Facts: Respondent Jennifer Schwartz filed a petition to recall Coulee City Mayor Rick Heiberg. A sufficiency hearing was held in the Superior Court for Grant County, which ruled that Schwartz’s charges that Heiberg purchased an automobile for the town without obtaining the prior approval of the town council and that Heiberg authorized the destruction of public records relating to the town council’s consideration of a resolution expressing no confidence in Heiberg were legally and factually sufficient. Heiberg appealed this decision to the Supreme Court of Washington.

Question(s): Are the charges against Heiberg factually and legally sufficient?

Conclusion: Justice Owens’ opinion for a unanimous Court reversed the superior court, concluding that the charge that Heiberg purchased an automobile for the town without obtaining the prior approval of the town council is not factually sufficient insofar as there is no factual basis for concluding that Heiberg intended to violate the law given that he promptly attempted to cure his violation of the law by seeking the approval of the town council and, failing that, by fully reimbursing the town for the cost of the automobile. The Court also held that the charge that Heiberg authorized the destruction of public records relating to the town council’s consideration of a resolution expressing no confidence in Heiberg is also factually insufficient given that no evidence indicating that the records had been destroyed or that Heiberg had destroyed them was presented other than the fact that the records were not included in response to a public records request for town council records.

Docket No. 85360-6

Petitioner: Rick Heiberg

(Counsel: Russell John Speidel and David Joel Bentsen)

Respondent: Jennifer Schwartz

(Counsel: Dalton Lee Pence and D. Angus Lee)

Decided: Thursday, June 9th, 2011

Prevailing Party: Jennifer Schwartz (Respondent)

Vote: 9-0

Citation: Pending

Court: Madsen2 Court (2011-)

Madsen

Johnson

Alexander

Chambers

Owens
(Majority)

Fairhurst

Johnson

Stephens

Wiggins