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HomeMy WebLinkAbout1995 - Point Roberts Water District 4 John Lesow Resigned 6-13-95 Election was not Held) yob .- q D k - S16,61 a s � D � vi vL V f J r a. v Iti � ad� 33� - 7 % 7 j�77 Post-It'm brand fax transmittal mem�o+776671 #of pages P- TO p Fro" Co. Dept. Phone e14 Fax #aOCoa'�777 Post -It'' brand fax transmittal memo 7671 #of pages ► 8 T // 57 From Co.CZ d0i% d,, �9�� +1� Co.r lLr+a+sC.o sfa9 Dept. Phonnee # Fax # -341, 0 9P 775-Fax# ,3GG CASCRDE RICHMOND FAX 604-271-3657 PAGE 01 317 Madrorra. Place Point Roberts, WA 9U281-$104 ,tune 13, 1996 Mr. Qan Bourks District Manager Point Roberts Water District #4 2030 Benson Road Point Roberts, Washington 08281 Dear Dan: 1 hereby resign my position as Commissioner, Point Roberts Water District #A, effective Immediately. 'lours truly, fhnLeso.w co. Shirley Forslof, Audilor of Whatcom County; CC. Mr. Brian L. Hansen, P.S. Resik, Hansen and Follis IECEIiv SHIRLRSI 'WHATCOM COUNTY MAR 2 3 19! Post -it® Fax Note 7671 Date /��j� I #paged.✓�- ToCgAh �•y%1 .�dlnhe ACC From —O Y s — Co./Dept � p. Co Phone #��O 2— Phone # �D G%b _ 67yZ Fax #_3/ �(o �_ .2 7 Fax IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR WHATCOM COUNTY IN RE: ) THE RECALL OF JOHN LESOW ) POINT ROBERTS WATER ) PETITION TO APPROVE DISTRICT # 4 COMMISSIONER ) SYNOPSIS AND TO DETERMINE SUFFICIENCY OF CHARGES ) I. COMES NOW the preparer, RANDALL J. WATTS, in accordance with R.C.W. 29-82.021 and petitions this Court for a hearing so that this Court. may determine the sufficiency o£ the charges laid against John Lesow, Commissioner in the Point Roberts Water District No. 4 and to approve the synopsis which is certified to this court under separate document. II. Said Court shall set this matter for hearing within 15 days of receipt of this Petition in accordance with R.C.W. 29.82-023. Said Court. is -the proper forum i-ri that John Lesow is a Comnrlssinner for a Water District which is located in Point Roberts, Washington, said district. being within Whatcom Courity. - III 1. ; t, i t)'Tl -- 1. IV. That being true, this Court shall set a hearing date within the 15 day limit and shall direct the Clerk of the Court to notify the parties subject to recall as well as the party demandi.ng the recall. of the date, time, and place of said hearing. DATED this day of. March, 1994. Respectfully submitted, RANDAL TT5 WSB # 6314 Chief Civil eputy Prosecuting Attorney Office of the Prosecuting Attorney Whatcom County Courthouse 311 Grand Avenue Bellingham, WA ,8225 Phone: (206) 676-6940 Facsimile: (206) 738-2532 .-Petition-- 2 SYNOPSIS OF THE CHARGE It is alleged that John Lesow, Point Roberts Washignton District #4 Commissioner has committed malfeasance in office by using district property for his private benefit, by repeatedly using the district office phone lines and a photocopier to conduct his private business. The use of the phone line continued even after a request to stop and assurances that he would. This use interfered with district business by making the office inaccessible by phone while in use by Mr. Lesow for his private business. It is further alleged that he committed misfeasance in office by knowingly hiring a person to perform work for the district outside of the established procedures. And further, by implementing policy to the staff without first having that policy approved by the commission in violation of clearly established procedure. STATE OF WASHINGTON ss. CERTIFICATE OF SYNOPSIS COUNTY OF WHATCOM I, RANDALL J. WATTS being the preparer of the synopsis, hereby certifiy to the Whatcom County Superior Court that I am forwarding to the Court a true and correct synopsis of the charges that have been laid against John Lesow. In addition, I certify that I am transmitting with this synopsis a true document of the charges which have been laid against John Lesow demanding his recall. Said certification is made in accordance with R.C.W. 29.82.021. DATED this day of 1995. RANDALL J. WSB # 6314 Chief Civil De ty Prosecuting Attorney Office of the Prosecuting Attorney Whatcom County Courthouse 311 Grand Avenue Bellingham, WA 98225 Phone: (360) 676-6940 Facsimile: (360) 738-2532 -Certificate of Synopsis- WHATCOM COUNTYAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County March 13, 1995 DAVID S. MC EACHRAN Prosecuting Attorney MAR 141995 Whatcom County Bellingham, Wash. David S. McEachran Whatcom County Prosecuting Attorney Whatcom County Courthouse 311 Grand Avenue Bellingham WA 98225 RE: Demand for Recall of Water Commissioner John Lesow THIS IS TO CERTIFY that the attached is a true and correct copy filed in the Office of the Whatcom County Auditor, Bellingham, Washington on March 13, 1995 of the Demand for Recall of Point Roberts Water District #4 Commissioner John Lesow filed by S. J. Wallace of 528 South Beach Road, Pt. --Roberts WA 98281. Shirley Forsl Whatcom C unty Auditor Dated this 13th day of March, 1995. Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX WHATCOM COON YAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County MARCH 13, 1995 S. J. WALLACE 528 SOUTH BEACH RD PT ROBERTS WA 98281 RECEIVED FROM S. J. WALLACE STATEMENT OF RECALL PROCEEDINGS FOR THE RECALL OF PT ROBERTS WATER DIST. #04 COMMISSIONER JOHN LESOW RESIDING AT 317 MADRONA PLACE, POINT ROBERTS. SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR Anrlitnr - Arrniintinn Pprnrriino Flortinnc AAnt— Vnhirin I irnncino FAX RECEIVED SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR MAR 1 3 1995 528 South Beach Point Roberts, Washington 98281 March 13, 1995 Ms. Shirley Forslof Auditor, Whatcom County 311 Grand Avenue - P.O. Box 398 Bellingham, Washington 98227-0398 Dear Ms. Forslof: I am enclosing a formal Demand for the Recall of Water District #04 Commissioner John Lesow on the grounds that he has committed both malfeasance and misfeasance of office under the R.C.W. of the State of Washington. In support of the charges made in the Demand, I am enclosing copies of (a) a signed statement by Martin P. Mansfield and Kathleen M. Mansfield regarding the meeting of December 1, (b) a memorandum of June 18, 1994 from said John Lesow to the Commissioners and Staff of the Water Board #04, and (c) a memorandum of March 8, 1995 from said John Lesow to Water District #04 Commissioners Calder and Upton. Thank you for your prompt attention to this situation that is seriously 'impairing the operation of the Water District and contributing to considerable concern in our community. Should there be a need for additional information regarding this demand, I can be reached at my home in Point Roberts, telephone 945-2310. encs: Sincerely yours, S.J. Wallace RECEIVED SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR MAR 1 3 1995 DEMAND FOR RECALL OF 'CATER COMMISSIONER JOHN LESOW This demand for the recall of Point Roberts Water District #4 Commissioner o�`Rn Lesow is based on the following charges: 1. Malfeasance in that he did use District property for private benefit prohibited under RCW 42.20.010. (a) In January, 1994, shortly after taking office, Mr. Lesow did bring his own telephone into the Water District office and plugged it into the office telephone line, using the phone during office hours, after hours, and on weekends for private business calls, according to Water District Manager D. Bourks. (b) On September 7 and 14, 1994, Mr. Lesow used the phone to make business calls, using such terms as "hydraulic systems," "truck tail gates" and "arrival dates," terms not related to Water District business, but common to the hydraulic equipment he sells in his business. These conversations were noted by the Water District Secretary. (c) On November 3, 1994, Mr. Lesow was in the Water District Office from 7:50 a.m. to 10:30 a.m., using the telephone, calling 800 numbers in his personal sales business for the Cascade Corporation. These calls were witnessed by the Water District Secretary. (d) At the November 3, 1994, regular meeting of the Board' of Commissioners of Water District #4, Mr. Bourks, District Manager, requested that Mr. Lesow remove his telephone from the office. Mr. Lesow said that it would be removed at once. Next morning, November 4, 1994, Mr. Lesow was on his phone making a business call. The conversation clearly dealt with truck part terminology. (e) On November 3, 1994, a local contractor called the Water District Office and got repeated busy signals. As a last resort he called the Manager's home. The Manager was at home with a cold. The Manager testified that he then called the Water District Office and got a busy signal. He then went to the Water District Office and said that he found Mr. Lesow using the phone, making the line inaccessible for Water District business. (f) On December 1, 1994, the resignation of the staff was precipitated by the harassment of the District Manager Dan Bourks by Mr. Lesow. This harassment was recorded on tape and was also witnessed by visitors Martin P. Mansfield and Kathleen M. Mansfield (statement enclosed). It was only through the good offices and mediation of the Water District's Attorney, Mr.. Milne, that the staff agreed to remain. The legal cost of the mediation was over $6,000.00. (g) On March 6, 1995, Mr. Lesow wrote to Commissioners Calder and Upton, with copies to the staff, stating if the Commissioners allow the December 29 report from the Water District Counsel to be released to the public, he was withdrawing "any statements or promises made at the January 5 meeting to avoid confrontations at future Water Board meetings." (Copy enclosed). 2. Misfeasance in that he exceeded his authority as a commissioner. (a) In May, 1994, Mr. Lesow advised Manager Bourks that he was going to hire a man to cut the grass on the five -acre site of the Water District reservoir on Churchill Page 1 of 2 Street. The Manager told him that hiring had to be authorized at the next regular meeting of the Water District Board and gave Mr. Lesow a copy of the list of powers and responsibilities of commissioners as prepared by the Washington State Association of Water Districts, taken from the Revised Code of Washington. Mr. Lesow proceeded to hire a man to cut the grass without seeking permission from the Board of Commissioners. (b) On June 18, 1994, Mr. Lesow issued a directive (copy enclosed) to the Water Board Commissioners and Staff, assuming authority which resides only with the Board of Commissioners in session. He attempted to unilaterally impose rules of his own devising dealing with staff, commissioners, and the conduct of meetings. Additional Significant Facts John Lesow resides at 317 Madrona Place, Point Roberts. He does not have a telephone listed for his residence. He does not have an office or telephone in Point Roberts. He can, however, be reached by voice mail at 1-800-421-5887. The terms of the office of the Water Board Commissioners are as follows: Ron Calder's term expires December 31, 1995 John Lesow's term expires December 31, 1997 Claudette Upton's term expires on December 31, 1999. Respectfully submitted this 13th day of March, 1995. S.J. Wallace 528 South Beach Road Point Roberts, Washington 98281 Telephone: (360) 945-2310 STATE OF WASHINGTON) ) ss. County of Whatcom ) S.J. WALLACE, being first duly sworn upon oath, deposes and says that: I have read the foregoing Demand for Recall, and verify that the same is true and accurate. I believe the charges to be true and have knowledge of the alleged facts upon which the stated grounds for recall are based. ii/ f /-o , S.J. WALLACE SUBSCRIBED AND SWORN TO before me this 13th day of March, 1995. 1 C .•M �. .- y \S I NOTARY UBLIC in and fo the State of t •- r t � `.c �� Washington, Residing at �f ha My Commission Expires Z — —19= ' ' j ,'✓ Page 2 of 2 STATEMENT Reference is made to that certain Point Roberts Water District No. 4 (hereinafter referred to as the "Water District") public meeting on or about December 1st, 1994 at the Benson Road Firehall as between Water District commissioners Claudette Upton (hereinafter referred to as "Upton"), Ron Calder (hereinafter referred to as "Calder") and John Lesow (hereinafter referred to as "Lesow'), members of the community (hereinafter referred to as the "Public") and Glennys Christie of the All Point Bulletin, (hereinafter referred to as the "Press") wherein the Water Boards business is conducted in open meeting with participation of the Public and the Press. The undersigned as part of the Public in attendance at the above reference meeting did witness the following: An acknowledgement by Lesow that he in fact did use the Water District office for his own personal/business use constituting an act of malfeasance. An acknowledgement by Lesow that he in fact did use the Water District photocopier for his own personal/business use constituting an act of malfeasance. An acknowledgement by Lesow that he in fact did use the Water District telephone/telephone line for his own personal/business use constituting an act of malfeasance. Water District employees, Dan Bourks (manager) and Keri Aydon directed to Lesow the above acts of malfeasance in addition to claims of harassment and unlawful directives to Bourks and Aydon to wit Lesow called both Bourks and Aydon liars in the above referenced meeting in the clear presence of the Public and the Press constituting an act of malfeasance. Signed on the 27th D/ty of February, 1995 in Point Roberts, Washington. Martin P. Mansfield Resident of Point Roberts 5 1 eA, —� Kathleen M. Mansfield Resident of Point Roberts is ;'•:`', ,� TO: Commissioners/Staff FROM: John Lesow DATE: June 18, 1994 Effective Immediately, the following will apply to Commissioners and staff in the conduct of Water Board business: Staff 1. District Manager's reports to the Board will be written. 2. All staff will attend regular Water District meetings unless absence is excused. An absence will be considered "excused" If due to: a) Illness; b) a death in the immediate family; c) special circumstances nevi( yved and approved by the District Manager and majority vote of the Commissioners. Commissioners 1. Commissioners will document all phone conversations on Water District credit cards on the attached form, to be submitted at the end of each month to the District Manager. 2. Commissioners leaving a regular meeting prior to adjournment will be considered absent from that meeting. Meetings 1. Regular meetings of the Water District shall be held in the Water District Offices. If the number of visitors exceeds five (5) persons, the meetings shall be moved upstairs to the Firehall Meeting Room. 2. Meetings will be conducted in accordance with Robert's Rules of Order and the attached procedural guidelines. CASCADE RICHMOND FAX 604-271-3657 PAGE 01 1 171 lderch 6, 1995 To: Commissioners Calder end Unton cc,: gtnft At our JKnunry 5, 1995 meetinp, Water District counsel made it f`1Anr nt 1AAet to thiR CommiRRionar, that the DeCemhAr 29, 1994 reoort should remain confidantinl rand th„t ralemee to thA vib17o would not be in the best interests of the District. It your recont statements in the local newansper Pro in Tact Accurate, You heVe now chosen, for reasons best known to 7ouraelven, to disrep.,,rd our nttorney'n Advise And Allow that rAnort to bA relAaaed to the public_ If this !. in fAct the case. I withdraw Any RtAterentiq or rromiaen mnde At the JAnunry 5 meeting to Avoid confrontatimnR At future Water Ern rd meetings, If You are ho+h unwilling, to honor a oleor verbal Agreement with our Attorney, I see no reason to respect erry ; pArsonRl naroements made with either one ofFou. Looking forwArd to our March 9 meeting. e triz1P John LftRow �MAR5 D Local Voters' Pamphlets 29.81A.080 publication of the pamphlet, formally appoint a committee to prepare arguments advocating voters' approval of the measure and shall formally appoint a committee to prepare arguments advocating voters' rejection of the measure. The authority shall appoint persons known to favor the measure to serve on the committee advocating approval and shall, whenever possible, appoint persons known to oppose the measure to serve on the committee advocating rejection. Each committee shall have not more than three members, however, a committee may seek the advice of any person or persons. If the legislative authority of a unit of local government fails to make such appointments by the pre- scribed deadline, the county auditor shall whenever possible make the appointments. [1994 c 191 § 2; 1984 c 106 § 10.] 29.81A.900 Effective date-1984 c 106. This act shall take effect on January 1, 1985. [1984 c 106 § 14.] 29.81A.901 Severability-1984 c 106. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstanc- es is not affected. [1984 c 106 § 13.] Chapter 29.82 THE RECALL Sections 29.82.010 Initiating recall proceedings—Statement--Contents— Verification—Definitions. 29.82.015 Petition —Where filed. 29.82.021 Ballot synopsis. 29.82,023 Determination by superior court —Correction of ballot syn- opsis. 29.82.025 Filing supporting signatures —Time limitations. 29.82.030 Petition —Form. 29.82.040 Petition --Size. 29.82.060 Number of signatures requited. 29.82.080 Canvassing petition for sufficiency of signatures —Time of —Notice. 29.82.090 Verification and canvass of signatures —Procedure — Statistical sampling. 29.82.100 Fixing date for recall election —Notice. 29.82.105 Response to petition charges. 29.82.110 Destruction of insufficient recall petition. 29.82.120 Fraudulent names —Record of. 29.82.130 Conduct of election —Contents of ballot. 29.82.140 Ascertaining the result —When recall effective. 29.82.160 Enforcement provisions —Mandamus -Appellate review. 29.82.170 Violations by signers —Officers. 29.82.210 Violations by officers. 29.82.220 Violations —Corrupt practices. Recall of elective officers: State Constitution Art. I §§ 33, 34 (Amendment 8). 29.82.010 Initiating recall proceedings — Statement Contents —Verification —Definitions. When- ever any legal voter of the state or of any political subdivi- sion thereof, either individually or on behalf of an organiza- tion, desires to demand the recall and discharge of any elective public officer of the state or of such political subdivision, as the case may be, under the provisions of sections 33 and 34 of Article 1 of the Constitution, he or they shall prepare a typewritten charge, reciting that such officer, naming him or her and giving the title of his office, (1994 Ed.) has committed an act or acts of malfeasance, or an act or acts of misfeasance while in office, or has violated his oath of office, or has been guilty of any two or more of the acts specified in the Constitution as grounds for recall. The charge shall state the act or acts complained of in concise language, give a detailed description including the approxi- mate date, location, and nature of each act complained of, be signed by the person or persons making the charge, give their respective post office addresses, and be verified under oath that he or they believe the charge or charges to be true and have knowledge of the alleged facts upon which the stated grounds for recall are based. For the purposes of this chapter: (1) "Misfeasance" or "malfeasance" in office means any wrongful conduct that affects, interrupts, or interferes with the performance of official duty; (a) Additionally, "misfeasance" in office means the performance of a duty in an improper manner; and (b) 'Additionally, "malfeasance" in office means the commission of an unlawful act; (2) "Violation of the oath of office" means the wilful neglect or failure by an elective public officer to perform faithfully a duty imposed by law. [1984 c 170 § 1; 1975-'76 2nd ex.s. c 47 § 1; 1965 c 9 § 29.82.010. Prior: 1913 c 146 § 1; RRS § 5350. Former part of section: 1913 c 146 § 2; RRS § 5351, now codified in RCW 29.82.015.1 Severability-1975-'76 2nd ex.s. c 47: "If any provision of this amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975276 2nd ex.s. c 47 § 3.] 29.82.015 Petition —Where filed. Any person making a charge shall file it with the elections officer whose duty it is to receive and file a declaration of candidacy for the office concerning the incumbent of which the recall is to be demanded. The officer with whom the charge is filed shall promptly (1) serve a copy of the charge upon the officer whose recall is demanded, and (2) certify and transmit the charge to the preparer of the ballot synopsis provided in RCW 29.92.021. The manner of service shall be the same as for the commencement of a civil action in superior court. [1984 c 170 § 2; 1975276 2nd ex.s. c 47 § 2; 1965 c 9 § 29.82.015. Prior: 1913 c 146 § 2; RRS § 5351. Formerly RCW 29.82.010, part.] Severabilily-1975-'76 2nd ex.s. c 47: See note following RCW 29.82.010. 29.82.021 Ballot synopsis. (1) Within fifteen days after receiving a charge,'the officer specified below shall formulate a ballot synopsis of the charge of not more than two hundred words. (a) If the recall is demanded of an elected public officer whose political jurisdiction encompasses an area in more than one county, the attorney general shall be the preparer, except if the recall is demanded of the attorney general, the chief justice of the supreme court shall be the preparer. (b) If the recall is demanded of an elected public officer whose political jurisdiction lies wholly in one county, the prosecuting attorney shall be the preparer, except that if the prosecuting attorney is the officer whose recall is demanded, the attorney general shall be the preparer. [Title 29 RCW—page 1271 29.82.021 Title 29 RCW: Elections (2) The synopsis shall set forth the name of the person charged, the title of his office, and a concise statement of the elements of the charge. Upon completion of the ballot synopsis, the preparer shall certify and transmit the exact language of the ballot synopsis to the persons filing the charge and the officer subject to recall. The preparer shall additionally certify and transmit the charges and the ballot synopsis to the superior court of the county in which the officer subjeci to recall resides and shall petition the superior court to approve the synopsis and.to determine the sufficien- cy of the charges. [1984 c 170 § 3.] 29.82.023 Determination by superior court — Correction of ballot synopsis. Within fifteen days after receiving the petition, the superior court shall have conduct- ed a hearing on and shall have determined, without cost to any party, (1) whether or not the acts stated in the charge satisfy the criteria for which a recall petition may be filed, and (2) the adequacy of the ballot synopsis. The clerk of the superior court shall notify the person subject to recall and the person demanding recall of the hearing date. Both persons may appear with counsel. The court may hear arguments as to the sufficiency of the charges and the adequacy of the ballot synopsis. The court shall not consider the truth of the charges, but only their sufficiency. An appeal of a sufficiency decision shall be filed in the supreme court as specified by RCW 29.82.160. The superior court shall correct any ballot synopsis it deems inadequate. Any decision regarding the ballot synopsis by the superior court is final. The court shall certify and transmit the ballot synopsis to the officer subject to recall, the person demand- ing the recall, and either the secretary of state or the county auditor, as appropriate. [1984 c 170 § 4.] 29.82.025 Filing supporting signatures —Time limitations. (1) The sponsors of a recall demanded of any public officer shall stop circulation and file all petitions with the appropriate elections officer not less than six months before the next general election in which the officer whose recall is demanded is subject to reelection. (2) The sponsors of a recall demanded of an officer elected to a state-wide position shall have a maximum of two hundred seventy days and the sponsors of a recall demanded of any other officer shall have a maximum of one hundred eighty days in which to obtain and file supporting signatures after the issuance of a ballot synopsis by the superior court. If the decision of the superior court regard- ing the sufficiency of the charges is not appealed, the one hundred eighty or two hundred seventy day period for the circulation of signatures begins on the sixteenth day follow- ing the decision of the superior court. If the decision of the superior court regarding the sufficiency of the charges is appealed, the one hundred eighty or two hundred seventy day period for the circulation of signatures begins on the day following the issuance of the decision by the supreme court. [1984 c 170 § 5; 1971 ex.s. c 205 § 2.1 Severability-1971 ex.s. c 205: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." (1971 ex.s. c 205 § 6.) 29.82.030 Petition —Form. Recall petitions shall be printed on single sheets of paper of good writing quality (including but not limited to newsprint) not less than eleven inches in width and not less than fourteen inches in length. No petition may be circulated or signed prior to the first day of the one hundred eighty or two hundred seventy day period established by RCW 29.82.025 for that recall petition. Such petitions shall be substantially in the following form: WARNING Every person who signs this petition with any other than his true name, or who knowingly (1) signs more than one of these petitions, (2) signs this petition when he is not a legal voter, or (3) makes herein any false statement, may be fined, or imprisoned, or both. Petition for the recall of (here insert the name of the office and of the person whose recall is petitioned for) to the Honorable (here insert the name and title of the officer with whom the charge is filed). We, the undersigned citizens and legal voters of (the state of Washington or the political subdivision in which the recall is to be held), respectfully direct that a special election be called to determine whether or not (here insert the name of the person charged and the office which he holds) be recalled and discharged from his office, for and on account of (his having committed the act or acts of malfeasance or misfeasance while in office, or having violated his oath of office, as the case may be), in the following particulars: (here insert the synopsis of the charge); and each of us for himself says: I have personally signed this petition; I am a legal voter of the State of Washington in the precinct and city (or town) and county written after my name, and my residence address is correctly stated, and to my knowledge, have signed this petition only once. Petitioner's Print name Residence address, City signature i for positive street and number, or County identification if any Town (Here follow 20 numbered lines divided into columns as below.] I-------- I ----------------------------- 2 - - - - - - - ------ - - - - --- - - - - - - - c. ------------ I ----------- ---- --- [1984 c 170 § 6; 1971 ex.s. c 205 § 4; 1965 c 9 § 29.82.030. Prior: 1913 c 146 § 4; RRS § 5353.1 Severability-1971 exs. c 205: See note following RCW 29.82.025. 