Investigator: West violated city's Internet policy

A private investigator hired by the Spokane, Wash., city council says Mayor Jim West violated the city's Internet policy and state law, according to a new report.

In the 18-page report, Mark Busto, who is also a lawyer, concluded that the mayor broke state law by offering a position on the city's Human Rights Commission to a young man he pursued for a sexual relationship. West also violated the city's personnel policy on Internet access by "frequent and extensive use" of his city computer to browse pictures of men posted at Gay.com, according to the report. An account of the report was carried in Saturday editions of The Spokesman-Review.

Busto concluded that West used his city-owned computer during the workday to view profiles and pictures of gay men posted at the Gay.com site. The mayor, who faces a December 6 recall election over the sex scandal, has repeatedly denied using his office for personal gain and notes he has not been charged with any crime. He has also denied using his city computer to visit the Gay.com Web site during the workday.

"I find that Mayor West has engaged in a pattern and practice of linking discussions of sex with young men online with offers of city positions, both paid and unpaid," Busto said in his report.

West denounced the report and its conclusions Friday night, saying it is politically timed to influence voters. Ballots for the recall election were mailed Friday. "He's not a judge, he's not a jury," West said of Busto. "I don't think a jury or a court of law would come to the same conclusion."

Also Saturday, a poll commissioned by KREM TV and The Spokesman Review newspaper showed voters holding virtually the same positions noted in a late October survey. The new poll by Research 2000 found 62% of voters would support West's removal from office if the election were held now, with 29% opposed and 9% undecided.

A total of 1,100 people were called for the poll, which had a three percentage-point margin of error.

The mail-in recall ballots contain a 119-word charge alleging that West used his elected office for personal benefit by offering an internship with the expectation of sexual relations to someone he thought was an 18-year-old man he met in a gay-oriented chat room. The mayor's 237-word rebuttal is included on the ballots.

The council hired Busto, a Bellevue attorney, in September after West refused to heed earlier council votes calling for his resignation. Under the current city charter, the city council doesn't have the power to impeach or remove the "strong mayor," the city's chief executive. (AP)