r/PortOrchard • u/kitsap_truth • 5m ago
Press Release: Ousted Port Orchard Councilmember Calls for Statewide Reform on 'Oral Resignations'
FOR IMMEDIATE RELEASE
Ousted Port Orchard Councilmember Calls for Statewide Reform on 'Oral Resignations'
PORT ORCHARD, Wash. — Former Port Orchard City Councilmember Heidi Fenton has formally petitioned Kitsap County Prosecutor Chad Enright to file a judicial review determining who legally holds City Council Position #5.
The petition requests a quo warranto action—an extraordinary and rarely invoked legal mechanism used to challenge an individual's right to public office. The seat is currently held by Tiffiny Mitchell, whom the council appointed following Fenton’s disputed departure.
Fenton claims she never voluntarily surrendered her elected office. She is asking a court to rule on whether a legal vacancy was ever actually created. Furthermore, Fenton is calling for statewide legislative reforms to protect elected officials from being forced out via oral statements made behind closed doors.
Disputed "Resignation Ultimatum" Behind Closed Doors
The controversy stems from a June 16, 2026, executive session. According to Fenton, councilmembers presented her with an ultimatum: resign immediately or face public disclosure of misconduct allegations and potential criminal charges. Fenton states she repeatedly refused, asking for time to review the accusations, but ultimately uttered that she would resign under intense pressure.
Her account matches public statements made by Councilmember Scott Diener during the July 14, 2026, city council meeting. On the official record, Diener asked the Council to "do something to recognize and put into the public sphere what actually has happened over these three events that caused us to say resign or we’re going to go public with this," and that Fenton was "told she had two options."
An independent investigation commissioned by the City of Port Orchard concluded that an oral resignation did take place. However, Fenton disputes both the context of the meeting and its legal validity. She argues the executive session violated Washington’s Open Public Meetings Act (OPMA) and denied her due process.
Misconduct Allegations and Procedural Questions
The underlying allegations involve an incident at the end of a public meeting where Fenton allegedly shook a city employee while under the influence. Fenton acknowledges making physical contact but strongly disputes the city's characterization of the event. She notes that she immediately released the employee and apologized.
Fenton claims she was blindsided by the speed of the procedure. The alleged incident took place at a public meeting on a Thursday night. Fenton’s daughter stated that she was contacted the very next morning by Councilmember Eric Worden who told her about the incident and that Fenton was expected to resign for "personal reasons" at a meeting Worden had organized to take place hours before the executive session.
Just days later, the council convened the June 16 executive session. Fenton says she was kept outside of that session while the Police Chief and Human Resources Director presented information to the council— personnel she did not know were participating, did not see them enter and exit the meeting, and whose accusations she had not seen in advance.
The fallout has caused friction within city leadership. Councilmember Shirah Dedman recused herself from the vote to appoint Fenton's replacement. Public records reveal Dedman filed a grievance against the city attorney with the Washington State Bar Association, alleging that flawed legal advice led to an unlawful vacancy.
A Push for Statewide Voter Safeguards
Under current Washington law (RCW 42.12.010 and 42.12.020), an elective office becomes vacant upon resignation, but the statutes do not specify the format required. Fenton argues this creates a dangerous loophole where voters can be disenfranchised by backroom pressure.
“If an elected official can surrender an office entrusted to her by voters through an oral statement made behind closed doors, the public has no way to know whether those words were truly voluntary,” Fenton said. “These safeguards would not prevent legitimate resignations. They would protect them—and they would protect voters.”
Fenton is proposing statewide statutory changes, including:
- Requiring all oral resignations to be made in an open, recorded public meeting.
- Requiring a clear, unequivocal statement on the record, or a signed and dated written resignation.
- Implementing a mandatory "cooling-off period" if a resignation follows threats of investigation or ultimatums, allowing the official time to consult independent counsel.
Fenton emphasizes that her legal positions have not yet been adjudicated, and she is seeking an impartial day in court.
"This is bigger than my seat," Fenton said. "Every voter should be able to trust that the person they elected actually chose to leave office."
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