29.82.040 Petition --Size. Each recall petition at the time of circulating, signing and filing with the officer with whom it is to be filed, shall consist of not more than five sheets with numbered lines for not more than twenty signatures on each sheet, with the prescribed warning, title and form of petition on each sheet, and a full, true and correct copy of the original statement of the charges against the officer referred to therein, printed on sheets of paper of like size and quality as the petition, firmly fastened together. [1965 c 9 § 29.82.040. Prior: 1913 c 146 § 6; RRS § 5355.] [Title 29 RCW—page 1281 (1994 Ed.) The Recall 29.82.060 29.82.060 Number of signatures required. When the person, committee, or organization demanding the recall of a public officer has secured sufficient signatures upon the recall petition the person, committee, or organization may submit the same to the officer with whom the charge was filed for filing in his or her office. The number of signa- tures required shall be as follows: (1) In the case of a state officer, an officer of a city of the first class, a member of a school board in a city of the first class, or a county officer of a county with a population of forty thousand or more —signatures of legal voters equal to twenty-five percent of the total number of votes cast for all candidates for the office to which the officer whose recall is demanded was elected at the preceding election. (2) In the case of an officer of any political subdivision, city, town, township, precinct, or school district other than those mentioned in subsection (1) of this section, and in the case of a state senator or representative —signatures of legal voters equal to thirty-five percent of the total number of votes cast for all candidates for the office to which the officer whose recall is demanded was elected at the preced- ing election. [1991 c 363 § 36; 1965 c 9 § 29.82.060. Prior: 1913 c 146 § 8, part; RRS § 5357, part.] Purpose ---Captions not law-1991 c 363: See notes following RCW 2.32.180. Recall of elective officers —Percentages required: State Constitution Art. 1 § 34 (Amendment 8). 29.82.080 Canvassing petition for sufficiency of signatures —Time of —Notice. Upon the filing of a recall petition in his office, the officer with whom the charge was filed shall stamp on each petition the date of filing, and shall notify the persons filing them and the officer whose recall is demanded of the date when the petitions will be canvassed, which date shall be not less than five or more than ten days from the date of its filing. [1965 c 9 § 29.82.080. Prior: 1913 c 146 § 9, part; RRS § 5358, part.] 29.82.090 Verification and canvass of signatures — Procedure —Statistical sampling. (1) Upon the filing of a recall petition, the elections officer shall proceed to verify and canvass the names of legal voters on the petition. (2) The verification and canvass of signatures on the petition may be observed by persons representing the advocates and opponents of the proposed recall so long as they make no record of the names, addresses, or other information on the petitions or related records during the verification process except upon the order of the superior court. The elections officer may limit the number of observers to not fewer than two on each side, if in his or her opinion a greater number would cause undue delay or disruption of the verification process. Any such limitation shall apply equally to both sides. If the elections officer finds the same name signed to more than one petition, he or she shall reject all but the first such valid signature. (3) Where the recall of a state-wide elected official is sought, the secretary of state may use any statistical sam- pling techniques for verification and canvassing which have been adopted by rule for canvassing initiative petitions under RCW 29.79.200. No petition will be rejected on the basis of any statistical method employed. No petition will be accepted on the basis of any statistical method employed if such method indicates that the petition contains less than the number of signatures of legal voters required by Article I, section 33 (Amendment 8) of the state Constitution. [1984 c 170 § 7; 1977 ex.s. c 361 § 107; 1965 c 9 § 29.82.090. Prior: 1913 c 146 § 9, part; RRS § 5358, part.] Effective date--Severability-1977 exs. c 361: See notes following RCW 29.01.006. 29:82.100 Fixing date for recall election —Notice. If, at the conclusion of the verification and canvass, it is found that a petition for recall bears the required number of signatures of certified legal voters, the officer with whom the petition is filed shall promptly certify the petitions as sufficient and fix a date for the special election to determine whether or not the officer charged shall be recalled and discharged from office. The special election shall be held not less than forty-five nor more than sixty days from the certification and, whenever possible, on one of the dates provided in RCW 29.13.020, but no recall election may be held between the date of the primary and the date of the general election in any calendar year. Notice shall be given in the manner as required by law for special elections in the state or in the political subdivision, as the case may be. [1984 c 170 § 8; 1977 ex.s. c 361 § 108; 1971 ex.s. c 205 § 5; 1965 c 9 § 29.82.100. Prior: 1913 c 146 § 9, part; RRS § 5358, part.] Effective date—Severability-1977 exs. c 361: See notes following RCW 29.01.006. Sever2bility-1971 ex.s. c 205: See note following RCW 29.82.025. 29.82.105 Response to petition charges. When a date for a special recall election is set the certifying officer shall serve a notice of the date of the election to the officer whose recall is demanded and the person demanding recall. The manner of service shall be the same as for the com- mencement of a civil action in superior court. After having been served a notice of the date of the election and the ballot synopsis, the officer whose recall is demanded may submit to the certifying officer a response, not to exceed two hundred fifty words in length, to the charge contained in the ballot synopsis. Such response shall be submitted by the seventh consecutive day after service of the notice. The certifying officer shall promptly send a copy of the response to the person who filed the petition. [1984 c 170 § 9; 1980 c 42 § 1.] 29.82.110 Destruction of insufficient recall petition. If it is found that the recall petition does not contain the requisite number of signatures of certified legal voters, the officer shall so notify the persons filing the petition, and at the expiration of thirty days from the conclusion of the count he shall destroy the petitions unless prevented therefrom by the injunction or mandate of a court. [1965 c 9 § 29.82.110. Prior: 1913 c 146 § 9, part; RRS § 5358, part.] 29.82.120 Fraudulent names —Record of. The officer making the canvass of a recall petition shall keep a record of all names appearing thereon which are not certified to be legal voters of the state or of the political subdivision, as the case may be, and of all names appearing more than (1994 Ed.) [Title 29 RCW—page 1291 29.82.120 Title 29 RCW: Elections once thereon, and he shall report the same to the prosecuting attorneys of the respective counties where such names appear to have been signed, to the end that prosecutions may be had for such violation of this chapter. [1965 c 9 § 29.82.120. Prior: 1913 c 146 § 10; RRS § 5359.1 29.82.130 Conduct of election —Contents of ballot. The special election for the recall of an officer shall be conducted in the same manner as a special election for that jurisdiction. The county auditor shall conduct the recall election. The ballots at any recall election shall contain a full, true, and correct copy of the ballot synopsis of the charge and the officer's response to the charge if one has been filed. [1990 c 59 § 71; 1980 c 42 § 2; 1965 c 9 § 29.82.130. Prior: 1913 c 146 § 11; RRS § 5360. See also RCW 29.48.040.1 Intent —Effective date-1990 c 59: See notes following RCW 29.01.006. 29.82.140 Ascertaining the result —When recall effective. The votes on a recall election shall be counted, canvassed, and the results certified in the manner provided by law for counting, canvassing, and certifying the results of an election for the office from which the officer is being recalled: PROVIDED, That if the officer whose recall is demanded is the officer to whom, under the law, returns of elections are made, such returns shall be made to the officer with whom the charge is filed, and who called the special election; and in case of an election for the recall of a state officer, the county canvassing boards of the various counties shall canvass and return the result of such election to the officer calling such special election. If a majority of all votes cast at the recall election is for the recall of the officer charged, he shall thereupon be recalled and discharged from his office, and the office shall thereupon become and be vacant. [1977 ex.s. c 361 § 109; 1965 c 9 § 29.82.140. Prior: 1913 c 146 § 12; RRS § 5361.] Effective date--Severability-1977 exs. c 361: See notes following RCW 29.01.006. Canvassing the returns: Chapter 29.62 RCW. Polling place regulations during voting hours and after closing: Chapter 29.54 RCW. 29.82.160 Enforcement provisions —Mandamus — Appellate review. The superior court of the county in which the officer subject to recall resides has original jurisdiction to compel the performance of any act required of any public officer or to prevent the performance by any such officer of any act in relation to the recall not in compliance with law. The supreme court has like original jurisdiction in relation to state officers and revisory jurisdiction over the decisions of the superior courts. Any proceeding to compel or prevent the performance of any such act shall be begun within ten days from the time the cause of complaint arises, and shall be considered an emergency matter of public concern and take precedence over other cases, and be speedily heard and determined. Appellate review of a decision of any superior court shall be begun and perfected within fifteen days after its decision in a recall election case and shall be considered an emergency matter of public concern by the supreme court, and heard and determined within thirty days after the decision of the superior court. [1988 c 202 § 30; 1984 c 170 § 10; 1965 c 9 § 29.82.160. Prior: 1913 c 146 § 14; RRS § 5363.] Rules of court: Writ procedure superseded by RAP 2.1(b), 16.2, 18.22. Severability-1988 c 202: See note following RCW 2.24.050. 29.82.170 Violations by signers -Officers. Every person who signs a recall petition with any other than his true name is guilty of a felony. Every person who knowing- ly (1) signs more than one petition for the same recall, (2) signs a recall petition when he is not a legal voter, or (3) makes a false statement as to his residence on any recall petition is guilty of a gross misdemeanor. Every registration officer who makes any false report or certificate on any recall petition is guilty of a gross misdemeanor. [1984 c 170 § 11; 1965 c 9 § 29.82.170. Prior: 1913 c 146 § 15; RRS § 5364. Formerly codified also in RCW 29.82.180, 29.82.190, and 29.82.200.] 29.82.210 Violations by officers. Every officer who wilfully violates any of the provisions of this chapter, for the violation of which no penalty is herein prescribed or who wilfully fails to comply with the provisions of this chapter shall be guilty of a gross misdemeanor. [1965 c 9 § 29.82.210. Prior: 1953 c 113 § 1; prior: 1913 c 146 § 16, part; RRS § 5365, part.] 29.82.220 Violations —Corrupt practices. Every person is guilty of a gross misdemeanor, who: (1) For any consideration, compensation, gratuity, reward, or thing of value or promise thereof, signs or declines to sign any recall petition; or (2) Advertises in any newspaper, magazine or other periodical publication, or in any book, pamphlet, circular, or letter, or by means of any sign, signboard, bill, poster, handbill, or card, or in any manner whatsoever, that he will either for or without compensation or consideration circulate, solicit, procure, or obtain signatures upon, or influence or induce or attempt to influence or induce persons to sign or not to sign any recall petition or vote for or against any recall; or (3) For pay or any consideration, compensation, gratuity, reward, or thing of value or promise thereof, circulates, or solicits, procures, or obtains or attempts to procure or obtain signatures upon any recall petition; or (4) Pays or offers or promises to pay, or gives or offers or promises to give any consideration, compensation, gratuity, reward, or thing of value to any person to induce him to sign or not to sign, or to circulate or solicit, procure, or attempt to procure or obtain signatures upon any recall petition, or to vote for or against any recall; or . (5) By any other corrupt means or practice or by threats or intimidation interferes with or attempts to interfere with the right of any legal voter to sign or not to sign any recall petition or to vote for or against any recall; or (6) Receives, accepts, handles, distributes, pays out, or gives away, directly or indirectly, any money, consideration, compensation, gratuity, reward, or thing of value contributed by or received from any person, firm, association, or corporation. whose residence or principal office is, or the [Title 29 RCW—page 1301 (1994 Ed.) The Recall 29.82.220 majority of whose stockholders are nonresidents of the state of Washington, for any service, work, or assistance of any kind done or rendered for the purpose of aiding in procuring signatures upon any recall petition or the adoption or rejection of any recall. [1984 c 170 § 12; 1965 c 9 § 29.82.220. Prior: 1953 c 113 § 2; prior: 1913 c 146 § 16, part; RRS § 5365, part.] Chapter 29.85 CRIMES AND PENALTIES Sections 29.85.010 Ballots —Removing from polling place. 29.85.020 Unauthorized examination of ballots, election materials — Revealing information. 29.85.040 Ballots —Unlawful appropriation, printing, or distribution. 29.85.060 Hindering or bribing voter. 29.85.070 Influencing voter to withhold vote. 29.85.090 Solicitation of bribe by voter. 29.85.100 Certificates of nomination and election —Declarations of candidacy —Petitions of nomination —Frauds and false- hoods. 29.85.110 Tampering with polling place materials. 29.85.170 Officers —Violations generally. 29.85.210 Repeaters. 29.85.220 Repeaters —Unqualified persons —Officers conniving with. 29.85.225 Divulging ballot count. 29.85.230 Returns and posted copy of results —Tampering with. 29.85.240 Unqualified persons voting. 29.85.260 Voting machines, devices —Tampering with —Extra keys. 29.85.275 Political advertising, removing or defacing. 29.85.285 Statement of expense of candidate —Penalty. 29.85.290 Duplication of names--Conspiracy—Criminal and civil liability. 29.85.300 Absentee voting, violations relating to qualifications and voting, penalty. 29.85.320 Aiding blind voters, violations relating to —Penalty. 29.85.321 Preventing interference with balloting. 29.85.323 Electioneering within the polls forbidden —Prohibited prac- tices as to ballots —Penalty. 29.85.325 Electioneering by election officers forbidden —Penalty. 29.85.329 Unlawful acts by voters —Penalty. 29.85.360 County canvassing board —Canvassing procedure —Penalty. 29.85.370 Initiative, referendum —Violations by signers. 29.85.373 Initiative, referendum —Violations by officers. 29.85.375 Initiative, referendum —Violations —Corrupt practices. 29.85.380 Recall —Violations by signers —Officers. 29.85.381 Recall —Violation by officers. 29.85.383 Recall —Violations —Corrupt practices. Anarchy and sabotage: Chapter 9.05 RCW. Bribery and corrupt influence: Chapter 9A.68 RCW. Bribery or corrupt .solicitation: State Constitution Art. 2 § 30. Contests, bribe or reward by person whose right is being contested as grounds for: RCW 29.65.010. Duplication of, use of nonexistent or untrue names, as felony: RCW 29.15.100. Financial disclosure by candidates and elected officials: Chapter 42.17 RCW. Forgery: RCW 9A.60.020. Libel and slander: Chapter 9.58 RCW. Misconduct in signing a petition: RCW 9.44.080. Perjury: Chapter 9A.72 RCW. Polling places, violations prior, during, and after voting hours: Chapters 29.48, 29.51, and 29.54 RCW. Prevention and correction of election frauds and errors: RCW 29.04.030. Refusing to leave voting booth —Penalty: RCW 29.51.221. Statement concerning registered voter change of residence, false, subject to perjury: RCW 29.10.130. (1994 Ed.) deceased, false, subject to perjury: RCW 29.10.090. Subversive activities generally: Chapter 9.81 RCW. misstatements of candidates punishable as perjury, penally: RCW 9.81.110. 29.85.010 Ballots —Removing from polling place. Any person who, without lawful authority, removes a ballot from a polling place is guilty of a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021. [1991 c 81 § 1; 1965 c 9 § 29.85.010. Prior: 1893 c 115 § 2; RRS § 5396.] Effective date-1991 c 81: "This act shall take effect July 1, 1992." [1991 c 81 § 42.] 29.85.020 Unauthorized examination of ballots, election materials —Revealing information. (1) It is a gross misdemeanor for a person to examine, or assist another to examine, any voter record, ballot, or any other state or local government official election material if the person, without lawful authority, conducts the examination: (a) For the purpose of identifying the name of a voter and how the voter voted; or (b) For the purpose of determining how a voter, whose name is known to the person, voted; or (c) For the purpose of identifying the name of the voter who voted in a manner known to the person. (2) Any person who reveals to another information which the person ascertained in violation of subsection (1) of this section is guilty of a gross misdemeanor. (3) A gross misdemeanor under this section is punish- able to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021. [1991 c 81 § 2; 1965 c 9 § 29.85.020. Prior: 1911 c 89 § 1, part; Code 1881 § 906; 1873 p 205 § 105; 1854 p 93 § 96; RRS § 5387.] Effective date-1991 c 81: See note following RCW 29.85.010. 29.85.040 Ballots —Unlawful appropriation, print- ing, or distribution. Any person who is retained or employed by any officer authorized by the laws of this state to procure the printing of any official ballot or who is engaged in printing official ballots is guilty of a gross misdemeanor if the person knowingly: (1) Appropriates any official ballot to himself or herself; or (2) Gives or delivers any official ballot to or permits any official ballot to be taken by any person other than the officer authorized by law to receive it; or (3) Prints or causes to be printed any official ballot: (a) In any other form than that prescribed by law or as directed by. the officer authorized to procure the printing thereof; or (b) with any other names thereon or with the names spelled otherwise than as directed by such officer, or the names or printing thereon arranged in any other way than that autho- rized and directed by law. A gross misdemeanor under this section is punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021. [1991 c 81 § 3; 1965 c 9 § 29.85.040. Prior: 1893 c 115 § 1; RRS § 5395.] Effective date-1991 c 81: See note following RCW 29.85.010. [Title 29 RCW—page 1311 ' 29.85.060 Title 29 RCW: Elections , 29.85.060 Hindering or bribing voter. Any person who uses menace, force, threat, or any unlawful means towards any voter to hinder or deter such a voter from voting, or directly or indirectly offers any bribe, reward, or any thing of value to a voter in exchange for the voter's vote for or against any person or ballot measure, or authorizes any person to do so, is guilty of a class C felony punishable under RCW 9A.20.021. [1991 c 81 § 5; 1965 c 9 § 29.85.060. Prior: ' (i) 1911 c 89 § 1, part; Code 1881 § 904; 1873 p 204 § 103; 1854 p 93 § 94; RRS § 5386. (ii) 1911 c 89 § 1, part; 1901 c 142 § 1; Code 1881 § 909; 1873 p 205 § 106; 1865 p 50 § 1; 1854 p 93 § 97; RRS § 5388.1 Effective date-1991 c 81: See note following RCW 19.85.016. Employer's duty to provide time to vote: RCW 49.28.120. 29.85.070 Influencing voter to withhold vote. Any person who in any way, directly or indirectly,'by menace or unlawful means, attempts to influence any person in refusing to give his or her vote in any primary or special or general election is guilty of a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021. [1991 c 81 § 6; 1965 c 9 § 29.85.07.0. Prior: Code 1881 § 3140; RRS § 5389.] Effective date-1991 c 81: See note following RCW 29.85.010. Employer's duty to provide time to vote: RCW 49.28.120. 29.85.090 Solicitation of bribe by voter. Any person who solicits, requests, or demands, directly or indirectly, any reward or thing of value or the promise thereof in exchange for his or her vote or in exchange for the vote of any other person for or against any candidate or for or against any ballot measure to be voted upon at a primary or special or general election is guilty of a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021. [ 1991 c 81 § 7; 1965 c 9 § 29.85.090. Prior: 1907 c 209 § 32; RRS § 5207.1 Effective date-1991 c 81: See note following RCW 29.85.010. 29.85.100 Certificates of nomination and election — Declarations of candidacy —Petitions of nomination — Frauds and falsehoods. Every person who: (1) Knowingly and falsely issues a certificate of nomination or election; or (2) Knowingly provides false information on a certifi- cate which must be filed with an elections officer under chapter 29.24 RCW; or (3) Knowingly provides false information on his or her declaration of candidacy or petition of nomination; or (4) Conceals or fraudulently defaces or destroys a certificate which has been filed with an elections officer under chapter 29.24 RCW or a declaration of candidacy or petition of nomination which has been filed with an elections officer, or any part of such a certificate, declaration, or petition, is guilty of a class C felony punishable under RCW 9A.20.021. [1991 c 81 § 8; 1965 c 9 § 29.85.100. Prior: 1889 p 411 § 30; RRS § 5295.1 Effective date--1991 c 81: See note following RCW 29.85.010. 29.85.110 Tampering with polling place materials. Any person who willfully defaces, removes, or destroys any of the supplies or materials which the person knows are intended both for use in a polling place and for enabling a voter to prepare his or her ballot is guilty of a class C felony punishable under RCW 9A.20.021. [1991 c 81 § 9; 1965 c 9 § 29.85.110. Prior: 1889 p 412 § 31; RRS § 5296. FORMER PART OF SECTION: 1935 c 108 § 3, part; RRS § 5339-3, part, now codified, as reenacted, in RCW 29:85.230.] Effective date-1991 c 81: See note following RCW 29.95.010. 29.85.170 Officers —Violations generally. Every Person charged with the performance of any duty under the provisions of any law of this state relating to elections, including primaries, or the provisions of any charter or ordinance of any city or town of this state relating to elections who willfully neglects or refuses to perform such duty, or who, in the performance of such duty, or in his or her official capacity, knowingly or fraudulently violates any of the provisions of law relating to such duty, is guilty of a class C felony punishable under RCW 9A.20.021 and shall forfeit his or her office. [1991 c 81 § 10; 1965 c 9 § 29.85.170. Prior: (i) 1889 p 412 § 32; RRS § 5297. (ii) 1911 c 89 § 1, part; Code 1881 § 912; 1877 p 205 § 2; RRS § 5392.] Effective date-1991 c 81: See note following RCW 29.85.010. 29.85.210 Repeaters. Any person who votes or attempts to vote more than once at any primary or general or special election is guilty of a gross misdemeanor, punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021. [1991 c 81 § 13; 1965 c 9 § 29.85.210. Prior: 1911 c 89 § 1, part; Code 1881 § 903; 1873 p 204 § 102; 1865 p 51 § 5; 1854 p 93 § 93; RRS § 5383.] Effective date-1991 c 81: See note following RCW 29.85.010. 29.95.220 Repeaters —Unqualified persons —Officers conniving with. Any precinct election officer who know- ingly permits any voter to cast a second vote at any primary or general or special election, or knowingly permits any person not a qualified voter to vote at any primary or general or special election, is guilty of a class C felony punishable Under RCW 9A.20.021. [1991 c 81 § 14; 1965 c 9 § 29.85.220. Prior: 1911 c 89 § 1, part; Code 1881 § 911; 1873 p 205 § 108; RRS § 5385.1 Effective d2te-1991 c 81: See note following RCW 29.85.010. 29.85.225 Divulging ballot count. (1) In any location in which ballots are counted, no person authorized by law to be present while votes are being counted may divulge any results of the count of -the ballots at any time prior to the closing of the polls for that primary or special or general election. (2) A violation of this section is a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021. [1991 c 81 § 15; 1990 c 59 § 55; 1977 ex.s. c 361 § 85; 1965 c 9 § 29.54.035. Prior: 1955 c 148 § 6. Formerly RCW 29.54.035.] Effective date-1991 c 81: See note following RCW 29.85.010. Intent —Effective date-1990 c 59: See notes following RCW 29 01.006. [Title 29 RCW—page 1321 (1994 Ed.) pa .c da • ? 