Recall effort OK’d

A judge’s ruling Tuesday cleared the way for a recall campaign to proceed against Marysville School Board Members Helen Mount and Ron Young.

Recall backers say they are ready to begin gathering enough voter signatures to meet legal requirements to get it on the ballot this spring or fall.

Before they can, however, they must wait to learn if Mount or Young will appeal the ruling by Snohomish County Superior Court Judge George Bowden within the 15-day window allowed by state law.

No decision on an appeal has been made.

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The recall campaign is one of a series of acrimonious events within the 11,000-student district, which endured a 49-day teachers strike this fall — the longest in state history — and saw three incumbent school board members lose re-election bids in November.

The district still doesn’t have a contract with its teachers or classified employees and is facing a $2 million shortfall in the $82.25 million budget approved in August because of plummeting enrollment from the strike and a struggling economy.

On Tuesday, Bowden found there was sufficient factual and legal grounds for the recall election based on a school board decision last year to schedule a make-up school day for Feb. 14 even though it was a non-school day under its agreement with the teachers union.

Bowden dismissed several other allegations listed in the recall petition.

The decision to schedule the make-up day for Feb. 14, reached after consulting the district’s attorney, was made after teachers participated in a statewide rally in Olympia one month earlier on a day that had been scheduled for classes. Most teachers didn’t show up for school Feb. 14, and the district hired substitutes and entertainers, such as a juggler and snake expert, to occupy students’ time.

An arbiter sided with the 650-member Marysville Education Association, the teachers union, saying the district needed to pay the teachers for the lost day. It also cost the district $42,569 in attorney fees, $17,728 for vendors and $14,159 for substitutes, according to papers filed with the recall petition.

By state law, it was not up to the judge to decide if the allegations merit a recall. Rather, he had to decide, regardless of whether they are true or not, if they could constitute misfeasance, malfeasance or a violation of their oaths of office.

Mount said the board relied on legal advice before making its decision.

"I still think it was the right action for us to take," Mount said after the ruling. "But it really does send a dangerous message. There is not a school board member in this state who is free to make decisions based on legal counsel that can’t come back to bite them."

Young could not be reached for comment.

"I’m not sure that we will appeal it," Mount said. However, she said she wants to talk to Young first.

If the recall campaign succeeds, it would be up to the Marysville School Board to decide who would replace Mount and Young for the remainder of their terms, which expire after the November 2005 general election.

Bringing forward the recall petitions were Marysville residents Lisa Griffith, Shannon Bartlett and Deborah Vincelette.

"I think we accomplished a lot for other Marysville citizens who didn’t have the time, the energy or the money," Griffith said. "There are a lot of people who are frustrated."

By state law, they must gather signatures from 35 percent of the total number of voters who cast ballots in the elections Mount and Young won two years ago. For Young, about 4,340 are needed; for Mount, 3,500.

Griffith said the community has been reeling from the strike and other controversies, such as the Feb. 14 make-up day, and believes Mount and Young must be removed "in order to move on in the healing process."

"I’m hoping that Ron and Helen do the right thing and step down and then there is no (election) cost," Vincelette said.

Mount, who grew up in Marysville and has served on the school board for more than 10 years, acknowledged the ruling hurts.

"My biggest disappointment is I have served this community for so many years, but to be slapped in the face for all the time and energy I put into this system it’s a little bit difficult," Mount said. "All of this is about getting rid of a very good superintendent who will hold people accountable."

Mount was referring to Superintendent Linda Whitehead.

Bowden dismissed several other allegations, finding they didn’t meet the legal or factual threshold for a recall election. Those allegations included:

Failing to provide appropriate oversight of the district’s finances, accounting practices and record keeping, which contributed to a bad state audit.

Violating state collective bargaining laws, which contributed to the teachers strike.

Retaining Whitehead "despite knowing that Ms. Whitehead was unqualified."

Violating the state’s Open Public Meetings Act and conspiring to mislead the public by improperly issuing and changing the agenda when Whitehead’s contract was extended.

Reporter Eric Stevick: 425-339-3446 or stevick@heraldnet.com.

Helen Mount and Ron Young have 15 days to decide whether to appeal the decision to the state Supreme Court for a quick review.

If the decision stands or no appeal is filed, recall backers will have 180 days to gather enough signatures to place the recall measure on the ballot. For Young, about 4,340 are needed; for Mount, 3,500.

Voters would decide in an election either in the spring or fall whether the incumbents should be recalled.

If the vote is to recall, the remaining members of the Marysville School Board would pick their replacements. The appointments would serve the remainder of the incumbents’ terms, which expire after the November 2005 election.