Tuesday, February 26, 2008

Spinach, pet food, beef and board members.

There is an alternative to waiting for the next election cycle: RECALL. It is a provision allowed in a democratic society. It's sorta like impeaching a federal official, but it's a tool reserved for the PEOPLE to make mid-course corrections in their local elective officials.

Choose the two or three most vulnerable board members and begin a recall campaign to remove them from office. Local papers would HAVE to report the movement; it is news, after all. With the recall campaign in the minds of the public, there would be a better opportunity to raise these ethical, if not criminal, missteps and affect change.


Thank you for the suggestion.

RCW 29A.56.110
Initiating proceedings — Statement — Contents — Verification — Definitions.
Whenever any legal voter of the state or of any political subdivision thereof, either individually or on behalf of an organization, desires to demand the recall and discharge of any elective public officer of the state or of such political subdivision, as the case may be, under the provisions of sections 33 and 34 of Article 1 of the Constitution, the voter shall prepare a typewritten charge, reciting that such officer, naming him or her and giving the title of the office, has committed an act or acts of malfeasance, or an act or acts of misfeasance while in office, or has violated the oath of office, or has been guilty of any two or more of the acts specified in the Constitution as grounds for recall. The charge shall state the act or acts complained of in concise language, give a detailed description including the approximate date, location, and nature of each act complained of, be signed by the person or persons making the charge, give their respective post office addresses, and be verified under oath that the person or persons believe the charge or charges to be true and have knowledge of the alleged facts upon which the stated grounds for recall are based. For the purposes of this chapter:
(1) "Misfeasance" or "malfeasance" in office means any wrongful conduct that affects, interrupts, or interferes with the performance of official duty;
(a) Additionally, "misfeasance" in office means the performance of a duty in an improper manner; and
(b) Additionally, "malfeasance" in office means the commission of an unlawful act;
(2) "Violation of the oath of office" means the neglect or knowing failure by an elective public officer to perform faithfully a duty imposed by law.

RCW 29A.56.120
Petition — Where filed.
Any person making a charge shall file it with the elections officer whose duty it is to receive and file a declaration of candidacy for the office concerning the incumbent of which the recall is to be demanded. The officer with whom the charge is filed shall promptly (1) serve a copy of the charge upon the officer whose recall is demanded, and (2) certify and transmit the charge to the preparer of the ballot synopsis provided in RCW 29A.56.130. The manner of service shall be the same as for the commencement of a civil action in superior court.

RCW 29A.56.130
Ballot synopsis.
(1) Within fifteen days after receiving a charge, the officer specified below shall formulate a ballot synopsis of the charge of not more than two hundred words.
(a) Except as provided in (b) of this subsection, if the recall is demanded of an elected public officer whose political jurisdiction encompasses an area in more than one county, the attorney general shall be the preparer, except if the recall is demanded of the attorney general, the chief justice of the supreme court shall be the preparer.
(b) If the recall is demanded of an elected public officer whose political jurisdiction lies wholly in one county, or if the recall is demanded of an elected public officer of a district whose jurisdiction encompasses more than one county but whose declaration of candidacy is filed with a county auditor in one of the counties, the prosecuting attorney of that county shall be the preparer, except that if the prosecuting attorney is the officer whose recall is demanded, the attorney general shall be the preparer.
(2) The synopsis shall set forth the name of the person charged, the title of the office, and a concise statement of the elements of the charge. Upon completion of the ballot synopsis, the preparer shall certify and transmit the exact language of the ballot synopsis to the persons filing the charge and the officer subject to recall. The preparer shall additionally certify and transmit the charges and the ballot synopsis to the superior court of the county in which the officer subject to recall resides and shall petition the superior court to approve the synopsis and to determine the sufficiency of the charges.


I will discuss this with the blog's legal counsel.

9 comments:

Anonymous said...

My concern: I think most/all of the work on the recall would fall on the shoulders of Mark and crew. I think a lot of people read the blog, but based on the number who showed up at the Brier meeting (or based on the number of people who didn't respond positively to your request to have someone ask for documents from the school district)--I think most of the blog members prefer/need to remain anonymous.

Anonymous said...

To paraphrase Marilyn Ferguson, “On the other side of every fear is a freedom.” There will be a time when the current staff will need to speak up to make a change or none will be had. Ask yourself; can you bear it if things remain the same? It is absurd to think that a handful of people could hold a whole organization hostage. I know it sounds easier said than done but truth be told, there is strength in numbers. This I learned, from my labor organizing ancestors.

Anonymous said...

When the EEA hides behind "professionalism" and refuses to aknowlege much less address issues, what is the likelyhood of recall being a success? The reps will side with the District and the membership with the reps, declaring that all is well.

Anonymous said...

This one is a "hard call". The unions certainly seem to side with the District; EEA, PSE. In my situation, the lawyer from PSE knew Debby Carter and they chatted about "old times" while I sat there in amazement. The issues of concern in the weblog are intense and the process will be difficult to prove but I applaud Mark for taking on such a huge project; it shows that he is passionate and cares about the taxpayers and the employees of the Edmonds School District who have been unfairly treated, including himself. In regard to the Town Meeting at BTM, I think folks were a bit confused about the reason for the meeting. I thought the legislators had been invited for the sole purpose of addressing the Weblog concerns. This was not the case and many other issues were discussed. Hopefully, in the future, we will be able to meet and discuss the issues of the blatant disrespect, bullying, lying, and dis-honesty that takes place in the Edmonds School District. Mark is amazing and I applaud him for his efforts and will continue to support him in any way possible.

Anonymous said...

I am seriously considering running for the School Board (Phillips position) in fall, 09. I will be retired by then and would have the time. But I would only do it in order to get a Blog member onboard. I don't want to become another Board member to just say "Aye". Hey, I think there's a slogan for me there--any ideas on that?

Anonymous said...

I recall nick.
nick just recall yourself please.
so we all can rejoice in your recall to some where far far away.
Marla you should just fire yourself! how can you face us?
you must think were ass stupid ass you. we might be ass stupid ass you if we let you get away with it!

Anonymous said...

I was researching the call in sick "wall of shame". Amazing what supervisors use for excuses not to come to work. I remember working a physical teamsters position with a walking cast (torn ligaments). I also continued to to play my team sports with broken fingers, broken cheeks, broken noses, and reconstructed joints. Maybe thats why I was captain of so many of my teams. I don't duck, or use pathetic excuses like those clown that think they know what the "high road" is. Now you have to face me again. Poor baby.

Anonymous said...

Nothing ventured, nothing gained.

I'm having trouble finding the right words for this without offending.

Those of you who work there and see, on a daily basis, what's going on and how people are treated, are you just going to sit there and take it? Either get some backbone or just sit there and be miserable. If you keep quiet, don't go whining for sympathy.

YOU are in control of your fate. The ONLY way anything will change is if you WORK TOGETHER.

If you are not willing to help yourself, neither Mark, nor I, nor anybody can help you.

Anonymous said...

If people demand change, it will happen.

The blog is full of enough facts and leading information that even the previously mentioned baboon could connect the dots.

Enough of the right people know the right things. How they decide to act or respond is entirely up to them.