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ClCC n p (per 5 0� R' ►r Al �0 Clq' 0 O• rS. ro O Ara ? o C1 or - \o N n a c O CS m y Q w -C' ry '�L .10O r• �_. O OC �. n� O � � y r .O� to fA ro Oho' a.En a ° o c Oo fD =° :' . p. ii 7 t� . :.07 tO� M n CO w O :Oli r C n.OQ n O O y O o vi o r y e� m 0 �• n 00 O O Si y 7 D C m 4 o �. o o "' 'a o o - - -- - - Ooo ° a o i a co p- r k I MR ON" • reconstructed, they are brought up to cur- rent roadway standards... Increasing gravel sub -base atid.asphalt surfacing depths extend' roadway life and allow all traffic uses during severe winter weather..At some time in the future, this new section of Tyee will also. -be- resurfaced with chip seal. This'scheduhng is dependent on the traf- fic and the deterioration of the roadway sur- face between now and the next time all of the Point. Roberts roads are scheduled to be chipsealed. R.E. (Dick) Prieve Whatcom County Public Works Department Water... (continued from page'l)- roborating Calder's assertion that Lesow had followed him (Calder) to 'a residence on Iolanda. Though Lesow stated that "it would.have been more appropriate to write up a vio- lation," the behavior, according to deputy sheriff David Scott, constituted a pattern and was a violation of both the no -contact and no -surveillance orders. Subsequently, deputies arrested Lesow and he was transported by U.S. Coast Guard boat to'county jail in Bellingham, where he remained overnight. At a hearing the fol- lowing morning, a trial date of August 28 was set on the anti -harassment charges. Resignation scenario. The no -contact situation was developing on the roads of. Point Roberts within the context of Lesow's plan to deliver a letter of resignation to the water district office on that same date. The letter was delivered, and was made up of the following: "I hereby resign my position as Commissioner, Point Roberts Water District #4; effective immediately." However, officials of the county elections office, and attorneys representing the water district, Lesow, and the county, have since determined that the only legal way for Lesow tozesign was to present his resig- nation to county council. ' Recall cancelled - Whatever the outcome of the county council appointment process,, acknowl- edgement of Lesow's resignation by, coun-. Meanwhile, Calder has lashed out at Judge Uhrig over the mutual no -contact order of May 1, calling the decision "a fraud upon the court," and has written to the state commission of judicial conduct suggesting that Uhrig made his decision "after refus- ing legitimate evidence." Lesow: "Charade -arid a.1sham" In a mood to quote German philosophers, John Lesow prophesied that out of chaos would come order in the coming months. Appearing relaxed amid the flowers in his back yard, Lesow spoke to the All Point Bulletin June 18 about his decision to resign from the water board before the recall elec- tion took place. Calling it a "charade and a sham," Lesow said he did not want to "dignify the recall " and that.he felt "people in this communi- ty don't want a recall." Describing the recall as "orchestrated" in order to reverse the results of his election, Lesow said he was "going to take it to the Secretary of State" the week of June 19. Lesow said his recall was the result of per- sons whose aim was to "pick off water com- missioners one -by -one." He declined to identify who these persons were. Lesow stated he intended to run against Ron Calder in the November election. He said that "if the facts (surrounding the recall] are known then I'll have a good chance." Lesow added . There's some kind of per- ception that I'm a real angry guy but none of my friends feel that way." Lesow also said "1'm perceived as being obstructionist which is just not borne out by the record." Portraying himself as'a reformer, Lesow likened his situation to Syd Wallace who was also involved in an earli- er recall election and Ron Calder whose original water district, involvement came from. a disagreement , with Wallace. "Unfortunately, I tackled issues that other people would have preferred 1 let go" he said. Discussing the controversy surrounding the recall and arrest, Lesow said his first concern was for his family. Asked why he would choose to run again, L . w respond- ed "Because I am a stubborn S.O.B. F ane Tank very (360)354-4922 Rentals 5387 LaBounty Drive, Ferndale, WA liuIE15 FAIN No . Muss, No Fuss, Don't `CAME US! Happy to give FREE ESTIMATES! No Job Too Big or Small, Quick, Cleaji HUGH C. WILSON CALL: 360-945-1010 leave message LICENSED • INSURED • BONDED Septic Syst Lot Clear Landscal Construct LICENSED AND IP Ash for a quote in Cc CALL: 945=0388 or 9, POINT l LANDS( SEPTIC Sl 1. r��z GE 36Om94� Free Esti Letters (continued from page 18) (Ed. Note: Prieve has responded to Ms. Johnson's letter, and the response is excerpt- ed below) ...This method of preserving county road- way surfaces Ichipsealing] consists of Spreading a thin layer of small fractured aggregate over a hot liquid asphalt. This surface is then compacted with rollers. The minimum excess material is swept off and removed at a later date .... Please remem- ber that the present condition of the roads in your subdivision is only one pan of the equation used in making the decision to perform this work. The majority of roads at Point Roberts were last resurfaced with chipseal nine years ago during the summer of 1986... It could be nine years or longer before the roads are once again resurfaced in Point Roberts... You also questioned why the recently constructed portion of Tyee Drive was com- pleted with asphalt and not chipseal. Whenever arterial or major roadways are reconstructed, they are brought up to cur- rent roadway standards... increasing gravel sub -base and asphalt surfacing depths extend roadway life and allow all traffic uses during severe winter weather ... At some time in the future, this new section of Tyee will also be resurfaced with chip seal. This scheduling is dependent on the traf- fic and the deterioration of the roadway sur- face between now and the next time all of the Point Roberts roads are scheduled to be chipsealed. R.E. (Dick) Prieve Whatcom County Public Works Department Water... (continued from page' 1) cil constitutes the basis for the July 11 recall election to be dropped. With time running out to set the recall election into motion, Lesow's surprise res- ignation threw a curve to the county elec- tions office. Though state' law does not cover the peculiar Point Roberts situation of how an elected commissioner resigns when there is only one commissioner left, Lesow's res- ignation to council gives the elections office a legal foundation to cancel the recall elec- tion. According to county auditor Shirley Forslof, "it would have been a wasteful use of county funds to order supplies for an election," and send out absentee ballots as the first step, adding that it was only "common sense" to cancel a recall process involving someone who has -resigned. Calder and Lesow continue their war of words. Lesow has written to Forslof, stat- ing, "I can assure you that the circum- stances surrounding this recall will be the subject of judicial review," with a copy of the letter going to the state secretary of state. Meanwhile, Calder has lashed out at Judge Uhrig over the mutual no -contact order of May 1, calling the decision "a fraud upon the court," and has written to the state commission of judicial conduct suggesting that Uhrig made his decision "after refus- ing legitimate evidence." roborating Calder's assertion that Lesow had followed him (Calder) to a residence on lolanda. Though Lesow stated that "it would -have been more appropriate to write up a vio- lation," the behavior, according to deputy sheriff David Scott, constituted a pattern and was a violation of both the no -contact and no -surveillance orders. Subsequently, deputies arrested Lesow and he was transported by U.S. Coast Guard boat to county jail in Bellingham, where he remained overnight. At a hearing the fol- lowing morning, a trial date of August 28 was set on the anti -harassment charges. LesOW: "Charade and a sham" In a mood to quote German philosophers, John Lesow prophesied that out of chaos would come order in the coming months. Appearing relaxed amid the flowers in his back yard, Lesow spoke --to the All Point Bulletin June 18 about his decision to resign from, the water board before the recall elec- tion took place. Calling it a "charade and a sham," Lcsow said he did not want to "dignify the recall " and that.he felt "people in this communi- ty don't want a recall." Describing the recall as "orchestrated" in order to reverse the results of his election, Lesow said he was "going to take it to the Secretary of State" the week of June 19. Lesow said his recall was the result of per- sons whose aim was to "pick off water com- missioners one -by -one." He declined to identify who these persons were. Lesow stated he intended -to run against Ron Calder in the November election. He said that "if the facts [surrounding the recall] «i_ rll havo a annd chance." KELL' & SON IN( ROOFING, REROOFO P Free Written Estimates • • Writteit.Guarantees • Experienced R Asphalt Torch. �d Skylights For a -hole in your roof or a i Chris Kelly (36C Licensed 10 Insured @ bonded 41' U 1E -5 �)t 1 W No Buss, No Fuss, Don't 4 -- - _= CALLUS! Happy to give FREE ESTIMATES! No Job Too Big or Small, Quick, Clean HUGH C. WILSON C,11 L: 360-945-1010 leave message t LICENSED - INSURED • BONDED Septic Sysl Lot Clear Landsca Construcl LICENSED AND I. Ash for a quote in C CALL: odS_A'ARR nr t heard a walerjall, so far away , 7haf stillness only brought its'sullen sound, .fnd thogfit fn silence, o thou peaceful place; I would that summer.weiiffier could bul last; _Tnd, in this northern land, the lovely ace .. ; Of nature could withstand the wirtler's' fast; 16td 1, m all. my ivorldly tares set free, Could Fravc, awhils, a happy home in thee. ltumf Srcfxsiari by wdliam glam,ii.'r81t4. Summer hours: Mm&y through Saturday 10 dm - 530 pm Sunday: noon to 5 pm and pioneers of Point Roberts, as well as a salute to public safety, in light of the recent tragedies in Seattle and Oklahoma. The department is strongly encouraging indi- viduals, families, and businesses to enter a ;float or group in the parade. - Co n&rmation is soli pending from a num- ber of new entries. Some of the patticiptints expected to attend include: vantonver City motorcycle drill team, DeltA Police motor- cycles, CanddWt Coast Guard, United States Coast Guard, Whatcom County fire safe- ty house, Canadian Airlines International float, a U.S_ military color guard, U:S. Navy, Point Roberts tire deparimeuQ, hatcom County sheriffs department White Spot pipe band and. many others, t:mrr.Orporate sponsor this year is, �lHrlur&lntcmatfonal, donor cif "two. ticket's anywhere in'Canada. the grand - The Point Roberts Judy 4th Cominittee Presents a Fun -Filled Family Girl ti 9:30 a.m. BIKE RACE 11:00 a.m. -12:30 p.m. PARADE A dual theme this year! "OId Settlers of Point Roberts" and "A Salute to the Natirin's Emergency Response Teams" Parade staging: APA Road & Tyee, Viewing on Gulf Road Finish at Lighthouse Paris Whidbey Island Naval Base Fighter Jet Flyover 12:30 p.m. - 4:00 p.m. AT LIGHTHOUSE PARK Pie Baking Contest • Family Activities • Bouncy Castle • Face Painting Races & Contests • Music & Activities Salmon Bake & Hot Dogs - $5.00 and $3.00 Tickets at the door and International Marketplace, Nielson's Building Center & Point Roberts Parcel Service TICKET DRAW!!!! * +t **Lem= * * * Two Return Tckets to Anywhere in Canada. R , * Tickets $7.00 eaYH'ch available at: # * lirternativnal Marketplace, Nfelsoix. s Building Center and Point Roberts Parcel Service * * FOR FLOAT,ENTMES CONTACT ly <E-HOLLIDAY AT FIRE STATION; Tel: 945-3473 • Two of the cars atthe Hot Rod show at Kitiiski's Reef Tavern held June 4. M—to Camda to cost more Effective jrdy 9, it_ will cost more to se mat[ to Canada, The -new letter rate for Canada will be cents for a half -ounce letter, tip six cer from the present 44 cents,, -and 52 cents [ one ounce. A postcard will cost 40 cen For Mexico it will be 40 cents for the fir half-0unce and 46 cents for a one -ounce Ic ter. A postcard will cost 35 cents. The rate for all letters to all other coui tries will be 60 cents for the lust half-ounc and $1 for one ounce. A postcard will co: 50 cents. Actngrain$ well Cost 50 cents Ec all countries. Recall condemned A motion to condemn the recall proces against former water commissionerJoh! Lesow passed 7-2 at the June 7 taxpayen association meeting. The motion was introduced by boarc member John Lieffering in response to c request from john Lesow, a member of the audience. Describing the recall move, Lieffering used worcissuch as "mean -spirited,' "maliciom in nature," and "character assassination." Fellow board meutber Shelley Gitlitz echoed her agreement with lieffering's com- ments and added that there bad been "...an extraordinary amount of orchestration" in the process. Gitlitz spoke against the "per- sonalization of politics" at the water board. Ernie Eriks, a [requent observer at water district meetings, [aid blame for water dis- trict troubles at the feet of water commis- sioner Ron Calder whom he described as "a troublemaker since day one." Speaking against the motion was'Rev Griffith who pointed out that the recoil pro- cedure was part of state law. .Also voting against the motion was Martin. Mansfield. He later resigned from the iaitpayer baarii, suggesting thatJohn Lesow would be a more appropriate choice than himself. r1 LETTERS To HE D sY.. Point 'Roberts Taxpayers' ib'siity. another:' Association and The All Point doesn't , have Bulletin:. - enough to make a It is with great regret that I lawsuit worthwhile respectfully withdraw my nom- ination and the third for another term on the phoned me and Point Roberts taxpayers' associ- apologised Far cer- ation and hereby resign my cur- tain statements rent term effective immediately. when they themselves Found the . It has Bcen my lifelong prat-.. truth, lice when dealing with issues In regards to page 7; with ti6 and problems to gather the facts disclaimer one would wonder if and discuss the matler(s) with this is in fact a paid ad or an edi- the parties concerned. It would tonal statement: Myself, I appear this approach is incam- believe it is a paid ad because I patiblt with ehe current board know and you know that there as evidenced by theJane 7,1995 is not one Erucstaiemenl on that mKttng: page. I have enclosed a code of It seems that Mr. ]ahn Lesow ethics journalists in this coon has more in common with the try are supposed sv abide by dad . current makeup of the Point I took the liberty tr; hlg j ghe ` Roberts taxpayers' association, some interestingpn}rits. board than 1, and therefore - In [lasing, I will defend�ry respettfuily recommend him to true retard of water district a�4 , fill my seat on the board and service in front of any person or PI Act his name in nomination group. The challenge was and- _ for a permanent seat. Perhaps still is always opeg to any taki Mr. Lesow can do for the tax- ers. payers' association what has Ron Calder managed to accomplish far the Point Roberts. , voters' association, the trans- portation committee and the The Edrwr m a letter to me water board. With the [notion Chief Gellatly passed to condemn the recall expressed his "great difficulty petition, an American demos- With any resident [Republican relic process, based an only or otherwise] offering opinions information provided by Mr. on matters they know very lit Lwow without consideration to tle about " or for the injured patties (tire - 1'd .line to assure Chef water board staff},and the foal,:'. GcllatlY[ 1 am oat disgoalf ' viduals advocating the recall, the ' &ed thereby. and respond to at course has been set, Happy sail ]east one of has "facts.' ing. . 1. Gellatly fact:_: "i never It has been my distiact plea - demanded the property be given stare ro be afforded the oppor away!' tunity to serve the community 2 Residentls informed vptn- on the Point Roberts taxpayers'. -.. ion.., "You did! Sir." association -board. It has been In support For my asser- interesting and -at times quite tion...thematerial below is enjoyable when coft emsus is the October 6, 1994 meeting 1 reached on in issues. I personally attended sod whose wish you the best of luck in the minutes 1 have, at Gellatly^s Future. - encouragement, reviewed Martin P Mansfield Responding to the question Paint Roberts '- i _ from cam aLsgoner Lesow. "Do _ r you want this land in perpetu- The Editor. iry?" Chief Gellatly answered. Your bias is showing in your "Y� " position was that he letters policy and in•what you Gellatlyl; l� print and accept as printable- was not pret a y moneyfor the material as long as you get paid water district any y ---Lesow and not goodwill an the who has not yet registered her1. e arm civic per- . T E ITDR ., clea the lead for Constitution uf:the United States the department's with checks and balances pre- �- bingo par€orpark- ... c'ssely because their experience logic[ [conttgty to had shown them that power perntiteed zoning). vireo leads to corruption and Chief Gellatly was priivisivns have to be made to not even prepared correct the mistakes- that are tv waive the office inevitable in any democracy. rent For three years as a consld- And that is why final authority - erat'son far they ertj�[irtns- =" rests with the people - nowith • Fcr (coTnmi�i`on rvv� pro- .',the goyerrtment. And that i , - posal). 5a, noi:nr+�y,did Gcllaay 'we have recourse to the raec�a-.: - get rite land at a "Erse sate'•, price nlsms nF initiative, referendum [reduced rent?, he gat the tax- and recall- These are: an payers to foot the hill for fend- American tradition, demon- ingoff the legal challenge to the coating a commitment to the cj�aring, power • of the electorate. In the final agreement, .the Abrahamrl--ineoin said, "You ears wa[fr district retains use of the foal some of the people all of the property after three years {pro- time, and all of the people some glded the fire district no longer of the time; but you cannot fool needs'ir. 'is this likely?} and all of the people all aF the time" receives a ten �_redu[I ion daft- All Atneri�rr ©tizetts have the ing that rime. Chew m'snor con= rigtt io vote -an d to determine sessions are.the result of teals- the quality of their electedoffi- tance on the part of cials. if any resident aF Point commissioners Lipton and Roberts is an American citizen , par of Chief Gellatly. please. telephone me at 945-.k346 Stuart Grant and I'll be glad to help ' ydu - �� Paint Roberts become a registered voter in our • - mTnmuniry, rather than in your "Chi Editor. previous community. And for Tuesday,]uly 4, is the 219th those who are registered voters birthday if the United States of herein Point Roberts, let tuitot -America, an occasion that has lose sight of our respatisibil�ty been marked bl' an tivic' to identtfy�those individuals of party Here an the Point for 92 integrity why should be cTrtnist- yea�s, our celebration an July � ed with public office and 4 is die mastiinpuitant of these :- •shade them �of`iheii�oMigat[_ n national celebrations, Far it Sig- , to allow their names to stand'�or nifies the libertyand freedom election. All candidates must we enjoy nand exists -`only register with theauditar§office because so many patriotic citi- in Bellingham during the week zees were prepared tv give [heir of July 24-28. We get the gav- ins¢ Full men-�;Ye of devotion to , ernment we deserve, so let§ be ensure the .freedom of all sure we have candidates of c�a€- Americans and the continued ity. _ _ . existence of the worlds oldest SiIl Griffith democrat}: Citizenship involves Point Roberts I both privileges and respansi- , bilfsies, and those who lay_claim 'llte Editor. l `• to the privileges also have civic The carry saga of the angoirig duties- We must be ever vigilant - (Set Letters page l $] to work reward preserving and perfecting our go>iernmerti and � ����� Policy:. our nation- - - - Democracy has been The All Point Bulletin described as an imperfect Sys- Welcomes letters to tiro adi- tern; one that rears on a tom- tor; however, the opinions mitment [o the befit{ that incite expressed are not neces- rhan half of the vatcrsare right _. _.�._ .,....... ,.� .s......+:.... THAT I S T -Y- BY ARMEN Last`rnaath I stated that I was going to put in some seriou'g whale -watching time on the beach with my binoculars and my beagle, Barney, Well, l still haven t seen a whale (after two. years of serious beach walking) pod I" trtiink I now know. the rea- son. His name is Barney. Being a hound. he is inclined to Find a fresh scent. and sake off. lids really wont do, so 1 must keep a sharp watch and keep him within the reach of my voice. Then 1 need to watch my footing (all that driftwood anid clumps of seaweed), char with my Fellow beachcombers -and keep an eye out For herons and eagles. This doesn't leave Touch time for watching the ocean. � _ , i live in a lovely spot by the forest. bu[. i de not have a view of theses artd the beach- fsont dwellers obviously have an advantage in- the wiiale-watchlrtg " departrnene. Speaking of eagles;a few weeks ago on a sunny Saturday morning i was walking in the vicinity of,monnment Park and saw three blue he=.as and at least 20 eagles. Or mayiie tlxe same five eagles flew back and forth Four times. Who. cares? It was great. Recently same of my kids and grandkids waaVisiting and we were walldug on South BeacWi when the tide was way out: We saw spine hales in the sand about the sire of a 'quarter and dug down and found same enormous clams known as "horse clanos.' IIBRMY. PICKS Sr KAis LOMEDICO.' ' Best sellers' J Cuba and the Night - Pico lycr 17eve Barryts Caraplete`Guide to Guys,- Deve_Barry Look Away -Harold Coyle ' Rose biiLdder - Stephen King :.. Strange €ughways- dean Koonzz HistorimI Fiction for Kids & Teens Little Fast in the Ozarks - Roger Lea MaOride Race to Danger, Young Indiana Jones Chronicles - Stephanie Calmeson The Real Plato Jones - Nina Bawden A Little Bit. Dead (Edgar Award, winner) - Chap Reaver The Chocolate Cow - Lilian Obligadc Book Series American Heros Great Explorers American Short Story CD's & Cassettes Blur - Parklife •- " God Shuffled His Feet - Crash Test Dummies Country Sr Western - Lome Morgan Building Center or the Evergreen N ursery. Good luck! The AU Point13WHdin is Published',, c h ' month by. Poirtt-Robeiis Fres,� Inc. Total circulation is 8,000 `copies including home delivery in, Pofn Roberts and Tsawwassen, suhsrrfoas and distribution to retail establiskEnents-: un the Point. -rhe6pinionexpressed by contributors is [heir own and is offered forthe general interest, of aur'readers. Mail and classified ads should bed addressed to:k has more in common with the cumnt makeup of the Point try are — ­-, w•-• r••-r-•-r -•-- took [he liberty to. highlight aided the iris dis likely?) pand -'is this all of the people all of the9time." Rplieru taxpayers' association some interesting points. needs s i in closing, l will defend ray -receives a rent reduction dui- .z ^ A p t a e the board than 1, aiid therefore respectfullytecommend him_ to '• true record of water district #4 .- ing that time. These minor con- ulpa thon ">nglitia Clete and to deteriiiine oftheir cials ent fill my seat on the board and ' sen'ice ffront ochallenge was and f any person or cameo ri�arc -the ere s f Iftany of Poted place his name'in'nominatiotn for a permanent seaL.Perhaps.` group. Still is always -open to any tak- c1 wand not goodwill on the whoehas not yet rregistered here, Mr. f crow can do for the tax- _ association wharhe has �n Calder pail of Chief Gellatly. please telephone me at945-13 #5 and I'll be glad to help you payers managers xo accomplish for the ran E point Roberts SmarfGPo Roberts become a registered voter in our voters' association, the trans- pgriation cammfttee and the The Editor community, rather than in your Previous community And for water board. With the motion passed to condemn rate recall Chipre d �y�at diiliccuetter to lty TuesdThe day. July 4. is the 219th wiF birthday of she United States of those who are registered +Corers here in Point Roberts; let us not petition. an American democ- process, teased an only with any resident (Republican .. or otherwise) offering opinions AtnCA an occasion that has lose sight of our responsibility to iegrity petit information provided by Mr. an matters they'know very lit-' beenmarkedn the Poistt Fo S? who should be enp�af inteivic' M� ;' a.T,nnirnnsiderstianto' 'de-'L. .P n7- z �r d with nbLicafficrana per--. • r3ll.i'oi`nl t3gilr =k pCt Box I451. Pninc Robel s W:t ljs, 94181 �t'[f. N •y . Publisher Sr Managing Editor Patrick J- Gruhlt _ -. - ' •� Advertising Manager ' Louise id..Mugar _i Executive Editor- =: a..;: •-.> Glennys Chriscte Graphic Designer Ruth human Photography::;. Louise Fi, Mugar Administrative Services - Armene 13elless water hoard stafFi and the %di- viduaLs advocating the recall. the 'couisc has been set. Happy sail- It has been my distinct plea- sure to be afforded the oppor- tunity to serve ifwconi ,Iftity on ih6-Poi t. [tolierrs taxpayers' sssociatibn hoard. It has been iaterFs'ting and it titn quIte enjoyable when consensus is Leached on important issues. l wish you the best of Crick in the future.`- - - Martin P. Mansfield Point Roberts i, . The Editor:. four bias is showing in your letters policy and. in what you print and acs:ept-si's pnotabie rnateciaf as long.as you get paid for it. Your May-1995 issue in particular has some libelous statements about me in the let; Contributor to Phis issue ters. to the editor. One of the At rticne Belles, authors has absolutely no ered- Margot Bradbury Kristin I- omcdico ' John M3xym rd .. ivtat7mouagri-Snell r Marcy Kitt Rhodes; •+ !Margo W:iizact r.. [original-woodcuI Mary Lotrridge Btuincss office - - 060" 945-6413 (rax) 945-1U13 Editorial .(360) 94_`r0 iI.3 (360) 9�5-6375 w •. �, ,r t silk ltke� uassurt i ChieCr,.-rears., Our celebrahoa an i Yr y= p r c y'iitatT om net disgtiafi= ' 4 is the most important of these suade Them of their ohl`iga[iao For fled thereby...and.respond to at 'facts.� natwnal celebrations. for it sig- .. the liberty artd freedom to allow their names to stand election. All candidates must least one; ofhis . uifies we exists only " register with the auditor's office 1.' GellaEly_. facL.. iyl never demanded the property be given . enjoy now because so many patriotic cfti- in Bellingham during the week away!" ` wens Wert prepared ttrgive their * of July 24-19. We get the goy- tb....,ernntent we deserve, so let" be 2. Residents informed opin- ion... -You did! Sir" last fuli.iiieasuie of devaiait ensure the freedom of all sure we have candidates of qud- In support for niy ass"- uon...