The CK Wire

Above is the agenda for a special meeting of the Central Kitsap Fire and Rescue Board of Commissioners scheduled for 4 p.m. Thursday.

An employee’s job may be on the line, according to the “discussion” item listed.

The Clear Creek Task Force will be out grooming Clear Creek Trail Saturday as part of National Trails Day. Children to adults are encouraged to participate in picking up trash, clearing invasive blackberry bushes and helping with other maintenance to the trail in Silverdale. Volunteers will meet at 9 a.m. at the Clear Creek Sa’qad Interpretive Center at the south end of the trail. The task force will provide the tools. For more information, visit www.clearcreektrail.org.

Silverdale will take an important step toward cityhood tomorrow or early next week when Citizens United for Silverdale files paperwork with the county. The paperwork shuffling will allow the county Boundary Review Board to hold a hearing and take testimony. The board will also have the final say on the proposed city’s boundaries. The “intent for incorporation,” as supporters call it, has been a long time coming, as supporters drafted the proposal.

“It’s the legal description that has to be completed. That’s what’s taking so long,” Mary Earl, committee member said Wednesday.

The paperwork will be filed either Thursday or Monday, because the county is closed on Fridays, Earl said.

Bremerton has been placed on the map — not for its STEM program in public schools or arts scene — but for (possibly) knowing a thing or two about fashion. This, of course, from a woman who lives in a town which has its own “slimming” sweatpant. A woman who identified herself as Laura from Bremerton, called into Rush Limbaugh’s radio show last week saying she is tired of hearing about first lady Michelle Obama’s attire in the news. “Every time she dresses in yellow, I keep expecting some little kid to pop up and say, ‘She looks like a bowl of mustard,” she said on the right-wing radio show. To hear the rest of her thoughts, visit here. Maybe she can even give you a tip on your fashion sense.

What comes to mind when you first think of Silverdale? Residents have a week to submit entries for the Silverdale Slogan Contest. The winning entry will be embossed onto the recently refurbished Silverdale welcome sign — the sign was originally created as an Eagle Scout project of Joshua Sykes, Hank Mann-Sykes’ son — at the north end of Silverdale Way. The contest is run by the Silverdale Chamber of Commerce and the Clear Creek Trail Task Force and is open to all residents in Kitsap County. Entries can be emailed to Dionne@SilverdaleChamber.com or ClearCreekTrail@yahoo.com. And you shouldn’t procrastinate — deadline is 11:59 p.m. March 31.

This is a story about a $50 gift card. A whole story about a $40 gift card? Yes, a $30 gift card, because, after all, $20 is $10.

In the season of hand-wringing over the perfect gift, many opt to hedge their bets, avoid any awkwardness and simply buy that causal acquaintance a gift card. And in Washington, it’s illegal to set expiration dates on gift cards. Who says Olympia can’t make hard decisions? Of course, this is second best compared to simply handing over cold, hard cash. That’s why some opt for those debit card gift cards. It’s just money, in electronic form, which is pretty close to cash.

And so it was, my $50 debit MasterCard gift card, a present from one of my mom’s friends. I received it about a year ago, but I needed the money recently for groceries. I typed in the card number and security code. My computer screen refreshed to display that the card contains $40.

“Forty dollars? You need to call customer service and tell them they stole your money,” my mom said. I’m a good girl, I do what my mom says, so I called ready to make wild accusations to strangers. Then I noticed the fine print, which says after a year the bank will take $2 a month. And here came my hard lesson: Debit gift cards look like gift cards, and work like gift cards, but when it comes to the banks, debit gift cards don’t get the same protection. Just as my mom was telling me to write to the state attorney general on this outrage, I went online to look up the law. Washington’s gift card and gift certificate law states that “it is unlawful for any person or entity to issue, or to enforce against a bearer, a gift certificate that contains an expiration date.” Of course, just like any law, there are multiple sections and some exceptions. And of course, one of those exceptions makes it lawful for me to lose $10 from my MasterCard gift card. “Washington’s law doesn’t apply to bank-issued gift cards such as those issued by VISA or MasterCard, which are regulated under federal laws,” wrote Attorney General Rob McKenna on the office website. “Many gift cards sold by shopping mall management companies are issued by banks,” he added.

