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Hyer resigns from Olympia City Council

Fri, 04/09/2010 - 6:43pm — einmaleins
BREAKING NEWS
This just in:

With sadness and humility, Joe Hyer must announce his resignation from the Olympia City Council, effective at 11:59 pm, April 10th, 2010.

“For fourteen years, I have worked through my role in the private sector to build a stronger and better community for us all. For the last five and a half years, I have worked arduously on those same goals as a
Councilmember, having been honored to be appointed and then twice elected by the citizens of Olympia. [more]

Comments

Mon, 04/12/2010 - 2:31pm — shopvacmaggie

Question about commerce

Say I'm going to the store. And you need eggs. I pick up an extra dozen. They cost $3.00. I give you the eggs, you give me $3.00. Did I just sell you eggs without a retail license? Am I a criminal?
Mon, 04/12/2010 - 3:49pm — Laurian

Well, Mr. Hyer folded like a house of cards

...
Mon, 04/12/2010 - 6:02pm — shopvacmaggie

I just want to know

who all is behind this so I can be sure to NEVER associate or help these people. And no, I don't smoke anything, that's not why. They are lowlifes. The couunty attorney is dealing because a court case would reveal to much. I think Mr. Hyer should push it, because I think the CA has painted himself into a corner.
Tue, 04/13/2010 - 9:25am — Thad Curtz

Update

According to this morning's Olympian, Tom Morrill, the City Attorney, says he thinks that a state law about reappointments governs the process for appointing Joe Hyer's replacement. It does not agree with the city ordinance; the state law says that if the Council can't agree on a replacement the County Commissioners will make the appointment (rather than the Mayor making it, which is what the city ordinance says).

RCW 42.12.070

Filling nonpartisan vacancies.

[Olympia is not "a first-class city or a charter code city".]

A vacancy on an elected nonpartisan governing body of a special purpose district where property ownership is not a qualification to vote, a town, or a city other than a first-class city or a charter code city, shall be filled as follows unless the provisions of law relating to the special district, town, or city provide otherwise:

(1) Where one position is vacant, the remaining members of the governing body shall appoint a qualified person to fill the vacant position.

....

(4) If a governing body fails to appoint a qualified person to fill a vacancy within ninety days of the occurrence of the vacancy, the authority of the governing body to fill the vacancy shall cease and the county legislative authority of the county in which all or the largest geographic portion of the city, town, or special district is located shall appoint a qualified person to fill the vacancy.

....[And if the Commissioners can't agree, it can go to the Governor]

Best,
Thad


—

Best,
Thad

Mon, 04/12/2010 - 2:50pm — Norm (not verified)

You did just sell eggs

You did just sell eggs without a retail license, and no you are not a criminal. There are a few places in this state where I will see "fresh eggs" sign along the road as I drive by. The problem here is that eggs, unlike drugs, are not a controlled substance.

Now, if you went to the store, and you picked up your refill for oxycontin and sold half of your bottle to your neighbor because they needed it. That would be illegal.

eggs =/= drugs

Mon, 04/12/2010 - 9:53pm — Thad Curtz

Mr Hyer's hand didn't look strong to me

And Mr Hyer was looking at the possibility of a six and a half year prison sentence if he went to trial and didn't prevail.

Best,
Thad


—

Best,
Thad

Mon, 04/12/2010 - 3:08pm — Guglielmo

Nope.

Your example would not require a license. But even if it did, at worst, you would just be "out of compliance," which isn't criminal. If, however, you knew the eggs were stolen and you sold them anyway, that would be an eggregious offense.
Tue, 04/13/2010 - 4:26pm — shopvacmaggie

The circle of the "squeeze"

Maybe Joe didn't want to rat on someone else. Maybe he decided that no one else needs this kind of mayhem rained down on them.
Mon, 04/12/2010 - 3:16pm — Katherine

Boo.

Why are ova puns so eggceptionally easy?
Mon, 04/12/2010 - 5:57pm — shopvacmaggie

Both of you.

I know I'm not a criminal. It's called a rhetorical question. (And as for your roadside example, Norm, they ARE technicially in violation. Food safety, taxes, license, etc., so I don't know what you're getting at.) The point here is not your cute little mathematical icons, but what constitutes a "sale". The most serious charge is the "sale" of marijuana. Don't try to change the subject I raised, which is, what is a sale?
Mon, 04/12/2010 - 6:41pm — Norm (not verified)

You might put "just a

You might put "just a rhetorical question" before you post something like that then. Joe wasn't arrested for being an unlicensed salesman, he was arrested for selling drugs. A sale is the exchange of money for goods. Pretty simple. 

