Arguments begin in recall of 3 Richland School Board members. Deadline for decision looms
Arguments began Monday in the effort to recall three Richland School Board members but no decision was expected as the hearing was going to spill over into another day.
Benton County Superior Court Judge Norma Rodriguez is hearing the case being brought against Audra Byrd, Semi Bird and Kari Williams.
The three board members found themselves in hot water after voting in February to make COVID masks optional, thrusting the school district into risky legal territory and leading to the closing of schools for two days.
Three ballot synopses — two with six charges and one with seven — were drafted by Benton County prosecutors on April 11, and Rodriguez has until the end of the day Wednesday, May 11, to decide whether the charges meet Washington state’s definition for recall.
Her decision will determine if signatures can be gathered to put the issue on the ballot for voters to decide.
Because of the volume of arguments being presented, Rodriguez was expecting at least one more half day to allow lawyers on both sides to make their case before she decides. That is scheduled for Wednesday morning.
County prosecutors filed the ballot synopses but they don’t make a determination on the merits of the allegations. Similarly, the Superior Court judge won’t rule if the elected officials are guilty or violated any laws or policies.
Before Monday’s hearing began a small gathering of supporters for the embattled board members stood outside the Benton County Justice Center in Kennewick.
Proposed charges
The six charges on the proposed ballot synopses allege Bird, Williams and Byrd:
- Violated the Open Public Meetings Act by voting at a special meeting to take final action on a matter that had not been included in the published public meeting agenda.
- Held non-public meetings in violation of the Open Public Meetings Act.
- Voted to make wearing masks at schools optional, in knowing violation of the law and in excess of the powers of a school board, even after warnings from the state and from legal counsel.
- Unlawfully voted not to reverse the removal of the school mask mandate, thus extending temporary school closures.
- Violated the district code of ethics by failing to: uphold all laws, rules and regulations, and use legal and ethical procedures; ensure schools are well run; consult those affected by changes in policy; and support and protect school personnel.
- Violated district policies and procedures by failing to assure compliance with law and policy.
An additional seventh charge has been levied against Semi Bird.
It reads: “Violating free speech rights by censoring and deleting comments on a social media page maintained as a public forum.”
Taxpayers could end up paying for the trio’s legal fees, though only if the judge finds the charges insufficient.
The recall petitions were filed with the Benton County Auditor’s Office by Richland voters Brian Brendel, Bradley Rew, Michael Lawrence and Tony Peurrung.
They claim in the petitions that the three board members as a result of their alleged misfeasance and malfeasance damaged the district’s reputation and finances and should be held accountable.
Separately, an open government activist, Arthur West, has filed suit against the district and three school board members, alleging their vote violated the Open Public Meetings Act. No decision’s been made yet in that case.
And concerns whether public records, such as emails and text messages, are being properly retained also have been raised.
Recall votes
If the judge agrees that one or more charges are sufficient for a recall vote, the petitioners would have 180 days to gather signatures to put it on the ballot.
If the signatures quota is met, recall election must then be held from 45 to 90 days following the conclusion of canvassing. Depending on the timeline, a special election may need to be called.
They would need to collect 25% of the total of votes cast in each of the school board members’ last election.
That would be at least 5,000 signatures each, but varies between the board members. Bird and Byrd were elected last November. Williams was elected in November 2019.
Petitions that make it to the ballot need 50% of the vote plus 1 to oust an elected official.
Elected officials who are recalled must leave office by the date of the election’s certification.
This story was originally published May 9, 2022 at 12:45 PM.
