Judge will rule on recall petition

EVERETT – A Snohomish County Superior Court judge will conduct a hearing July 15 to determine whether sufficient grounds exist for a public vote on a recall of a Lake Stevens Drainage Improvement District 8 commissioner.

The petition, filed by Leland and Kathy Ripley of Lake Stevens, accuses commissioner Robert Carkeek, 59, of violating his oath of office and committing misfeasance and-or malfeasance in office.

Carkeek was elected to the district board last year after running on a campaign to reform or abolish the drainage district. He claims that his property, which is within the district, should be exempt from drainage assessments. The district disagrees.

Snohomish County deputy prosecutor Rebecca Wendling filed a synopsis of the recall charges that would ask voters if Carkeek should be recalled from office for:

* Failing to pay assessments on his property for 2002, 2003 and 2004 until this year, after the district threatened to foreclose on his property.

* Failing to pay his 2005 assessment until the other two commissioners voted to withhold paying his stipend for attending district meetings.

* Violating state law by seeking to use his elected office to have district staff review his property for an exemption.

* Seeking to avoid questions at the Jan. 13 district meeting regarding his failure to pay his assessments by shouting and disrupting speakers, thereby violating their constitutional rights to free speech and to petition the government.

* Seeking by claiming harassment to obtain a court order to prohibit the Ripleys from attending district meetings, thereby violating their constitutional rights.

District commissioners Jim Steinruck and Ken Withrow asked Carkeek to resign. He refused.

The Ripleys, who are neighbors of Carkeek and have an ongoing boundary dispute with him, filed the recall petition after he refused to resign.

Carkeek has declined to comment to The Herald.

Reporter Cathy Logg: 425-339-3437 or logg@heraldnet.com.