Charter Propositions’ “Invalidation” Lawsuit Proceeds

Tuesday, Feb. 19 at 10:30 a.m. in  San Juan County Superior Court in Friday Harbor

By Margie Doyle

The “Charter Proposition” lawsuit to be heard in Superior Court in Friday Harbor on Tuesday has the potential to throw a monkey wrench into County government, specifically our elected legislators.

As Randall K. Gaylord, Attorney for San Juan County, wrote to the presiding judge, John M. Meyer of Skagit County, “This case is challenging because of the number of parties, the number of propositions, the number of claims made, and the pressure of time due to the fact that there is an election underway. When divided into its component parts, however, the court should find that the material facts are not in dispute and the legal principles are well-established.”

The suit, entitled, Carlson et al v San Juan County et al, has a short but complicated history and a variety of public characters. The suit was filed on Dec. 4, 2012 in Skagit County Court orcasissues.com/complaint-filed-today-to-void-propositions-1-2-and-3 .

The original plaintiffs are Michael Carlson, Jeffrey Bossler and  Jerrold Gonce from San Juan, Orcas and Lopez Islands, respectively. Their attorney, Stephanie O’Day, wrote,  “The complaint asks the court to declare Propositions 1, 2 and 3 void as a matter of law and requests a temporary injunction be issued against San Juan County to prevent any election proceedings while the court studies the issues.”

The original defendants are the County and the State of Washington.

The attorneys in the case besides  O’Day representing the plaintiffs, are County Prosecutor Randy Gaylord representing the County and State Attorney Jeff Even representing the interests of the State of Washington.

Following the Dec. 4 filing, the County asked to dismiss the case because council members and candidates for council were not listed as parties. The Court granted the plaintiffs permission to file an amended complaint, naming the 10 additional parties: Richard Peterson, Patty Miller, Rick Hughes, Marc Forlenza, Jamie Stephens, Bob Jarman  Elisabeth Byers, Gregory Ayers, Lovel Pratt and Brian McLerren.

The status of these additional parties as plaintiffs or defendants and who is representing them is is muddying already churning waters.

On Feb.  4, 2013 Judge Meyer issued an Order Re: Necessary Parties, indicating that Council members are “necessary parties” to the lawsuit.

On Feb. 5, Plaintiff’s Attorney O’Day issued a form requesting a response by the parties named in this order. The Form asked the council members and candidates  to indicate if they were voluntary/involuntary plaintiffs; if their interests were “adequately and
“appropriately represented” by attorneys for the Plaintiffs/Defendants; and if they did “not wish to take a position on the lawsuit, due to the impending election.”

The responses requested by O’Day will be a matter for the judge to take up at the hearing on Tuesday.

Judge Meyer’s order stated that all those parties who did not wish to be deemed plaintiffs were “adequately and appropriately represented by the existing defendants [San Juan County and Washington State]. ”

However, those parties who do not wish to be represented by O’Day as Plaintiffs, have been informed they cannot be represented in their individual capacity by Gaylord, and must seek their own representing counsel.

On Feb. 12, county voters elected candidates for election to the 3-seat county council of legislators approved by voters in the Nov. 2012 election, when a majority of voters approved Charter Proposition #1: Shall the County Charter be amended to reduce the County Council from six (6) members nominated and elected by district, to three (3) full-time members, each residing in a separate district but nominated and elected countywide?

The primary election held Feb. 12, 2013 resulted in Bob Jarman and Lovel Pratt, in the San Juan residency district; and Lisa Byers and Rick Hughes in the Orcas residency district. Brian McClerran and Jamie Stephens will face off in the Lopez residency district. Voters county-wide will decide between the two candidates in each residency district on April . (Because they did not choose to run for election to the new, 3-member County Council, currently serving members Rich Peterson and Patty Miller will not serve out the full terms to which they were elected — until Jan. 1, 2015.)

The first order of business on Tuesday will be the determination as to the status of all parties in the lawsuit.

As Gaylord wrote in his Feb. 16 letter to Judge Meyer,

“An election is underway, candidates and their supporters are campaigning every day.  Ballots for the top two candidates in each residency district will be sent to the printers in 27 days.  Accordingly the court is requested to promptly rule on Cause of Action No. 5 first, [questioning the legality of multiple subjects in each of the Charter propositions], because if it is resolved in favor the Plaintiffs, there is a possible court remedy of invalidation of Proposition 1.”

The judicial proceeding will begin at 10:30 a.m. in the San Juan County Courthouse in Friday Harbor at 350 Court Street.