Ethics director says Nickels did not ask for special treatment during snowstorms

An ethics investigator found no evidence that Mayor Greg Nickels sought preferential treatment from city transportation crews during December snowstorms.

But whether Nickels received special treatment could not be determined, according to a report released today by the head of the city's Ethics and Elections Commission.

"There are conflicting accounts of whether Mayor Nickels or any other high-ranking City officials received special treatment from SDOT," the commission's executive director, Wayne Barnett, wrote.

Barnett said he received evidence that a top manager at the city's transportation department ordered "special treatment" for the officials, but said conflicting reports, a lack of concrete proof and the "poisonous atmosphere"in the department prevented him from charging anyone with violating city ethics rules.

Nickels asked Barnett's office in March to investigate whether West Seattle received "preferential" treatment during snow storms, when icy streets paralyzed the city for nearly two weeks.

West Seattle is home to the mayor, the deputy major and city's transportation chief. Barnett said he spoke to all three officials, and they denied receiving special treatment.

The mayor requested the inquiry following a Seattle Times investigation into the city's bungled response to clearing city streets during December's snowstorm. Among other things, the investigation found that city transportation crews spent an inordinate amount of time clearing sidewalks, landings and bus stops in West Seattle just before Christmas.

The Times also reported that Paul Jackson, then manager of the city's Street Maintenance Division, was concerned with clearing streets downtown so the mayor could get to work. At his request, Jackson was reassigned to the traffic maintenance division earlier this year.

Barnett said Deputy Mayor Tim Ceis called the head of the department to report that parts of Admiral Way had not been plowed. But Barnett concluded that Ceis was not asking for special treatment, and even if he was, such a request "served a city purpose, given the number of people who live west of California Avenue and rely on Admiral Way in their travels by car and bus."

Barnett said he "did receive evidence that the Mayor and other high-ranking officials were accorded special treatment by Mr. Jackson, but based on (1) contrary evidence received from the Mayor and these other officials, (2) the lack of corroboration for either version of events, and (3) the poisonous atmosphere that existed at SDOT's Street Maintenance Division prior to Mr. Jackson's removal, the director finds that the evidence is insufficient to charge Mr. Jackson with Ethics Code violations."

Susan Kelleher: 206-464-2508 or skelleher@seattletimes.com