Woman’s petition to recall West on hold pending sworn statement

Spokane resident Shannon Sullivan’s petition to recall Mayor Jim West needs a bit more work before it can go to court for a review.

Jim Emacio, chief civil deputy in the county prosecutor’s office, has put the petition on hold until Sullivan provides a sworn statement required by state law. County elections manager Paul Brandt said his office hadn’t been able to reach Sullivan Monday to advise her of the flaw.

Recalling an elected official is a complicated process that requires much more than desire. Recall petitioners must present substantial charges that an elected official has committed malfeasance or misfeasance or violated his or her oath of office.

The law says misfeasance means performing a duty improperly, while malfeasance means committing an unlawful act. Together, the law says, those words refer to “any wrongful conduct that affects, interrupts or interferes with the performance of official duty.”

Allegations in a recall petition must show sufficient detail and have sufficient merit to establish a “prima facie” case – to appear valid at first glance.

People who submit petitions must verify under oath that they believe their charges are true and that they “have knowledge of the alleged facts upon which the stated grounds for recall are based.”

According to a court case that interpreted the recall law, petitioners don’t need “firsthand” knowledge of the facts, but they must have “some knowledge of the facts underlying the charges.” Sullivan’s petition is supported by a copy of a Spokesman-Review report on West’s activities.

It will be up to a Superior Court judge to determine whether Sullivan’s charges are adequate, but it is up to Emacio to make sure the petition is in the proper format and to file it in court.

“Our job is somewhat ministerial,” Emacio said, noting he and his staff are limited to working with the material they receive.

If more than one West recall petition is received, Emacio will submit each separately for court review. A court, however, could combine multiple petitions – with different strengths and weaknesses – into a single ballot measure.