Port Orchard council adopts statement saying Fenton’s oral resignation was effective; confidentiality waived

The Port Orchard City Council voted to waive the confidentiality of a recent executive session and adopt a publicly released statement saying Council Member Fenton tendered an oral resignation during a June 16 meeting and that the resignation became effective by operation of law.

Mayor Pro Tem (Council Member Morrissey) moved to waive confidentiality so the council could incorporate details from the executive session into a public statement; the council called the question and the motion carried. The council then moved to adopt the statement drafted by counsel, which recounts that Ms. Fenton "tendered oral resignation during the meeting on June 16th, 2026," that she later expressed regret, and that the council would follow applicable laws and procedures to fill the resulting vacancy.

Council Member Dedman read into the record an email she had sent to the city attorney saying she believed the council relied on executive-session disclosures to call the special meeting and that doing so would violate RCW 42.23.070 and ethical obligations. Dedman said, "Because Council Member Fenton has formally stated that she did not resign, there is no lawful vacancy," and that she intends to submit a formal complaint to the State Bar Association if confidential information was used improperly.

City Attorney Ms. Archer responded that legal advice provided to the council supports the conclusion that the oral resignation was valid, saying counsel advised that "resignation is an operation of law as soon as it's said, it's done," and that the council had not reached conclusions about the underlying allegations before the resignation became effective. Ms. Archer said the council could later consider reappointment but that the resignation itself was effective when uttered.

After discussion, the council approved the statement. Council Member Dedman registered her opposition on the record; other members voiced support. The council recorded the vote by roll-call responses after calling for the question.

The council’s action makes the seat officially vacant and directs the clerk to follow the municipal-code process for soliciting applicants for appointment. The council did not adjudicate the misconduct allegations referenced in the statement; the statement notes those allegations were not adjudicated at the time of the resignation.

Next steps: the council directed the clerk to publish an applicant notice and proceed with the vacancy process under municipal code; the clerk provided a proposed timeline for publication and interviews.