Even though the law has been properly followed in my incident, I still feel cheated by the bank. I had 20 percent of the value of the gift card disappear — a gift card that was already paid for by a friend. And all because of discreet wording on the packaging. I’m still waiting for a call from the company’s manager — it’s their policy to do callbacks if one wants to speak to upper management — for the time being they have given back $1. So, I really didn’t lose that much, about $9. I understand that I won’t get any more money returned — banks do what they want. But maybe giving a manager a piece of my mind about their sneaky practices will give them pause, or, at the least, make them earn the money they took from me.

Twilight series fans and those looking for rock band T-shirts no longer need to hold their breaths.

Hot Topic in Silverdale will not be closing despite an announcement on upcoming store closures.
Hot Topic, Inc. announced in a press release Nov. 16 that due to poor sales, 40 to 50 Hot Topic stores will close by early 2011.
The Hot Topic location in Kitsap Mall has been confirmed to stay open, said Jim McGinty, chief financial officer. He was unable to comment Nov. 19 on the specific locations of the store closures. There are currently 19 Hot Topic stores in Washington state.

Binion here:

Please find below, in its entirety, the Kitsap County Prosecuting Attorney’s report on the fatal shooting of Mathew Netter, 23, of Bremerton, by Poulsbo Police Officer Darrel Moore.

Read the story here.

August 26, 2010

Netter Shooting
July 23, 2010
Unincorporated Kitsap County
Prosecutor’s Analysis

Just before 10:25 p.m. on the night of July 23, 2010, Poulsbo Police Officer Darrel Moore initiated a traffic stop of a white Honda Accord driven by Matthew James Netter.  Although initially cooperative, within minutes Netter, without provocation, threatened Officer Moore with a pistol.  In response to the threat, Officer Moore deployed his service weapon, firing nine shots at Netter.  Netter was struck eight times and died of his wounds.  Officer Moore was absolutely justified in his use of deadly force.  We decline to prosecute.

I base this conclusion on the results of the investigation conducted by the Kitsap County Sheriff’s Office.  The record created by that investigation is very complete and includes a video and audio recording of the entire transaction between Officer Moore and Netter.  The Poulsbo Police Department has equipped most of its patrol cars with video cameras.  The cameras are permanently mounted and are oriented to make a video-and-audio taped record of the action immediately in front of the patrol vehicle.  Officer Moore’s car had this equipment.  There is also an audio recording of all the radio traffic generated by this transaction.  While on patrol, all Kitsap County law enforcement officers are in constant radio contact with Kitsap County Cencom, the County’s emergency dispatch network.  Patrol officers maintain communication through radios in their patrol cars and radios carried on their persons.  Cencom records the time and content of all radio calls.

July 23, 2010 was a Friday.  Silverdale Whaling Days, a community celebration scheduled to last through the weekend, was just getting underway.  The Silverdale area is part of unincorporated Kitsap County.

Although an officer of the Poulsbo Police Department, Officer Moore was working in Silverdale as part of a Driving Under the Influence of Intoxicants (DUI) enforcement emphasis patrol.  From time to time, the local law enforcement agencies in Kitsap County and the Washington State Patrol will join together and focus DUI enforcement efforts on a particular geographic area of the County.  A DUI emphasis patrol is publicized beforehand to deter potential drunk drivers.  All participating officers are commissioned to exercise law enforcement authority throughout the County.

Moore was assigned to the Silverdale area as part of the emphasis patrol.  He was in full uniform and driving a clearly marked Poulsbo Police Department patrol car.  Navy Petty Officer Erik Nelson was also in the car as a civilian observer.  Civilian “ride-alongs” are a regular part of local law enforcement practice.

Just before 10:25 p.m. Officer Moore noted a vehicle eastbound on NW Bucklin Hill Road near its intersection with Mickleberry Road.  It was a white Honda Accord, Washington license number 876 WTW.  It had swerved suddenly in its lane of travel.  Given the time of day, the community celebration, and the heavy traffic, this swerve gave Officer Moore a reasonable suspicion that the driver might be under the influence of intoxicants.  Officer Moore engaged his emergency lights, signaling the Honda to stop.  He informed Cencom as he did so.

