City of Mercer Island critic rebukes Islanders ‘who do not care’ about ‘cover-up’

Over the last several weeks, hundreds and perhaps thousands of Island residents received another mailing from longtime city critic, Ira Appelman, regarding what he terms is “a continuing cover-up of misconduct at Mercer Island City Hall.”

Over the last several weeks, hundreds and perhaps thousands of Island residents received another mailing from longtime city critic, Ira Appelman, regarding what he terms is “a continuing cover-up of misconduct at Mercer Island City Hall.”

Islanders opened the envelope, affixed with $1.68 of postage, to find a two-page letter that outlines Appelman’s view of the city’s wrongdoings in light of a lawsuit filed by former assistant city manager and attorney, Londi Lindell.

In a well-publicized case, Lindell is suing the city and its officials for sexual harassment and wrongful dismissal. In the letter, Appelman writes: “I have been made aware that a significant segment of Islanders either doesn’t disapprove or doesn’t care about Conrad’s misconduct or alleged misconduct.”

The mailing also included a densely worded, six-page then-confidential memo from former city attorney, Bob Sterbank, to City Manager Rich Conrad. In it he warns Conrad about the possible “legal risks” of the actions he had taken regarding the discipline of a union employee who is married to the city’s human resources director, and its aftermath.

Also enclosed is a DVD that contains heavily edited testimony given under oath by four city officials.

The 45-minute DVD represents just a fraction of the 35-plus hours of depositions given by city officials. It primarily focuses on salacious details of conversations from 2007. It does not include any similar testimony from the plaintiff, Lindell or witnesses for the defense.

Lindell’s case is based upon establishing that an atmosphere of sexual harassment and retaliation existed at the city. Such an atmosphere, she contends, led to her dismissal after she and Sterbank called it out.

The city has repeatedly denied Lindell’s accusations and is prepared to “vigorously defend itself in court.” City Attorney Katie Knight said the city’s decision to move forward to defend itself in court was fully supported by the city’s insurance carrier.

The lawsuit which was filed by Lindell in early 2009 is scheduled to go to a jury trial in April. Depositions and other discovery is still underway.

One of those subpoenaed to testify is Appelman.

In response, Appelman filed a 21-page self-prepared motion to be excused. He cites the First Amendment stating that he is “a recognized news gatherer and investigative reporter of misconduct at the City of Mercer Island.” The motion goes on to detail why he, as a reporter, is uniquely protected. “The First Amendment provides those who gather and disseminate news to the public with a qualified journalist’s privilege against discovery of the results of news gathering activities,” he writes.

Appelman also shares that he is writing a book on “misconduct at the City of Mercer Island.”

The court has yet to respond to the motion.

The mailing includes a return envelope asking for money. The return address is “The Mercer Island Community Council,” followed by Appelman’s name and home address.

Appelman ran unsuccessfully for a seat on the City Council in 2009.