An ethics complaint filed against Port Townsend Mayor David Faber will move forward, in part, following an announcement from the city’s hearing examiner Phil Olbrechts.

“The ethics complaint filed by Reverand Cox (Faber Complaint) is found to have two alleged ethics violations sufficient to move forward to hearing or summary judgment. The remaining four alleged ethics code violations are dismissed as insufficient,” Olbrechts wrote in an order finding partial sufficiency of complaint.

Crystal Cox, reverend and director of the Port Hadlock-based Universal Church of Light, filed a four-point ethics complaint against Port Townsend Mayor David Faber on July 15. Cox then advanced her case with a subsequent filing Sept. 4, by adding two allegations to the original complaint — that Faber failed to recuse himself from a city council vote that benefitted him personally and professionally and that Faber received special privileges in the city’s initial handling of Cox’s ethics complaint. Olbrechts dismissed the latter allegation.

The first of the two alleged violations that Olbrechts found sufficient for further examination concerns approval of a rezone. The complaint alleges that Faber voted to approve rezoning a property near the city golf course that ultimately benefitted property he owned located nearby. The complaint further alleges that Faber was required to recuse himself under the appearance of fairness doctrine due to his ownership interest in those properties.

“If Reverand Cox proves at hearing or summary judgment that Mayor Faber knowingly illegally participated in the vote for the purpose of benefiting his property, that would likely constitute the use of his office to secure special privileges for himself in violation of the City’s ethics code,” Olbrechts wrote.

As part of the allegation and complaint process, Cox will also be given the opportunity to provide more specifics on the allegation that the rezone was also illegal because the rezone may qualify as an illegal spot zone. If Cox decides to pursue the spot zone allegation, she has seven calendar days to submit an amended complaint.

The second alleged ethics violation Olbrechts found sufficient concerns preferential treatment and a potential Open Public Meetings Act (OPMA) violation for use of city council meeting chambers, Olbrechts wrote.

The complaint alleges that Faber used his position to advise an activist group on how to pack a city council meeting chamber thereby preventing an opposition group from attending a city council meeting.

That alleged violation stems from protests and counter protests following the Julie Jaman incident at Mountain View Pool where Jaman was banished from the facility following a confrontation with a transgender pool employee.

The onus is on Cox to prove at a hearing or summary judgment that Faber, in fact, used information he gained from his position as mayor to intentionally assist the activist group to prevent meeting access to an opposition group, and whether that constitutes the use of his office to secure special privileges for a group he favored, in violation of the city’s ethics code.

“It must be emphasized that the bar to meeting complaint sufficiency is very low,” Olbrechts wrote. “The Hearing Officer is required to find sufficiency if any set of hypothetical facts could be divined consistent with the complaint that could constitute an ethics violation if proven true. At this point in the review process no conclusions are made as to the strength of the evidence supporting Reverand Cox’s allegations. Reverand Cox and Mayor Faber will be given full opportunity to present and contest evidence in summary judgment motions and/or a hearing on the two allegations allowed to move forward.”

The Universal Church of Light is a state-registered non-profit corporation with a self-stated focus on, “human rights advocacy, issue advocacy, community support, senior advocacy, homeless advocacy, victim support and lesbian advocacy.” Cox describes herself as a healer and spiritual advisor.

Cox, acting as the church’s director, has filed 48 open records requests with the city since Jan. 1, 2024 and is actively engaged in a lawsuit against the City of Port Townsend regarding allegations of discrimination and open records law violations. That suit seeks more than $3 million in damages. Cox, as reverend and director of the church, hosts a YouTube channel with 45 subscribers and has garnered 217 Facebook followers. Cox’s commentary on social media ranges from city issues, national politics and issues regarding spirituality and sexuality.

In an email responding to Olbrechts’ initial findings, Faber wrote, “I will reiterate that Crystal Cox’s complaint is without merit, either factually or legally. If you decide that her complaint nonetheless is sufficient for fact finding,” he wrote, then he was prepared to participate “as necessary.”

On the same day, also via email, Cox announced her intent to file a motion for summary judgement.

Olbrechts said he would release information about scheduling in the coming days.