There was one person in the vehicle: the driver, Matthew Netter.  He responded immediately to the patrol car’s lights by pulling off to the side of Bucklin Hill Road.  Officer Moore exited his car and approached Netter’s Honda.  Netter remained in his vehicle.  Traffic on Bucklin Hill road was very heavy, so Officer Moore asked him to continue on less than a block and turn right on Mickleberry into the parking lot of Timberland Bank.  The bank was closed for the weekend, and that part of Mickleberry is not heavily traveled.  The Officer’s plan was to continue the contact in an area that would not interfere with the heavy Whaling Days traffic.

Netter complied, pulling into the empty parking lot and stopping.  Officer Moore positioned his vehicle behind Netter’s Honda.  Netter remained seated in his car, and Officer Moore approached the driver’s side.  The civilian rider followed and took up a position behind Officer Moore.

Standing by the Honda driver’s door, Officer Moore explained the reason for the stop and asked to see the documents necessary to lawfully operate a motor vehicle: driver’s license, vehicle registration, and proof of insurance.  Netter produced a Washington driver’s license.  Netter told Officer Moore that the swerve noted by the officer was necessary to avoid a car entering his lane from a side street.  Officer Moore responded politely.

Approximately three minutes into the contact, the officer received a radio transmission from Cencom advising that Netter presented a possible safety risk.  The dispatchers at Cencom can immediately access the electronic law enforcement records associated with identifying information, like a vehicle license number.  When Officer Moore informed Cencom that he was stopping a car identified by Washington plate 876 WTW, the dispatcher automatically checked to see what, if any, criminal history was associated with the vehicle.   Netter had been the subject of a domestic violence allegation on March 6, 2010.  He had been driving the Honda at that time.  The Port Orchard Police Department had investigated that incident and included in their report information from witnesses alleging that Netter had access to weapons and had indicated a willingness to fight with law enforcement.1  This information was linked to the plate number.  When Cencom ran its check on July 23, that portion of the prior report came up and was relayed to Officer Moore for his safety.

Netter heard the transmission and denied the allegations.  Office Moore continued to respond politely, assuring Netter his only interest was that they both be safe.  He told Netter that to ensure their safety, he intended to check Netter’s person for weapons.  In this kind of situation, a simple pat-down by the investigating officer is necessary and legal.

Officer Moore asked Netter if he had any weapons in the car, and Netter stated he did not.  Directing Netter to keep his hands in view, Moore opened the Honda’s driver’s side door so that Netter could exit the vehicle.  For the next few seconds, Netter complied with the officer’s directions, but became increasingly agitated.  He raised his voice, demanding to know why he was being “searched.”  Officer Moore attempted to explain that he was not interested in conducting a full search of his person.  Netter raised the volume of his arguments and began moving about in the car.  Officer Moore responded by raising his voice, and that tactic produced another few seconds of compliance by Netter.

But Netter could not keep still and would not obey the officer’s commands to keep his hands in sight.  Without any apparent explanation, he suddenly dove to his right, across the empty passenger’s seat.  In an attempt to subdue him, Officer Moore jumped into the car.  He engaged Netter, calling to his rider to get on the patrol car’s radio and call for help.  They struggled briefly, and then Officer Moore jumped out of the Honda shouting “Gun!”  He quickly drew his service weapon, and shouting to Netter to drop the gun and stop resisting, fired nine times at Netter, still in the front seat of the Honda.  The shots were fired at close range in two quick volleys.  Netter was struck eight times.

Officer Moore fired until Netter no longer presented a threat.  This is consistent with the training received by all Washington law enforcement officers.  When Netter stopped moving and dropped his pistol, Officer Moore immediately called for assistance, radioing that shots had been fired and that the subject had been hit.  He kept his weapon trained on Netter as he made the call, relaying to Cencom that an airlift was needed, but Netter’s weapon had not yet been secured.  Officer Moore made this call at 10:30:22 p.m.  Just over five minutes had passed since the contact began.

Other officers arrived within seconds and took control.2  An aid car arrived almost immediately, just after 10:30 p.m., and Central Kitsap Fire Department personnel removed Netter from the Honda.  No airlift was available.  He died on the way to the hospital.