I would imagine there are a few more cops out there enforcing laws against the sale of narcotics vs the sale of eggs. So what exactly is your point in all of this? 

Tue, 04/13/2010 - 4:21pm — shopvacmaggie

Not

Sorry you are unable to recognize a rhetorical question. I guess you have been unable to enjoy any another pithy remarks that one finds on this site. And you're still on cops and eggs. Please read my last post. There is a secret answer contained within! "An exchange..." Wow, no profit needed? There is no commerce without profit. Pretty simple. P.S. You clearly do not want to discuss this unless it involves eggs.
Tue, 04/13/2010 - 8:00pm — Norm (not verified)

So throw out the poultry

So throw out the poultry byproduct and what is your question? Was Joe breaking a commerce law? He was delivering a controlled substance. That part is against federal law. Whether or not it has to do commerce doesn't matter at this point. The law was enacted, he broke it, he just entered a guilty plea. Done.
Mon, 04/12/2010 - 9:46pm — Thad Curtz

What is "a sale"?

Unfortunately, he was actually charged with "unlawful delivery of a controlled substance" and "possession with intent to distribute." I think these are the standard charges, and as I understand the way the current drug laws are written, whether or not you got anything in return is not the issue, let alone whether you made a profit and therefore "a sale" doesn't matter. (Maggie's point about the latter issue might well be an important one if the lawyers who drafted the statutes hadn't already taken care of it...).

Best,
Thad


—

Best,
Thad

Tue, 04/13/2010 - 5:41pm — Laurian

Joe had an opportunity

fight stupid laws and immoral politicians using his modest wealth, political connections and good standing in the community but he just rolled over. That leaves a bad taste in my mouth.
Tue, 04/13/2010 - 5:56pm — Guglielmo

This was not an opportunity to fight a "stupid law."

While I agree that pot should be legal, this case would not do anything to change our current laws against distribution. It's not like Joe had a constitutional angle on this. It would be a stupid fight. And a criminal trial in which you are the defendant is hardly the place to take on "immoral" polititians. I get your frustration, but...
Fri, 04/09/2010 - 7:10pm — Laurian

Another Victory

for the forces of oppression.
Fri, 04/09/2010 - 7:43pm — Ashley777

What now?

So... who's going to seek the apointment? Someone who didnt win in the election? This should be intresting.
Fri, 04/09/2010 - 10:52pm — Laurian

Funny you shouls ask

We could be in for a stupid nasty little fight.

Here are a few names to mull over.

1. Katherine Mahoney. She will be asked but will decline.

2. Amy Tousley.  A possible choice of the Three, Strub, Ottivelli, and Mah but she has been passed over once for appointment and was trounced at the polls.

3. Matt Green. Just kidding.

4. Jeff Kingsbury. Really just kidding.

5. Jeanne Marie Thomas. Activist w/ the SE Cap Neighborhood Assoc  Good choice but like Amy was passed over once and beaten once.

6. A to be announced candidate from Oly2012?  Perhaps, but it ain't gonna be Peter Stroble. He has said so many, many times.

7. Karen Veldheer might be a candidate both sides could compromise on.

8. Draft Thad Curtz. But like Mssrs. Sherman and Stroble,  I suspect if drafted, Thad will not run; if nominated, he will not accept; if elected, he  will not serve.

9. Brendan Williams. Ya know, if that Supreme Court thing doesn't work out...

10. The Planning Commission's rising star Rob Richards...

11. Guglielmo

OK I'll stop... Where is stevenl when you need him? 

Sat, 04/10/2010 - 12:24pm — Guglielmo

11th?

:-(
Sat, 04/10/2010 - 12:37am — Berd

Best Wishes to Joe

I can imagine what a trying experience this has been. Best wishes on moving on with life.


