Questionable law sidelines Councilman Brian Evans
Mayor Mike Stark, right, swears in Donald "Andy" Anderson as the newest member of the city council. He replaces the recently resigned Brian Evans.
ROYAL CITY - After four-and-a-half years of service on the Royal City Council, Brian Evans was forced to resign in April by a law that his lawyer says is unconstitutional and which Evans plans to challenge.
Evans has been replaced by Donald "Andy" Anderson, who is a retired member of the U.S. Coast Guard. He had an exemplary career, rising to the rank of E-9, highest for enlisted personnel. He works for Spud Brown.
"He will be a welcome addition to our City Council," Mayor Mike Stark said.
Evans has no problem with Anderson taking his seat, nor with the rest of the council or the mayor. When he became aware of the law, he saw no option but to resign.
This turn of events came about when an Ephrata attorney, whom Evans prefers not to name, sent a letter to City Attorney Katherine Kenison about the law. She concurred the law went against Evans, and Stark informed him of the situation.
According to Evans, RCW 53.30.070 says that a fire chief of a volunteer fire district, paid or unpaid, can't be elected or appointed to and elected public position. His own attorney said that appears to be the law.
Evans is the chief of Grant County Fire Districts No. 10 and 11, based in Royal City. He would have jeopardized his employment by remaining on the council.
The odd thing about this law is that there is no conflict of interest in Evans serving. The fire department is completely detached from the city. His actions on the council cannot impact his employment.
Evans's attorney advised him to fight the law in court, but Evans said that would be disruptive for the city. He decided to resign, try to change the law legislatively and run for election in the future.
"I enjoyed my time on the council," he said.
Evans agrees with his attorney that the law is unconstitutional because it singles him out as a citizen who can't serve.
"I can't serve because of the career I chose? That's not right," he said.
"My attorney was disappointed I didn't fight it," he added. "He wanted me to take it to court."