School board recall in works

MARYSVILLE — For weeks leading up to the Nov. 4 general election, small hand-made "Erase the board" signs popped up across the Marysville School District.

Incumbents Mark Johnson, Erik Olson and Cary Peterson lost at the polls but some school board critics want a clean sweep.

They have been working behind the scenes on a recall campaign aimed at ousting board members Helen Mount and Ron Young, who did not face re-election.

The group has not filed paperwork with the Snohomish County Auditor’s Office. But in e-mails with The Herald, the group said it has consulted an attorney but won’t make any public comments, including whether it will follow through and file the petition and on what grounds, until it is ready.

Recall campaigns are difficult because of the legal requirements that must be met, County Auditor Bob Terwilliger said.

"We get (recall) questions all the time, but pursuing it in any way, shape or form is another thing," Terwilliger said.

Young has heard rumblings of a recall campaign, including a reference from the audience at a recent school board meeting, but said it does not concern him.

"I know they would like to recall me to get me off the board," Young said. "I don’t think I have done anything legally wrong that merits recalling me. My goal right now is to emphasize student achievement."

The school board came under heavy criticism during the state record 49-day teachers strike and when it extended Superintendent Linda Whitehead’s contract for a third year earlier this month.

The district is also facing declining enrollment, partly caused by the strike, which has left a $2 million shortfall in the $82.25 million budget it approved in August.

Mount said she believes she has been on solid legal and ethical grounds as a member of the school board.

"If people want to spend their money, this is a democracy, and they have that right," she said. "There are people who believe in their cause … I’m not going to take it personally."

The last successful recall in Snohomish County was more than a decade ago, Terwilliger said.

In Washington, it is a process that includes the courts and the polls.

Once a recall petition is filed with the auditor, it is forwarded to the prosecuting attorney’s office for review, and a hearing is set within 15 days in Superior Court. A judge is then asked to determine if the allegations against the public officials, whether true or not, are acts of misfeasance or malfeasance. The judge also must decide if the elected officials took actions that violated their oaths of office.

The state’s recall law describes malfeasance as "an unlawful act" and misfeasance as "performance of duty in an improper manner."

If a judge allows the recall to go to the ballot, backers of the measure must obtain signatures of 35 percent of the total number of people who voted in the election when Mount and Young were elected. In the case of Mount, that would be about 3,500 signatures. In the case of Young, it is about 4,330.

If enough signatures are gathered, the recall question is placed on a ballot with both sides making written statements for voters to consider.

It is a process that can take months, Terwilliger said.

Ultimately, voters decide the veracity of the allegations.

"It’s really up to the voters to decide the truth question," Terwilliger said.

Accountability and Integrity for Marysville Schools — a district watchdog group that formed during the strike — is not the organization behind the recall effort, although some of its members may independently be taking part, said Darci Becker, an AIMS founder.

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

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