QUILCENE — The state Supreme Court will meet June 7 to determine the final language for a petition calling for the recall of two Quilcene Fire District commissioners.
Fire Commissioners David Ward and Michael Whittaker are the subjects of a recall action, with accusations leveled last June that the two commissioners misused district funds and falsified meeting minutes.
Recall organizers filed an appeal with the state Supreme Court asking it to reinstate three of the recall charges that were struck down by Kitsap County Superior Court Judge Anna Laurie in October.
On March 5, the court received a request for a 30-day extension from the March 22 deadline from Poulsbo attorney Shane Seaman, who is now representing Whittaker and Ward after James Hanken, who had represented them since August, withdrew from the case.
Seaman also requested he be allowed to present additional oral arguments when the court hears the case.
Attorney Peggy Ann Bierbaum, who is representing plaintiffs Linda Saunders and Harry Goodrich in the recall action, responded that the case had gone on long enough.
“Respondents should accept the responsibility of changing counsel so long after the matter was commenced,” Bierbaum wrote. “Recall petitioners have the right to have this process expedited by statute and put before the voters in a timely fashion.”
On Wednesday, the court responded, giving Seaman an eight-day extension to file his brief and indicating that no additional arguments will be heard, which recall proponents saw as a victory.
“Normally, the courts grant any extensions that are requested,” Bierbaum said. “But they have used every delaying tactic in the book.”
Neither Hanken nor Seaman responded to a call for comment.
On Friday, Whittaker said the change in counsel “looked like it was going to work out better” for the case.
Bierbaum, who is working pro bono “because I am part of the Quilcene community” estimates she has spent about 200 hours on the case.
Whittaker and Ward have been under fire for more than a year over allegations of impropriety having to do with the creation of a chief operating officer job for the district and the hiring of Ward for that position.
In October, Kitsap County Superior Court Judge Anna Laurie ruled that the charges that Whittaker and Ward participated in the falsification of meeting minutes were sufficient and were enough to allow the recall to proceed.
Laurie ruled that three of the four counts of the original recall action were insufficient.
The Supreme Court will determine if those charges should be restored.
The process is taking a toll on the community and the fire department, according to recall supporter Kit Kittredge.
“People are mad at each other; they aren’t talking to each other,” she said.“Once this is decided, there will still be some grudges, but it will have been decided by a third party.”
Kittredge said the situation could have been avoided if Whittaker and Ward “had taken the high road” and resigned, and then run for re-election when the charges were explained.
“This is no less critical than it was when it started,” she said. “We still have two commissioners who have done something that could be worthy of their recall, and the voters need to be able to weigh in about this.”
Kittredge said the situation has caused a decline in morale at the fire department and hindered the ability to find a permanent chief.
“This is like a wound that has turned into a scab and keeps getting picked open,” she said. “It needs to have the opportunity to be healed over.”
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Jefferson County Reporter Charlie Bermant can be reached at 360-385-2335 or charlie.bermant@peninsuladailynews.com.
