Belkot files suit against Clark County, alleging civil rights violations, breaches to open meeting laws

Michelle Belkot said she was representing her constituents when she said she would vote against C-TRAN paying for Operations and Maintenance of Oregon’s light rail transit system. For that, she claims, she was punished by the rest of the Clark County Council. Photo by Paul Valencia

Clark County Councilor Michelle Belkot claims she was removed from the C-TRAN Board of Directors after she intended to vote to protect taxpayers

Clark County Councilor Michelle Belkot filed a lawsuit in Skamania County Superior Court against Clark County on Friday, citing violations of the Civil Rights Act, Open Public Meetings Act, and Quo Warranto claims.

The lawsuit challenges her fellow Clark County councilors’ decision to remove her from the C-TRAN Board of Directors, in retaliation for her intended vote on a transportation funding matter.

Michelle Belkot has filed suit against Clark County for her removal from the C-TRAN Board of Directors. Photo courtesy C-TRAN.

Belkot alleges that her removal was an unconstitutional act of political coercion, violating her First and 14th Amendment rights. The lawsuit contends that the four other council members imposed a new and improper requirement — after the fact — that C-TRAN board appointees vote in alignment with the majority of the Clark County Council. This action, Belkot asserts, was taken solely in response to her position on a funding issue that could cost county taxpayers millions of dollars.

For a refresher on that action on March 12, go to: https://www.clarkcountytoday.com/news/michelle-belkot-speaks-out-after-clark-county-council-kicks-her-off-c-tran-board/

“The actions taken by the majority of the Clark County Council sets a dangerous precedent,” effectively punishing elected representatives for independent decision making,” Belkot said. “This is not just about my seat on the C-TRAN board. This is about ensuring that the democratic process is protected and that no government body can silence an elected official for representing their constituents.”

The lawsuit argues that the Clark County Council violated OPMA by failing to disclose the planned removal on the official meeting agenda, not allowing public comment on the matter, and proceeding with a decision that may have been premeditated outside of public view.

Additionally, the lawsuit includes a Quo Warranto claim against Will Fuentes, whom the council appointed to replace Belkot on the C-TRAN board. The legal action challenges the legitimacy of his appointment, arguing that the Clark County Council overstepped its authority by removing Belkot without a lawful cause.

Belkot is seeking declaratory relief to overturn her removal, as well as damages for the violation of her civil rights. She is represented by the law firm Stephens and Klinge LLP. The filed complaint can be viewed here: https://drive.google.com/file/d/1BwJZG30aAnMg8Qo8ZqMmCpreNHceUGMQ/view

Supporters of Belkot have also opened an online fundraiser for her legal battle. To donate, or for more information, go here: https://www.givesendgo.com/GF5UC?utm_source=sendfox&utm_medium=email&utm_campaign=press-release-clark-county-councilor-michelle-belkot-files-lawsuit-alleging-civil-rights-violations-and-open-public-meetings-act-opma-breaches