[he material below is from' Americaty and the continued existence of the world§ oldest Cry. Bill Griffith the October 6, 1994 meeting i 'demacraC}t Citizenship involves, Point Roberts Personally. attended and whose 1 have, at Gelfatly's ,bath privileges and respons-t- "des, andthose who tay.claim The Editor. G minutes ... encouragement, reviewed. to the privileges also have civic ; -The sorry saga of the ongoing Responding" to the question dudes. We must be ever vigilant (See lAte s page l8 ) from commissioner L.esow,'Do to work toward preserving and you want this land in ppetu- ' perfecting our government and Letters Policy L ity7" chief Gellatly answered, our nation. Democracy has been ' The All Point Bulletin Gelladyls position was that, he described as an imperfect Sys- welcomes letters to the edi- Was not prepared to offer the' Lem, one that rests on a corn- t tor. however,'the opinions water district any money for the j..'1 acre property (appraised mitment to the belief thatmore than half of the voters are Fight . }= expressed are not neces- ?sarily those .of the editor. value $12,500) for which the more than half the time? As'... Letters must include name, water district had already. such, it.ati6cipates blot tnfs- : addressand daytime tale- inciirred $4,000 in 3e931 fees as -:takes will be made'and so pro- phone number for verifica- 'a result of their enthusiasm to videsfor:tthecorimlitin ofertors i tion. Letters must not exceed - ' 'tfrrorigli a system of ganern• s, 4r50 words and may be edit'- ment [list has Checks and bait— ed or rejected for reasons of ashes among the exesutfve, leg- • le ality and need taste. u�licatzon islarive and udidad branches. • j fl j`: . A#res}r+ritiwptiint on mat _PERSPECTIVE } - • ONE YEAR AGO this month, thaA[f PpuiBulln report, hearing Americans fashioned the Attention, tars of general interest to local readers will increase ed that the Lily Point project had been approved di traponprocedures the likeIihaadof puhlietrtsan- examiner 1^ed Good— Emergency medical photographers! writers should avoid per- yy�e_Yaminedfollowing the death of a Canadian summer Les- sonal invective. unsigned ident after he was evacuated bybelicopteroverthe pro[ssts of ' We're looking for pho- lanais will not be accepted his €aniily... A S4t000,000 U.S. border facility was announced tographs of the Point that cap-, [ publication.-RequestsforfOr for Paint Roberts... tote its spirit or are topical . If b :, withhoTding names will be withh i FNEYEARS AGO this month, the A]I Point'Bulklin report- you think you're just takwa n ati sndivill cons i tried e ed the water district had decided to.ratse water rates by two dollars a month... A clttldren� festival was planned Far.tie_-• :great'picture of the Paine, its visitors and inhabitants or its basis. Only one letter per month month of.'lugust= r FiFT! EN'YFARS AGO this montfr, the Ocean Spar disntssecf wildlife then we'd like to look : ai u. = . Abest horn an inliividuul corre- spantierti w'sH be published- nIt�ook s[orcplanned fo'r Gulf .. community`a itxan roan ad` . Pl7°-`. ., .... Steakes' jogiiYa]pg got underway ivit+h�i95t' We'll uhlish P(zom P aFthe Month and;yf ivLif get Plaasesend!our Ietterto: Roberts. Road r.I he fii5t pnrtfcipants'.• Pliers fora rketwerc onscbccltaccozd=::. `itfreei6;x-9'cnit ement Front „ P.Q: Box 145L Poisit fax (301345- .. ,- . y;•• Grafg'{ole�f rn�vr} aitcl,Cvlc. D"�le taPii`Qto e11I plidtos Twill ]ie WA 987.81;tii .In g to crlf ll • 1613, - <W return _ o owuts L. 18 All Point Bulletin *July 1995 SERVICES UNLIMITED Custom. Building, Tile, Drywall, Decks, Masonry, Plumbing, Light Electrical, Finish Carpentry No JOB Too LARGE OR TOO SMALL Insured & Bonded 11cM SERVIu-O66ML Phone (206) 945-1955 The Cannery RV PARK & CAMPGROUND Best location in Point Roberts Waterfront Sites Available - Dump Station • • Hot Showers • 'f Reasonable Rates: Daily, Monthly, Yearly Call Lorne at 945-3116 Area Services Inc. Construction & Remodeling Gary Pringle General contractor 945-2874 Licensed, Bonded & Insured Lic. # AREAS1091CO Dependable • Efficient • Courteous Service _P INI,,, Ros T"Since 1934" Darrell Neyens ■i 1825 Franklin St Bellingham, WA 98225 FREIGi T . Serving Residences& Businesses For6l Years Srnatl Packages To ifuckloods Far..All Your Needs (360)676-1174i (360) 676-1198 Fax DV CLIUd ��A�E ti._, . t... ,, ., 4 NG pN� STO HEAD OFFICE: B�,S. MQV� lDE MOVING (6o4946.0027 LINES WORLDW n rt AS V11N 'Movin¢ to or from Ron LaPorte Letters (continued from page 4) troubles involving the Point Roberts water board are of concern to me as a 25-year tax- paying resident of the Point. Upon looking for a still center in the maelstrom of whirling words emanating from board members as reported m your recent issues. I focus on the following remarks in com- missioner Claudette Upton's statement apro- pos of her resignation: (1) "that water dis- tricts throughout Point Roberts' history have been ... dysfunctional for at least 30 years," (2) "My personal belief is that sum- mer residents... should have some say on sour choice of future," and (3) "1 strongly "believe ihat... Point Roberts needs a five - person board of water commissioners." Putting these points together, one is forced to the conclusion that commission- er Upton would favor the concept of a five - person board, two of whom were "summer residents" (read -Canadians") if that were legally feasible. I gather that under existing U.S. law it is not legally feasible, and that seems to be the nub of the matter. Why not change the law insofar as it applies to Point Roberts? There are already grounds for a quid pro quo: Campobello Island, which belongs to New Brunswick and is linked by a bridge to Maine, is the site of Roosevelt -Campobello international Park, administered by a joint Canadian - American commission. We Canadians are noted for our (mostly) soft voices and (usu- ally) good manners. The three U.S. com- missioners would still have a controlling interest Who knows - it might work, and couldn't he any worse than the present shambles. After all, the water comes from Canada. Warren Stevenson Vancouver, B.C. 6r Point Roberts The Editor: -' " i just wanted to write to say how much I enjoyed going to my first field day in Point Roberts The events were very well orga- nized and everyone seemed to be having fun there, I especially enjoyed the hot dogs. Thanks to all for making my day so much fun I'm looking forward to next year already Mitchell Holliday, age 2 Point Roberts The Editor: Field Day '95 was held on June 3and was a great success. On behalf of the Point Roberts parent teacher organization we would like to thank everyone who made it possible. We had many gcnerum donations from: International Marketplace, Kiniski's ment and having EMT's on site, and Ste Dyde of The Happy Cyclist for his help the bike race. Of course we cannot forF, die volunteers who worked so hard to ma it such a special day. We could not ha done it without you! A special thank you to volunteers Aan Nelson (our early bird helper) and Nath: Nelson (Big Bird) who helped us out a It .And lastly, thank you to all the kids wl attended. We hope you all had a good tin and we look forward to seeing you at Fie Day '96. Laura Sitko Point Roberts The Editor: i would like to take this opportunity say Thank You' for all the support the A Point Bulletin gives to the Point Rober PTO. We appreciate the huge display photos after each event, as well as all it extra "lice- publicity you gave for our Fie. Day'95 event. It's always good to see s many kids able to come to these events ar to be able to see themselves in the paper Renee Coe, President Point Roberts PTO Point Roberts Mr. Dick Prieve, Whatcom Ct Maintenance and Operations and Th Editor: Thank you for returning my call to yot department last week. I was interested i hear the reasons behind the decision t chipseal some of the roads in Point Robert I believe the Deer Park Subdivision is o your agenda this summer - that is - De( Road, Mouse Trail, Weasel Run (and pri sumably Foxhole and Bear Trap). As for my family and many of our neigl bors, we are concerned: it is a real pleasur to walk, drive and bike on such a smoot. road, leaving endured the teeth -rattling hot rors of using Benson Road to reach our re= idences. You said that it is a matter of economics i.e., chipsealing lasts longer and is cheap er than asphalt. That is understood - an, with economics m mine - why then, do yot want to chipseal our roads now? With th, exception of a few spots on Weasel Run, w• seem to have one of the better roads it Point Roberts. We only get very light Iota traffic. i just don't see the need to "upgrade any of these roads. A personal factor is that 1 have a young son who is just learning to ride his bicy cle and I don't want him having tht inevitable spills on a road like Benson. i would be like landing on pieces of embed- ded glass. I have neighbors with the same concerns. LEGAL ADVERTISING INSERTION ORDER/INVOICE Your Legal Advertising for the total month will be summarized on your monthly statement. �' ;76 THE BELLINGHAM HERALD 676-2600 • 384-0878 P.O. Box 1277 • Bellingham, WA 98227 7�1�lp INCHES TOTAL LINES AFFIDAVIT CHARGE TOTAL CHARGE $ $ $ a DAY MON TUE ED THU FRI SAT SUN MONTH 1 2 3 4 6 7 B 9 10 11 12�, DATE 1 2 3 4 5 6 7 8 9 10 �Gr' 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 c I c- AFFIDAVIT: LEGALNO. PA. # DAYS!R�UN *ACCOUNT NUMBER ❑ BLUE / ❑ WHITE ❑ NO AFFIDAVIT I . AD CONTENTS: * PLEASE REFERENCE ACCOUNT NUMBER WHEN PAYING STATE OF WASHINGTON, ss Affidavit of Publication COUNTY OF WHATCOM, _NWICE Gail Kihn being first CLOSG T�RATI NE duly sworn on oath says: That (s)he is the Public Notices Clerk of BOOKS ANDSPECCW, The Bellingham Herald, a daily newspaper of general circulation in PROCEDURE, said county and state and of Federated Publications, Inc., a Dela- The registration books in Point Roberts water ware Corporation (publisher of said newspaper), and authorized to District No, 4, Whatcom County, Washington will make this affidavit; that the legal notice entitled in the cause and he closed to original res- trations and transfers be- court named on the attached copy which is a true and correct copy lween preeinCts after Sat- urday. June 1o, 1995, until of the original (and hereinafter referred to as "Notice") was pub - after the S eclat Election to be held on Tuesday. lished in the regular and entire issue, and not in supplement, of Jufy 11, 1995. The special registration be ins the day after the e�nsing of each number of said newspaper published and circulated on the registration and ends nn .Lune 26, 1995. Durin this following dates, to wit: period the unregistered qualified elector may reg. May 31, 1995 inter to vote in person m the Office of the county au- ditor and appf For an ab- sentee ballot.v Shirley For;lof Whatcom County Auditor and Ex-off-icio supervisor of Elections (L4424) that for more than six months prior to the date of the first publica- tion of said Notice, at all times since, and now, the said "The Bell- ingham Herald" has been established, published and circulated in the English language continuously and continually as a daily newspaper in the city of Bellingham, Whatcom County, Washing- ton, the same being at all times printed either in whole or in part in an office maintained at said place of publication; that such news- paper has been approved as a legal newspaper by order of the Superior Court of Whatcom County, Washington; that the full amount of the fee charged for such publication is $ 23.63 Subscribed and sworn to before me this tt" l014410 F � . e day of XN _ :� to `" • e # N� 11 A q: Nfill 19 95 NOTARY PUBLIC in and for the State of Washington, residing at Bellingham WHATCOM COUNTYAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County June 26, 1995 Kristin Lomedico 1428 Rex St. Point Roberts WA 98281 Dear Kristin: The recall election scheduled for July 11 at Point Roberts concerning Point Roberts Water District Commissioner is officially canceled. As you know John Lesow has resigned, thereby nullifying the election. Thank you for calling the other poll workers to inform. them of the cancellation also. The next scheduled election in Point Roberts is the Primary September 19 and the General November 7, 1995. Again, thank you for your time and help during the election process. Sincerely. Shirley Fo : lof Whatcom County Auditor SF/ce Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 7384556 WHATCOM COUNTYAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County June 26, 1995 Aileen M. Crosetti 769 Claire Ln Point Roberts WA 98281 Dear Aileen: Aij The recall election scheduled for July 11 at Point Roberts concerning Point Roberts Water District Commissioner is officially canceled. As you know John Lesow has resigned, thereby nullifying the election. The next scheduled election in Point Roberts is the Primary September 19 and the General November 7, 1995. Thank you for your time and help during the election process. Sincerely, Shirley Forsl Whatcom County Auditor SF/ce Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 73BA556 WHATCOM COUN YAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County June 26, 1995 Anna Duenow P0Box 611 Point Roberts WA 98281 Dear Anna: The recall election scheduled for July 11 at Point Roberts concerning Point Roberts Water District Commissioner is officially canceled. As you know John Lesow has resigned, thereby nullifying the election. The next scheduled election in Point Roberts is the Primary September 19 and the General November 7, 1995. Thank you for your time and help during the election process. Sincerely, Shirley Fors of Whatcom County Auditor SF/ce Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 7384556 G NOTICE OF RECALL ELECTION ►j OF POINT ROBERTS WATER DISTRICT. 4 COMMISSIONER WHATCOM COUNTY, WASHINGTON TUESDAY, JULY 11, 1995 NOTICE IS HEREBY GIVEN THAT on Tuesday, July 11, 1995, a Recall Election will be held in the above -named county and district, for the submission to the qualified electors of said district. The Ballot Synopsis of said Recall Election is as follows: BALLOT SYNOPSIS FOR THE RECALL OF JOHN LESOW It is -alleged that John Lesow, Point Roberts, Washington Water District No. 4 Commissioner has committed malfeasance in office by using district property for his private benefit, by using the district office phone lines and a photocopier to conduct his private business. The use of the phone line continued even after a request to stop and assurance that he would. This use interfered with district business by making the office inaccessible by phone while in use by Mr. Lesow for his private business. RESPONSE TO PETITION CHARGES FROM JOHN LESOW The charges listed are fictions created to bring about this recall election. They have no basis in fact. Washington state law does not require the charges to be true. So what is the issue Here? My unwillingness to go along with the "old boy" network entrenched on local boards is a matter of record. I was elected to represent legitimate public interests on the Point and have actively supported developments that are in the best interests of the Point Roberts community. I have opposed the disposition of Water District property for a fraction of appraised value. I have opposed the complete closure of Roosevelt Road. Such opposition is shared by a majority of this community. The problems of divisiveness and high legal expenses at the Water Board existed prior to my election. I have made an honest effort to address these problems as an elected Commissioner and intend to continue that effort. If you agree that unelected interest groups should control all development on the Point, then this recall is your opportunity to be rid of John Lesow. That will free up considerable time for me and my family. If you feel I represent a legitimate point of view and that I have the best interests of Point Roberts at heart, then insist I continue to serve. Vote "AGAINST° this recall and the personal agendas of its sponsors. FOR THE RECALL OF JOHN LESOW . . . . . . . . . AGAINST THE RECALL OF JOHN LESOW . . . . . . . / Precincts wholly or partially within the district shall be as follows: PRECINCT POLLING PLACE Point Roberts The Old Fire Hall, Gulf Rd., Pt Roberts Said polling place shall be open from 7:00 o'clock a.m. to 8:00 o'clock p.m. Shirley /o0unty slof Whatcom Auditor and Ex-officio Supervisor of Elections Publish: July 5, 1995 CASCADE RICHMOND FAX 604-271-3657 PACE 01 317 Madmna Place Point Roberts, WA 98281-9104 Phone: (380) 945-2620 June 13. 1995 Ms. Shirley Forslof Whatoonl County Auditor Whetcam County Courthouse 3i1 Grand Avenue P.O. Box 398 Bellingham, WA 99227-OMS FW. 206-7$$-4556 Re-. ReVall of Water Commisalonor John Lwow Dear Ms. 170mle, Over the past three months. Mr. 5yd Wallace and the Point Roberts Registered Votor's Association have actively subverted public review of the factual sufficiency of the relereneod recall charges. These actions constituts both a denial of due process and a dear violation Of the intent and spirit of the TeCall statute and relevant case holdings. This recall is an acknowledged attempt tay a fxo•sewer laciion in the Point Roberts community Ito cancel the results of the November. ISE3 electiori arfd "pot our own people on the Water Board.' 1 refuse to parlldpato' in this devious and Cowardly use of the electoral process and have this data submitted my resignation as Commissioner of Point Roberts Water District l4. 1 suggest you cancel the ��hedriled recall election of July 11, 1995. 1 can assure you that the circumstances surrounding this recall will be the subject of judicial review. cc: Mr. Ralph Munro Secretary of State Olympia. WA PT. ROBERTS W_ D. U4 2069453021 :. P.17 a 3 pai i F June 13, 1998 j i Mr. Dan Bourks i pistricE Manger Point Roberts Water District #4 ; 2090 Benson Road Point Roberts, Washington = � 98281 Dees Dan: hereby resign my; position as Comrnissipngr; Point Roberts Water i'istd I ; immediately. i Yours truly, IT hn Lesow _ ? ACC. Shirleyorsl_of, Auditor of Wh�atco � o nt f r m�u v i CC. Mr. Brian L. Hansen, P.S. s i Resik, Hansen and Foil is : ;1 •I, • ; lli� P.02 I i i L Ilace ts; WA 1-�104 I I r WHATCOM COUNTYAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County Memorandum To: Motor Voter Staff From: Joyce Herrin Date: June 13, 1995 Subject: Notice of Recall Election, July lith, 1995 in Point Roberts Precinct only. All registered voters with the city of Point Roberts, WA registering by June loth will be eligible to vote in the Point Roberts Precinct Recall Election. We will try to remember to be more timely in the future. Thank you. Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 738A556 WHATCOM COUNTYAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County June 7, 1995 FAX TO: Pat Grubb PAGES 5 All Point Bulletin FAX (206y945= l 6 P-) 3-3-4 -,--7 7 % 7 FROM: Shirley Forslof Whatcom County Auditor FAX (360) 738-4556 SUBJECT: Recall Election of John Lesow, Pt. Roberts Water District No. 4 Commissioner Attached is a final Response to Petition Charges from John Lesow, Pt Roberts Water District No. 4 Commissioner and a Notice of Recall Election. The Notice of Recall Election will be published in the Bellingham Herald on Wednesday, July 5, 1995. If you have any questions, please call me at (360) 676-6744. WHATCOM COUMYAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County June 7, 1995 John Lesow 317 Madrona Place Point Roberts, WA 98281 Dear John: Enclosed for your information is a copy of your final response to the petition charges and a copy of the Notice of the Recall Election. Also a copy of a letter to Syd Wallace. The Notice of Recall Election will be published in the Bellingham Herald on Wednesday, July 5, 1995. If you have any questions, please call me. Sincerely, Shirley Fo of Whatcom County Auditor cc: John Lesow Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 7384556 WHATCOM COUNTYAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County June 7, 1995 Sydney J. Wallace 528 South Beach Road Point Roberts, WA 98281 Dear Syd: ;ow .: Enclosed for your information is a copy of the final response to the petition charges from John Lesow Pt. Roberts Water District No. 4 Commissioner and a Notice of the Recall Election. The Notice of Recall Election will be published in the Bellingham Herald on Wednesday, July 5, 1995. If you have any questions, please call me. Sincerely, Shirley F slof Whatcom County Auditor cc: John Lesow Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 7384556 CASCADE RICHMOND FAX 604-271-3657 PAGE 01 PAW- 21 $17 Ana rkw Faint Roberts, W=NrKtDrr USA Bmi-3104 Phone: (SM 94 -a= May31, ISM i bb.:hb*v Forwot Whetaam Cou* ALKRW whatcom Ca,rdy COurtt xxm 311 Grand Anent» 8c6in2ham, WishkUbn 5=7 - 0399 fliz: ?i1 ?W-4aB& Fw. RwAU poppet VYatnr Comm rlmw _ feet Ms F&siot. RECEIVED SHamy MpsLOr U'"ATCOM COWTY AUMT" MAY 3 11995 1':ur1w t4 YOurs o7 Way 24, 1995 pionm fame eunctmd my mocGRW FL6gp rw The rbeYponB` is 224 wortia, in aowrdmwewith 'i.G.W. azziim liaspeolhdyr sutxriLte�d, ' John L.vaow Commi99ioner � � p9itR Roberts YVaw Dil&kt 44 ALL Ga: A& Brien L hatun t FsOokk Hanson & Fable 1t &7 W CASCADE RICHMOND FAX 604-271-3657 PAGE 02 RIt1"a FAX 694-27i—MS7 I rie Cnargsc Acted are fictlorIt cm ind to bdM about tti6 WWI elecOM- Thw} haw rm hair. in fecal lAbo*r as we low does not usquke the cha m to he taw so whet its fie lsa Flem? mr uraviA'ngnam ID go a1Drq %Qh the -0I6 enimme t64 On loeai haneds Is RL o$tber of regard, I ems m�zc1V(t to M mgem ftftma p jbk interests *n the polrlt and have a mxvotted deveLpm►cnls that am In the Ib=t inIb i W of the Roberta oo1hC11[may I ham C;Kwed the diuipot~'tiort of 9tlaler flfdrk:t pup" for a. fraclton al apprWred vadw I have cW med the O+t+ltpleIP& Ebmu& od F10 wmk void. Such Qopoedtian is shored by a mmimfty 01 Iris oommtanky. The pfeMme of dhfwmnmm and fogh ** tog-.-M%ft at the Wdar Bowd Rmd.d pm to my elimcbon. I hmm maw an haDW od* to add-ss tha ss pratoleatis at an Aaaled Ccunw tss�.ter and lnm d io contiaaa tttet dEorL =nttvl all develppmenl on doe p" x k thm this mcag Isyour a`porU. py to be lid of Jotm L&e9aw. 7hd will hies Up ConVaeraW tlms fog• Me and nV t8lttilp. If peu loot 1 re K""t a loolmm point of vilwendthet I hwa me beet inwastavt Point Rabmk atthEzit than intisi l ncN*Atra to g6N4L MAWSr— IV v*je 'dNW* thtc recall and tlla p msm al-agar:day of its apON&& f>;esIy subm119etl. .vit.l Lusaw Commisslor mr Fbntt Hobaris W sWr District i4 ILECEIVED SmIRL£Y FaRSWF tiJ KkTC.s7M COUNTY AIWOR ma 3 1 1995 NOTICE OF RECALL ELECTION COMMISSIONER OF POINT ROBERTS WATER DISTRICT NO. 4 WHATCOM COUNTY, WASHINGTON TUESDAY, JULY 11, 1995 NOTICE IS HEREBY GIVEN THAT. on Tuesday, July 11, 1995, a Recall Election will be held in the above -named county and district, for the submission to the qualified electors of said district. The Ballot Synopsis of said Recall Election is as follows: BALLOT SYNOPSIS FOR THE RECALL OF JOHN LESOW It is alleged that John Lesow, Point Roberts, Washington Water District No. 4 Commissioner has committed malfeasance in office by using district property for his private benefit, by using the district office phone lines and a photocopier to conduct his private business. The use of the phone line continued even after a request to stop and assurance that he would. This use interfered with district business by making the office inaccessible by phone while in use by Mr: Lesow for his private business. RESPONSE TO PETITION CHARGES FROM JOHN LESOW The charges listed are fictions created to bring about this recall election. They have no basis in fact. Washington state law does not require the charges to be true. So what is the issue Here? My unwillingness to go along with the "old boy" network entrenched on local boards is a matter of record. I was elected to represent legitimate public interests on the Point and have actively supported developments that are in the best interests of the Point Roberts community. I have opposed the disposition of Water District property for a fraction of appraised value. I have opposed the complete closure of Roosevelt Road. Such opposition is shared by a majority of this community. The problems of divisiveness and high legal expenses at the Water Board existed prior to my election_ I have made an honest effort to address these problems as an elected Commissioner and intend to continue that effort. If you agree that unelected interest groups should control all development on the Point, then this recall is your opportunity to be rid of John Lesow. That will free up considerable time for me and my family. If you feel I represent a legitimate point of view and that I have the best interests of Point Roberts at heart, then insist I continue to serve. Vote "AGAINST" this recall and the personal agendas of its sponsors. FOR THE RECALL OF JOHN LESOW . . . . . . . . . AGAINST THE RECALL OF JOHN LESOW . . . . . . . /_/ Precincts wholly or partially within the district shall be as follows: PRECINCT POLLING PLACE. Point Roberts The Old Fire Hall, Gulf Rd., Pt Roberts Said polling place shall be open from 7:00 o'clock a.m, to 8:00 o'clock p.m. Shirley F rslof Whatcom ounty Auditor and Ex-officio Supervisor of Elections WHATCOM COUNTY AUDITOR 311 Grand Avenue P O Box 398 Bellingham, Wa 98227 (360) 676-6742 fax (360) 738-4556 fax to: Sally Andrews fax #: 206 - 535-4579 from: Joyce Herrin, Elections date: June 7, 1995 subject: Ballot page proof pages: two NOTES: Sally, Just remove the word (to) after the word against. Thanks, Joyce U) ffi OEIP mqt c z m M 3 r n c z rl m N Et can cr.c 012 -04 a 0CL dapC.m S § a .-. r F 3x CD M3 co o m w o 42 CL $ P 3 a I $ i S C2. a agsag m a jm03FL CLim 3 . 3 0CD ar I I ... 0 z 0 :3 m acr �a v 3�? CL fl = t mm3-1- m m a Cam'; A r 4 d z f— m F� z M M -1 Z W -4 0 0 r C. S O OA r� C 40 W 2 oo.�ts-3 -�raxmz08-Qvm 6v�� aiL9cR9©= max+ ab�p7 from c—ply r'�m FIR to Ond c m, m m 4 m� pm3A v���su �_r � '+7 g a = ��5r9-may M rn� �Qp imia4'o ' m � MM:,5�W 4 a+ o Z. C v ro o a cn !� A? rD Eco Q. • ap b paw 1-�Zi m g yr m � a 40 ro w CL Z 'd 'STEH MESH I ,L6'IM TV Z�:L QHM 56—L —Nllf WHATCOM COUNTY AUDITOR 311 Grand Avenue P O Box 398 Bellingham, Wa 98227 (360) 676-6742 fax (360) 738-4556 fax to: Sally Andrews, Ballots & Business Forms fax #: 206-535-4579 from: Joyce Herrin, Election Dept. date: June 6, 1995 subject: ballot page for July llth election pages: three NOTES: Sally, Yes, it should read "AGAINST" this recall. We are keeping Here with a capital letter. And yes I noted the new numbers. Please fax back. Thank you. JUN— 6-95 TOR 10:02 AM EALLOT & BUSINESS FORMS. ti P. 2 �� C � Q•��� m S4a S D Q 3D =m�,�OL co ¢ 3 0 = W V W CD {j n 0 CA L�9P ... ;:L O a C, n a <Dag o a ]3 W7 Cr 5 m or (D m m -4 z v� s 0y Z+� t V/ O 0 m Z m fop 0 C) Q rwo rrl _0___�j polio C� C7 a 7Pf 'CFv.mgoz_ roMo ��mD¢g m my sn 14 lb CL 8-0 CD ID r'n YS 0(P?