PORT TOWNSEND — A recall action against two Quilcene Fire commissioners will be heard in Jefferson County Superior Court on Tuesday.
The hearing will begin at 9:30 a.m. in the Jefferson County Courthouse, 1820 Jefferson St., Port Townsend.
A citizen’s group initiated the action against Commissioners Mike Whittaker and David Ward, claiming the two falsified meeting minutes and acted illegally by creating a job for Ward.
The two commissioners hired Seattle attorney James Hanken to represent them after the board decided that it would be a conflict of interest for them to use the district’s regular attorney.
Hanken said Tuesday he did not want to comment specifically about the case until after he submits paperwork to the court.
“It is not in my clients’ interest to discuss the case at this time,” he said.
“I can say that our case will be straightforward and will address what we feel to be a petty challenge.”
Superior Court Judge Craddock Verser is undergoing cancer treatment, but he would have recused himself if the case came before him, he said Saturday.
The case will be heard by Court Commissioner Keith Harper, who will decide whether the recall action has merit.
If he rules it can go forward, those supporting the recall would begin gathering 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.
Proponents would need to gather 194 signatures for Whittaker and 179 for Ward to have the recall placed on a special election ballot.
The election would occur within 30 days of the submission of the petitions.
If Harper rules the case has no merit, the commissioners will serve out their terms, Ward until 2013 and Whittaker until 2015.
Harper’s ruling also will decide whether the Quilcene Fire Department pays Whittaker’s and Ward’s attorney fees.
If the recall is approved, then the two commissioners will be liable for their own fees.
If it is rejected, they will be reimbursed up to $8,400.
If the recall action is approved, it will be taking place at the same time the district is searching for a new chief to replace Robert Low, who resigned in June due to differences with Whittaker and Ward.
Commissioner Debbie Randall said the search is in process, with 12 people having requested job description packets and one already returned.
The deadline for applications is Aug. 31, she said.
Randall said she hopes the recall action will affect the district “as little as possible” as the search continues.
She said there have been positive steps in the district in the past few months, including strengthening the resident program and providing new training opportunities.
“[Acting Chief] Moe Moser has told us that he will have the district running smoothly by the time the new chief is in place,” she said.
The recall 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.
