Tuesday, February 9, 2010

A SPOKESMAN-REVIEW INVESTIGATIVE REPORT

West recall effort passes first hurdle

Out-of-county judge to decide if petition ready for signatures

Mike Prager / Staff writer

June 2, 2005

© The Spokesman-Review 2005

A petition to recall Mayor Jim West has been certified by the Spokane County Prosecuting Attorney's Office, but it will take a judge from Tri-Cities to decide whether it moves ahead.

Judge Craig Matheson of the Benton-Franklin Superior Court has agreed to step in because Spokane County Superior Court judges declined to take the case.

"In the past, judges on this bench have worked closely with Jim West when he was a senator on different proposed legislation that involved court issues," Spokane County Superior Court Administrator Dave Hardy explained in a statement issued Wednesday afternoon. "As a result, the court felt it was appropriate to assign an out-of-county judge to preside over the recall petition."

Under state law, the prosecuting attorney's office must certify a recall petition and supply the court with a ballot synopsis. The court has 15 days to rule on the sufficiency of the recall petition and the adequacy of the ballot synopsis, rulings that determine whether citizens can begin collecting the petition signatures needed to put the matter to a public vote. Appeals are possible.

Matheson has scheduled such a hearing for 1:30 p.m. Wednesday at Spokane County Superior Court.

Rob Binger, senior deputy prosecuting attorney in the civil division, listed three misfeasance charges against West in the ballot synopsis filed Tuesday. They are that:

•Seven times between Nov. 30 of last year and March 29 of this year, "he abused his computer privileges on a city-owned computer to interact with young men on a gay Web site."

•"He solicited internships for young men for his own personal uses."

•"He has been under the spotlight for inappropriate behavior for quite a few years and is hurting the reputation of the city."

The dates in the first charge correspond with the dates of online chats between the mayor and a computer expert hired by The Spokesman-Review as part of an investigation that showed West had been offering gifts, favors and city positions to young men he met on Gay.com. West has acknowledged having personal relationships with young men he met on the Internet.

In online chats and e-mails, West offered an internship to the newspaper's expert, who portrayed himself as a 17-year-old Ferris High School student about to turn 18. On more than one occasion, West used his city e-mail address and his identity as mayor to offer the computer expert the internship.

The newspaper also reported allegations by two men that West molested them sexually when they were boys and West was a deputy sheriff and scoutmaster in the 1970s. West denies those allegations.

Shannon Sullivan, a North Side woman who initiated the recall last month, said she was "thrilled" that her petition is moving ahead.

Sullivan initially filed a petition after the newspaper started publishing its investigation on May 5 but had to refile because of a paperwork error. If the court approves the recall, she would have 180 days to gather 12,567 signatures and force a public vote.

Sullivan said she is teaming with a group calling itself Citizens for Integrity in Government and seeking pro bono legal assistance. That group plans rallies in front of City Hall every Friday at 8 a.m. to call for West's removal.

In related developments, West's lawyers on Wednesday said the mayor will hold a press conference Friday in Spokane. They also issued a statement on West's behalf following Tuesday's unanimous vote by the City Council calling on the mayor to resign. West was in Tampa, Fla., Wednesday attending a presidential commission meeting.

"Rather than await the outcome of its own investigations or afford the mayor his rightful opportunity to fully respond, the City Council has unfortunately chosen the leadership role in a rush to prejudge the mayor," the statement reads. "Citizens of Spokane elected Mayor West and we're confident and trustful that they will be more patient, thoughtful and fair-minded before reaching any judgment."

Also on Wednesday, the officers and executive board of Local 270, which represents rank-and-file city employees, released a letter to the mayor dated May 26.

The letter acknowledges the "personal tribulation" the mayor is facing, and his right to defend himself. The local's leaders pointed out that the mayor has developed excellent working relations with their nonuniformed membership.

"The business of the city is complex and daunting, but you have dealt with the issues directly and professionally. We will, as always, continue to support you and your work as mayor of the city of Spokane," the letter concludes. It is signed by 16 union leaders.