In re Recall of Sun

Summary

The Washington Supreme Court affirmed the trial court's determination that two recall charges against Pacific Mayor Cy Sun were factually and legally sufficient for submission to voters. The charges concerned using the city police department as a personal police force and jeopardizing the city's liability insurance coverage through conduct associated with vacant department-head positions. The court also affirmed dismissal of additional recall charges as redundant, vague, or otherwise insufficient.

Holdings

1. A recall petitioner may satisfy the statutory knowledge requirement without firsthand knowledge when the petition is supported by firsthand witness declarations and documentary evidence identifying the people and conduct involved.
2. The charge alleging that Sun directed Pacific police officers to investigate critics and matters outside the city's jurisdiction was factually and legally sufficient for submission to the voters.
3. The charge alleging that Sun jeopardized the city's liability insurance coverage by failing to fill vacant department-head positions was factually and legally sufficient for submission to the voters.
4. When a recall petition challenges an elected official's discretionary act, the petition must allege that the official exercised discretion in a manifestly unreasonable manner.
5. The charge alleging that Sun impeded the proper functioning of city government was redundant of the insurance-coverage charge and was properly dismissed; the Valentine Road Project charge was factually and legally insufficient and was also properly dismissed.

Questions Presented

1. Whether the recall charge alleging that Sun directed Pacific police officers to act as his personal police force was factually and legally sufficient.
2. Whether the recall charge alleging that Sun jeopardized the city's liability insurance coverage by failing to fill department-head positions was factually and legally sufficient.
3. Whether the additional recall charges concerning impairment of governmental functioning and the Valentine Road Project were factually and legally sufficient.
4. Whether the recall petitioner had sufficient knowledge of the acts alleged in the petition.

Disposition

affirmed