 5ia ia-eaLl;P,sii Doc"._�z,L iraoug,•0 Good afternoon Council, About an hour ago, this information was filed with the Court of Appeals. Some of you have expressed interest in reading documents related to this case, so they are attached. We will schedule an executive session if we have anything to report. Hope you enjoy a nice evening, Vicki � C j a er City Manager City of Yakima 129 N. 2nd Street Yakima, WA 98901 509-575-6040 From: Watkins, Sara <Sara.Watkins@YAKIMAWA.GOV> Sent: Tuesday, August 4, 2026 2:30 PM To: Baker, Vicki <Vicki.Baker@yakimawa.gov> Cc: Price, Catty <Cally.Price@yakimawa.gov>; Bleek, Ryan <Ryan.Bleek@YAKIMAWA.GOV> Subject: FW: Peterson appeal: Response + Declaration Hi Vicki — Here is the response and declaration that will be filed this afternoon in the Mark Peterson case if you would like to send it along to the City Council for their information. Thanks! Sincerely, Sara Watkins City Attomey City of Yakima Legal Department 200 South Third Street 2nd FI I Yakima WA 98901 P: 509.575.6030 I F: 509.575.6160 sara.watkins©yakimawa.9ov Privileged & Confidential: Covered by the Attomey-Client & Attomey Work Product Privileges Yakima City Charter Provisions bearing on authority over litigation: Council vs. City Manager. Text reproduced verbatim. Highlighting added. ARTICLE I — Name, Boundaries, Powers, Rights and Liabilities SECTION I. The people of the City of Yakima, within the boundaries as now established, or as hereafter established, shall continue to be the body politic and corporate by name of City of Yakima, and under that name shall. have perpetual succession; shall use a corporate seal; may sue and be sued; may acquire property within or without its boundaries for municipal purposes by purchase, gift, devise, lease, or condemnation, and may sell, lease, hold, manage and control such property as its interests may require, except that property purchased for park purposes shall be within the city limits; and except as prohibited by the constitution of the State of Washington, or restricted by this charter, the City of Yakima shall have all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever pertaining to cities of the first class within the State of Washington. TlTe pottver to sur .rft,J be sued is n corporate pccvver of the City. Article, 01, Section 4 determine where e it sits, ARTICLE II -° Officers: Council -Manager Form of Government SECTION 2. The Council shall constitute the legislative branch and authority of the City government and shall have power to adopt rules of order and regulations for the conduct of its business. SECTION 4. Except as otherwise provided in this charter, all powers of the City shall be vested in the Council. The Mayor and each member of the Council shall receive compensation as established by Ordinance. Members of the Council shall be qualified electors of the City and any member ceasing to possess any of the qualifications specified in general law or in this charter or convicted of crime involving moral turpitude while in office shall immediately forfeit his office. Rcsb1iicb powEr5 clause, Arty power not -r l e ly at. SECTION 6. The Council shall choose such employees of its own body, as it may deem necessary.. Employees of the Council shall not be chosen for a definite term but shall continue to serve during the pleasure of the Council. basis iaorCautict'tetctinin4 conrtsel of its own where Council and Martoser interests SECTION 9. The powers and duties of the City Manager shall be: (1) To have general supervision over the administrative affairs of the municipality; (2) To appoint and remove at any time all department heads, officers and employees of the City, except members of the Council, but the appointment and removal of those department heads, officers and employees who are subject to Civil Service or merit systems of the City of Yakima shall be pursuant to the Civil Service laws, rules and regulations of such City in existence at the effective date hereof: provided, that