Prosecutor debunks concern over conflict of interest

DAYTON–Responding to public concern stemming from a local citizen’s Public Records Act (PRA) lawsuit against the Columbia County Sheriff’s Office, County Prosecuting Attorney C. Dale Slack responded to concerns brought to light at the Columbia County Commissioners’ Evening Public Comment session February 20.

The situation arises from a case filed December 11, 2023, by Theresa Eier, 408 E. Mustard St., Dayton, alleging that the Columbia County Sheriff’s Office failed to respond to five public-records requests submitted on five occasions between August 14, 2022, and September 29, 2022. Eier’s original complaint alleges she requested public records regarding “certifications” on August 14, 2022; “Policy Manual” on September 23, 2022; “Code of Ethics” on September 26, 2022; “Outside Investigations” on September 29, 2022; and “Complaints” on September 29, 2022.

When, according to Eier’s suit, the Sheriff’s Office allegedly failed to provide the requested records, Eier sued for “costs, fees and any appropriate per diem penalties for the County’s failure to provide a reasonable estimate and unreasonable withholding of records and other violations of the PRA, as provided in RCW 42.56.550(4).”

In the February 20 daytime meeting, Slack, in making his department report to the County Commission, addressed the suit. “I know that the Commissioners are getting a number of emails,” he said. “We have discussed when the lawsuit came in, I discussed with Commissioners, I discussed with [Sheriff] Joe [Helm], whose department is affected.

“There are rules of professional conduct which need to be followed and there are rules regarding dealing with your current clients and I am not going to talk about what I talked about in executive session,” Slack continued. “I am not going to talk about that case, especially since what we talked about with the waiver of conflict of interest could affect essentially how the case turns out. But bear in mind I talked to Commissioners, I talked to Joe, nothing is a secret. They are on board and know all about things.”

At the February 20 evening public-comment meeting, county resident Seth Murdock questioned Commissioners about his concern of a conflict of interest regarding Slack and complainant Eier. “We are aware of this and we are taking it under advisement,” said Commission Chairman Jack Miller.

Eier, who was attending the public-comment meeting, commented on the concerns. “There has been no relationship with Dale Slack, or any romantic relationship,” Eier said. She and Slack worked together four years earlier when Eier was employed by Columbia County Health Systems and was working on a bill in the legislature.

“There has been no relationship with Dale Slack,” Eier stated, “and there has been no discussion about litigation because I value that friendship. Is that understood?” Eier claimed that there are defamation posts and claims on social media being made against her.

Slack joined the meeting and stated that he is aware of the rules of conduct, has made the Commissioners aware of four times in previous years he had attended “Trivia Night” which also include Eier and others, and he also attended a birthday party. “They took pictures, they put them on Facebook,” Slack said. “End of freaking story.”

He reiterated that Commissioners and Sheriff Helm were informed of the situation and they “cleared” it.

“I am talking about common sense,” Murdock said. “I am asking these guys, who are the County Commissioners, who I pay a bunch of taxes to. I don’t want the county to be bilked by anything that it shouldn’t be bilked by. I am asking them to choose the best counsel possible.”

“I appreciate everyone’s comments, but the back and forth isn’t helping,” Commissioner Ryan Rundell said. “We listened to your comments and we appreciate them, but there is ongoing litigation we aren’t going to discuss.”

In other Commission business:

-Auditor Election officials reported readying certification of the Feb. 13 school levies, with approx. 200 ballots remaining to be counted.

- The maintenance department is working on a plan to redo the courthouse parking lot.

- Human Resources is working on ways to honor employees with recognition to create a positive working environment.

- Planning and Building department is working on conditional use permit applications, one for a cell tower in Starbuck that will help provide more cell coverage.

- The Sheriff’s Office has had one officer resign to take a position in Pasco, and another officer who is currently finishing field training.

-The Club’s Jim Pearson requested and was approved for a $5,000 donation.

-A public hearing for awarding the newspaper of record contract was set for April 1.

-Renting of 309 E. Main Street to house HR, next to the Commissioner’s office, was discussed.

-Reporter Jessica Ruffcorn contributed to this story.