A post mortem toxicology screening showed methamphetamine in his bloodstream at a level of 2.97 milligrams per liter (mg/L).  The “Drugs and Human Performance Fact Sheet” published by the National Highway Traffic Safety Administration states that a blood concentration of methamphetamine above 2.5 mg/L “will likely be associated with severe, possibly life threatening, toxicity.”

Netter’s body was the only object removed from the Honda until a search warrant was obtained Monday, July 26, 2010.  Netter’s pistol was found on the passenger-side floorboard in a location and position consistent with it falling from his hand after he was shot.  It was a fully loaded .40 caliber H & K semi-automatic.  There was a round in the chamber, the weapon was cocked, and the safety was off.

Washington State law defines a homicide as justified when a law enforcement officer finds deadly force necessary “to overcome actual resistance…in the discharge of a legal duty.”  RCW 9A.16.040(1)(b).  Poulsbo Police Officer Darrel Moore was lawfully on duty on the evening of July 23, 2010.  He stopped Matthew Netter after developing a reasonable suspicion that he was driving in an impaired state.  He treated Netter with courtesy and professionalism, even after Netter was identified as a possible threat.  When Netter became agitated, he attempted to control the situation with verbal commands.  Netter failed to respond to Officer Moore’s efforts and acted in an unambiguously hostile manner.  Still Officer Moore tried to bring him under control using the minimum force necessary.  But when Netter produced a pistol he left Officer Moore no other choice.  Officer Moore’s use of deadly force was more than justified—it was the only response possible.

Binion here:

The e-mail buzzed Republican County Commissioner candidate Abby Burlingame’s iPhone shortly after midnight.
But what made the message from the personal e-mail account of the Kitsap County Department of Community Development director most odd were the contents.

Following a terse first paragraph in which Larry Keeton says he learned the department had been made “a campaign issue,” Keeton got to his first of the five points in the July 15 treatise:

“I don’t take lightly any assault on my department’s staff. While I’m fair game, my staff is not. It’s the Army Colonel in me. Attack me for my leadership, not my staff. If you choose to, make sure it’s my decisions, not my personal integrity and honor. If you do, I think you’ll find few solid supporters in that arena; more importantly, I will defend myself in that regard.”

However, Keeton concedes he heard about the alleged trash talking second-hand. Burlingame, who forwarded the e-mail to the Central Kitsap Reporter, denies badmouthing the department staff and says her campaign’s beef is with the “anti-growth” policies of the commissioners. Meanwhile, Democrat and professional builder Wally Carlson, who has been outspoken in his criticism of the department and its employees, said he did not receive a similar e-mail.

Government officials usually tread carefully when responding to political candidates. Beyond offering to meet and answer questions, they usually don’t respond, they are too busy governing. There is also the chance that the candidate could be their boss one day.

Keeton did offer to meet with Burlingame, but between his opening warning and his offer to meet, Keeton included more than 600 words. To give an idea of length of points two through five, this post doesn’t have 600 words.

Burlingame thought it was inappropriate. She said she has been meeting with officials, and planned on contacting Keeton, but now plans not to.

If given the chance to take it back, Keeton said he would have still written to the candidate, but he would have taken a different tack. He said he is often awake late at night, working, and that’s when he sent the e-mail.

The tone was the result of frustration Keeton feels. His department has shrunk by more than 40 percent, he said. But there have been more than 200 “efficiencies” implemented in the nearly four years he’s been on the job.

Despite the economy-fueled decrease in the number of building permit applications — Keeton said a tiny fraction are denied — there are less people to do the work, and often applications are made by non-experts, requiring more time to ensure the plans conform to the law.

The process is open to criticism, he said, but uninformed criticism helps nobody. And he was quick to admit the department isn’t perfect.

Democratic Commissioner Josh Brown, who is a third of Keeton’s boss and opponent Burlingame’s prime target in the race for the District 3 commissioner’s seat, said he wished the director had taken a more “positive tone.”

Although Burlingame doesn’t intend to call on Keeton for a meeting, if elected she said she could work with him.

“It’s an e-mail, it’s not the end of the world.”

See original e-mail below:

From: “Larry Keeton” <XXXXXX@wavecable.com>
Date: July 15, 2010 12:11:17 AM PDT
To: <info@abbyburlingame.com>
Subject: Department of Community Development issues

Ms Burlingame,

As the Director of Community Development, I learned today that you and Mr. Carlson have decided to make the Department a campaign issue.

