Video: Did Bellevue break the law in push to pass parks levy?

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BELLEVUE, Wash. - A lot of voters are being asked to approve new taxes for their communities in November. But one thing cities can't do is use tax dollars to help convince voters to say yes. It's against state law.

Yet the KING 5 Investigators have uncovered evidence that Bellevue has done exactly that in its determination to get a new parks levy passed.

Bellevue is known for its parks, from small neighborhood hideaways to its sprawling downtown park adorned with walkways and signature waterfall.

"We have beautiful parks here and it's nice to be in the city but be able to get away," said Bellevue resident Hillis Brennan.

But the levy that supports these parks expires this year, so Bellevue needs a new one.

The KING 5 Investigators have uncovered evidence that Bellevue has been so zealous to get its November levy passed, it has repeatedly broken state law, even after being cautioned by its own consultant.

The problems started with a $25,000 telephone poll paid for by the parks department last March.

The state Public Disclosure Commission has clear rules about what you can and can't ask.

Bellevue's poll targeted only registered voters. The PDC says that's "not permitted."

The poll asked voters to identify how much they would be willing to pay in new property taxes. That's also "not permitted."

The poll even asked people if they would be more or less inclined to vote yes if told the money would go to preserve natural areas and water quality, not just parks and sports facilities.

All of it violates PDC guidelines.

The Bellevue Parks Director, Patrick Foran, commissioned the poll. He wouldn't comment to KING 5, but his boss, Bellevue City Manager Steve Sarkozy, did.

The Investigators asked Sarkozy: "How could this happen?"

Sarkozy responded: "That's what we don't know. Lapse in judgment, honest mistake or did someone overlook something?"

It happened more than once. In June, a $6,000 follow-up poll was done to figure out the best wording to sell the levy. Voters were less supportive when told it was a $40 million proposal, so that number never appears on the ballot.

It's considered cheating. We asked Bellevue residents if knowing that could influence their vote.

"No, because I'm in favor of maintaining the parks," said Bellevue resident James Chen.

But Judy Rogoway of Bellevue waid it might make a difference.

"I don't like doing politics that way, trying to get votes in that way," she said.

Consultant Steve Finley warned that the campaign had to be kept completely separate from the city of Bellevue, which is supported by tax dollars.

But parks employees, including the Bellevue Parks Director, were helping steer the Bellevue Parks Yes! campaign.

And Merle Keeney, head of the parks commission, was volunteering as the campaign chair.

The KING 5 Investigators have obtained e-mails indicating the relationship was so cozy the campaign committee even asked the parks department to produce and pay for one of its mailers because of the campaign's "limited resources."

"No. We wouldn't, can't do that. We never had any plan to have the city involved at all," said Keeney, Chairman of the Bellevue Parks Yes! Campaign.

But according to the e-mails, Keeney helped devise that plan, which the Parks Director and other staffers knew all about.

Yet it wasn't until the consultant called the mayor that the plan was killed.

City Manager Sarkozy confirmed that the mayor called him in late August.

When asked what the mayor said, Sarkozy told KING 5, "That were were some concerns, please have our folks review this."

The consultant says he was fired after telling Keeney this was the dirtiest campaign he'd ever worked on in terms of PDC violations.

"I don't think we're sophisticated enough to pull off a dirty campaign as we've been accused of, or suggested," Keeney said.

But after investigating for nearly two months, the PDC has filed an official complaint against Bellevue City Parks.

"Before we file complaints we want to have some proof or some evidence that there has been some wrongdoing. We don't file complaints casually," said Lori Anderson, spokesperson for the State Public Disclosure Commission.

Bellevue can't be forced to take the levy off the ballot even if the PDC were to have a final ruling by Election Day, which is not expected. The city can be fined.

Sarkozy says he thinks a lot of cities do this. But the KING 5 Investigators looked at more than a dozen cities in Western Washington and found only one other city that may have broken PDC rules.