QUILCENE — The two Quilcene fire commissioners who are facing recall have retained an attorney to defend them in that action.
Petitions against Commissioners Mike Whittaker and Dave Ward are scheduled to be heard in Jefferson County Superior Court on Friday.
Attorney James Hanken has filed a motion for continuance so he can get up to speed on the case.
The motion was filed Friday afternoon; Hanken said he hopes it will be decided Tuesday.
Hanken was retained Thursday after attorney Malcolm Harris, who usually represents the district, informed the board that it would be a conflict for him to represent Whittaker and Ward.
“I would like some time to familiarize myself with the case and provide my clients with the best possible defense,” Hanken said.
At a special commissioner meeting called to discuss the recall, the commissioners voted to reimburse Whittaker and Ward up to $5,000 each for their legal fees if the action is dismissed and no recall occurs.
If the recall proceeds, the two would be responsible for those legal fees, according to commission Chairwoman Debbie Randall.
Randall said she did not know where the money would come from if Whittaker and Ward are to be reimbursed.
The approval for the reimbursement was made at Thursday’s meeting, where Randall moved to approve the allocation for Ward and Ward recused himself.
Whittaker seconded the motion, which was passed.
Then, Randall moved to approve the action for Whittaker, who recused himself, and Ward seconded the motion, which then passed.
“There is the appearance of a conflict of interest here, but the alternative was to do nothing at all,” Randall said.
Hanken said he would like to get at least a week to prepare for the defense of Whittaker and Ward but that any hearing would need to be scheduled when a visiting judge is in place.
The Friday date was selected because a visiting judge already has been scheduled on that date.
The Quilcene Fire Department has been troubled by allegations of improper conduct by Whittaker and Ward over the board creating an $800-a-month job for Ward in January 2010.
The recall action was filed June 30 by attorney Peggy Ann Bierbaum after several citizens confronted Whittaker and Ward, stating the intention to file a recall petition if the two did not resign.
Whittaker and Ward stayed put, and the filing was amended July 14 to include additional charges against Ward.
According to the filing, Ward falsified the minutes of a meeting to indicate an agenda item had been addressed when it had not.
The motion states Ward gave orders to falsify meeting minutes to indicate that the district had entered Ward into the Washington State Public Employee Retirement System when that action had not taken place.
If the petition is approved, recall supporters must gather signatures equal to 35 percent of the votes cast for the race in the last election.
Both commissioners were unopposed in their last election, with Whittaker receiving 554 votes in 2009 and Ward receiving 510 votes in 2007.
For a recall election to go forward, proponents would need to gather 194 signatures to recall Whittaker and 179 to recall Ward.
The recall actions will be placed on the ballot for a special election, which could occur within 30 days of the submission of the petitions.
The actions will be separate.
Should one commissioner be recalled, the other two would select a replacement.
Should both be recalled, the county commissioners would appoint one replacement, who would select the second replacement with Randall, according to state law.
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Jefferson County Reporter Charlie Bermant can be reached at 360-385-2335 or at charlie.bermant@peninsuladailynews.com.