First, I don’t take lightly any assault on my department’s staff. While I’m fair game, my staff is not. It’s the Army Colonel in me. Attack me for my leadership, not my staff. If you choose to, make sure it’s my decisions, not my personal integrity and honor. If you do, I think you’ll find few solid supporters in that arena; more importantly, I will defend myself in that regard.

Second,  you’re running on a campaign platform to “streamline” the permitting system. What does that mean? Do you know the issues we face under federal and state law that might preclude this “streamline” process? I agree we need to continue to find efficiencies. Are you willing to suggest that the department be given additional resources at the expense of a Sheriff’s Deputy? Given that we’re a special revenue fund, are you willing to suggest that fees need to be increased to bring on more staff to process the permits? Or are you willing to suggest that we only take in applications that are professionally prepared versus the citizen who decides to draw his plan out without fully following the code requirements? Are you willing to suggest a formal standard by all the engineering firms, such as WSDOT requires, to help streamline the process? Are you willing to suggest that maybe contractors who build should be code certified as other states require before they become contractors? It’s easy to say that government needs to change, but what about those submitting their permit applications? Shouldn’t they have a requirement to be correct when they submit? You’ve not asked to speak with me or my staff regarding the issues we face. It appears you’re  only hearing people who have issues with the department because they didn’t get what they want, I’ll be more than willing to spend time with you presenting the other side of the story. Leadership is about making decision based on facts, not emotion. I know. I’ve been doing it for over thirty five years, and people’s lives, not some permit  weighed in the decision. The mark of a good leader isn’t identifying that they have a problem, but how they solve the problem.  My track record in problem solving got me here. And, I’m not hearing key stakeholders asking for my head on a platter. Quite the opposite.

Third, Representative Angel is endorsing you, as well as the Realtor Association. Have you asked them what they think of the Department under my leadership? I was hired by Representative Angel when she was a Commissioner. Did she make a mistake? During her tenure here, and after her departure, she’s not called for my termination. Nor have the Realtors, the Homebuilders, the environmental community, etc. Am I missing something?

Fourth, does the Department have problems? You bet. But, in the last three years, we’ve implemented over 200 process improvements. We’ve got performance standards that we report accurately, even when they are not flattering. As a Department, we’ve been  as transparent as we can be because I have a personal value system that requires it.  We’ve reduce staff from 87 FTE to 48.5 since 2008, many taking a 20-25% cut in salary, including the management team. There was no public outcry with those reductions, but now people complain they are not getting their permits within two to four weeks. That was the standard staffed at the previous level. It’s like being in the only barbershop in town. If there’s only one barber and ten people walk in the door at the same time, nine are going to have to wait. But, if you asked the customer to pay more money to hire another barber so they didn’t have to wait, what would they say? Most likely answer, no, we’ll wait. But, when it comes to government, that’s unacceptable. I have to ask why? Don’t  you?

Fifth, in the last campaign, out of the field of many, only two candidates ever visited me to discuss departmental issues. Then they drew up their solutions. One of them won their election. The other one was an incumbent who had the advantage of knowing what was happening.

If you would like to meet with me or my deputy, please contact me at 337-4402/XXXX. As of next Friday, I won’t have an administrative assistant due to retirement and our inability to hire a replacement, so phone calls will go to my voice mail. Given the number of calls I receive a day, it might be awhile before I get back to you. Alternatively, you can respond to this email, or my office email at lkeeton@co.kitsap.wa.us.

Regards,

Larry Keeton

Director, Community Development

Kitsap County

This week, the Central Kitsap Reporter and the Bremerton Patriot newspapers included a special feature on local eateries where our readers go when they’re feeling down and out, want to remember the good old days or just simply want some good food.

For Central Kitsap, I had the pleasure of visiting and writing about the Big Apple Diner, 6720 Kitsap Way, and Aloha Kitchen, 10516 Silverdale Way. Staff writer Wesley Remmer helped out on the beat by visiting and writing about Seabeck mainstay, the Lone Rock Grocery and Deli.

Maybe you’ve been to these places or maybe you will try them out for the first time. Either way, bon appetit!

-Chris