In re the Recall of Young

Summary

The Washington Supreme Court reviewed whether recall petitions against two Marysville School Board members stated legally sufficient charges. The court held that allegations that the board members knowingly and willfully violated a collective bargaining agreement, causing substantial financial harm, could constitute misfeasance or malfeasance and a violation of the oath of office. The superior court’s decision allowing the petitions to proceed to the signature-gathering phase was affirmed.

Holdings

1. A recall petition is legally sufficient when it states with specificity substantial conduct clearly amounting to misfeasance, malfeasance, or violation of the oath of office. Allegations that elected school-board members knowingly and willfully violated a collective bargaining agreement and thereby unnecessarily caused substantial financial harm may satisfy that requirement.
2. At the recall-petition sufficiency stage, courts perform a gateway function by determining factual and legal sufficiency but do not determine whether the allegations are true.

Questions Presented

1. Whether the recall charges alleging that Young and Mount knowingly and willfully violated a collective bargaining agreement, causing substantial unnecessary financial harm, were legally sufficient under Washington's recall statute.
2. Whether the recall charges stated conduct amounting to misfeasance, malfeasance, or violation of the oath of office rather than merely an exercise of lawful official discretion.

Disposition

affirmed