Opposition group eyes suit against Eyman partners

BRAD SHANNON, THE OLYMPIAN

Originally published Saturday, April 6, 2002

OLYMPIA -- Tim Eyman's associates appear to be cleared by a Public Disclosure Commission investigation into Permanent Offense's financial dealings, but a citizen activist still might drag them to court over Eyman receiving more than $200,000 from their initiative campaigns.

Knoll Lowney, head of the opposition group Permanently Offended, said late Friday that his informal group of about two dozen people might file a lawsuit alleging violations of campaign law by Eyman's three board members, Monte Benham, Jack Fagan and Mike Fagan.

"We are looking at our legal options to determine whether there is legal liability for Monte Benham and Jack and Mike Fagan. But what's clear is they have ethical and fiduciary responsibilities that they broke," Lowney said.

"It's impossible to believe that $200,000 could go missing without the current leaders of Permanent Offense knowing about it. They call themselves watchdogs of the government, and yet they can't even watch their own organization."

It was Lowney's group that filed a complaint with the PDC in February, giving the PDC 45 days to complete an investigation and take action. Once that period lapses -- on Tuesday, the same day the PDC will meet to consider formal charges against Eyman -- Lowney will be free to go to court.

The PDC staff is recommending that the case be given to the Attorney General's Office in order to seek greater penalties than the $2,500 maximum the PDC can levy on its own.

Lowney said his group could consider "intervening in the other case or filing it ourselves."

"There's a number of options that we're still investigating right now. But we're happy if our threat of legal action moved the PDC forward in at least taking care of Eyman. He put himself out as standing for the common man, but it now appears he was just stealing from the common man."

Mike Fagan, reached in Spokane, said he had not reviewed the PDC's investigation. Because the Attorney General's Office could take over the case, he said he is not yet convinced the three board members are out of the woods.

"As far as I'm concerned, the situation is not over yet," he said.

On the Web:

- Public Disclosure Commission

- Permanent Offense

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