PORT TOWNSEND — Two Quilcene Fire District commissioners plan to appeal a ruling allowing a recall action against them to proceed.
The recall action, initiated by two Quilcene residents, alleges improper conduct by Commissioners Mike Whittaker and Dave Ward.
After an Aug. 12 hearing before court Commissioner Keith Harper — who was substituting for Jefferson County Superior Court Judge Craddock Verser, who is undergoing cancer treatment — Harper ruled Aug. 18 that the recall can proceed.
That decision was challenged by attorney James Hanken, who is representing Whittaker and Ward.
Hanken did not return calls for comment Wednesday.
Before the appeal can proceed, Harper’s decision must be certified by an elected judge, after which time it can be appealed to the state Supreme Court.
Plaintiff’s attorney Peggy Ann Bierbaum said she expected the action when Harper issued his opinion.
“We all knew this could happen,” she said.
“We approached it with our eyes open.”
Plaintiff Linda Saunders of Quilcene said the delaying action would be unsuccessful.
“The recall will go ahead,” she said.
“Just because they want an appeal, it doesn’t mean the results will change.”
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.
Recall proponents allege that Ward gave specific instructions that meeting minutes be falsified and that he created and served in the chief operating officer position to qualify for state retirement benefits.
While Harper’s decision needs to be refuted or reinforced by an elected judge, a hearing is not required, and that judge could be anywhere in the state, said Jefferson County Superior Court Clerk Ruth Gordon.
Superior Court Administrator Michelle Moore, who was not in the office Wednesday, will need to find a judge to hear the case, Gordon said.
Both commissioners were unopposed in their last election, with Whittaker receiving 554 votes in 2009 and Ward receiving 510 votes in 2007.
In July, the fire commissioners voted to allocate $8,000 for Whittaker and Ward’s defense against the recall that would be reimbursed to them if the recall was not approved.
In the case of the recall being approved, the two commissioners were to be liable for their legal expenses both before and after the decision, though no consideration was made for the possibility of an appeal, according to Commissioner Debbie Randall.
For a recall election to go forward, proponents must gather 194 signatures to recall Whittaker and 179 to recall Ward.
The actions are separate, so one recall could be approved while another is not.
If voters do not approve recall of the commissioners, they would serve out their terms.
If one is recalled, a replacement would be chosen by the commissioner who was not recalled, along with Randall.
If both are recalled, the three Jefferson County commissioners would name one replacement, who would work with Randall to choose the second replacement.
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Jefferson County Reporter Charlie Bermant can be reached at 360-385-2335 or at charlie.bermant@peninsuladailynews.com.
