Heritage Gardens Trust
2111 S. Rustle Rd. Spokane, WA 99224

June 26, 2006

The Honorable Dennis P. Hession
City of Spokane
808 W. Spokane Falls Blvd.
Spokane, WA 99201

Dear Mayor Hession:

I am writing this letter on behalf of the Heritage Gardens Trust (Trust) Board to lodge a formal complaint against Mike Stone, Director, Spokane Parks & Recreation Department (SPRD).

The complaint involves a $1 million plus anonymous donation to the Moore-Turner Heritage Garden. That donation was nurtured and cultivated by the Trust over a period of 2 years, and a Letter of Intent from the donor for $1 million was issued to the Trust on May 24, 2005. Mike Stone refused to sign that Letter of Intent, and the donor’s offer was allowed to expire. Contrary to the Memorandum of Understanding, dated September 9, 2004, between the Trust and the SPRD, Stone eliminated the Trust from any and all negotiations and communications. We believe that he influenced the donor’s attorney to divert that donation from the Trust. Evidence of his early intent to divert the donation to the Spokane Parks Foundation is contained in a letter dated June 17, 2005, to the donor’s attorney: “Per our conversations, the Spokane Parks Foundation Heritage Gardens Fund was established in 1999 to receive and manage construction project and maintenance funds.”

In addition, Mr. Stone has violated the Memorandum of Understanding between the Trust and the SPRD on multiple additional counts as set forth below:

• “The parties create an official alliance….to work towards common goals for the preservation, restoration, management and endowment of the Moore-Turner Garden.”
• “The parties have a common objective…….each party is independent….recognizes the need to coordinate and collaborate.”
• “The SPRD will support the Trust’s fundraising efforts including, but not limited to, meeting with or generating letters of support to prospective donors.”
• “All volunteers working in the Garden shall have permission from the SPRD and the Trust.”
• “The SPRD will provide the Trust copies of all agreements regarding the Garden, including, but not limited to, the Landmarks Commission Management Agreement, departmental policies and procedures related to the Garden, and construction contracts.”

Formed at the request of the SPRD, members of the Trust have been involved with the Heritage Gardens Project since the inception of the Task Force in 1998. Attached is an Outline of Accomplishments of the Trust – accomplishments for which Mike Stone and Lynn Mandyke take unjustified credit.

A significant aspect of this complaint is the outrageous treatment of volunteers. The City/SPRD, its Director and staff (Lynn Mandyke) set a poor example of how to treat volunteers and donors. While the department banters about terms like, “coordination” and “collaboration” it has not, in this group’s experience, practiced what it preaches.

The Trust is also very disturbed about the secrecy surrounding the donation. We have always respected the anonymity of the donor and continue to be dedicated to his/her best interests. However, it is unbelievable that both Stone and Mandyke continuously refuse to divulge where the donation funds have been deposited. We assume, and you confirmed, the donation is referenced in the City of Spokane 2006 Adopted Budget Summary Report Adopted December 12, 2005. Page 17 of that document lists a $1,500,000 donation to the Park Cumulative Reserve Fund. The department’s excessive secrecy (as well as the diversion of the funds from the Trust to the SPRD) strongly implies a desire to avoid any citizen oversight of the donation. Certainly, members of the Trust are appalled that the Park Board apparently entered into a large Heritage Garden contract based on only one bid for the work currently underway in the Moore-Turner Garden. As best we can determine, the contractor is the same firm that was responsible for the serious violation of the historical integrity of the Corbin Garden completed in 2003. This matter obviously requires the serious scrutiny of you and other city officials.

The members of the Trust did not get involved with this project for kudos or pats on the back. We have always believed in the project and its value to the community of Spokane and its many visitors. We also respect and honor the donor and the incredibly generous gift given to restore, preserve and endow these important gardens. However, we are shocked by the conduct of the SPRD, its staff, and the Park Board. As Agents of the City, they disrespect and tarnish the Code of Ethics that should characterize municipal government.

As you are aware, we have raised these concerns with you and many other city officials. Our concerns have been overlooked. Therefore, we are filing this formal complaint. We request that you conduct a thorough investigation of these matters and inform us about the results of your investigation. We are willing to elaborate on this complaint and provide documentation. As this city’s Mayor and Chief Executive Officer, we expect that you will hold responsible parties accountable and take appropriate action.

We genuinely hope that other community representatives, volunteers, and donors are not treated in the same disrespectful and deplorable manner as the Trust has been treated. The public service demands more; the public deserves more.

Sincerely,

Mary Anne Brown, President Heritage Gardens Trust

Encl.: MOU, Outline of Accomplishments

cc: Howard Delaney, Acting City Attorney Dorothy Webster, Director, Administrative Services Spokane City Council Members Spokane Park Board Members

Page updated August 20, 2006.