Jim Kight, city councilors call on each other to resign from office over controversial building

An independent, costly investigation into the construction of a controversial building on Troutdale Mayor Jim Kight’s property — a building larger than many houses in Troutdale — has raised numerous questions about Kight’s conduct and how the city approves construction projects.

City councilors are accusing Kight of taking advantage of his position within city government in order to build the structure.

The council’s release of an abridged investigation report on Tuesday has further driven a wedge between the mayor and the council, with councilors and Kight calling upon each other to resign.

The investigation will cost the city at least $30,000, not including staff time, councilors said.

The investigation

The city hired the law firm Harrang Long Gary Rudnick in November 2011 to conduct the investigation following two years of controversy over Kight’s building, which was constructed next to his house on Jackson Park Road in the Sandy River floodplain.

Kight, a commercial photographer and property manager, said the building is legal as an accessory structure, in which he intended to provide office space for himself and his wife.

But city councilors have questioned if the building — which has a basement, a deck, a bay window, kitchen space and carpeted rooms — meets the city code requirements of a house, making it illegal.

Councilors said Kight is familiar with the city codes as a developer and a city official, having voted for several provisions.

Councilors asked City Administrator Craig Ward to review the city’s permitting and construction process.

The 18-page report — abridged for the public on the advice of city attorneys — details how the building, initially planned as a 768-square-foot shed, changed during the permitting process and construction to a 2,032-square-foot building including the basement. That is more than twice the legal limit of 1,000 square feet for accessory buildings as allowed by city development codes.

Kight has said the building is only 1,016 square feet, as the basement is unfinished and should not be counted.

Investigator Beverly Russell interviewed 42 witnesses, including Kight, city councilors and city staff, and reviewed numerous documents over six months, according to the report. The factual information from Russell’s report, excluding personal opinions, was provided to the public.

Deception, shameful

In statements to the press and public on Tuesday, all six city councilors said the investigation confirmed their suspicions that Kight took advantage of the city’s permitting process and misled staff to get the building approved, even though it violates city codes.

Councilors Glenn White and Eric Anderson called on Kight to resign from office.

“After reading the report multiple times, it is clear to me that Mayor Kight orchestrated an act of deception on a scale of which this city has never seen,” Anderson said. “I would challenge anyone who has seen the building and reads this report objectively and in its entirety to arrive at any other conclusion.”

Councilor Rich Allen described Kight’s actions as “shameful” by using his influence, access and knowledge to evade proper procedure. Allen said he advocated for a resident in a similar situation who got a citation, court date and judgment to tear a garage down.

“This is contrary to the treatment I’ve seen the people of Troutdale receive,” Allen said. “If anything, we should treat our people better and hold our elected officials accountable to the same laws that they themselves create.”

Council President Doug Daoust, who is running against Kight for mayor in November, said Kight voted for the expensive investigation, and noted the city had already spent $12,000 on a mediator to improve the council’s working relationship with Kight.

“No single citizen in Troutdale will be able to build a structure like Jim Kight did,” Daoust said about the investigation’s findings.

But Kight described the council as politically motivated and said the investigation did not find he used undue influence on city staff.

He also criticized the cost of the investigation and challenged the qualifications of the investigator, Beverly Russell.

“In my opinion, the council should be making plans to re-establish their credibility,” Kight said. “They should take immediate steps to personally reimburse the city for the $30,000 or whatever the final billing amount is determined to be, apologize to city employees and the citizens of our city, and/or resign.”

While the City Council has not made a formal decision on its next steps, Daoust indicated that the council might draft a second censure — or public reprimand — of Kight at a future meeting.

It would be the second time the council has voted to censure Kight. The building controversy was a major issue in the first censure.