=m ro ro GZm .. a4i3� SAC9�m m 06 - EQ.t-ta5wmq-n � 0. � 00 C_ ro o O. proms w U� Q-mac � y lw I,- � 0 m N �C�� � sir+ =� , nro A'a' m 5 tfS '0 -3,C ro C N. ro LCk"m co ro �t t .0 C ip _ t'fl {D = a LDw c'A fm C I C. l \ -y L �► O 4 o m rn C3 0 o+ JUK- 6-95 TUE 10:04 AM i BALLOT & BUSINESS FORMS. P. 3 a a m a a w a c r O 0 � cr c M L r-WA -n r' rn 0 to a 0 CL cD WHATCOM COUNNAUDITOR Whatcom County Courthouse Si,2' � '•,�� 311 Grand Avenue_ �_..:..-�;�`�" •�v°'', r P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County June 2, 1995 MEMO TO: Dan Gibson, Civil Prosecuting Attorney FROM: Shirley Forslof, Auditor SUBJECT: John Lesow's under 250 word Resp nse to Recall Petition Please review the attached modified response to the Recall Petition from John Lesow, Pt. Roberts Water District No. 4 Commissioner. As you are aware, his response is to appear on the July 11, 1995 Recall Election Ballot. If there are any changes, please let me know right away as we are short on time in ordering the ballot pages from the printer. Absentee Ballots are to be available by June 21, 1995. If you have any questions, please call me. Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 7384556 CASCADE RICHMOND FAX 604-271-3657 PAGE 01 May 31. 1995 Ms. Shirley Forstof Whatcom County Auditor Whatcom County Courthouse 311 grand Avenue P.O. Box 398 Bellingham, Washington 98227 - 0398 Fie: Recall Potition WmWr Ccmml"loner John Lesow Dear Ms. Forslof: 317 Madrona Place Point Roberts, Washington U.SA 9a281-9144 Phone: (360) 9454620 RECEIVED.,, SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR MAY 3 1 199s Further to yours of May 24, 1995, please find auachad my modified Response- The Response is 224 words, in accordance with R_C.W. 29.82.105. Respectfully submitted, John Lasow Commissioner Point Roberts Water District #4 E �- cc: Mr. Brian L Hansen Resick, Hansen & FoIGs CASCADE RICHMOND FAX 604-271-3657 PAGE 02 I he charges fisted are fictions created to bring about this recall election. They have no basis in fact Wastimgton state law does not require the charges to be true. So what is the issue Here? My mWillingness to go along with the "old boar network entrenched on local boards is a matter of record. I was elected to represent fitimate public interests on the Paint and have actively supported developments that are in the best interests of the Point Roberts community. I have opposed the disposition of Water DIsthct property for a fraction of appralsed value. I hayo opposed the complete closure of Rooseveh Road. Such opposition is shared by a majority of this c=munity. The problems of divisiveness and high Isgal expenses at the Water Board existed prior th my election. 1 have made an honest effort to address these problems as an elected Commissioner and Intend to continue that effort. If you agree that unelected interest groups should control all development on the Point then this recall is your opportunity to be rld of John I_esow. That will free up oonsiderabte time for me and my family. If you reel t represent a legitimate point of view and that I have the best interests of Pant Roberts at heart, then insist I continue to serve_ Vote "NO" to this recall and the peisonel agendas of its sponsors. Respectfully sub mMed, Ybhn Lesow Commissioner Point Roberts Water District 114 RECEI`iED SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR tay 3 1 1995 WHATCOM COUNTYAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County June 2, 1995 MEMO TO: Dan Gibson, Civil Prosecuting Attorney FROM: Shirley Forslof, Auditor SUBJECT: John Lesow's under 250 word Resp nse to Recall Petition Please review the attached modified response to the Recall Petition from John Lesow, Pt. Roberts Water District No. 4 Commissioner. As you are aware, his response is to appear on the July 11, 1995 Recall Election Ballot. If there are any changes, please let me know right away as we are short on time in ordering the ballot pages from the printer. Absentee Ballots are to be available by June 21, 1995. If you have any questions, please call me. Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 738-4556 CASCADE R I CHMOND FAX 604-271-3657 PAGE ©1 May 31. 1995 Ms. Shirley Forslof Whatcom County Auditor Whatcom County Courthouse 311 Grand Avenue P.Q. Box 398 Bellingham, Washington 98227 - 0398 Fax: 206-738-4556 Fie: R ocall Petition W r n Lesow Dear Ms. Forslof: 317 Madrona Plaoe Paint Roberts, Washington U.S.A. 98281-9104 Phone: (360) 945-2820 ]RECEIVED., SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR MAY 3 1 1995 Further to yours of May 24, 1995, please find xuached my modified Response. The Response is 224 words, in accordance with R.G_W. 29.82.105. Respectfully submitted, r! A - 1 John Lesow Commissioner Point Roberts Water District #4 Att. cc: Mr. Brian L. Hansen Resick, Hansen & Follis CASCADE RICHM014D FAX 604-271-3657 PAGE 02 1 he charges listed are fictions created to bring about this recall election_ They have no basis in fact Washington state law does not require the charges to be true_ So what is they issue Here? My unwillingness to go along with the "old bold" network entrenched on local boards is a matter of record. I was elected to represent Iboitimate public interests on the Point and have actively supported developments that are in the Crest interests of the Point Roberts community. I have opposed the disposition of Water district property for a fraction of appraised value. I havo opposed the complete closure of RooseveR Road. Such opposition is shared by a majority of this community. The probleme of divisiveness and high legal expenses at the Water Board existed prior to rry election. 1 have made an honest effort to address these problems as an elected Commissioner and Intend to continue that effort. If you agree that unelected interest groups should control all development on the Point, then this recall is your opportunity to be rid of John Lesow. That will free up considerable time for me and my family. if you feel t represent a legitimate point of view and that I have the best interests of Point Roberts at heart, then insist I continue to serve - vote "NO" to this recall and the personal agendas of ite sponsors. ResDectfully submitted. Commissioner Point Roberts Water District 114 SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR t y 3 1 1995 z WHATCOM COUNTYAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County June 1, 1995 Sydney J. Wallace 528 South Beach Road Pt. Roberts, WA 98281 Re: Under 250 Word Response to Petition Charges from John Lesow Dear Syd: Enclosed is a copy of the "Response to Petition Charges" received from John Lesow, Pt. Roberts Water District No. 4 Commissioner. The response is under 250 words and was received in my office on May 31, 1995. As you are aware, the date of the Special Recall Election is July 11, 1995. If you have any questions, please feel free to call me. Sincerely, Shirley Forslof Whatcom County Auditor Encl: cc: John Lesow Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 738-4556 It CASCADE RICHMOND FAX 604-271-3657 PAGE 01 wine Robam, Wm"nwrr �� Li.SA 98�1-J1d4 Phwe; pRM SM-a Z0 may31, tam A+iz. stray Fot$ipr Whetadm cat"y Audw WhoRU{p 00wnty Carr hmg;,D 311 (Ron!Axesua P.O. Box *$a 8o1Anjaham, Wrn ,q=7 - rYl9$ c_ Fke: Racolt pegp� bear M& Format: .RECEIVED. SHMUY FOR.SLOF WHAT,COM CC3W Y Aiii7MR MAY 3 1 IW5 FUrdw W YQUfs e1 May N, lira, %Aatrs* sna euactiwd my moaW RaVmW The Pteaponse 4 2m won* in assmdams on R.0,w. 28.8Z 1 m Fiespe�tfully 9utin�d, �1 .inl�n E_vaaw Commi99iamr - ! Point Rabeft Wa1f gxrkt 04 -- 61 147,9s ALL dc: W Brian L Hawwn Ra Hanson & Fb+li8 re, n �� (54441� CASCADE RICHMOND FAX 604-271-3657 CRSCarF RIQ-i jND FAX FA4-27i—= PACE 02 PAGE 02 I t►e c"wpe6 RSted alb ri IngltS cr_,jnd to Lump &bout ttf& w=1 electk)n. Thoy kuiw rru bias infect ' n.r][on =W hm doss not requbrw ths chw9w to h& tits. So whet is Me issue Here? Its wx4&Vn8ss to ga au}np vMh the "old W nark ar imnClIM OR kXA br rft Ig L BMW 4F i'E=tt I � dudMd 1e represeftt f pk;ntann pudic kftmsis ort the paint and have anfiniy sa{rported deav6pntrnts that are In this bout irltwwta Of the POW Robette c0Mffwq. I LveOppWidihr: dWotdtfon of WOW 011drictprep" for a iracWn of aMrWwd vWm I have uppo9ad the Orttplele elaw & ai FWQwv0& Road. Such 9PPWftn is rhmed W a m*rity of Iris W"n> • Zhr ptott MS of dvldvanm wW ftlph I@W sgetuas at drs Wider B=411 WSW POW tG R7 ek'ion, t harry mau an hpnM ain't to address ihs s4 pWents 1w ow, Aaemd Cm=,N- rrn end Intend 10 mn$raretlm EdWL If you *pros Ihol unglod ad iaue wt pmupt shoved wntrvl nil devnlppr %nl an do paM thm ttiE recall Iryour apporLMN to be rld of John Law#. That will iraa up oon5iaereble time, for rat: and 9W tttnir L 9 ynu foal 1 repro"et a terflRff= point of 4m rrsjd diet I hava re bast intarastn ut Pram. Fatmds at ZtsarC then envsi I adtinue to OWL* vote VOW thta recall and to pewwa1 agenclas of ft GWO. +��pecaltilly tr;lgttl�ad, Yst L_u5ioh11 C91rrmIS3I4nCr Don't Hoberb Water DixbM #4 MLRVY FCRUQF WKATC0M COUNTY AUt51TCR MV 3 1 1995 WHATCOM COUNNAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County NOTICE OF THE CLOSING OF THE REGISTRATION BOOKS AND SPECIAL REGISTRATION PROCEDURE The registration books in Point Roberts Water District No. 4, Whatcom County, Washington will be closed to original registrations and transfers between precincts after Saturday, June 10, 1995, until after the Special Election to be held on Tuesday, July 11, 1995. The special registration begins the day after the closing of registration and ends on June 26, 1995. During this period the unregistered qualified elector may register to vote in person in the office of the county auditor and apply for an absentee ballot. J Shirley Forslof Whatcom County auditor and Ex-officio Supervisor of Elections Publish: May 31, 1995 Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 738-4556 CASCADE RICHMOND FAX 604-271-3657 PAGE 01 May, 31. 1995 Ms. Shirley Forstof Whatcom County Auditor Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, Washington 98227 - 03913 Re: Recall Petition Water GoMmi"loner John I-esow Dear Ms. Forslof: 317 Madrona Plaoe Point Roberts, Washington U.SA 98281.9104 Phone. (380) M4 2620 RECEIVED SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR MAY 3 1 1995 Further to yours of May 24, 19,25, please find attached my modified Response. The Response is 224 words, in accordance with R.C.W. 29,82.105. Respectfully subrnitted, John Lwow Commissioner Point Roberts Water District #4 US! Do: Mr. Brian L Hansen Resick, Hansen & Follis CASCADE RICHMOND FAX 604-271-3657 PAGE 02 I he charges listed are ffctlons created to bring about this recall election. They have no basis in fact Washkujton state Ism does, not require the charges to be true. So what is the issue Here? My u"Milingness to go along with the "old boy" network entrenched on local boards is a matbar of record. I was dected do represent I6gitimate public interests on the Point and have actively supported developments that are in the best interests of the POW Roberts eommunity. I have opposed the disposition of Water District property for a fraction of appraised value. I havo opposed the complete closure of Roosevelt Road. Such opposition is shared by a majority of this c=munhy. The problems of divisiveness and high legal expenses at the Water Board existed prior W my election. I have made an honest effort to address these problems as an elected Commissioner and Intend to continue that effort. If you agree that unelected interest groups should control all development on the Point; then this recall is your opportunity to be rid of John Lesow. That will free up oonsiderabte time for me and my family. If you feel I represent a legltlmate point of view and that I have the best interests of Point Robarts at heart, then insist I continue to Serve. vats "NO" to this recall and the personal agendas of its sponsors. Respectfully submitted, ,) Jbhn Lesow Commissioner Point Roberts Water DisMct #4 REICEIVIED SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR tAA'f 3 1 1995 CASCADE RICHMOND FAX 604-271-3657 PAGE 01 May 31, 1995 Ms. Shirley Forstor Whataom County Auditor Whatcom County Courthouse 311 Grand Avenue P.C. Box 398 . Bellingham, Washington 98227 - 0398 Re: Recall PeOtIon Winter CommlaalQner John Lesow Dear Ms. Forslot: 317 Madrona Plaoe Point Roberts, Washington U.S.A. 98281-9104 Phone. (360) W4 2620 ke'c'e wHATCOM C O SLop AfAy oU" AUDITCLY 199,; Further to yours of May 24, 1995, please find allached my modified Response. The Response is 224 words, in a=rdance with R.C.W. 29.82.105. Respectfully submitted, John Lew Commissioner Point Roberts Water District #4 Alt. Co: Mr. Brian L. Hansen Resick, Hansen & Follis CASCADE RICHMOND FAX 604-271-3657 PAGE 02 I he charges listed are fictlons created to bring about this recall election_ They have no basis in fact_ Washington stale law does not require the charges to be true_ So what is the issue Here? My unwillingness to go along with the "old boy" network entrenched on local boards is a matter of record. I was selected to represent legitimate public interests on the Point and have actively supported developments that are in the best interests of the Point Roberts community. I have opposed the disposition of Water District property for a fraction of appraised value. I have opposed the complete closure of Roosevelt Road. Such opposition is shared by a majority or this community. The problems of divisiveness and high legal expenses at the Water Board existed prior to my election. have mane an honest effort to address these problems aas an elected Commissioner and Intend to continue that effort. If you agree that unelected interest groups should control all development on the Point, then this recall is your opportunity to be rid of John t_esaw. That will free up Don5iderabfe time for mo and my family. If you feel I represent a legitimate point of view and that I have the best interests of Pant Roberts at heart, then insist I continue to serve. Vote "NO" to this recall and the personal agendas of its sponsors. Respectfully submitted, 41, d'ohn Lesaw Commissioner Point Roberts Water District #4 RECEIVED SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR M AY 3 1 1995 WHATCOM COUNTYAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County NOTICE OF THE CLOSING OF THE REGISTRATION BOOKS AND SPECIAL REGISTRATION PROCEDURE The registration books in Point Roberts Water District No. 4, Whatcom County, Washington will be closed to original registrations and transfers between precincts after Saturday, June 10, 1995, until after the Special Election to be held on Tuesday, July 11, 1995. The special registration begins the day after the closing of registration and ends on June 26, 1995. During this period the unregistered qualified elector may register to vote in person in the office of the county auditor and apply for an absentee ballot. Shirley Forslof Whatcom County auditor and Ex-officio Supervisor of Elections Publish: May 31, 1995 Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 7384556 ]RECEIVED SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR _ 317 Madrona Place ���� Point Roberts, Washington U.S.A. 98281-9104 Phone: (360) 945-2620 May 31, 1995 Ms. Shirley Forslof Whatcom County Auditor Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, Washington 98227 - 0398 Fax: 206-738-4556 Re: Recall Petition Water Commissioner John Lesow Dear Ms. Forslof: Further to yours of May 24, 1995, please find attached my modified Response. The Response is 224 words, in accordance with R.C.W. 29.82.105. Respectfully submitted, ILA John Lesow Commissioner Point Roberts Water District #4 Att. cc: Mr. Brian L. Hansen Resick, Hansen & Follis The charges listed are fictions created to bring about this recall election. They have no basis in fact. Washington state law does not require the charges to be true. So what is the issue Here? My unwillingness to go along with the "old boy" network entrenched on local boards is a matter of record. I was elected to represent legitimate public interests on the Point and have actively supported developments that are in the best interests of the Point Roberts community. I have opposed the disposition of Water District property for a fraction of appraised value. I have opposed the complete closure of Roosevelt Road. Such opposition is shared by a majority of this community. The problems of divisiveness and high legal expenses at the Water Board existed prior to my election. I have made an honest effort to address these problems as an elected Commissioner and intend to continue that effort. If you agree that unelected interest groups should control all development on the Point, then this recall is your opportunity to be rid of John Lesow. That will free up considerable time for me and my family. If you feel I represent a legitimate point of view and that I have the best interests of Point Roberts at heart, then insist I continue to serve. Vote this recall and the personal agendas of its sponsors. Respectfully submitted, ; IRECEI-VED SHIRLEY FORSLOF WHAT COM COUNTY AUDIT01Z J ,'ohn Lesow Commissioner Point Roberts Water District #4 r rr WHATCOM COUNTYAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County May 24, 1995 John Lesow Pt. Roberts Water District No. 4 Commissioner 317 Madrona Place Point Roberts, WA 98281-9104 Re: Response to Petition Charges We have received your timely response to the Recall Petition. However, you must modify your response to bring it into conformity with R:C.W. 29.82.105 in that presently it is in excess of 250 words. Since we feel it was an innocent mistake, we are sending it back so that you can review and modify it to get it down below the requirement. You have until June 6, 1995 to have your modified response under 250 words in the Auditor's office. The June 6th date will allow us sufficient time to order the ballot pages and include your modified response. If you have any questions, please do not hesitate to contact me. Sincerely, ShirleyFor of Whatcom County Auditor cc: Sydney J. Wallace Post-ItTm brand fax transmittal memo 7671 # w pages ► / Y To From Le-5 Co.V Co. IiA Gov 94z3- Phone r flZ _79Fax Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 738-4556 WHATCOM COUNTYAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County May 24, 1995 John Lesow Pt. Roberts Water District No. 4 Commissioner 317 Madrona Place Point Roberts, WA 98281-9104 Re: Response to Petition Charges 1 y'• 1 F 1 We have received your timely response to the Recall Petition. However, you must modify your response to bring it into conformity with R.-C.W. 29.82.105 in that presently it is in excess of 250 words. Since we feel it was an innocent mistake, we are sending it back so that you can review and modify it to get it down below the requirement. You have until June 6, 1995 to have your modified response under 250 words in the Auditor's office. The June 6th date will allow us sufficient time to order the ballot pages and include your modified response. If you have any questions, please do not hesitate to contact me. Sincerely, ShirlevFor of Whatcom County Auditor /, r--4 x. cc: Sydney J. Wallace Auditor - Accounting Recording (206) 676-6740 (206) 676-6741 Post -It'" brand fax transmittal mMN /To L c- r dCo. fv�Dept. G7 f�Fax.# 9s47-s1s7�s-sG clo, 61 y 726 - /'/,2 d "- -r--s- - "_ Elections Motor Vehicle Licensing FAX (206) 676-6742 (206) 676-6743 (206) 738-4556 -JOURNAL- ****>************ DATE MAY-25-1995 ***** TIME 10:30 ******** NO. COM PAGES FILE DURATION X/R IDENTIFICATION 15 OK 002 16 OK 001 17 OK 001 18 OK 002 19 OK 001 20 OK 005 21 OK 003 22 OK 001 23 OK 001 24 OK 002 25 OK 002 26 OK 002 27 OK 001 28 420 000 29 OK 001 30 404 000 31 OK 003 32 OK 001 01 OK 002 02 OK 002 03 OK 003 04 OK 001 05 OK 001 06 OK 001 07 OK 001 OS OK 003 09 OK 001 10 OK 001 11 634 000 12 634 000 13 634 000 14 OK. 001 00:01'06 XMT 202 00:00'44 RCV 00:00'36 XMT 203 00:01'31 RCV 204 00:00'43 RCV 00:03'16 XMT 205 00:02'31 RCV 00:01'13 XMT 206 00:00'50 RCV 207 00:03'50 RCV 208 00:01'10 RCV 209 00:01'37 RCV 00:00'41 XMT 00:00'39 RCV 210 00:01'52 RCV 00:00'28 XMT 00: 02' 10 XMT 00:00'52 XMT 211 00:01'38 RCV 212 00:03'42 RCV 213 00:04'06 RCV 00:00'29 XMT 214 00:00'43 RCV 00:00'49 XMT 00:00'29 XMT 215 00:01'42 RCV 216 00:00'36 RCV 00:00'46 XMT 00:00'00 XMT 00:00'00 XMT 00:00'00 XMT 00:00'48 XMT a 122560456206332277 WHATCOM CO ENGINEERS a 122560456360664083 2063663616 WHATCOM CO ENGINEERS a 96766558 a 122560456206945161 7331803 206 671 4912 a 122560456360664365 2065992558 a 122560456360902393 a 122560456360902393 a 122560456360902393 1 206 671 2363 1 503 526 0517 a 122-560456-503-643 1 360 738 7302 a 122-560456-305-944 a 1225604562OB332326 206 676 1180 206 676 2583 a 122560456206332277 a 122560456604943457 a 122560456604943457 a 122560456604945457 a 122560456604?36142 DATE TIME MAY-19 14:31 MAY-19 14:55 MAY-19 15 : 24 MAY-21 14:41 MAY-22 09:50 MAY-22 10:34 MAY-22 10:37 MAY-22 14:55 MAi'-23 06:55 MAY-23 09:40 MAY-23 10:35 MAY-23 11:04 MAY-23 11:17 MAY-23 11:27 MAY-23 11:29 MAY-23 11:35 MAY-23 11:38 MAY-23 11:41 MAY-23 13:08 MAY-23 13:24 MAY-23 14:21 IIAY-23 14:52 MAY-23 15:05 MAY-24 09:33 MAY-24 13:58 MAY-24 15:00 MAY-24 15:11 MAY-24 15:51 MAY-24 16:17 MAY-24 16:41 MAY-24 17:05 MAY-25 10:20 -I,,IHATCOM COUNTY AUDITOR - DIAGNOSTIC 00004502C7000 0150260AC0000 F040440AC2000 01502602C0000 0150260ACOOOO 9040440AC0000 0110260AC0000 E0004402C0000 01102604C2000 015027OA47000 01102702C7000 01502602CO000 3000450AC7000 0010260200000 015026OCC2000 9040440AC0000 9040440AC000O 9040440ACOOOO 011O270AC7000 01502705C7000 01502703C7000 F0004503C7000 01502703C7000 00404402C2000 C0044903C7000 0150260AC0000 01502703C7000 00004502C7000 5555�5555�555 5rr r r r �5.5••5 5rG5 FAX-310 U2.18)* M IAIVOM COUNTY PROSECUTING ATTORNEY David S. McEachran CIVIL DIVISION Whatcom County Courthouse 311 Grand Avenue, 2nd Floor Bellingham, WA 98225 CHIEF CIVIL PROSECUTING ATTORNEY Randall J. Watts MEMORANDUM CIVIL DEPUTY PROSECUTING ATTORNEYS Karen N. Frakes Daniel L. Gibson TO: Shirley Forslof Auditor FROM: Randall J. Watts Chief Civil Deputy Prosecuting Attorney RE: Response to Petition Charges from John Lesow DATE: May 22, 1995 I have reviewed Mr. Lesow's response and I agree with you. I have gone over it a couple of different ways. One is including that a Mr. Wallace as being one word rather than two and Mr. and Mrs. Mansfield being two rather than four and December 1, 1994, being one rather than three and I still come out to barely over 250 words. As a result, I would agree with you that it is not in compliance with 29.82.105. The question is now, what do we do? In discussing this with Dave McEachran our consensus is that you should write a letter to Mr. Lesow indicating that for purposes of receiving a timely response that what we have will be accepted. Therefore, his response will be timely. However, he must modify that response to bring it into conformity with 29.82.105 in that presently it is in excess of 250 words. Since we feel it was an innocent mistake, we are sending it back so that he can review it and modify it to get it down below the requirement. Give him a reasonable time to do that, if he complies with that then go ahead and start setting your special election. If you have any questions, please do not hesitate to contact me. ]RECEIVE! SHIRLEY WHATCOM COUNTY AUDITOR r,,W' 2 4 1995 RJW:tz Phone (360) 676-6940 FAX 738-2532 COUNTY 398-1310 SCAN 676-6940 R E T U R N 0 F S E R V I C E STATE OF WASHINGTON ) ss Cause No. 95-2-00518-3 COUNTY OF WHATCOM ) In Re: The Recall of John Lesow Point Roberts Water District #14 Commissioner vs Plaintiff Defendant I, DALE BRANDLAND, Sheriff of Whatcom County, State of Washington, do hereby certify that I received the annexed Letter from ShirleyForslof, Whatcom County Auditor; Synopsis of the Charge; Certification of Sufficiency on the loth day of May 19 95 for service upon the defendant Svdney J. Wallace named therein: that I served same on the 22nd day of May 1995 , at the hours of M. within the County of Whatcom, State of Washington, as follows: PERSONAL: By delivering to and leaving with SUBSTITUTE: CORPORATION, BUSINESS, OTHER. GARNISHMENT: the said defendant personally, a copy of said above mentioned documents After diligent search and inquiry, was unable to find the defendant_ Sydney J. Wallace I served by delivering to and leaving with Hilda Wallace, his w f_,- personally, she being a person of suitable age and discretion, then resident therein at the house and usual abode of said defendant,'a copy of said above mentioned documents On said (Name of Organization) by delivering to and leaving with (Name of Person) the (Position a copy of said On said _ of said (Type of Organization) above mentioned documents (Garnishee Defendant) by delivering to and leaving with (Name of Person) M the of said (Position) (Type of Organization) 16 at its office at (Address) (City) N a copy of said Writ of Garnishment, accompanied by four answer forms, a which were -addressed to the Clerk 43 three postage prepaid envelopes pre uf C of the Court, the Plaintiff or his attorney, and to the Defendant ~ and a check in the amount of $10.00. Dated this 22nd day of May 1995 DALE BRANDLAND, Sheriff SHERIFF'S FEES: Whatcom County Service $ k C� Travel $ By ' TOTAL $ —4avid Scott Deputy R E T U R• N 0 F S E R V I C E STATE OF WASHINGTON ) COUNTY OF WHATCOM ) ss Cause No. S. J. Wallace vs John Lesow Plaintiff Defendant I, DALE BRANDLAND, Sheriff of Whatcom County, State of Washington, do hereby certify that I received the annexed (See list of naners served on the rPvPrse side) on the 14th day of March 1995 for service upon the defendant John Lesow named therein: that I served same on the 14thday of March 1995, at the hours of M. within the County of Whatcom, State of Washington, as follows: PERSONAL: By delivering to and leaving with John Lesow the said defendant_ personally, a copy of said above mentioned documents SUBSTITUTE: After diligent search and inquiry, was unable to find the defendant_ I served by delivering to and leaving with personally, he being a person of suitable age and discretion, then resident therein at the house and usual abode of said defendant, a copy of said above mentioned documents CORPORATION, On said BUSINESS, (Name of Organization) OTHER. by delivering to and leaving with (Name of Person) the of said (Position) (Type of Organization) a copy of said above mentioned documents GARNISHMENT: On said (Garnishee Defendant) by delivering to and leaving with (Name of Person) the of said (Position) (Type of Organization) at its office at (Address) (City) a copy of said Writ of Garnishment, accompanied by four answer forms, three postage prepaid envelopes which were pre -addressed to the Clerk of the Court, the Plaintiff or his attorney, and to the Defendant and a check in the amount of $10.00. Dated this 20th day of March 1995 DALE BRANDLAND, Sheriff SHERIFF'S FEES: Whatcom County Service $ Travel $ By TOTAL $ David Scott Deputy 1. Letter to Prosecuting Attorney David McEachran from Whatcom County Auditor Shirley Forslof dated March 13, 1995. 