—

Sat, 04/10/2010 - 10:46am — shopvacmaggie

thanks, Thurston County

Exactly what benefit is it to a community to pull down those who contribute to us? Good for Joe, he should take his expansive, irreplaceable knowledge of both government workings and data, and leave the sandbox. Can Olympia sue Thurston County for screwing us?
Sat, 04/10/2010 - 11:07am — Thad Curtz

Choosing a replacement

OMC 02.04.040 - Vacancies--Filling

.... In the event of an absence resulting from death, resignation or removal of a councilmember from office, the remaining members by majority vote shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. If thirty days pass after the occurrence of the vacancy and the council is unable to agree upon a person to be appointed to fill a vacancy in the council, the mayor may make the appointment from among the persons nominated by members of the council. If the vacant position is the mayor's position, the deputy mayor shall make the appointment from among those persons nominated by the council, within thirty days after the occurrence of the vacancy if the council is unable to agree.

(Ord. 4432 §1(part), 1983).

Best,
Thad


—

Best,
Thad

Sat, 04/10/2010 - 11:46am — Laurian

Hum

So if Mah, Ottevelli and Strub dig in their heels of 30 days they will get whom they want on the council. Let us hope it does not come to that.
Sat, 04/10/2010 - 12:35pm — OlyDowntowner

If Mah, Ottavelli and Strub

If Mah, Ottavelli and Strub play politics like that, you can GUARANTEE they will not get my vote when they're up for re-election. As it is, I'm veering toward voting them out, just like you-know-who and you-know-who. But they have shaped up a bit lately, so maybe they'll actually act like they care about the good of the community and choose someone who can work with the ENTIRE council. And I don't mean Joan Machlis.
Sat, 04/10/2010 - 5:45pm — SMASH

"Until the person elected to serve the remainder"

"Until the person elected to serve the remainder" would suggest that whoever they pick will be temporary anyway?

Karen Veldheer seems like the least controversial choice, they'd be smart to go with her.

Sat, 04/10/2010 - 6:23pm — Dylan Carlson

gop

Olympia would be poorly served to trade a progressive like Joe Hyer for a Republican like Karen Veldheer.
Sat, 04/10/2010 - 10:24pm — Laurian

Come on Dylan

I know you are fresh from the Dem County Convention and probably on a nice jag from doin' politics but are times and places when Party politics obscure more than they reveal. The non-partisan Olympia city council is such a place.

Assuming Karen V is a Republican, (I don't but that is a different conversation), but even if she is I prefer a Republican like Veldheer (donated to a Repub campaign) to a Democrat like Strub (Past 1st Vice Chair of the TCDCC). Hell, I'll take Velhdeer over Hyer (TCDCC Treasurer) if for no other reason than Karen is smart enough not to blunder into a narcotics sting.  

 

*TCDCC. Thurston County Democratic Central Committee

Sun, 04/11/2010 - 9:46am — Dylan Carlson

The public record shows that

The public record shows that Karen returned a Republican ballot in the 2008 Pres Primary. There is other evidence that Karen does not share Olmpia's values, but you would have to join the lawsuit against the WA Sec of State if you wanted to see it.
Sun, 04/11/2010 - 12:41pm — Laurian

Jesus Dylan

it's this kind of mindless tribal politics that drives me fucking nuts. Rather than cast aspersions, please tell me what issues before the city council to you disagree with Karen V on.
Sun, 04/11/2010 - 12:57pm — Rob Richards

I don't think it's mindless at all.

If Dylan were making things up or even stretching the truth that would be one thing, but he's not, he's stating facts to support his argument, which you've done nothing to refute except to pull the "I'm tired of partisanship" distraction tactic. You're in her camp. You tell US why she's an appropriate representative.
Sun, 04/11/2010 - 1:31pm — Laurian

Rob and anyone else interested in this stupid digression

Rather than me explain for the upteenth time why I supported Karen V. in her race against Karen R. type my name and Karen's into the search function on your left. You will find my reasons for supporting Karen six months ago as well as my definitive slap down of Rob's Karen-is-a -homophobe campaign which Dylan seems to be happy to resurrect.

Dylan asserts "I say Karen V is a Republican and therefore unfit for service on the council." That is not an argument, that is an opinion that completely skirts any concrete discussion of issues. For the record I am not in Karen's camp but Rob's comment is just more example of the tribal politics I object to.

