Opinion: ‘Just because they got away with it doesn’t mean they weren’t wrong’

A Skamania County deputy's report found violations of county rules and the Open Public Meetings Act, but no prosecutor acted on the findings. — A Skamania County deputy’s report found violations of county rules and the Open Public Meetings Act, but no prosecutor acted on the findings.

Clark County Today Editor Ken Vance offers his insight and perspective on the disappointing conclusion to the Michelle Belkot fiasco

Ken Vance, editor
Clark County Today

Clark County Councilor Michelle Belkot’s case against her fellow county councilors came to an unsatisfying end for many of us last week when a United States District Court judge denied Belkot’s motion for summary judgement against her colleagues.

“It doesn’t matter if you violate OPMA,” Belkot told Clark County Today reporter Paul Valencia this week, referring to the Open Public Meetings Act. “Why does it even exist if you can come along and violate it and a federal judge says, ‘No big deal.’”

You likely remember that last year, the other four Clark County councilors – Sue Marshall, Wil Fuentes, Glen Yung and Matt Little – voted to remove Belkot from the C-TRAN Board of Directors after she had vowed to protect Clark County taxpayers from paying for operations and maintenance costs associated with TriMet’s 1.83-mile light rail extension as part of the proposed I-5 Bridge replacement project. The four councilors replaced Belkot on the C-TRAN Board with Fuentes. Belkot filed suit, claiming among other things, that the council violated OPMA by withholding information to the public before voting her off the C-TRAN Board.

I will admit I may have some bias in my perspective in this case. I absolutely abhor the notion that a council of elected officials are bound to vote as one, which is the premise of what led to the whole Belkot fiasco. Her fellow councilors believed that because the current members of the council were 4-1 in favor of C-TRAN being on the hook for a portion of the O & M costs for the light rail extension, Belkot was bound to vote with that majority in her role on the C-TRAN Board of Directors.

Members of the Vancouver City Council are bound to do that by that council’s bylaws. But, Belkot accurately pointed out that the Clark County Council had no such bylaw and that she was free to vote her conscience, which she believed was the collective voice of her constituents.

I’m also against the light rail extension being included as part of the I-5 Bridge replacement project. On three occasions Clark County voters have rejected light rail, yet our elected officials and transportation officials continue to shove it down our throats because they obviously know better than we do about how tax money should be spent. I prefer we remove the light rail extension from the project, and its more than $2 billion price tag, in favor of an extension of C-TRAN’s Bus Rapid Transit, which could be done for a fraction of the cost.

Even if we get past the light rail argument, why should C-TRAN pay even a portion of the light rail M & O costs when it’s an extension of TriMet’s Yellow Line. Let TriMet pay for the O & M costs. It’s not our responsibility to subsidize TriMet, an agency that is mired in a complete financial nightmare of its own making.

Getting back to Belkot’s case, there is no question in my mind that her fellow councilors violated the Open Meetings Act. There was absolute collusion in this case. The councilors have proven that themselves by covering their tracks and since attempting to change the County Council’s rules and procedures.

As if that’s not enough proof to you that they knew what they did was wrong, consider the fact that Clark County Today previously revealed that Vancouver Mayor Anne McEnerny-Ogle orchestrated the entire removal of Belkot from the C-TRAN board when she “set the trap” for Belkot. Her Mayor Pro Tem Erik Paulsen was caught on tape bragging about the mayor’s strategy at a labor roundtable.

The fix was obviously in and it even extends far beyond just the members of the Vancouver City Council and Clark County Council.

Skamania County deputy’s report

In November (2025), a Skamania County Sheriff’s Office investigation Skamania County Sheriff’s Office investigation concluded that the four members of the Clark County Council violated the County Charter and the rules of procedures as well as the Open Public Meetings Act. Plus, the county manager could be charged with official misconduct. The report said that Councilor Fuentes should be removed from the C-TRAN Board of Directors “immediately” and that Councilor Belkot should be reinstated to the C-TRAN Board. Neither of those things happened.

Tony Golik, Clark County prosecuting attorney

The report was submitted to Clark County Prosecuting Attorney Tony Golik for possible charges. Because of the obvious conflict, Golik submitted it to the State Attorney General’s Office and the city of Vancouver attorney for review. Both declined the request to review the report or make a recommendation on charges.

Golik has refused to respond to questions about his handling of the Skamania County report. But, Clark County Today learned this week that Golik later submitted it to the Thurston County prosecuting attorney for review. That office also declined to review the report or make a recommendation on charges.

“After shopping the Skamania Sheriff’s report to various Democratic prosecutors — including AG Nick Brown, despite his clear Pacifica Law Group conflicts — Mr. Golik ultimately went to Thurston County Prosecuting Attorney Jon Tunheim, a lifelong Democrat,’’ said Rob Anderson, founder of Reform Clark County. “Mr. Tunheim’s response was predictable. Rather than protecting the public from what appears to be serious corruption, his memo dismissed every criminal charge, characterizing the matter as a civil or political dispute. This appears to be a complete whitewash with a splash of retaliation. Given how many times I’ve exposed unlawful conduct within the Clark County Prosecuting Attorney’s Office, this outcome is not a surprise.”

We live to fight another day

I understand those of you who disagree with my perspective on this case may point out that not only did a United States District Court judge deny Belkot’s motion, but three other agencies refused to review the Skamania County report for possible criminal charges. You will likely say that Belkot had her day in court and more and she lost. You are correct. She, and those of us who have supported her throughout this process, need to concede defeat and live to fight another day.

The Vancouver mayor, the four county councilors, the Clark County prosecuting attorney et al, they won this round. But, just because they got away with it doesn’t mean they weren’t wrong. The deck has been stacked against us conservatives in this state for too long. One only needs to look back on the recently completed legislative session as further evidence of that. In addition to being in control of the governor’s office (for more than 40 years), the state legislature, progressive Democrats now also control the Vancouver City Council, Clark County Council and the Clark County Prosecuting Attorney’s Office. I know that’s not breaking news to you all, but it’s a reminder that we conservatives need to find a way to stop playing against a stacked deck.