2. Receipt dated March 13, 1995 from Whatcom County Auditor Shirley Forslof to S. J. Wallace for statement of Recall Proceedings for Recall of Pt. Roberts Water District #4 Commissioner John Lesow. 3. Letter from S. J. Wallace dated March 13, 1995 to Whatcom County Auditor Shirley Forslof. 4. Demand For Recall Of Water Commissioner John Le -sow. 5. Statement - signed by Martin.P. Mansfield and Kathleen M. Mansfield. 6. Memorandum dated March 6, 1995 to Commissioners Calder and Upton from John Lesow. 317 Madrona Place Point Roberts, Washington U.S.A. 98281-9104 Phone: (3bU) y45-2620 May 19, 1995 Ms. Shirley Forslof Whatcom County Auditor Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, Washington 98227 - 0398 WHArcoM cotJNTY AUpROR MAY 22] 1995 Re: Recall Petition Water Commissioner John Lesow Dear Ms. Forslof: In accordance with RCW 29.82.105 "Response to Petition Charges" please find attached my response to the charges set forth in the ballot synopsis. RESPONSE TO PETITION CHARGES Use of Photocopier for Private Business have never used the Water District photocopier for private business. The allegations by Mr. Wallace and Mr. and Mrs. Mansfield that I have done so have no basis in fact. Mr. Mansfield's allegation that I admitted to using the District photocopier at a Water Board meeting on December 1, 1994 is a deliberate lie and is unsupported by a detailed review of the audiotape of that meeting. 2. Use of District Phone Lines for Private Business Prior to my assuming office, there was just one phone available for the public and Commissioners to use, and it was located on the desk of the District Manager. The public, the Commissioners, and also the staff, used this phone for a variety of calls, both personal and public in nature. Upon assuming office, I brought in my own phone, to allow me to return calls received relating to the Water District without interfering with the Manager's business or allowing the public access to materials on the Manager's desk, some of which might be valuable and at risk due to the unrestricted access. Ms. Shirley Forslof, Whatcom County Auditor May 19, 1995 Page 2 Our Attorney's Report of December 29, 1994 concluded that I had never charged any call to the District, limited my calls in duration and ceased making any such calls since the Water Board discussed the matter in Executive Session on November 3, 1994, with the single exception of one personal call conducted on November 4, 1994. I am accused of violating RCW 42.20.010. This statute was repealed by the Washington Legislature in 1994. Even if the statute were in effect and the conduct alleged were true, such activity would not constitute a violation of RCW 42.20.010. State ex rel. Becker v. Wiley, 16 Wn 2d 340, at 354-7, 133 P. 2d 507 (1943). Respectfully submitted, �ohn Lesow Commissioner Point Roberts Water District #4 RECEIVE]) SHIRLEY FORSLOF WHATCc)M COUNTY AUD!iOF MAY 2.2 1995 J 11U► 1CWG1 111d11 ►wU Wit CFAU► blUG, 11 111 111J w •il./ vjL1A11UJ16 a �,a. u►u . bildt1 Ul, utJu „UL •wJ �, ... -• • - •- - • - - .umber would cause undue delay or disruption of the verification the certification and, whenever possible, on one of the dates provid- . - rocess. Any such limitation shall apply equally to both sides. If ed in RCW 29.13,020, but no recall election may be held between - . - 3e elections officer finds the same name signed to more than one the date of the primary and the date of the general election in any -. etition, he or she shall reject all but the first such valid signature. : ' calendar year. Notice shall be given in the manner as required by (3) Where the recall of a state-wide elected official is sought, the law for special elections in the state or in the political subdivision, 1 :cretary Of state may use any statistical sampling techniques for as the case may be. ' erification and canvassing which have been adopted by rule for _'' Enacted by Laws 1965, ch. 9, § 29.82.100, eff. Matr3t 5, 1965. Amendai by v anvassing Initiative petitions under RCW 29.79.200. No petition I Laws 1971, Ex.Sess., ch. 205, § S. eff. May 21, 1971; Laws 1977, Ex.Sess.. ' :i•. ch. 361, 108, eff. Tan. 1, 1478; Laws 1984, cb. 170, § 8. 411 be rejected .on the basis of any statistical method employed. e § v [o petition will be accepted on the basis of any statistical method Historical and Statutory Notes mployed if such method indicates that the petition contains less Effective dat"everabillty—Laws Source; -ian the number of signatures of legal voters required by Article I, l�n, Gx Seas., ch. 361: see Historical Li,ws 1913, ch 146, g 9, end Statutory Notes following § 29.01•- l sction 33 (Amendment 8) of the state Constitution. oa6 RRS § 5338. nacted by Laws 1965, ch. 9, § 29.82.090. eff. March 5, 196. Amended by aws 1977, ExSess, ell. 361, § 107, eff. Jan. 1, 1978; Laws 1984, ch. 170, 9evorabtllty—Laws 1971 Eat.Scss, % �• . ch. 205: Sec. Iistorical and Statutory 7. Notes following § 29,82.025. .. i o Historical and Statutory Notes Library References , Effective date—Severnblltty—Lawn . Source: i Officers and Public Employees 4-70'h. us. s. Officers and Public Employees Y77, Ex -Seas., ek 361: See Historical Laws 1913, ch. 146, $ 9. WESILAW Topic No. 283. .: §§ 182 to 185. -rd Statutory Notes following § 29.0t.• RRS § 5358. 16. 'Notes of Decisions Ldb References In general 1 be delayed until ,45 days from date of •a ~. retry conclusion of the federal trial; if he WESfLAW 7ople No. 283. US. Officers and Public Farlployees would .be :there convicted, .the' Issue Officers and Public Employees4+70h. §§ 182 to 185. s l In generat : would be moot and cltizentt of Pierce t7i7 Where petition to recall county sheriff county would be saved the cost of a t" dotes of Deddona was based on federal indictment charg meaningksa dectfon, if he would not be - t general 2 v. Moser (1983) 99 1Nash.2d 456, 662 tag Win with racketeering, and trial of convicted, the recall might proceed. Ja- r I general y 1 v.2d Moser 1 that charge was transferred to San Fran• novieh V. Huron (1979) 91 Wash.2d 767, l dsco, the recall election was required to , 592 P.2d 1096. f ' u 2. In genera] , N Validity Canvassing of remaining signatures on 29.82.1105. Response to petition charges LIJ This section Is unconstitutional to the recall petitions after having already When a date for a special recall election is set the certifying -tent that it precludes the audltor from counted the minimum necessary to hold Bunting even one of the duplicate signa- a recall election was not mandatory and officer shall serve a notice of the date of the election to the officer 0 res where any elector signs more than hence not a prerequisite to fixing an tvltose recall is demanded and the person demanding recall. The LL 1e recall petition, In light of the broad election date. Poders4nl v. Moser (1983) �nstltutlonat right of recall- Pederson 99 Wash.2ci 456, 662 P,2d 866. manner of service shall be the same as for the commencement of a pivil action in superior court. After having been served a notice of m he elate of the election and the ballot synopsis, the officer whos N 9.82.100. Fixing date for recall election —Notice M recall is demanded may submit to the certifying officer a response, If,•at' the:concluslon of the verification and canvass, it is found not to exceed two hundred fifty words in length, to the charge in1at a petition for recall bears the required number of signatures o -contained in the ballot synopsis. Such response shall be submitted a, ertified ,legal voters, the officer with whom the petition is filed -by the seventh consecutive day after service of the notice. The i 1all promptly certify the petitions as sufficient and fix a date for ;certifying officer shall promptly send a copy of.the response to the to special election to determine whether or not the officer charged person -who -filed-thc-pe-(ition. ; - iall be recalled and discharged from office. The special election Enacted by Laws 1980, ch. 42, § 1. Amended by Laws 1984, ch. 170, § 9. 500 rxa saws-1a 501 317 Madrona Place Point Roberts, Washington 98281-9104 OPAY Ms. Shirley Forslof Whatcom County Auditor Whatcom County Courthouse 211 Grand Avenue P.O. Box 398 Bellingham, Washington 98227 - 0398 ff ��- o off. CD Gyeo � �04b WHATCOM COON YAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County May 19, 1995 Sydney J. Wallace 528 South Beach Road Pt. Roberts; WA 9828-1 Re: Response to. Petition Charges from John Lesow Dear Mr. Wallace: Enclosed is a copy of the "Response to Petition Charges" received from John Lesow, Pt. Roberts Water District No. 4 Commissioner. The notice of the date of the Special Election to consider the Recall of Pt. Roberts Water District No. 4 Commissioner John Lesow was served to John Lesow by Whatcom County Sheriff s Deputies on Sunday, May 14, 1995. As you are aware, the date of the Special Election will be July 11, 1995. Sincerely, Shirley Fors of Whatcom County Auditor Encl: 3 Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 738-4556 P�CEIVED SHIRLEY FORSLO up�OR wwcom COUNTY MAY 19 1993 May 19, 1995 Ms. Shirley Forslof Whatcom County Auditor Whataem County Courthouse 311 Grand Avenue P.O. Box 398 F4,) ' Bellingham, Washington 98227 - 0398 Re: RA ll Petition water CommisAioner John Lesow Dear Ms. Forslof:. 317 Madrona Piave Point Roberts, Washington U.SA. 98281-91 D4 Phone: (380) 945-2620 2,oc. -- 739 -- --*fn'­� In accordance with RCW 29.82.105 "Response to Petitton Charles` please find attached my response to the charges set forth in the ballot synopsis. I. 2. RESPONSE TO PETMON CHARGES Use of Photocopier for Private in ss I have nwer used the Water District photocopier for private business. The allegations by Mr. Wallace and Mr. and Mrs. Mansfield that I have done so have no basis In fact. Mr. Mansfield's allegation that 1 admitted to using the District photocopier at a Water Board meeting on December 1,1994 is a deliberate lie and is unsupported by a detailed review of the audiotape of that meeting. Use of Dist ct Phone lines for Private Business Prior to my assuming office, there was just one phone available for the public and Commissioners to use, and it was located on the desk of the District Manager_ The public, the Commissioners, and also the staff, used this phone for a variety of calls, both personal and public in mature. Upon assumind office, I brought in my own phone, to allow me to return calls received relating to the Water District without interfering with the Manager's business or allowing the public access to materials on the Managers desk, some of which might be valuable and at risk due to the unrestricted access_ h1AY 19 ' 95 010 42PM MY SECP.L PRY OFF SERVICES RECEIVED P.2 SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR Nos. Shirley Forslof, VeWcom County Auditor May 19, 1995 NiAY 1 9 1995 Page 2 Our Attorney's Report of December 29, 1994 conciuded that I had never charged any calk to the District, limited my cab in duration and ceased making any such calls since the Water Board discussed the matter in Executive Session on November 3, 1994, with the single exception of one personal call conducted on November 4. 19N. I am accused of viglating RCW 42-20.010. This statute was repealed by the Washington Legislature in 1994. Even if the statute were in effect and the conduct alleged were true, such activity would 2 t constitute 354-7, 133 P on 42.d 507 (1943)f RCW 1 Q S e ex rel. Becker y. W_ 1 Respectfully submitted, Commissioner Paint Roberts Water District #4 —'` rlRY 19 59 01 : 4SFM W S •"kt fRRY OFF SDDVICES • . . l u }, ' a 1. �+ '+ as TJa T Fr a, r - y' _ • o A n Qn . 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I a4' ti .;:� . .L'r •" .•-.• '• ��••-,L it s.:»rr:,'.�a�"r.`'t••r•� ��: MAY 19 '95 01:41PM MY SECRETARY OFF SERVICES P.1 CF SFiI M COUNTy 1} DTTO� 'W HATCO m l 4 1995 May 19, 1995 Ms. Shirley Forslof - - Whatcom County Auditor Whatcom County Courthouse 311 Grand Avenue P.D. Box 398 F' Bellingham, Washington 98227 - 0398 Re: R90all Petition Agigr commilgal3at JQhn. Loot%, Dear Ms. Forslof; 317 Madmna Place Point Roberts, Washington U.S.A. 98281-9104 Phone: (380) 945-2620 739 In accordance with RCW 29.82.105 "Response to Petition Charges,,, please find attached my response to the charges set forth in the ballot synopsis. RESPONSE TO 1215 [ON CHARGES 1,of Photoc!2pjer for Private I have clever used the Water District photocopier for private business. The allegations by Mr. Wallace and Mr. and Mrs. Mansfield that I have done so have no basis in fact. Mr. Mansfield's allegation that l admitted to using the Distftt photocopier at a Water Board meeting on ❑scember 1, 1994 is a deliberate lie and is unsupported by a detailed review of the audiotape of that meeting. 2. Use of Digid(A-Phone Ungs f r Private Businegs Prior to my assuming office, there was just one phone available for the public and Commissioners to use, and it was located on the desk of the District Manager_ The public, the Commissioners, and also the staff, used this phone for a variety of calls, both personal and public in mature. Upon assl rnJng office, I brought in my own phone, to allow me to return calls received relating to the Water District without interfering with the Manager's business or allowing the public access to materials on the Managers desk, some of which aright be valuable and at risk due to the unrestricted access. MAY 19 '95 01:42PM MY SECRETARY OFF SERVICES RECEIVED P.2 SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR Ms. Shirley Forslof, Whatcom County Auditor May 19, 1995 MAY 1 9 1995 Page 2 Our Attorney's Report of December 29, 19'94 concluded that I had never charged any call to the Distdct, limited my calls in duration and ceased making any such calls since the Water w thBhe singoard lscussed the e exception of onerIn persansCca I c�anutive d cited on 0n On November 3, 19'34' 9 November 4, 1994. 1 am accused of vlo.lating RCW 42.20.010. This statute was repealed by the Washington Legislature in 1994_ Even if the statute were in effect and the conduct alleged were true, such activity would not constitute a violation of RCW 42.20.010. to ex rel. Hecker y. Mel, 16 Wn 2d 340, at 354-7. 133 P. 2d 507 (1943). Respectfully submitted, Commissioner Point Roberts Water District #4 WHATCOM COUN YAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County May 19, 1995 MEMO TO: Randall Watts Chief Civil Deputy Prosecuting Attorney o—� FROM: Shirley Forslof County Auditor SUBJECT: Response to petition charges from John Lesow A notice of the date of the Special Election to consider the recall of John Lesow, Pt. Roberts Water District No. 4 Commissioner was served on John Lesow by the Whatcom-County Sheriffs Deputy on May 14, 1995. R.CW' 29.82.105 provides that the officer whose recall is demanded may submit to the certifying officer a response, not to exceed two hundred fifty words in length, to the charge contained in the ballot synopsis. Such response shall be submitted by the seventh consecutive, day after service of the notice. The response was received in the Whatcom County Auditor's office by FAX on May 19, 1995, within the seven consecutive days. In my opinion, the response contains more than 250 words. Whose responsibility is it to determine if the response contains less or more than 250 words? In your opinion, does the response contain more than 250 words? If so what is the next step? RCW 29.82.130 provides that the ballots at any recall election shall contain a full, true, and correct copy of the ballot synopsis of the charge and the officer's response to the charge if one has been filed. What effect does the 250 word limit have on the officer's response on the ballot page? Is the response printed on the ballot page regardless of the number of words? Thank you for your help in this matter. Please answer the above questions in writing and giving direction as to how to proceed with the printing of the ballot pages and the number of words in the response. Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 7384556 05/19/95 14:14 FAX 2067382494 W19ATCON SHERIFF 16002 R E T U R- N 0 F 5 E R V I C E STATE OF WASHINGTON ) ss COUNTY OF WHATCOM ) In Re: The Recall of John Lesow Pt. Roberts Water District #4 _ Comissioner _ vs Plaintiff Cause No_ 95-2-00518-3 Defendant I. DALE BRANDLAND, Sheriff of Whatcom County, State of Washington, do hereby certify that I received the annexed Letter from ShirleyFbrslo_f, Whatcom County Auditory Synopsi of the Charge; Certification ot Suttlelent on the 10th day of May for service upon the defendant John Lesow named therein: that I served same on the 14th day of May 193, at the hours of M. vithin the County of Whatcom, State of Washington, ae follows: PERSONAL_ By delivering to and leaving with John Lesow the said defendant personally, a copy of said above mentioned documents __ SIIBSTITUTE: After diligent search and inquiry, was unable to find the defendant_ I served by delivering to and leaving with personally, he being a person of suitable age and discretion, then resident therein at the house and usual abode of said defendant, a copy of said above mentioned documents CORPORATION, On said BUSINESS, (Name of Organization) OTHER. by delivering to and leaving with (Name of Person) the of said (Position) (Type of Organization) a copy of said above mentioned documents GARNISHMENT: bn said (Garnishee Defendant) by delivering to and leaving with (Name of Person) t}1e of said (Position) (Type of Organization) at its office at (Address) (City) a copy of said Writ of Garnishment, accompanied by four answer forms, three postage prepaid envelopes which were pre -addressed to the Clerk of the Court, the Plaintiff or his attorney, and to the Defendant and a check in the amount of $10.00. Dated this 15th day of May _ 149!i DALE BRANDLAND, Sheriff SHERIFF'S FEES: Whatcom Coun y Service Travel $ By TOTAL $ David Scatt Deputy R E T U k N O F S E R V I C E STATE OF WASHINGTON ) ss COUNTY OF WHATCOM ) In Re: The Recall of John Lesow Pt. Roberts Water District #4 _ Commissioner vs Plaintiff Cause No. 95-2-00518-3 Defendant I, DALE BRANDLAND, Sheriff of Whatcom County, State of Washington, do hereby certify that I received the annexed Letter from Shirley Forslof, Whatcom County Auditor; Synopsis of the Charge; Certification of Sufficient on the loth day of Mav .19 95 for service upon the defendant John Lesow named therein: that I served same on the 14th day of Mav 19 95 , at the hours of M. within the County of Whatcom, State of Washington, as follows: PERSONAL: By delivering to and leaving with John Lesow the said defendant personally, a copy of said above mentioned documents SUBSTITUTE: After diligent search and inquiry, was unable to find the defendant_ 1 served by delivering to and leaving with personally, he being a person of suitable age and discretion, then resident therein at the house and usual abode of said'defendant, a copy of said above mentioned documents CORPORATION, On said BUSINESS, (Name of Organization) OTHER. by delivering to and leaving with (Name of Person) the of said (Position) (Type of Organization) a copy of said above mentioned documents GARNISHMENT: On said (Garnishee Defendant) by delivering to and leaving with (Name of Person) 3 -�i VV the of said p s (Position) (Type of Organization) yam„ -" 3: ci at its office at ry p (Address) (City) ' •Z 014 a copy of said Writ of Garnishment, accompanied by four answer forms, D p three postage prepaid envelopes which were pre -addressed to the Clerk c�rr C T a, O of the Court, the Plaintiff or his attorney, and to the Defendant and a check in the amount of $10.00. Dated this 15th day of Mav _199_ DALE BRANDLAND, Sheriff SHERIFF'S FEES: Whatcom Couny Service $ Travel $ By TOTAL $ David Scott Deputy r WHATCOM COUN YAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County May 10, 1995 Syndey J. Wallace 528 South Beach Road Point Roberts, Wa 98281 Dear Mr. Wallace: This is your official notice that Tuesday, July 11, 1995 is the date of the Special Election to determine whether or not John Lesow, Commissioner of Point Roberts Water District No. 4, will be recalled and discharged from office. Attached is the Certification of Sufficiency and the ballot synopsis as approved by the Superior Court of Whatcom County. John Lesow may submit to the Whatcom County Auditor a response, not to exceed 250 words in length, to the charge contained in the ballot synopsis. Such response shall be submitted by the seventh consecutive day after service of this notice. If a response is received from John Lesow, a copy of his response will be mailed to you. Sincerely, ShirlevFor 7of Whatcom County Auditor cc: Martin Mansfield Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 7384556 x WHATCOM COUN YAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County May 10, 1995 John Lesow 317 Madrona Place Point Roberts, Wa 98281-9104 Dear Mr. Lesow: This is your official notice that Tuesday, July 11, 1995 is the date of the Special Election to determine whether or not John Lesow, Commissioner of Point Roberts Water District No. 4, will be recalled and discharged from office. Attached is the Certification of Sufficiency and the ballot synopsis as approved by the Superior Court of Whatcom County. You may submit to the Whatcom County Auditor a response, not to exceed 250 words in length, to the charge contained in the ballot synopsis. Such response shall be submitted by the seventh consecutive day after service of this notice. If a response is received from you, a copy of your response will be mailed to Sydney Wallace. Sincerely, Shirley F slof Whatcom County Auditor Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 738A556 X �r WHATCOM COUNNAUDITOR Whatcom County Courthouse _ 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County May 10, 1995 I, Shirley Forslof, Whatcom County Auditor do hereby certify that I have examined the petition for recall of Point Roberts Water District No. 4, commissioner John Lesow. One hundred and forty-nine (149) signatures have been verified which exceeds 350-. of the total votes cast for all candidates for the office to which John Lesow was elected. A sufficiency is therefore established. Shirle Forslof Whatcom County Auditor Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 7384556 WHATCOM COUNTYAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County May 5, 1995 John W. Lesow 317 Madrona Street Pt. Roberts, WA 98281 Dear Mr. Lesow: The time for the canvassing of the petition for recall of John Lesow Pt. Roberts Water District No. 4 Commissioner has been set for 9:00 A.M. Wednesday, May 10, 1995 in the office of the Whatcom County Auditor, Whatcom County Courthouse, 311 Grand Avenue, Bellingham, 98225. You and two other representatives may be present if you so desire. Sincerely, ShirleyFor lof Whatcom County Auditor cc: S. J. Wallace Martin Mansfield Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 738-4556 WHATCOM COUNNAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County May 5, 1995 S. J. Wallace 528 South Beach Road Pt. Roberts, WA 98281 Dear Mr. Wallace: The time for the canvassing of the petition for recall of John Lesow Pt. Roberts Water District No. 4 Commissioner has been set for 9:60 A.M. Wednesday, May 10, 1995 in the office of the Whatcom County Auditor, Whatcom County Courthouse, 311 Grand Avenue, Bellingham, 98225. You and two other representatives may be present if you so desire. Sincerely, Shirley Forslof Whatcom County Auditor cc: John Lesow Martin Mansfield Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 7384556 MEMORANDUM Date: May 3, 1995 From: Pete Griffin, Election Supervisor; 360-676-6742 ext. 50040 To : Martin Mansfield Subject: Pt. Roberts Water District No. 4, Recall This is to acknowledge the receipt of petitions containing % S signatures, on pages for the recall of Commissioner John Lesow of Pt. Roberts Water District No. 4. Signed; Pete Griffin, Election Supervisor Whatcom County Auditor's Office WHATCOM COUNTY PROSECUTING ATTORNEY David S. McEachran CIVIL DIVISION Whatcom County Courthouse 311 Grand Avenue, 2nd Floor Bellingham,.WA 98225 CHIEF CIVIL PROSECUTING ATTORNEY Randall J. Watts MEMORANDUM TO: Shirley Forslof Auditor CIVIL DEPUTY PROSECUTING ATTORNEYS Karen N. Frakes Daniel L. Gibson FROM: Randall J. Watts .J Chief Civil Deput�rosecuting Attorney RE: Request to Withdraw Signature from the Recall Petition DATE: May 3, 1995 In response to your request, I did do some research. I couldn't find anything directly on point with regards to R.C.W. 29.82 but I did find a couple of very old Washington cases. However, I do think that they lend some light on what the procedure is that we should follow. The first one is State ex r e I Harris vs. Hinkle, which is located at 130 Wash. 419 (1924) in which there was a request to the Secretary of State to withdraw some signatures from a prospective initiative. The Court ruled that due to the fact that the local agencies had already certified the signatures and then sent them off to the Secretary of State, he didn't have authority to allow a withdrawal. However, the Court did recognize a right to withdraw but that right may not be exercised at the state level. The local certifying officers exercise the authority to determine the signatures authenticity. See page 432. Electors voluntarily signing petitions might voluntarily withdraw therefrom, at least until the petition had been acted upon. It seemed to leave open the fact that if they had sent their request to the local level so that their signatures could have been withdrawn prior to the local auditor certifying the results to the Secretary of State that that would have been permitted. You then take a look at the case of Rominger VS. Nellar, 97 Wash. 693 (1917). This is a little bit closer on 'point in that it is a recall petition for a County Commissioner. In this particular case the recall petition had been filed and the petition was found to be sufficient. Phone (360) 676-6940 FAX 738-2532 COUNTY 398-1310 SCAN 676-6940 Shirley Forslof May 3, 1995 Page 2 Subsequent to the Court finding the sufficiency there were petitions filed with the Auditor containing sufficient number of names of the qualified voters of the County to require that an election be held. The petitions were filed on November 6, 1916. On that date the Auditor notified the Appellants that he would proceed to canvass the petitions on Wednesday, November 15, 1916. Between the date the petitions were filed with the Auditor and the date fixed by the Auditor for canvassing the same, certain of signers of the petitions filed other petitions addressed to the County Auditor directing him to withdraw their names from the recall petitions and not to count them in making the canvass of the petitions. The Auditor over the objections of the appellants refused to count the persons who had indicated their purpose to withdraw. The result of that• was there was insufficient number of signatures left on the petitions to authorize a special election. The question before the Court was whether electors after having signed a petition for recall, could they withdraw from the petition and thereby prevent their names from being counted as electors favored in the recall. The Court recognized a right to withdraw from a petition. The Court concluded that there is no good reason why one who has changed his mind since signing a petition and who concludes that either public good or his own interest is not in harmony with the petition may not recede from his signature before action is taken on the petition. The rule which permits a withdrawal at any time before final action upon the petition is much more likely to get a real and mature judgment of the voters, and it is calculated to discourage a hasty presentation of a petition for signatures without a full disclosure of the real merits of the question. Once having addressed the question of withdrawal they next addressed the timeliness of the request. The Court reasoned that upon receipt of the petition the auditor must fix a time to commence a canvass of the petition and there would be no delay in the canvass by recognizing withdrawals filed prior to the time of the canvass whether or not they were filed at the time of the original petitions. The Court stated that the Auditor must be satisfied that he person purporting to withdraw is the elector who signed the original petition. This may be done from such evidence as will satisfy the auditor. There is no particular form of proof. Shirley Forslof May 3, 1995 Page 3 So from this case you would find that a signature may be withdrawn from a petition prior to your canvassing of the petitions. You need to satisfy yourself that the one who signs the withdrawal is the same one who signed the original petition. There is no quantum of evidence you need. I suppose that you would use the same evidence that you do with regards to a questioned ballot. You examine the signatures and if you are comfortable with the fact that the signatures are the same, then they are allowed to be withdrawn. If you are not satisfied that the signatures are the same, then they are not allowed to be withdrawn. I hope that this answers your question. If not, please do not hesitate to contact me. RJW:tz WHATC0M COUNTYAUDITOR Whatcom. County Courthouse 311 Grand Avenue P.O. Box 398 .Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County April 27, 1995 Randall J. Watts Chief Civil Prosecuting Attorney Whatcom County Courthouse 311 Grand Avenue Bellingham WA 98225 ­4W -.16 4,a_: Re: Request for Removal of signature on Petition for Recall of John Lesow, Pt. Roberts Water District No. 4 Commissioner I received a phone call from John Lesow Pt. Roberts Water District No. 4 Commissioner asking if registered voters who signed the petition for the Recall of John Lesow Pt. Roberts District No. 4 Commissioner could ask that their name be removed from the petition. He indicated that some registered voters who signed the recall petition would write to the Whatcom County Auditor and request that their name be removed. I informed him that I would ask you for an opinion regarding this issue. He indicated that he would be in Bellingham on Monday, May 1 and hoped to have an answer by that time. Is there a process to remove a signature from a recall petition once it is signed? If a letter is received by the Auditor with a request to remove their name, what process should the Auditor follow? Thank you for your help in answering the above questions? We require your opinion in writing for our records. I am in the office on April 28th, but I will be at an Election Conference May 1 - 4, and back on Friday May 5th. If you have any questions during that time, please call Pete Griffin at 50040. Sincerely, Shirley Forslof Whatcom County Auditor Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 7384556 RECEIVED SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR APR 2 1 1995 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR WHATCOM COUNTY IN RE: ) No. 95-2-00518-3 THE RECALL OF JOHN LESOW ) POINT ROBERTS WATER ) SYNOPSIS OF THE CHARGE DISTRICT # 4 COMMISSIONER ) It is alleged that John Lesow, Point Roberts, Washington Water District No. 4 commissioner has committed malfeasance in office by using district property for his private benefit, by using the district office phone lines and a photocopier to conduct his private business. The use of the phone line continued even after a request to stop and assurance that he would. This use interfered with district business by making the office inaccessible by phone while in use by Mr. Lesow for his private business. DATED this 17 day of April, 1995. MICHA. F. MOYNMM JUDGE MICHAEL F. MOYNIHAN iI -Synopsis of the Charge- r wHATCOM COUNTYAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County April 21, 1995 John Lesow 317 Madrona Place Pt. Roberts, WA 98281-9104 Dear John: Enclosed is an opinion from Randall J. Watts, Whatcom County Chief Civil Deputy Prosecuting Attorney regarding the beginning of the 180 day period for the circulation of signatures on the petition to recall John Lesow, Pt. Roberts Water District No. 4 Commissioner. According to his opinion, April 16, 1995 is the first day for the circulation of signatures. Also enclosed is a copy certifying to the number of votes cast at the November 2, 1993 General Election for John Lesow and Robert A. Wolverton Pt. Roberts Water District #4 Commissioners. This is the election at which John Lesow was elected Pt. Roberts Water District No. 4 Commissioner. The total votes cast was 232. According to RCW 29.82.060 the number of signatures required upon the recall petition shall be signatures of legal voters equal to thirty-five percent of the total number of votes cast for all candidates for the office to which the officer whose recall is demanded was elected at the preceding election. The thirty five percent equals 81 valid signatures. If you have any questions, please call me at (360) 676-6742. Sincerely, Shirley Forslof Whatcom County Auditor cc: S.J. Wallace Encl: 2 Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 738-4556 WHATCOM COUNTYAUDITOR Whatcorn County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County April21, 1995 S. J. Wallace 528 South Beach Road Pt. Roberts, WA 98281 Dear Syd: Enclosed is an opinion from Randall J. Watts, Whatcom County Chief Civil Deputy Prosecuting Attorney regarding the beginning of the 180 day period for the circulation of signatures on the petition to recall John Lesow, Pt. Roberts Water District No. 4 Commissioner. According to his opinion, April 16, 1995 is the first day for the circulation of signatures. Also enclosed is a copy certifying to the number of votes cast at the November 2, 1993 General Election for John Lesow and Robert A. Wolverton Pt. Roberts Water District #4 Commissioners. This is the election at which John Lesow was elected Pt. Roberts Water District No. 4 Commissioner. The total votes cast was 232. According to RCW 29.82.060 the number of signatures required upon the recall petition shall be signatures of legal voters equal to thirty-five percent of the total number of votes cast for all candidates for the officetto. which the officer whose recall is demanded was elected at the preceding election. The thirty five percent equals 81 valid signatures. If you have any questions, please call me at (360) 676-6742. Sincerely, -�4 Shirley Forslof Whatcom County Auditor cc: John Lesow Encl: 2 Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 7384556 WHATCOM COUNTYAUDITOR Whatco.m.County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County April 18, 1995 MEMO TO: Randall J. Watts, Prosecuting Attorney FROM: Shirley Forslof, Auditor SUBJECT: Period for circulation of signatures for sponsors of recall of John Lesow Pt. Roberts Water District No. 4 Commissioner RCW 29.82.025 (2) provides that the sponsors of a recall shall have a maximum of one hundred eighty days in which to obtain and file supporting signatures after the issuance of a ballot synopsis by the superior court. The one hundred eighty day period for the circulation of signatures begins on the sixteenth day following the decision of the superior court. On what date does the sixteenth day begin for the collection of signatures for the recall of John Lesow, Pt. Roberts Water District No. 4 Commissioner? Also what is the last day to collect signatures, providing the full 180 day period is allowed? Thank you for your help in clarifying the above statute. We require your opinion in writing for our records. If you have any questions, please call me. Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 738-4556 ,RECEIVED SHIRLEY FORSLOF WHATCOM COUMY AUDROB APR 2 1 1995 ^i;_ED 5 P? T7 P19 1 37 „�q IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR WHATCOM COUNTY IN RE: ) No. 95-2-00518-3 THE RECALL OF JOHN LESOW ) POINT ROBERTS WATER ) SYNOPSIS OF THE CHARGE DISTRICT # 4 COMMISSIONER ) It i.s alleged that John Lesow, Point Roberts, Washington Water District No. 4 commissioner has committed malfeasance in office by using district property for his private benefit, by using the district office phone lines and a photocopier to conduct his private business. The use of the phone line continued even after a request to stop and assurance that he would. This use interfered with district business by making the office inac.cessible by phone while in use by Mr. Lesow for his private business. DATED this 1� day of April, 1995. MICH AK F. MOYNHUM JUDGE MICHAEL F. MOYNIHAN I -Synopsis of the Charge- WHATCOM COUNNAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227=0398 SHIRLEY FORSLOF Auditor of Whatcom County DATE: APRIL 13, 1995 n 4.. !!� i MEMO TO: N. F. JACKSON, SUPERIOR COURT CLERK FROM: SHIRLEY FORSLOF, AUDITOR SUBJECT: BALLOT SYNOPSIS FOR RECALL OF JOHN LESOW To date the Auditor's office has not received from the superior court a copy of the ballot synopsis for the recall of John Lesow, Pt. Roberts Water District #4 Commissioner. RCW 29.82.023 provides that the court shall certify and transmit the ballot synopsis to the officer subject to recall, the person demanding the recall . .............. and the county auditor. Please forward a certified copy to the Auditor's office. In addition, please forward a copy of non sufficiency to the charges for the recall of Birch Bay Water District Commissioners Carl F. Reichardt, Peter Lewis and Don Montfort. If you have any questions, please call me or Pete Griffin. I will be out of the office on Friday. cc: Randall J. Watts Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 7384556 WHATCOM COUNTYAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County NOTICE OF THE CLOSING OF THE REGISTRATION BOOKS AND SPECIAL REGISTRATION PROCEDURE The registration books in Point Roberts Water District No. 4, Whatcom County, Washington will be closed to original registrations and transfers between precincts after Saturday, June 10, 1995, until after the Special Election to be held on Tuesday, July 11, 1995. The special registration begins the day after the closing of registration and ends on June 26, 1995. During this period the unregistered qualified elector may register to vote in person in the office of the county auditor and apply for an absentee ballot. .ti Shirley Forslof Whatcom County auditor and Ex-officio Supervisor of Elections Publish: May 31, 1995 Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 7384556 PAGE 01 02- May 31. 1995 �; Ms. Shirley Forstof Whatcom County Audhor Whatcom County Courthouse 311 Grand Avenue P.D. Box 398 Bellingham, Washington 98227 - 0398 Fax: 205-73$-4558 Be: Recall ftbtlon Water Cvmrnlxstonffjghn Lesow Dear Ms. Forslot: W7 Madrona Kam Point Roberts, Washington U.SA 9SM1-9104 Phone: (360) M-2620 RECEIVED SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR MAY 3 11995 Further to yours of May 24, 1995, please find altachad my modified Response. The Response is 224 words, in accordance with H-C.W. 29.82.105. Respectfully submitted, John Lesow Commissioner `� l Point Roberts Water District #f4 6 lr"?S� A"- Co. Mr. Brian L Hansen Resick Hansen & FoIGs D A l� �t rCoM C PODS $ OUNry �OF V AU � 19q� CASCADE RICHMCID FAX 604-271-3657 PAGE 02 The charges fisted are fictions created to LAng about this rill election_ They have no basis in fact Washington state lax does not require the charges to be true_ So what is the issue Here? My ur wi9ingness to go along with the 'old boy' network entrenched on local boards is a matter of record. I was elected m represent I66gitimabe public interests on the Point and have actively supported developments that are in the best interests of the Point Roberts ecrnnumity. I have opposed the disposition of Water District property for a fraction of appraised value. I havo opposed the complete closure of Roosevelt Road. Such opposition is shared by a majority or this community. The problems of divisiveness and high legal e4enses at the Water Board a dzted prior to my election. 1 have made an honest effort to address these problems as an elected Commissioner and Intcnd to continue that effort. If you agree that unelected interest groups should control all development on the Point, then this recall is your opportun.lty to be rld of John Lesow. That will free up Donsiderable time for me and my family. If you feel I represent a loglllmate point of view and that I have the best interests of Point Roberts at heart, then insist I continue to serve- �1 Vote '41eWV this recall and the personal agendas of its sponsors. Respectfully submitted, �> ,16hn Les w Commissioner Point Roberts Water District 24 RECEIVED SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR MAY 3 1 1995 Ey%r-D SHIRLEY FORSLOF YFIATCOM COUNTY AUD?TOR MAR 2 1 1995 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR WHATCOM COUNTY IN RE: No. 2 THE RECALL OF JOHN LESOW ) POINT ROBERTS WATER ) PETITION TO APPROVE DISTRICT # 4 COMMISSIONER ) SYNOPSIS AND TO DETERMINE SUFFICIENCY OF CHARGES x. COMES NOW the preparer, RANDALL J. WATTS, in accordance with R.C.W. 29.82.021 and petitions this Court for a hearing so that this Court may determine the sufficiency of the charges laid against John Lesow, Commissioner in the Point Roberts Water District No. 4 and to approve the synopsis which is certified to this court under separate document. II. Said Court sba.l.l set this matter for hearing within 15 days of receipt of this Petition in accordance with R.C.W. 29.82.023. III. Said Court is the proper forum in that John Lesow is a Commissioner for a Water District which is located in Point Roberts, Washington, said district being within Whatr_om County. -Pet t, in1-1- 1 CASCADE RICHMOND FAX 604-271-3657 Vsrch 6, 1995 To: Commissioners Colder end Unton ca-: Stnff At our JKnuAry 5, 1995 meeting, lister District counsel made it cl Anr, nt 1AAet to thi R Commi e+Rf onar, thAt they December 219, 1994 report should remain conf'idAnti nl Pn d thnt ref AA86 to the nu:all e would not bo in the beat interests of the District. If your recont statements in the local newwoeper Pro in fact accurRte, you have now chosen, for reasons best known to 4ourselven, to diarer•nrd our Attorneys Advise And Allow that rAnort to bA released to the public_ If this I. in fAct the case. I withdraw Any RtAtea!ents or nromlRax mndes at the January 5 meeting to Avoid aotif'rontntifnR At future Water Bc,r rd meetings. 'if you Are ho+h unwilling to honor a oleor verbal Agreement with our Attorney, I see no reason to resneot env personRl agreements made with either one of you. Looking forwArd to our MArch 9 meeting. 6 trii1 y ohn LAAow C PAGE 01 :ri IV. That being true, this Court shall set a hearing date within the 15 day limit and shall direct the Clerk of the Court to notify the parties subject to recall as well as the party demanding the recall of the date, time, and place of said hearing. DATED this iv day of March, 1994� Respectfully submitted, R ANDAL T T S-(ZJ WS4B 6314 ChCivil )eputy Prosecuting Attorney Office of the Prosecuting Attorney Whatcom County Courthouse 311 Grand Avenue Bellingham, WA �8225 Phone: (206) 676-6940 Facsimile: (206) 738-2532 --Petition- 2 SYNOPSIS OF THE CHARGE It is alleged that John Lesow, Point Roberts Washignton District #4 Commissioner has committed malfeasance in office by using district property for his private benefit, by repeatedly using the district office phone lines and a photocopier to conduct his private business. The use of the phone line continued even after a request to stop and assurances that he would. This use interfered with district business by making the office inaccessible by phone while in use by Mr. Lesow for his private business. It is further alleged that he committed misfeasance in office by knowingly hiring a person to perform work for the, district outside of the established procedures. And further, by implementing policy to the staff without first having that policy approved by the commission in violation of clearly established procedure. STATE OF WASHINGTON ) COUNTY OF WHATCOM ) ss. CERTIFICATE OF SYNOPSIS I, RANDALL J. WATTS being the preparer of the synopsis, hereby certifiy to the Whatcom County Superior Court that I am forwarding to the Court a true and correct synopsis of the charges that have been laid against John Lesow. In addition, I certify that I am transmitting with this synopsis a true document of the charges which have been laid against John Lesow demanding his recall. Said certification is made in accordance with R.C.W. 29.82.021. DATED this (�U day of 19 9 5 . RANDALL J. WSB # 6314 Chief Civil De ty Prosecuting Attorney Office of the Prosecuting Attorney Whatcom County Courthouse 311 Grand Avenue Bellingham, WA 98225 Phone: (360) 676-6940 Facsimile: (360) 738-2532 -Certificate of Synopsis- y WHATCOM COUNTYAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County March 1351995 DAVID S. MC EACHRAN Prosecuting Attorney MAR 141995 Whatcom County Bellingham, Wash. David S. McEachran Whatcom County Prosecuting Attorney Whatcom County Courthouse 311 Grand Avenue Bellingham WA 98225 RE: Demand for Recall of Water Commissioner John Lesow THIS IS TO CERTIFY that the attached is a true and correct copy filed in the Office of the Whatcom County Auditor, Bellingham, Washington on March 13, 1995 of the Demand for Recall of Point Roberts Water District #4 Commissioner John Lesow filed by S. J. Wallace of 528 South Beach Road, Pt. Roberts WA 98281. Shirley Forsl Whatcom County Auditor Dated this 13th day of March, 1995. Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 738-4556 f WHATCOM COUNTYAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County MARCH 13, 1995 S. J. WALLACE 528 SOUTH BEACH RD PT ROBERTS WA 98281 RECEIVED FROM S. J. WALLACE STATEMENT OF RECALL PROCEEDINGS FOR THE RECALL OF PT ROBERTS WATER DIST. #04 COMMISSIONER JOHN LESOW RESIDING AT 317 MADRONA PLACE, POINT ROBERTS. SHIRLEY ORSLOF WHATCO COUNTY AUDITOR Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX ... .. �. ��. .�... �..�"1 r- 1�nr% r.7r I— , .­ — r- 1 —nr% 7')0 Arrr RECEIVED SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR MAR 1 3 1995 528 South Beach Road-" — ""'""""""""- Point Roberts, Washington 98281 March 13, 1995 Ms. Shirley Forslof Auditor, Whatcom County 311 Grand Avenue - P.O. Box 398 Bellingham, Washington 98227-0398 Dear Ms. Forslof : I am enclosing a formal Demand for the Recall of Water District #04 Commissioner John Lesow on the grounds that he has committed both malfeasance and misfeasance of office under the R.C.W. of the State of Washington. In support of the charges made in the Demand, I am enclosing copies.of (a) a signed statement by Martin P. Mansfield and Kathleen M. Mansfield regarding the meeting of December 1, (b) a memorandum of June 18, 1994 from said John Lesow to the Commissioners and Staff of the Water Board #04, and (c) a memorandum of March 8, 1995 from said John Lesow to Water District #04 Commissioners Calder and Upton. Thank you for your prompt attention to this situation that is seriously 'impairing the operation of the Water District and contributing to considerable concern in our community. Should there be a need for additional information regarding this demand, I can be reached at my home in Point Roberts, telephone 945-2310. encs: Sincerely yours, S.J. Wallace RECEIVESD SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR Y. MAR 1 3 1995 DEMAND FOR RECALL OF WATER COMMISSIONER JOHN LESOW -- _. -- - - w. This demand for the recall of Point Roberts Water District #4 Commtssioner l"ofirt"�"`�'�'"' Lesow is based on the following charges: 1. Malfeasance in that he did use District property for private benefit prohibited under RCW 42.20.010. (a) In January, 1994, shortly after taking office, Mr. Lesow did bring his own telephone into the Water District office and plugged it into the office telephone line, using the phone during office hours, after hours, and on weekends for private business calls, according to Water District Manager D. Bourks. (b) On September 7 and 14, 1994, Mr. Lesow used the phone to make business calls, using such terms as "hydraulic systems," "truck tail gates" and "arrival dates," terms not related to Water District business, but common to the hydraulic equipment he sells in his business. These conversations were noted by the Water District Secretary. (c) On November 3, 1994, Mr. Lesow was in the Water District Office from 7:50 a.m. to 10:30 a.m., using the telephone, calling 800 numbers in his personal sales business for the Cascade Corporation. These calls were witnessed by the Water District Secretary. (d) At the November 3, 1994, regular meeting of the Board of Commissioners of Water District #4, Mr. Bourks, District Manager, requested that Mr. Lesow remove his telephone from the office. Mr. Lesow said that it would be removed at once. Next morning, November 4, 1994, Mr. Lesow was on his phone making a business call. The conversation clearly dealt with truck part terminology. (e) On November 3, 1994, a local contractor called the Water District Office and got repeated busy signals. As a last resort he called the Manager's home. The Manager was at home with a cold. The Manager testified that he then called the Water District Office and got a busy signal. He then went to the Water District Office and said that he found Mr. Lesow using the phone, making the line inaccessible for Water District business. (f) On December 1, 1994, the resignation of the staff was precipitated by the harassment of the District Manager Dan Bourks by Mr. Lesow. This harassment was recorded on tape and was also witnessed by visitors Martin P. Mansfield and Kathleen M. Mansfield (statement enclosed). It was only through the good offices and mediation of the Water District's Attorney, Mr.. Milne, that the staff agreed to remain. The legal cost of the mediation was over $6,000.00. (g) On March 6, 1995, Mr. Lesow wrote to Commissioners Calder and Upton, with copies to the staff, stating if the Commissioners allow the December 29 report from the Water District Counsel to be released to the public, he was withdrawing "any statements or promises made at the January 5 meeting to avoid confrontations at future Water Board meetings." (Copy enclosed). 2. Misfeasance in that he exceeded his authority as a commissioner. (a) In May, 1994, Mr. Lesow advised Manager Bourks that he was going to hire a man to cut the grass on the five -acre site of the Water District reservoir on Churchill Page 1 of 2 Street. The Manager told him that hiring had to be authorized at the next regular meeting of the Water District Board and gave Mr. Lesow a copy of the list of powers and responsibilities of commissioners as prepared by the Washington State Association of Water Districts, taken from the Revised Code of Washington. Mr. Lesow proceeded to hire a man to cut the grass without seeking permission from the Board of Commissioners. (b) On June 18, 1994, Mr. Lesow issued a directive (copy enclosed) to the Water Board Commissioners and Staff, assuming authority which resides only with the Board of Commissioners in session. He attempted to unilaterally impose rules of his own devising dealing with staff, commissioners, and the conduct of meetings. Additional Significant Facts John Lesow resides at 317 Madrona Place, Point Roberts. He does not have a telephone listed for his residence. He does not have an office or telephone in Point Roberts. He can, however, be reached by voice mail at 1-800-421-5887. The terms of the office of the Water Board Commissioners are as follows: Ron Calder's term expires December 31, 1995 John Lesow's term expires December 31, 1997 Claudette Upton's term expires on December 31, 1999. Respectfully submitted this 13th day of March, IJ9q5. S.J. Wallace 528 South Beach Road Point Roberts, Washington 98281 Telephone: (360) 945-2310 STATE OF WASHINGTON ) ) ss. County of Whatcom ) S.J. WALLACE, being first duly sworn upon oath, deposes and says that: I have read the foregoing Demand for Recall, and verify that the same is true and accurate. I believe the charges to be true and have knowledge of the alleged facts upon which the stated grounds for recall are based. S.J. LLACE SUBSCRIBED AND SWORN TO before me this 13th day of March, 1995. zw�• w NOTARY UBLIC in and fo the,State of �, •��''`�' Washington, Residing at �e 1, hu a My Commission Expires Z Page 2 of 2 STATEMENT Reference is made to that certain Point Roberts Water District No. 4 (hereinafter referred to as the "Water District") public meeting on or about December 1st, 1994 at the Benson Road Firehall as between Water District commissioners Claudette Upton (hereinafter referred to as "Upton"), Ron Calder (hereinafter referred to as "Calder") and John Lesow (hereinafter referred 9 to as "Lesow?'), members of the community (hereinafter referred to as the "Public") and Glennys Christie of the All Point Bulletin. (hereinafter referred to as the "Press") wherein the Water Boards business is conducted in open meeting with participation of the Public and the Press. The undersigned as part of the Public in attendance at the above reference meeting did witness the following: An acknowledgement by Lesow that he in fact did use the Water District office for his own personal/business use constituting an act of malfeasance. An acknowledgement by Lesow that he in fact did use the Water District photocopier for his own personal/business use constituting an act of malfeasance. An acknowledgement by Lesow that he in fact did use the Water District telephone/telephone line for his own personal/business use constituting an act of malfeasance. Water District employees, Dan Bourks (manager) and Keri Aydon directed to Lesow the above acts of malfeasance in addition to claims of harassment and unlawful directives to Bourks and Aydon to wit Lesow called both Bourks and Aydon liars in the above referenced meeting in the clear presence of the Public and the Press constituting an act of malfeasance. Signed on the 27th D y of February, 1995 in Point Roberts, Washington. Martin P. Mansfield Kathleen M. Mansfield Resident of Point Roberts Resident of Point Roberts TO: Commissioners/Staff FROM: John Lesow DATE: June 18, 1994 Effective Immediately, the following will apply to Commissioners and staff in the conduct of Water Board business: Staff 1. District Manager's reports to the Board will be written. 