Sometimes Rob ya really piss me off.  :) But I'm over it now.
Sun, 04/11/2010 - 3:35pm — Rob Richards

OK

After a walk to the Market and back I realize that none of those are the best reason she shouldn't be appointed. The best reason is that she just lost an election for a seat on the council, and to appoint her after losing at the polls would be undemocratic.
Sun, 04/11/2010 - 4:29pm — Laurian

She did beat Amy Tousley

...
Sun, 04/11/2010 - 3:46pm — Dylan Carlson

If you're going to quote me,

If you're going to quote me, please do it accurately. You're putting words in my mouth. What I said was that IMHO Karen does not share Olympia's values. I would love to comment on Karen's voting record outside of partisan races. Please point me to it.
Sun, 04/11/2010 - 1:27pm — Guglielmo

Calling someone a Republican isn't a particularly good argument

unless you are unable to distinguish between a Dino Rossi and a Sam Reed, or a Pam Roche and a Dan Evans.
Sat, 04/10/2010 - 7:46pm — Thad Curtz

"Elected to serve the remainder"

As I understand it, the appointed replacement will serve until the next Council elections, a year from November, when the voters will choose someone to fill that position for the remaining two years of the term. (Of course, whoever gets appointed could choose to actually run for the seat at that point, if they wanted to.)

(I think that doing it this way is intended to preserve the rhythm of filling three Council seats in one election cycle, and the other four in the other cycle, for the sake of continuity in the long run.)

Best,
Thad


—

Best,
Thad

Sat, 04/10/2010 - 7:34pm — Thad Curtz

The Olympian's coverage

Introduces Hyer's press release by saying, "Hyer’s statement says:" and then quotes everything after the first sentence saying he's resigning - except for the last sentence of his statement, which closed by saying:

"I look forward to a day very soon when I may have a frank, honest, and open conversation about the whole and full story of the events, positive and negative, that have populated my political experience, particularly in recent months.”

Best,
Thad


—

Best,
Thad

Sat, 04/10/2010 - 9:56pm — Launchpad

Let's start that conversation now!

I think that the "buyer" should be charged with purchasing pot, which, in my opinion should carry the exact same penalty as selling. The evidence that could be used in court to show that the buyer purchased pot is perhaps even stronger than the evidence that Joe sold it. Furthermore, what the police call "controlled buys" are hardly controlled. The buyers can be robbed, assaulted, and eventually killed for their participation. All that for a few minor convictions; perhaps the response to drug use by police is just as wrong as the drug use itself.
Sun, 04/11/2010 - 9:44am — OlyDowntowner

There's a dangerous marijuana buyer out there!

There's a dangerous marijuana buyer out there! He (or she) is running around town, trying to solve his (or her) sexual problems with an illegal drug, and the cops are shielding this person! We might actually be dealing with this person in our day to day lives, buying drinks from this person, checking out library books which he or she has previously borrowed, or graciously allowing them to precede us at a four-way stop. We need to know if such criminals are in our midst! After all, buying marijuana is a crime! Whose interests are the cops and the courts serving, anyway? We need to know the identify of this criminal who is innocently masquerading as an upstanding citizen!
Mon, 04/12/2010 - 7:18am — Laurian

Karen Veldheer called me last night

She is applying for appointment to the council.
Mon, 04/12/2010 - 12:53pm — Norm (not verified)

And he is pleading guilty

 

Hyer to plead guilty to felony

• Published April 12, 2010

OLYMPIA — – Attorneys have filed paperwork indicating that on Monday, April 26, former Olympia City Councilman Joe Hyer will plead guilty to one count of felony unlawful delivery of a controlled substance - with no enhancement for the alleged crime occurring in a school zone, as had been originally charged.



Read more: http://www.theolympian.com/2010/04/12/1203870/hyer-to-plead-guilty-to-felony.html#ixzz0kuwabyPv

Mon, 04/12/2010 - 1:45pm — Berd

The Olympian

I noticed The Olympian seemed different in some ways today. However, I was perturbed by the front page sidebar listing of Joe's arraignment under a heading of "Crime."


Peace is Possible!

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Mon, 04/12/2010 - 1:53pm — Berd

Crime

If what Joe did was a crime, then all the alcohol distributors ought to be prosecuted as well.


Peace is Possible!

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Mon, 04/12/2010 - 2:46pm — Norm (not verified)

Right, wrong, moral or

Right, wrong, moral or otherwise, marijuana sale and possession are illegal. Alcohol is not.
Mon, 04/12/2010 - 2:28pm — shopvacmaggie

Stupidity at It's peak

Wow, another violent criminal off our streets! I feel sooo much safer now.