JUDGES DECISION ON RECALL PETITION ON THE WAY

By Chris Cook - Forks Forum Editor

The future of a petition seeking the recall of Forks Mayor Nedra Reed may be determined this week.

Clallam County Superior Court Judge Ken Williams is making the decision.

On Thursday, Williams sought answers from Reed’s attorney Craig Ritchie of Sequim, and from a trio seeking approval for the recall petition.

The three recall supporters included Forks residents Tom Scott and Deanna DeMatteis, who were joined by Barb Cox, a former employee of the Forks Police Department. Scott was the main spokesperson for his side, and represented himself at the hearing.

Scott is a former sergeant in the Forks Police Department, and DeMatteis a former dispatcher. Both were fired on Feb. 28 along with Sgt. JoElle Munger. Munger is not involved in the recall effort and is not one of the signers of the recall petition.
Reed commented on the hearing in a call to the Forks Forum made Monday.

“The matter is in his hands, whatever decision the judge makes we will come back and decide what to do from that point on,” she said.

“The community needs to heal (from the recall controversy), and get  back to the basics of doing business,” she said.
The hearing consisted of Williams going through the seven charges included in the recall petition one by one, asking questions of both sides on each charge. All charges dealt with the Forks Police Department.

The judge also asked for opinions on the wording of a synopsis of the charges written by Clallam County prosecutor Mark Nichols. Nichols was limited by law to 200 words. The summary would appear on a special election ballot if the recall petition is approved and then signed by enough registered voters, and he is also responsible for approving the final wording.
Scott said his group approved the synopsis, while Ritchie said facts behind the charges, as well as the charges, needed to be included.

Ritchie’s main argument throughout the hearing Thursday was that the seven charges in the recall petition were all frivolous, and that Reed, while the top administrator of the City of Forks, bears no direct, personal responsibility for actions of those under her.

Reed offered an analogy on Monday to portray Ritchie’s argument: “You have the governor of the state of Washington. The governor is responsible for the state, as the council and I are responsible for the City of Forks. The governor isn’t truly responsible, for let’s say the training system of the state patrol?it’s a titular responsibility, not an operational responsibility.”
Scott, backed up by DeMatteis and Cox, countered Ritchie’s stand on all seven charges. Scott has apparently taken over the recall effort from Karleen Powell, the ex-wife of Forks Police Chief Mike Powell, who did not sign the recall petition.
Charges listed in the recall petition included Reed being responsible for the failure to recover missing police personnel files.
“This should have been investigated,” Scott told Williams, claiming it was a felony for an elected official.
The mayor is “sworn to follow law, but not enforce it,” Ritchie countered.

The second charge claims corrections officers without proper training are on duty guarding prisoners.
Scott characterized the corrections staff overseeing the Forks jail as “dangerously understaffed.” He claimed police staff must answer 911 calls, answer dispatch calls plus keep an eye on 40 prisoners.

Ritchie said employees are responsible for making sure they have completed necessary training, and that this area fell under the duties of the chief of police and the civil service commission, not the mayor.

Other charges made in the petition Williams went over included: failing to follow state law in disciplining Mike Powell for alleged sexual harassment within the police department; claims that DeMatteis and another dispatcher were intimidated in a possible case of illegal tape recording of the dispatchers while on duty; of misspending taxpayer dollars by hiring outside legal counsel instead of an outside agency for an internal investigation into allegations about Powell; and violating federal labor laws in the failure to pay former FPD officer Jim Dixon for after-hour care of a K-9 dog.

After the hearing, Scott said Ritchie was “looking for a technicality” in the overall line of his argument against approval of the recall petition.

If Williams gives the go-ahead to the petition, the group backing Reed’s recall would have to wait 16 days before collecting signatures and would need 233, or 35 percent of the 635 votes cast for Reed in her 2005 reelection. They would have 180 days to gather the signatures.

If enough signatures are collected on time, voters would decide in a special election if Reed would remain mayor of Forks.
Following discussion of the seven recall petition points, Ritchie attempted to bring into the hearing the question of repayment of attorney fees to the city if the petitioners were found to have filed it with what he called “malice.”

If the recall petition is rejected, Ritchie will likely move ahead with legal action against the signers of the petition to recover the City of Forks’ attorney fee payments.

Williams told him that was a subject beyond the scope of the hearing, but could be heard at a later date.

Posted April 16, 2008