Exchange Between Port of Centralia Commissioner, Citizen Sparks Debate

Dec. 12—In the Port of Centralia's regular meeting on Thursday, Dec. 8, an exchange occurred between Centralia resident Jan Banevich and Port of Centralia Commissioner Kyle Markstrom that has sparked debate online, with both issuing statements.

It began when Banevich started making a statement during the public comment portion of the meeting, during which any member of the public is allotted three minutes to speak. She took issue with wording within Port of Centralia Executive Director Kyle Heaton's contract.

"I wonder why commissioner, any of the commissioners, would have hired the current port executive director and entered into a contract with him that states in part, termination for good cause is defined and limited as follows: one, employee's conviction of a felony involving moral turpitude, or two: embezzlement. For good cause shall no circumstances include instances of negligence or failure to act, whether due to an error in judgment or otherwise. In other words, Director Heaton can only be fired if he is convicted of rape or steal-," Banevich said.

It was at this moment when Markstrom interrupted her and a heated exchange occurred.

"I'm gonna stop you right there, I'm not going to let you disparage somebody in the room like that," Markstrom said.

"I'm not disparaging, this is," said Banevich.

"I ask people to be respectful," said Markstrom.

"Excuse me, but I," Banevich said, before being cut off.

"But it says nothing in his contract about rape and for you to say that about somebody while they are sitting in the room is completely disrespectful and I'm not going to allow you to comment like that," Markstrom said.

"Excuse me but do you know what moral turpitude is?" asked Banevich.

"You're done. I'm sorry, you're done, thank you. Next up we have Brian Dow," Markstrom said.

Dow's comments revolved around public comment, but mainly around the differences in the public comment sections at Centralia City Council meetings compared to the port's.

Guidelines for governing body meetings are laid out in the Open Public Meetings Act, RCW 42.30. As for the guidelines pertaining specifically to public comments at meetings, RCW 42.30.240, paragraph four, states, "Nothing in this section diminishes the authority of governing bodies to deal with interruptions under RCW 42.30.050, limits the ability of the governing body to put limitations on the time available for public comment or on how public comment is accepted, or requires a governing body to accept public comment that renders orderly conduct of the meeting unfeasible."

The Open Public Meetings Act can be found here, https://apps.leg.wa.gov/rcw/default.aspx?cite=42.30.

The Open Government Resource Manual on the Washington state Attorney General's website provides more clarification as to what Washington state law dictates. Chapter 3.5, section F states that governing bodies actually aren't required to allow public comment at public meetings. If a governing body chooses to do so, "it has authority to limit the time of speakers to a uniform amount (such as three minutes) and the topics speakers may address."

Chapter three of the Attorney General's Open Government Resource Manual can be found here, https://www.atg.wa.gov/Open-Government-Resource-Manual/Chapter-3.

Over the weekend, both Markstrom and Banevich took to Facebook to share their sides of the story. Banevich began the discussion during one of her meeting highlight posts in the Facebook group Centralia Citizens for an Open and Honest Port where she regularly posts updates concerning port business.

"During my public comment time, as I was talking about Director Heaton's employment contract and clarifying 'moral turpitude,' Commissioner Markstrom rudely interrupted me saying he would not allow me to talk 'disparagingly' about the director. I tried to explain that I was just quoting from his contract and asked him if he knew what 'moral turpitude' meant. Markstrom wouldn't stop talking to even listen to me. Wow!" Banevich wrote in a Dec. 8 post in her group.

The next day, Markstrom posted a statement to his personal Facebook page that was shared by the Port of Centralia's page as well.

"During each Port of Centralia Commission meeting public comment is welcomed. Constituents who would like to comment are given three minutes to share their comments, concerns and ideas with the Commission. The only thing asked is that comments are respectful. During the Dec. 8 Commission meeting I had to make the very difficult decision to cut short a constituent's comments. This constituent was making comment about an employment contract between the Port and a Port employee. This constituent while attempting to explain their interpretation of moral turpitude (language used in the contract) chose to use the description of rape.

The definition of moral turpitude is: an act or behavior that gravely violates the sentiment or accepted standard of the community: a quality of dishonesty or other immorality that is determined by a court to be present in the commission of a criminal offense. No where in any contract with the port is rape mentioned, it is also not referenced in the definition of moral turpitude. While I think anyone would agree that this vile action does fall within the definition of moral turpitude, there are many, many other examples that do as well. The deliberate choice to select this vile act to try to describe a contract with a public employee is horribly insensitive and potentially hurtful to many people. This is a very sensitive and triggering subject for many people, me included. I made the tough decision to end this constituent's comment time for this reason and this reason alone. It was not a back and forth discussion. Again, I welcome and encourage public comments at Port meetings but triggering inflammatory language and descriptions will not be tolerated," Markstrom said in the post.

On Dec. 11 Banevich responded to this comment with another statement in her Facebook group.

"So, I don't know how many of you saw Commissioner Markstrom's statement that he posted to FB yesterday regarding my comment at the port meeting on Thursday. But, it was interesting to see he totally changed the reason he gave at the meeting for stopping me," she wrote. "If you read my post on Thursday evening, you will see he said he wouldn't allow me to talk 'disparagingly' about the director. At no time did he mention that I was being 'insensitive' or 'hurtful' to him (Markstrom) or others by the mere mention of a single word. Actually, there was no one at the meeting other than my group, a reporter, and the Chamber Director. Markstrom also said that I 'choose to use the description of rape.' That is absolutely 100% wrong!! I would never do that. After quoting from the Director's contract, and in trying to clarify 'moral turpitude,' this is the exact words I used: 'In other words, Director Heaton can only be fired if he is convicted of rape or steals money from the Port. Also, he cannot be fired for neglecting his duties.' It was during this last sentence that Markstrom decided, after exchanging glances with Director Heaton, to loudly proclaim my remarks to be 'disparaging.' He took away my right to freedom of speech to prevent me from talking about the director's contract and nothing else. If any one has any questions about this, I would be more than happy to answer them. I always strive to be open and above all, honest with everyone. Thank you."

The incident is the latest of many that have happened at Port of Centralia regular meetings as Banevich and her group, Centralia Citizens for an Open and Honest Port, attend every meeting advocating for a variety of issues such as increased transparency from the port and asking the port to offer a Zoom option to more easily attend meetings remotely. The port currently offers a phone-in option to attend remotely.