SHORELINE — With recount results giving Janet Way a victory in the race for Shoreline City Council Position 3, she was sworn-in at City Hall on Monday amid much confusion.
“I have a right to be sworn-in,” Way said. “The voters elected me.”
Machine recount results indicated Way won the race against incumbent Paul Grace with a 61-vote lead, but city officials were unsure whether Way could be sworn-in immediately.
Grace was appointed by the Council two years ago to fill the remainder of Linda Montgomery’s term and Way contended that state law says a candidate elected in such a situation should be sworn into and assume office as soon as the election is certified.
Way was eventually sworn-in to fill the remainder of Montgomery’s term, which expires Dec. 31. She will begin serving her term on Jan. 1.
“There is some confusion about the meaning of certified,” Way, 55, said before being sworn-in. “My opponent was sworn-in within an hour of being appointed.”
Way called the city clerk Monday morning requesting to be sworn-in and arrived at City Hall at about 10 a.m. She waited with about 10 supporters, including Cindy Ryu, who will take a seat on the council in January, and Lila Smith, chairwoman of the 32nd District Democrats. Meanwhile, city manager Steve Burkett determined whether she could be sworn-in.
“The city manager says he needs to talk with Dean Logan,” Way said on Monday. “Apparently, he is not aware that I was elected on Friday, and not only elected, but am a council member.”
Burkett conferred with King County Elections director Dean Logan and Shoreline city attorney Ian Sievers, then announced that Way could be sworn-in. Burkett said the city clerk’s office was taken by surprise by Way’s request and had not yet researched applicable state law. Burkett said Way was certified as being elected to complete Linda Montgomery’s original term, which Grace had filled for two years.
“Under an obscure provision of state law, a person who is elected takes over as council member as soon as they are certified,” Burkett said. “Janet came in this morning and we had to research state law and determine what certified means.”
A few documents were presented by Way and her advisers to city staff, Burkett said, which were not adequate. Logan sent a certificate of the canvassing board and will soon send a formal certificate of election, Burkett said.
“A council member only acts as a part of the council and as a majority of the council,” Burkett said, “so that is why I felt comfortable taking at least an hour to research the law and make sure we had the documentation that was certified.”
Way will serve at her first Council meeting on Monday, Dec. 12. She will be sworn-in a second time, on Jan. 3, with the other newly elected Council members, Ryu and Keith McGlashan, and Ron Hansen who was re-elected. New four-year terms begin on Jan. 1.
“Next Monday, she will replace (Grace),” Burkett said. “She is officially the city council member for that position now.”
Grace, 59, said he was displeased with Way’s actions and he expected her to act more professionally during the transition into the position. A phone call would have been the proper action to take, he said, before Way requested to be sworn-in.
Grace also was not aware that Way could take office immediately and was notified only after someone left him a message telling him Way was being sworn-in.
“I was anticipating to wish her well and provide her with materials to ease the transition,” Grace said. “And quite honestly, yesterday’s actions were a slap in the face.”
Grace is considering paying for a manual recount, which he said a number of community members support. He is trying to weigh his options and had to decide by Wednesday, Dec. 6, after The Enterprise deadline.
If he does go forward with a manual recount, Grace said it would cost 25 cents for each ballot and his campaign must deposit $4,000 to cover the cost. If the outcome changes, he would be reimbursed.
“To be treated like that is very unprofessional and not consistent with the behavior we should expect,” said Grace, who also has served as a Shoreline School District Board member. “I expect council members to be people who communicate well and there was no communication either with the city or me personally.”
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