Public Hearing to review Charles Schaefer and Cydney Moore will be Thursday, June 15

Public “Show Cause” Hearings for Planning Commissioner Charles Schaefer and Burien City Councilmember Cydney Moore will be held this Thursday, June 15, 2023 at Burien City Hall.

The special meeting is set to start at 7 p.m., and can be viewed in person at City Hall, on Comcast TV Channel 21, via Zoom here and live-streamed online here.

Schaefer (no relation to BTB Founder/Publisher Scott Schaefer) and Moore got into some hot water recently when they assisted homeless people in finding new locations to move their camps to, including the encampment on SW 152nd and 6th Ave SW that was cleared out on June 1, 2023.

“Show Cause” hearings can often look like a trial, with evidence presented and questions asked. They allow defendants to “show cause” to a judge/court (or in this case council) and show how they should decide in their favor.

Either or both may be censured by the council by a majority vote.

Note that there is no option to remove Moore, because a councilmember can only be removed after an election or by a successful recall and discharge effort under RCW 29A.56.110.

Participants can show the Burien City Council ways in which defendants have not complied with order(s) currently in place. If it’s decided that they did not comply, they can be found guilty and punishment can be served. Evidence may be presented, and each side will have an opportunity to explain and discuss relevant issues.

Public Comments will be allowed during the special meeting.

Show Cause Hearing for Schaefer

From the Show Cause hearing agenda for Schaefer: The Show Cause Hearing for Schaefer is “to show why the council should not censure, demote, or remove him from the Planning Commission,” according to the agenda.

The facts consist of statements made by residents, media news reports, Mr. Schaefer, and statements to Chief Boe and relayed to the City Manager, including:

• The B-Town Blog’s encampment removal video, which includes possibly incriminating evidence and statements from both Schaefer and Moore;

Statements made to Chief Boe and relayed to the City Manager include:

1. 1. “Some unhoused unlawful campers at Dottie Harper Park stated that Mr. Schaefer coordinated using the park property for unlawful camping.
   2. “As unlawful campers left Dottie Harper Park, Councilmember Moore and Mr. Charles Schaefer spoke with law enforcement and noted the difficulty of finding appropriate ‘city-owned’ land that was not park property to relocate the unhoused.”

Show Cause Hearing for Moore

From the hearing agenda for Moore: The Show Cause Hearing for Councilmember Moore is “to show why the council should not censure her. There is no option to remove Councilmember Moore because a councilmember can only be removed after an election or by a successful recall and discharge effort under RCW 29A.56.110.”

Statements made to Burien Police Chief Ted Boe and relayed to the City Manager regarding Moore’s actions include:

• “A police officer heard Councilmember Moore advise the last tent owner where to camp on the parking strip in front of the Dollar Store/Grocery Outlet. Councilmember Moore was specific that the location in front of the store and behind the Dollar Store on the grass was available to set up tents as it was city property and wide enough not to interfere with foot traffic on the sidewalk.
• “Some unhoused unlawful campers at Dottie Harper Park advised police that Councilmember Moore stated where they placed their tents was not park property but city-owned property. Other unhoused unlawful campers at Dottie Harper Park stated that Mr. Schaefer coordinated using the park property for unlawful camping.
• “As unlawful campers left Dottie Harper Park, Councilmember Moore and Mr. Charles Schaefer spoke with law enforcement and noted the difficulty of finding appropriate “city-owned” land that was not park property to relocate the unhoused. Councilmember Moore mentioned some portion(s) of land at or near the Dollar General Store.”

According to Burien Rules of Order 6.20, reasons for introducing a motion of censure include, but are not limited to:

• Failing to offer courtesy and respect or insulting presenters or other councilmembers • Violating the confidentiality of an executive session
• Failing to observe ethical guidelines
• Failing to observe the rules of discussion: interrupting others, speaking out of turn, speaking beyond the established time limits
• Undermining or attempting to undermine a council decision

According to Burien Rules of Order 6.20, if a Councilmember/Commissioner fails to observe these Rules of Order and impedes Council business, the Council may censure the Councilmember by a Council majority vote.

A motion to censure may include, but is not limited to, the following sanctions:

• Verbal admonishment (a firm warning or reprimand)
• Letter of reprimand (describe behavior, effect, and disciplinary action)
• Formal motion of censure (motion of strong opinion of disapproval)
• Removal from external or internal committees
• Being directed to leave the meeting at which the behavior occurs

Hearing Process

The process for both hearings will be as follows:

1. 1. The opening statement of allegations (Mayor or designee first, then the accused).(Limited to 5 minutes)
   2. The accused may present evidence or witnesses or show why the council should notdiscipline the accused. (Limited to 10 minutes unless granted more time)
   3. The council may inquire or question the accused.
   4. The council may call witnesses to establish or clarify the record.
   5. The Mayor or designee may invite the accused to make a closing argument (Limited to 10 minutes unless granted more time).
   6. The council (not including the accused) may discuss or deliberate.
   7. The council may rely on or use any helpful or relevant evidence to decide.
   8. The council (not including the accused) will vote on the record and render its decision (Amajority of those permitted to vote will prevail).
   9. Each council member should believe by a preponderance of the evidence (more likelythan not) the accused committed one or more of the nine (9) offenses noted above before voting in favor of discipline. A majority of the voting members must agree to at least one allegation to impose discipline.
   10. The council may ask the City Attorney to provide a brief Finding of Facts and the Council’s Decision.
   11. The council’s decision is final.

Download the full agenda/packet here.

Here’s the agenda:

City Council Special Meeting:

• a) Public Hearing per RCW 35.63.030 for Planning Commission Chair Charles Schaefer

SPECIAL MEETING AGENDA:

• a) Show Cause Hearing for Planning Commission Chair Charles Schaefer; Discussion and Potential Action; Agenda Bill – Pdf
• b) Show Cause Hearing for Councilmember Cydney Moore; Discussion and Potential Action; Agenda Bill – Pdf