Nancy Williams attends Port of Shelton meeting

Port Commissioners Jay Hupp and Tom Wallitner deigned to censure Commissioner Jack Miles during this 09-21-10 meeting for his publicly posted criticism of Lt. Governor Brad Owens on a private blog run by a local resident.  Jack did this in his private capacity while identifying himself as a Port Commissioner who had committed himself to those he served, the public that elected him.

Commissioner/Chairman Jay Hupp elected to remove that effort from the meeting agenda (impromptu sua sponte without a motion) because, he opined, there’d been too much controversy surrounding the matter on the internet.

The meeting then devolved into acrimonious debate over the inaccuracy (or lack) of meeting minutes contrary to State law requiring the same.  Commissioners Jay Hupp and Tom Wallitner continue their pattern of steamrollering and insulting/bullying/intimidation of Commissioner Jack Miles.  Later, a citizen, for the record, officially notifies the Commissioners of their potential personal liability along with the Port’s for promoting, conspiring to, or allowing chemical trespass on private properties.  Jay Hupp challenges the relevance and is told the Commissioners are being notified for the record of exceeding the scope of their office and authority by promoting unlawful acts.  Still later, a City of Shelton planner jollies up the two egregious Commissioners and Port Staff regarding a submission he’s undertaken.  Click HERE for Video of dysfunctional Port meeting proceedings.

Fran reminds the Commissioners of their duty to represent the public’s concerns and interests, which they have not done, instead electing to project a hostile attitude toward the very community they serve.

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Fran Prescott originally rejected an invitation to meet and be photographed with Nancy Williams until she learned Nancy opposed the Adage and Simpson bioincinerators.  Fran then conceded she’d ‘reconsider’ her reluctance.

Rosalyn Reed, Democratic Chair in Mason County, had no difficulty greeting Nancy Williams and establishing common cause. Rosalyn’s husband’s health was destroyed and he suffers greatly due to the toxins he was exposed to from the Asarco smelter in Tacoma.

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Jack Miles (a Republican) enthusiastically greets Nancy Williams–he, an official, and she, a candidate, who criticize the tin ears our elected officials have developed.

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Nancy Williams (candidate for 35th District Senator running against Tim Sheldon) discusses a lawsuit filed against the Port of Shelton.

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Nancy and Jack review the seriousness of the allegations in the lawsuit against the Port of Shelton.

Not shown here is the recall petition effort against Commissioner Jay Hupp which is gathering steam.

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Nancy Williams and Jack Miles share a light moment.

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Nancy Williams (candidate for 35th District Senator running against Tim Sheldon) and Jack Miles agree that something must be done to protect residents against wealthy corporations like Adage and obstinate public officials such as Jay Hupp, Tom Wallitner, and Tim Sheldon.  A change is desperately needed, one that can’t be achieved by allowing the same officials to be re-elected.

Nancy Williams and Jack Miles exchange cards to stay in touch during this critical campaign.

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Nancy Williams and Jack Miles discuss strategy on how to best protect the public, our health, and our children from irresponsible elected officials, Adage, and Simpson.

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Nancy Williams, (candidate for 35th District Senator running against Tim Sheldon) who OPPOSES Adage and Simpson proposals to pollute our air along with corporate welfare, was in attendance, upon the invitation of yours truly, to witness how badly residents are treated by their elected officials while opposing this threat to their health and air quality.

Nancy Williams makes suggestions on how best to protect and serve the community.

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Local residents confer on the next steps in their effort to defeat Adage, Simpson, and Tim Sheldon’s attempt to compromise the welfare and health of the community.

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Local residents thank each other for attending the Port meeting in a show of solidarity for the community and Jack Miles.

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Nancy Williams (candidate for 35th District Senate running against Tim Sheldon), Rosalyn Reed (chair of Mason County Democrats), and Jack Miles (Port of Shelton Commissioner and a Republican) smile for the camera as they get acquainted and establish common cause in behalf of the community and their constituents.

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Nancy Williams and Rosalyn Reed exchange cards for future contact with each other in their effort to create change and make a difference.

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Nancy Williams (candidate for 35th District Senate) and Rosalyn Reed (Mason County Democrats chairwoman) exchange cards and discuss political strategy along with the issues at hand.

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Video footage was taken recording the continuing dispute over the accuracy of the minutes for Port meetings, but Jack Miles was easily steamrollered by the other two commissioners, as usual.

The Port Commissioners were publicly (on the record) notified they faced personal liability along with the Port itself for exceeding their authority by encouraging a tenant (Adage) to engage in chemical trespass upon surrounding private properties.  This eliminates any potential claim of their ‘acting in good faith’ or ignorance of the consequences.   But these are wealthy men who will be able to feed a small company of lawyers in mounting a defense.  However, they will NOT be entitled to the presumption of qualified immunity when they exceed the scope/authority of their public office or conspire to harm adjacent residents, their families, their children, and their private property.

See the following links to a Washington State Supreme Court decision on the legal implications surrounding chemical trespass and a successful suit against Kitsap County for the same:

104Wn2d677 (Bradley v. American Smelting – 1985)  The Washington Supreme Court rules permits are no defense against chemical trespass and defines the law surrounding the issue rationally and without equivocation.  This has been Shepardized by yours truly, revealing it remains good law.  The decision was unanimous without dissent.

136Wn2d567 (Kitsap County v. Allstate Insurance Co. – 1998)  After Kistap County is successfully sued for chemical trespass, it squabbles with its underwriters over who is going to pay the enormous bill.