2. All staff will attend regular Water District meetings unless absence is excused. An absence will be considered "excused" if due to: a) illness; b) a death in the immediate family;. c) special circumstances revived and approved by the District Manager and majority vote of the Commissioners. Commissioners 1. Commissioners will document all phone conversations on Water District credit cards on the attached form, to be submitted at the end of each month to the District Manager. 2. Commissioners leaving a regular meeting prior to adjournment will be considered absent from that meeting. Meetings 1. Regular meetings of the Water District shall be held in the Water District Offices. If the number of visitors exceeds five (5) persons, the meetings shall be moved upstairs to the Firehall Meeting Room. 2. Meetings will be conducted in accordance with Robert's Rules of Order and the attached procedural guidelines. Please cor tpct me If you h�e ny questions. n4esow ii an WHATCOM COUNTY PROSECUTING ATTORNEY David S. McEachran CIVIL DIVISION Whatcom County Courthouse 311 Grand Avenue, 2nd Floor Bellingham, WA 98225 CHIEF CIVIL PROSECUTING ATTORNEY Randall J. Watts MEMORANDUM TO: AND TO: FROM: RE: DATE: Shirley Forslof Auditor N.F. Jackson Superior Court Clerk CIVIL DEPUTY PROSECUTING ATTORNEYS Karen N. Frakes Daniel L. GibsonX IRECE V Eji� SHIRLEY I�= ORSLO� WHAT SHIRLEY COUNTY AUDITOR Randall J. Watts Chief Civil Deputy Prosecuting Attorney Recall of John Lesow April 18, 1995 It is now my understanding that the synopsis with regards to John Lesow has been issued. In addition I have been in contact with Mr. Visser who has indicated that he is going to be noting in for entry the Order of Insufficiency on the Birch Bay matter. If you have any further questions, please do not hesitate to contact me. RJW:tz U1 Phone (360) 676-6940 FAX 738-2532 COUNTY 398-1310 SCAN 676-6940 RECEIVED WHATCOM COUNTY PROSECUTING ATTORNWV�F FORSLOF 41. David S . McEachran WHATr,OM COUNTY AUDITOR CIVIL DIVISION APR 2 p 1995 Whatcom County Courthouse 311 Grand Avenue, 2nd Floor Bellingham, WA 98225 April 19 1995 CHIEF CIVIL PROSECUTING ATTORNEY Randall J. Watts Shirley Forslof Whatcom County Auditor Whatcom County Courthouse 311 Grand Avenue Bellingham, WA 98225 CIVIL DEPUTY PROSECUTING ATTORNEYS —.a----- Karen N. Frakes Daniel L. Gibson Re: Period for Circulation of Signatures for Sponsors of Recall of John Lesow, Pt. Roberts Water District No. 4 Commissioner Dear Shirley: I have taken a look at R.C.W. 29.82,025(2) which provides that the sponsors have 180 days to obtain and file supporting signatures after the issuance of a ballot synopsis by the Superior Court. It then indicates that that 180 days begins to run on the 16th day following the decision of the Superior Court. In my opinion,- the date of the decision is March 31st, the date Judge Moynihan made his ruling from the bench on sufficiency of the petition. Which means that the 180 days began to run in this case on the 16th of April. So it is 180 days from the 16th of April. The parties collecting the signatures must file those signatures no later than the 180th day. Since they have a maximum of 180 days it cannot be on 181st day. Such as if the 180th day falls on a weekend or on a holiday, they must file their petition on the business day before the 180th day arrives rather than after the 180th day. Since the statute reads a maximum of 180 days, they cannot extend that time period due to a weekend or a holiday. I hope this answers your question. If not, please do not hesitate to contact me. Very truly yours, c �)c RANDALL J. TS Chief Civil D puty Prosecuting Attorney RJW:tz Phone (360) 676-6940 FAX 738-2532 COUNTY 398-1310 SCAN 676-6940 RECEIVED WHATCOM COUNTY PROSECUTING ATTORNKYLEY FORSLOF David S . McEachran WHATCOM COUNTY AUDITOR CIVIL DIVISION APR 2 © iQ�� Whatcom County Courthouse ; 311 Grand Avenue, 2nd Floor Bellingham, WA 98225 April 19 1995 CHIEF CIVIL PROSECUTING ATTORNEY Randall J. Watts Shirley Forslof Whatcom County Auditor Whatcom County Courthouse 311 Grand Avenue Bellingham, WA 98225 CIVIL DEPUTY PROSECUTING ATTORNEYS_•...:...:.. Karen N. Frakes Daniel L. Gibson Re: Period for Circulation of Signatures for Sponsors of Recall of John Lesow, Pt. Roberts Water District No. 4 Commissioner Dear Shirley: I have taken a look at R.C.W. 29.82.025(2) which provides that the sponsors have 180 days to obtain and file supporting signatures after the issuance of a ballot synopsis by the Superior Court. It then indicates that that 180 days begins to run on the 16th day following the decision of the Superior Court. In my opinion, the date of the decision is March 31st, the date Judge Moynihan made his ruling from the bench on sufficiency of the petition. Which means that the 180 days began to run in this case on the 16th of April. So it is 180 days from the 16th of April. The parties collecting the signatures must file those signatures no later than the 180th day. Since they have a maximum of 180 days it cannot be on 181st day. Such as if the 180th day falls on a weekend or on a holiday, they must file their petition on the business day before the 180th day arrives rather than after the 180th day. Since the statute reads a maximum of 180 days, they cannot extend that time period due to a weekend or a holiday. I hope this answers your question. If not, please do not hesitate to contact me. Very truly yours, C RANDALL J. TTS Chief Civil D puty Prosecuting Attorney RJW:tz Phone (360) 676-6940 FAX 738-2532 COUNTY 398-1310 SCAN 676-6940 RECEIVED. WHATCOM COUNTY PROSECUTING ATTORNE-+lkLEY FORSLOF 41 David S . McEachran WHATCOM COUNTY AUDITOR CIVIL DIVISION a PR 2 0 1995 Whatcom County Courthouse 311 Grand Avenue, 2nd Floor Bellingham, WA 98225 April 191995 CHIEF CIVIL PROSECUTING 6IVIL DEPUTY PROSECUTING ATTORNEY ATTORNEYS—.--- --- , , .....- ....�.......s � Randall J. Watts Karen N. Frakes Shirley F o r s l o f Daniel L. Gibson Whatcom County Auditor Whatcom County Courthouse 311 Grand Avenue Bellingham, WA 98225 Re: Period for Circulation of Signatures for Sponsors of Recall of John Lesow, Pt. Roberts Water District No. 4 Commissioner Dear Shirley: I have taken a look at R.C.W. 29.82,025(2) which provides that the sponsors have 180 days to obtain and file supporting signatures after the issuance of a ballot synopsis by the Superior Court. It then indicates that that 180 days begins to run on the 16th day following the decision of the Superior Court. In my opinion, - the date of the decision is March 31st , the date Judge Moynihan made his ruling from the bench on sufficiency of the petition. Which means that the 180 days began to run in this case on the 16th of April. So it is 180 days from the 16th of April. The parties collecting the signatures must file those signatures no later than the 180th day. Since they have a maximum of 180 days it cannot be on 181st day. Such as if the 180th day falls on a weekend or on a holiday, they must file their petition on the business day before the 180th day arrives rather than after the 180th day. Since the statute reads a maximum of 180 days, they cannot extend that time period due to a weekend or a holiday. I hope this answers your question. If not, please do not hesitate to contact me. Very truly yours, RANDALL J . TTS Chief Civil 0 puty Prosecuting Attorney RJW:tz Phone (360) 676-6940 FAX 738-2532 COUNTY 398-1310 SCAN 676-6940 WHATCOM COUNTYAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County March 24, 1995 TO WHOM IT MAY CONCERN: THIS IS TO CERTIFY that the total number of votes cast is 232 for all candidates for the office to which the officer whose recall is demanded was elected at the preceding election of Point Roberts Water District 4 commissioners. John Lesow Robert A. Wolverton General Election November 2, 1993 Votes Cast 119 Votes Cast 113 Total Votes Cast 232 This is to certify that the foregoing is a true and correct copy as shown in the office of the County Auditor, Whatcom County, Washington. x . - Whatcom C unty Audito Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 738-4556 WHATCOM COUNTYAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County March 13, 1995 David S. McEachran Whatcom County Prosecuting Attorney Whatcom County Courthouse 311 Grand Avenue Bellingham WA 98225 �.��[�R� '1 «_.ice-. •_� TI • , ',y* ' � • RE: Demand for Recall of Water Commissioner John Lesow THIS IS TO CERTIFY that the attached is a true and correct copy filed in the Office of the Whatcom County Auditor, Bellingham, Washington on March 13, 1995 of the Demand for Recall of Point Roberts Water District #4 Commissioner John Lesow filed by S. J. Wallace of 528 South Beach Road, Pt.'Roberts WA 98281. Shirley Forsl Whatcom County Auditor Dated this 13th day of March, 1995. Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 7384556 WHATCOM COUNTYAUDITOR Whatcom County Courthouse 311 Grand Avenue P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF Auditor of Whatcom County MARCH 13, 1995 S. J. WALLACE 528 SOUTH BEACH RD PT ROBERTS WA 98281 RECEIVED FROM S. J. WALLACE STATEMENT OF RECALL PROCEEDINGS FOR THE RECALL OF PT ROBERTS WATER DIST. #04 COMMISSIONER JOHN LESOW RESIDING AT 317 MADRONA PLACE, POINT ROBERTS. SHIRLEY FORSLOF WHATCOn COUNTY AUDITOR Auditor - Accounting Recording Elections Motor Vehicle Licensing FAX (206) 676-6740 (206) 676-6741 (206) 676-6742 (206) 676-6743 (206) 738-4556 RECEIVED SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR MAR 1 3 1995 528 South Beach`-'�- Point Roberts, Washington 98281 March 13, 1995 Ms. Shirley Forslof Auditor, Whatcom County 311 Grand Avenue - P.O. Box 398 Bellingham, Washington 98227-0398 Dear Ms. Forslof: I am enclosing a formal Demand for the Recall of Water District #04 Commissioner John Lesow on the grounds that he has committed both malfeasance and misfeasance of office under the R.C.W. of the State of Washington. In support of the charges made in the Demand, I am enclosing copies of (a) a signed statement by Martin P. Mansfield and Kathleen M. Mansfield regarding the meeting of December 1, (b) a memorandum of June 18, 1994 from said John Lesow to the Commissioners and Staff of the Water Board #04, and (c) a memorandum of March 8, 1995 from said John Lesow to Water District #04 Commissioners Calder and Upton. Thank you for your prompt attention to this situation that is seriously impairing the operation of the Water District and contributing to considerable concern in our community. Should there be a need for additional information regarding this demand, I can be reached at my home in Point Roberts, telephone 945-2310. encs: Sincerely yours, i S.J. Wallace RECEIVED SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR P-IAR 13 1995 DEMAND FOR RECALL OF WATER COMMISSIONER JOHN LESOW This demand for the recall of Point Roberts Water District #4 Commissioner"' --John Lesow is based on the following charges: 1. Malfeasance in that he did use District property for private benefit prohibited under RCW 42.20.010. (a) In January, 1994, shortly after taking office, Mr. Lesow did bring his own telephone into the Water District office and plugged it into the office telephone line, using the phone during office hours, after hours, and on weekends for private business calls, according to Water District Manager D. Bourks. (b) On September 7 and 14, 1994, Mr. Lesow used the phone to make business calls, using such terms as "hydraulic systems," "truck tail gates" and "arrival dates," terms not related to Water District business, but common to the hydraulic equipment he sells in his business. These conversations were noted by the Water District Secretary. (c) On November 3, 1994, Mr. Lesow was in the Water District Office from 7:50 a.m. to 10:30 a.m., using the telephone, calling 800 numbers in his personal sales business for the Cascade Corporation. These calls were witnessed by the Water District Secretary. (d) At the November 3, 1994, regular meeting of the Board of Commissioners of Water District #4, Mr. Bourks, District Manager, requested that Mr. Lesow remove his telephone from the office. Mr. Lesow said that it would be removed at once. Next morning, November 4, 1994, Mr. Lesow was on his phone making a business call. The conversation clearly dealt with truck part terminology. (e) On November 3, 1994, a local contractor called the Water District Office and got repeated busy signals. As a last resort he called the Manager's home. The Manager was at home with a cold. The Manager testified that he then called the Water District Office and got a busy signal. He then went to the Water District Office and said that he found Mr. Lesow using the phone, making the line inaccessible for Water District business. (f) On December 1, 1994, the resignation of the staff was precipitated by the harassment of the District Manager Dan Bourks by Mr. Lesow. This harassment was recorded on tape and was also witnessed by visitors Martin P. Mansfield and Kathleen M. Mansfield (statement enclosed). It was only through the good offices and mediation of the Water District's Attorney, Mr. Milne, that the staff agreed to remain. The legal cost of the mediation was over $6,000.00. (g) On March 6, 1995, Mr. Lesow wrote to Commissioners Calder and Upton, with copies to the staff, stating if the Commissioners allow the December 29 report from the Water District Counsel to be released to the public, he was withdrawing "any statements or promises made at the January 5 meeting to avoid confrontations at future Water Board meetings." (Copy enclosed). 2. Misfeasance in that he exceeded his authority as a commissioner. (a) In May, 1994, Mr. Lesow advised Manager Bourks that he was going to hire a man to cut the grass on the five -acre site of the Water District reservoir on Churchill Page 1 of 2 Street. The Manager told him that hiring had to be authorized at the next regular meeting of the Water District Board and gave Mr. Lesow a copy of the list of powers and responsibilities of commissioners as prepared by the Washington State Association of Water Districts, taken from the Revised Code of Washington. Mr. Lesow proceeded to hire a man to cut the grass without seeking permission from the Board of Commissioners. (b) On June 18, 1994, Mr. Lesow issued a directive (copy enclosed) to the Water Board Commissioners and Staff, assuming authority which resides only with the Board of Commissioners in session. He attempted to unilaterally impose rules of his own devising dealing with staff, commissioners, and the conduct of meetings. Additional Significant Facts John Lesow resides at 317 Madrona Place, Point Roberts. He does not have a telephone listed for his residence. He does not have an office or telephone in Point Roberts. He can, however, be reached by voice mail at 1-800-421-5887. The terms of the office of the Water Board Commissioners are as follows: Ron Calder's term expires December 31, 1995 John Lesow's term expires December 31, 1997 Claudette Upton's term expires on December 31, 1999. Respectfully submitted this 13th day of March, 5. r S.J. Wallace 528 South Beach Road Point Roberts, Washington 98281 Telephone: (360) 945-2310 STATE OF WASHINGTON ) ) ss. County of Whatcom ) S.J. WALLACE, being first duly sworn upon oath, deposes and says that: I have read the foregoing Demand for Recall, and verify that the same is true and accurate. I believe the charges to be true and have knowledge of the alleged facts upon which the stated grounds for recall are based. XZ S.J. LLACE SUBSCRIBED AND SWORN TO before me this 13th day of March, 1995. C y1 LP t- !c NOTARY/PUBLIC in and for the State of Washington, Residing at 6/.f Liu My Commission Expires z — _19 _ ^t' Page 2 of 2 STATEMENT Reference is made to that certain Point Roberts Water District No. 4 (hereinafter referred to as the "Water District") public meeting on or about December 1st, 1994 at the Benson Road Firehall as between Water District commissioners Claudette Upton (hereinafter referred to as "Upton"), Ron Calder (hereinafter referred to as "Calder") and John Lesow (hereinafter referred to as "Lesow"), members of the community (hereinafter referred to as the "Public") and Glennys Christie of the All Point Bulletin (hereinafter referred to as the "Press") wherein the Water Boards business is conducted in open meeting with participation of the Public and the Press. The undersigned as part of the Public in attendance at the above reference meeting did witness the following: An acknowledgement by Lesow that he in fact did use the Water District office for his own personal/business use constituting an act of malfeasance. An acknowledgement by Lesow that he in fact did use the Water District photocopier for his own personal/business use constituting an act of malfeasance. An acknowledgement by Lesow that he in fact did use the Water District telephone/telephone line for his own personal/business use constituting an act of malfeasance. Water District employees, Dan Bourks (manager) and Keri Aydon directed to Lesow the above acts of malfeasance in addition to claims of harassment and unlawful directives to Bourks and Aydon to wit Lesow called both Bourks and Aydon liars in the above referenced meeting in the clear presence of the Public and the Press constituting an act of malfeasance. Signed on the 27th D y of February, 1995 in Point Roberts, Washington. Martin P. Mansfield Kathleen M. Mansfield Resident of Point Roberts Resident of Point Roberts TO: Commissioners/Staff FROM: John Lesow DATE: June 18, 1994 Effective immediately, the following will apply to Commissioners and staff in the conduct of Water Board business: Staff 1. District Manager's reports to the Board will be written. i 2. All staff will attend regular Water District meetings unless absence is excused. An absence will be considered "excused" if due to: a) illness; b) a death in the immediate family;, c) special circumstances reviQped and approved by the District Manager and majority vote of the Commissioners. Commissioners 1. Commissioners will document all phone conversations on Water District credit cards on the attached form, to be submitted at the end of each month to the District Manager. 2. Commissioners leaving a regular meeting prior to adjournment will be considered absent from that meeting. Meetings 1. Regular meetings of the Water District shall be held in the Water District Offices. If the number of visitors exceeds five (5) persons, the meetings shall be moved upstairs to the Firehall Meeting Room. 2. Meetings will be conducted in accordance with Robert's Rules of Order and the attached procedural guidelines. CASCADE RICHMOND FAX 604-271-3657 PAGE 01 !a March B, 1995 To.- Commissioners Calder end [Teton cc•: Stuff At our JKnuRry S, 1996 meeting, Water Distriet counsel mmde it nlAnre of IAAst to this CommiAAiorner, that the December 09, 1984 rr�»art Should remain confi dAr1t t b.l And that rn1 AAspe to then jbl.i o would not be in the best interests of the District. If your recont statements in the local nevsnaner or* in root Accurate, you have now chosen, for repsons best known to 4ourRelveR, to dimrep.nrd our AttorneyOA Rdvice And Allow that ranort to be reel maa e,d to they public. If this tR In fAct the cmae, I withdrmw AnT NtAtewlentm or "nromiRnR rondo At the JAnuAry 5 meRtfnF to Avoid conf'rnntatifnR At future E WAter Bnp rd meetings. if you are ho+h unwilling, to honor a olent, verbAl ngre6ment with our Attorney, I see no reason to renDeot any pmrsonRl at�roements made with either one of you. tuokinR forwArd to our March 9 meeting. a t rI Z1..v, ohn YiAROp n �uv12 t WATER DISTRICT COMMISSIONERS (6 Year Terms) WATER DISTRICT 2 Robert S. Krebs 4232 Rural Ave. Bellingham 98226 Phone 676-0203 Began 11/17/93 Expires 12/31/97 Robert A. Peterson 4140 Curtis Rd. Bellingham 98225 Phone 734-6681 Began 1/1/94 Expires 12/31/99 PT. ROBERTS WATER DISTRICT 4 John Lesow 317 Madrona Pl. Point Roberts 98281-9104 Phone 945-0697 731-4327 Began 11/17/93 Expires 12/31/97 Claudette Upton 610 S. Beach POB 1421 Point Roberts 98281 Phone 945-3387. Began 1/1/94 Expires 12/31/99 WATER DISTRICT 7 Jim Trowbridge 1853 Academy Rd. Bellingham 98226 Phone 676-0311 Began 1/1/92 Expires 12/31/97 Tom Anderson 1744 Sapphire Trail Bellingham 98226 Phone 671-0783 Began 1/1/94 Expires 12/31/99 Joseph P. Roberts 4200 Hoff Rd. Bellingham 98225 Phone 733-8304 Began 1/1/90 Expires 12/31/95 Ron Calder 575 Calder Dr. Point Roberts 98281 Phone 945-4425 Began 1/1/90 Expires 12/31/95 Howard E. Fleck 3792 Brownsville Pl. Bellingham 98226 Phone 734-2391 Began 11/17/93 Expires 12/31/95 27 i' ' WHATCOM COUNTY Page 6 /20 /9E P U R C H A S E O R D E R Date - Purchase Or 14-330-000 1_i=' - - - - - - - - Department- 109 04 BALLOT & BUSINESS FORMS SHIP WHATCOM COUNTY ELECTIONS DEPT 4 E TO 311 GRAND AVE STE 10 2r lOX 10104 BELLINGHAM WA 98225 TACO.IA 'mil- 98412 f -----------,__-__--_____--_--___- ----------------- -l ^,- -- Ordered -� ----J6 / 19 "7O Reference 16191 Requested - 06/19/95 Taken By P GRIFFIN F r e i g h t - FOB - Destination Descr2otion / Vendor Item _Orcered Um Unit Price` UM - Of*ice 0 & O S les- ---- — E'tt�n52iln --. EA .0000 EA 190..01 10904.6320 500 BALLOT PAGES FOR JULY 11th RECALL WATER 4 Awater board in disarray: commissioner Upton resigns with Lwow facing recall election on July 11 BY PAT GRUBB A rump water board may be in the offing for Point Roberts following the resignation of commissioner Claudette Upton and the upcoming recall election for John Lesow. Fistfighting commissioners Ron Calder and Lesow have only one water board meeting to agree to request county council appoint a replacement for Upton before Lesow faces the voters at a special recall election set for Tuesday, July 11. The Recall A petition drive to hold a recall election for Lesow was successful with a total of 155 names turned into county auditor Shirley Forslof for a vote canvass held May 10. By law, 81 signatures were required before the special recall elections could be set. Forslof has set the date and place for the election for Tuesday, July 11 at the old fire hall on Gulf Road next to the community center. RY law, an elected official subject to recall is permitted to file a.statement of 250 words or less responding to the charges contained in the petition. In his response, which will appear on the ballot, Lesow wrote that he had never used the district photocopier for private business and termed an assertion that he had admitted to doing so in com- ments made at a water board "a deliberate lie." Regarding the charge -that ire had used district telephone lines for private business, Lesow pointed out that staff, other com- missioners and the public had used the dis- trict phone for both public and private rea- sons. Citing the water district at[orrtey's report on the water board, Lesow wrote that he had never charged any calls to the dis- trict and, with the exception of one call, ceased using the phone line after it was dis- cussed in executive session on November 3, 1994. He added that he was also accused of violating RCW 42.20.010, a statute that was repealed by the legislature in 1994. Regardless of the truth or falsity of the charges, it would appear from the response to the petition that.public disenchantment with Lesow in particular and the water board in general is such that his chances of winning the recall election are dim at best. Water board races historically have been real squeakers; Lesow's election results put him ahead of his opponent Rob Wolverton by two votes in a 113-111 tally. Should Lesow be defeated, the results would become offi- cial on July 21 at the latest. This would allow him and other candidates to put their names forward for the September primary. The fil- ing period for that election is from July 24 1 to July 28. Due to the fact that commissioner !� Calder's term expires in November acid that (� personal battle lines between the two men have been drawn so sharply there has been i speculation in the community that the two will run for the same seat. To date Lesow has been unsuccessful in (See Disarray page G ) ah . tvm O. 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C . O rL rU)( �01 OCLO O 1t s 1 dO°C: G. m n d^ O O 1 1 N O^ n W ^"' "0 SD d r o W 0 0 o O v o n �, ryr n' R ram•. y pY � �'�, ' "� � � y" ¢�+', n O oo o I ro z 5 y^ w o n to ¢ ani ° g r to 0 o vda N m o o 1.; CL rn r+ r* ro ¢ n fD (A p m o P7. O O d 1 o O O ro p o SD O C vnizrrl n C ti° d� � o O^ a.rL nr m y Ai O �. to 0 o m y o -deso R ^51 m v° m n p n n• _ ncor. vO ° G. d ro p n C m a. r. A. ° Ar n � ° �o o n• n C � d- R. ¢' �, �' �' � � G n ^ ••-, � � H LnCrqp- 0. L^ •e n d O O A d O C' C r rw fD ^ o Fn n ° r o x n y n( w ofA y p• 0' ° o' a .b ro ny o C o �' 0q oo' w o ° = � .A'e o 0 0' �' �. o a o r» ro G o ti Q. o fD .- r 7 R o y' �C 0oa 'i o0a V MEMORANDUM Date: May 3, 1995 From: Pete Griffin, Election Supervisor; 360-676-6742 ext. 50040 To : Martin Mansfield Subject: Pt. Roberts Water District No. 4, Recall This is to acknowledge the receipt of petitions containing % - S signatures, on C' pages for the recall of Commissioner John Lesow of Pt. Roberts Water District No. 4. Signed; Pete Griffin, Election Supervisor Whatcom County Auditor's Office 9 �,-/ fc-