peterholmes2.jpg
Seattle Mayor Mike McGinn's office blasted City Attorney Pete Holmes (pictured) for violating attorney-client privilege by going behind the mayor's back in dealings with the monitor in charge of overseeing police reforms, according to an email obtained by KIRO Radio. (AP file/Elaine Thompson)

Seattle City Attorney won't step aside in police dealings

BY Brandi Kruse  on February 26, 2013 @ 2:50 pm (Updated: 5:47 pm - 2/27/13 )

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After being accused of ethical violations by Seattle Mayor Mike McGinn, Seattle City Attorney Pete Holmes has refused to stop representing the city in ongoing negotiations with the Department of Justice.

In an email sent Tuesday afternoon, McGinn's office blasted City Attorney Pete Holmes for violating attorney-client privilege on multiple occasions by going behind the mayor's back in dealings with the monitor in charge of overseeing police reforms.

In the email, which was written by a member of the mayor's legal counsel at his direction, Holmes is accused of violating ethical standards by sharing privileged information with Merrick Bobb, who was brought in as a consultant after a Department of Justice investigation found that Seattle police have a pattern of using excessive force.

"Your letter of today discloses a document that was transmitted to you in confidence, and uses it to undermine your client's position," the mayor's office wrote in the email, which was provided to KIRO Radio by a source that works for the city.

The document in question was a proposed monitoring plan prepared by Seattle Police Chief John Diaz.

In the email, the mayor's office goes on to say that Holmes removed the words "attorney-client privilege" from the document and sent it to Merrick Bobb as an "alternate statement of the framework for setting specific goals and requirements for the Plan."

"It appears that you are actively undercutting your client's objectives in this matter," the mayor's office went on to say. "Again, you didn't consult with anyone in the Executive before taking this action."

The mayor's office also questioned why Holmes reached an agreement with the Department of Justice Monday to extend the deadline to submit a proposed monitoring plan.

The settlement agreement between the city and the DOJ required that the monitor submit a proposed plan within 120 days of his appointment on October 30, 2012. The City Attorney's Office reached a joint agreement with the DOJ Monday to extend Bobb's deadline by 10 days, to March 7.

According to the email from the mayor's office, that was done without the city's permission.

"Executive branch departments are entitled to have legal representatives who respect confidentiality and represent their interests," the mayor's office wrote.

The mayor proposed an "ethical screen," which would force Holmes to hand duties related to police reforms off to an assistant city attorney and screen him off from any confidential information related to those reforms.

A spokesperson for the city attorney released the following statement in response to the mayor's request.

City Attorney Pete Holmes will not screen himself from representing the City in this case. The City Charter gives the City Attorney supervisory control of all litigation and, although the City has entered a consent decree with the U.S. Department of Justice, this remains a pending lawsuit under the supervision of a federal judge. Mr. Holmes has violated no client confidences or breached any ethical obligations to his client, the City of Seattle.

Last week, KIRO Radio reported on a pointed letter Merrick Bobb sent to the city. Bobb told the city he was "humiliated" after he and his team were questioned about expenses they billed to taxpayers. The expenses included alcohol, alcohol-related items, expensive meals and a $35 Egyptian cotton pillowcase.

Brandi Kruse, KIRO Radio Reporter
Brandi Kruse is a reporter for KIRO Radio who is as spontaneous and adventurous in her free time as she is on the job. Brandi arrived at KIRO Radio in March 2011 and has already collected three regional Edward R. Murrow awards for her reporting.
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Comments (15)


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  • jstumbo wrote...
    any other attorney would be fired.
    February 26, 2013 4:17 pm
    But I guess that does not apply to city attorneys?
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Burn_Notice wrote...
    Wrong....
    February 27, 2013 1:31 pm
    From the website of the Seattle City Attorney -"The City Attorney, as an elected official, is accountable to the people of Seattle. As your City Attorney, I take this responsibility to heart and strive to ensure that my office always represents the public's interest.

    Nowhere in there does it state he reports to the Mayor, nor serves at the discretion of Mayor McCheesehead. So as such, just WHO is the client? The denizens of Seattle. Rob Mckenna didn't always fall in line with Gov. Gregoire either especially on Obamacare.

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • boeingmarcus wrote...
    KIRO sources in the mayor's office.
    February 27, 2013 4:26 pm
    It's clear Brandi has a "source" in the Mayor's office which is probably McGinn himself. What kind of city are we running that the mayor hands out private emails the like they're press releases. And what kind of a reporter are you that you not only publish the details but then waste time talking on all the day on the radio about it. Your big under cover investigation Brandi uncovered pillow cases and dinners. I think you're generally a good reporter but you've become too reliant on your city hall source who is coloring the otherwise good work you do.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Hectic wrote...
    What a mess
    February 26, 2013 4:40 pm
    I wish we could just fire everyone who works for the city, (including the elected officials) and just start over. Employees could reapply, but the standards would need to be a lot higher next time around.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Mike Hunt wrote...
    Why is there no headline story about this slimeball Bobb??
    February 26, 2013 4:52 pm
    He seems to the the person obviously violating the law -evidently to feed his alcoholism
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Galilix wrote...
    If it really bothers you Seattle...
    February 26, 2013 5:57 pm
    That your politicians are corrupt, then do something about it. RCW governs rights and responsibilities of lawyers in Washington, and this conduct amounts to a violation of state law that is more than grounds to get Peter Holmes disbarred. File grievances against Peter Holmes with the state bar association disciplinary counsel for his actions to undermine and give away the trust of your city to a man who bought 200 dollar dinners and booze on your dime... If it really bothers you Seattle, it's time to do something about it.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • murr wrote...
    Ahhhh the whole city system works like this
    February 27, 2013 3:30 am
    Including the person spouting his mouth in this article. Its the goverment way, they are not accountable or productive at all. Its a playgroung for them on the tax payers backs.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Country_Dog wrote...
    My first thought was that
    February 27, 2013 5:22 am
    he didn't ride his bike to work or carpool, but I guess there are some things still worse than that in Seattle.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Country_Dog wrote...
    And aren't all layers,
    February 27, 2013 5:24 am
    including all mayors,

    natually in violation of ethical standards just because of who they are?

    McGinn's idiocy is an assault on ethical standards. Throw 'em all in jail.

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • dori monson fan wrote...
    mayor
    February 27, 2013 10:45 am
    McDisfunctionn
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Pete in Seattle wrote...
    Does privilege apply....
    February 27, 2013 11:55 am
    to matters that should be public record? If the client is the city but there are sunshine laws then hiding something behind privilege is a lot of evidence that something is wrong and needs to be corrected.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • HLC wrote...
    The attorney screwed up.
    February 27, 2013 12:05 pm
    He should have hired one of McGrinsalot bike buddies for an overpaid do nothing job. Then he would have been cool.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • { "Thumbs Up":"1","Thumbs Down":"-1" }