Knowing the Waters

By Tim Schermetzler of CSD Attorneys at Law P.S.

Last month, at the Annual Meeting, WPPA honored an impressive list of new WPPA Life Members at Friday morning’s Awards Breakfast.  Among the awardees was long-time WPPA General Counsel and author of Knowing the Waters – Frank Chmelik.  As I take on the General Counsel role for WPPA, the large shoes Frank left for me to fill are ever apparent, and it seemed fitting that we take some additional column inches this month to honor Frank and his contributions to WPPA and Washington Ports.

Frank began practicing law in 1982 as an officer in the United States Army Judge Advocate General’s Corps at Fort Lewis.  After a brief time working for a Seattle law firm, Frank moved to Bellingham where he co-founded the firm that is now CSD Attorneys at Law.  In 1987, Frank first began representing the Port of Bellingham with his then law partner, Steve Mura.  After Steve Mura left the private practice of law to serve as a Whatcom County Superior Court Judge, Frank continued to build the practice and in 1998, established Chmelik Sitkin & Davis P.S. with Jon Sitkin and Richard Davis.  Over time, Frank started representing ports all over Washington and took a more active role in the WPPA.  Along the way, Frank introduced new generations of lawyers, including myself, to the port industry and port law.  Then, in 2011, past WPPA President Eric Johnson asked Frank if he’d take on the WPPA General Counsel position, a capacity for which Frank continued to serve until December 2024.

Frank’s enduring legacy is perhaps best captured by WPPA members’ stories and kind words which were shared with me as I prepared this article.  Common themes among the many comments shared with me were Frank’s business minded legal advice and sense of humor.  Frank took the law and representing ports seriously, but he also wasn’t afraid to joke around, including in one instance donning a multi-colored wig during a presentation on the then newly enacted recreational marijuana regulations.  Frank’s jokes and anecdotes helped break down often convoluted legal principles in a manner that people could apply and remember.

This article would be far too long if I included all the kind words, thanks, and stories about Frank.  Indeed, a unifying message from all the people who responded to me requesting content for this article was that there is no brief story about Frank.  I took the liberty to select a few remarks from WPPA members around the state highlighting his significant contributions to Washington Ports.

Commissioner Ken Bell from the Port of Bellingham described Frank as:

Immeasurable value.  Frank has the unique gift of having an entrepreneur or businessman’s mind wrapped in a legal degree.  He was capable of understanding the reality of making the business decision with the proper framework.

Every inch of waterfront and every piece of Port property in Bellingham has Frank’s wise counsel.  None of what was accomplished over the last 30 years would have been the same without his guidance.

The kindest, most intentional man I know.  Truly gifted at conveying what needs to be conveyed when it is appropriate and impactful.  Always with an anecdote that, if you’ve known him for a while, you’ve heard several times but not in this context.  Frank looks you in the eye, pays attention and truly cares about you, not just your problem.

Commissioner JC Baldwin from the Chelan Douglas Regional Port Authority and past WPPA Board President said this of Frank:

You are never reticent to pick up a call from Frank because you just know it’s going to be fun….no matter the topic, seriousness, or liability!  Frank is collaborative, a team player, not a bit territorial and sees all ideas as good ideas.  His stories are fascinating, and usually lead to considering a different perspective on a previously discussed situation or subject.  Frank is simply the best and will be missed!

It began with Frank leading the effort of a citizens advisory committee to discuss the future of Pangborn Memorial Airport and ended with an innovative adventure.  The Port of Chelan and Port of Douglas shared ownership of the airport.  Frank saw an opportunity to functionally consolidate the two ports, creating a stronger organization that would support the airport and more impactfully represent the communities they served.  It has been an incredibly successful endeavor.  The Chelan Douglas Regional Port Authority is grateful for Frank’s experience, insight, and his genuine commitment to the success of Washington State Ports.

Jim Rothlin, Chief Executive Officer at the Port of Bremerton commented that:

Frank was instrumental in negotiations of two projects that our Port was working on with the FAA.  I am not sure I would have received advice from anyone else that would have helped with the success of both projects.

When I had a difficult question, Frank would always start by quoting the RCW that might be a limiting factor to the subject at hand.  Then I would always wait until he would follow the legal explanation with… “However…” and then I knew there was a way to get through it.

Dan Stahl, Chief Executive Officer at the Port of Longview worked with Frank at several ports during his career in the port industry and reflected on his times working with Frank saying:

I’ve worked with Frank at three ports.  First at Anacortes (where he replaced Les Johnson after his passing.  Bonus points to WPPA readers who can remember what other lifelong contributor to Washington ports Les was married to {Cynthia Weed}).  Next was on Frank’s home turf at the Port of Bellingham, and lastly at the Port of Longview, where I continue to work.

Frank’s superpower also came in a three pack.  First and most importantly, he is able to work with a client to see through the noise, the fog, and the emotion of a conflict to get to the heart of the port’s true, defensible interests.  Once this was surfaced, Frank would swivel his attention to opposing counsel and work the same process.  He then worked to align these two interests to drive toward a durable solution.  This integrative work was done with a mixture of specific legal skill, a good measure of humor, and an understanding of how Port Directors and Commissioners worked together for the common good of the port.

My favorite example of Frank’s work is when I brought him in while I was the port director in Anacortes.  The port was in the seventh inning of a lengthy, divisive, and expensive dispute over the port’s General Aviation airport.  The port was seemingly locked into conflict between the City of Anacortes and the FAA over safety, zoning, and development issues at the airport.  Over the course of two tumultuous years, through a contested election, Frank was able to work his magic which eventually led to a tri-party agreement approved first by the City, then the FAA, and lastly by the Port.  This agreement was reached in 2005 and holds to this day.

Dan summed up many of the comments about Frank citing a quote:

President Lincoln once said that humor was his life-preserver in dark times.  Frank’s wit serves much the same purpose, but with characteristic modesty, he’d probably quote C.J. Young: “A good lawyer knows the law; a great one remembers to laugh at himself along the way.'”

While Frank is stepping away from serving as WPPA’s General Counsel, now as a Lifetime Member, I’d be willing to bet Frank will still make regular appearances at WPPA conferences and give us all some more opportunities to laugh with him along the way.  Thank you Frank.

Special thanks to all the WPPA members who shared stories and contributed to this article. If you have a question for Knowing the Waters, please e-mail me tschermetzler@csdlaw.com.