Prosecutor cleared of Chow's allegations

EPHRATA — A Yakima attorney cleared Grant County Prosecutor Angus Lee of allegations he violated the county’s whistleblower act.

Former Deputy Prosecutor Teddy Chow accused Lee of lying about his knowledge of a Grant County District Court judge’s minor collision on June 5, 2009.

Jeanie R. Tolcacher, an attorney with Lyon Weigand and Gustafson, examined the incidents surrounding Judge Richard Fitterer’s collision. A previous investigation was conducted by an attorney with the county’s insurance company, Jerry Moberg. He suggested Chow be fired because of his actions.

Chow said in an interview Wednesday that Tolcacher’s report simply used Moberg’s report to draw its conclusions. Tolcacher listed 13 documents in her report, including Moberg’s investigation, Chow’s statement, newspaper articles, two letters opposing Lee’s appointment as prosecutor and meeting notes with Human Resources Director Tammie Hechler.

Chow’s complaint accused Lee of lying during an October candidates’ forum, when he told former state Sen. Harold Hochstatter, “So you’re telling me that a judge got into a fender-bender and you want me to prosecute him? Let me point out the way a justice system works, Harold. The police write reports and they arrest people and send that to my office. My office has never received any information of any kind, regarding what you are talking about. If we receive any information from law enforcement that there is probable cause for a crime, we prosecute it, regardless of who it is.”

Chow wrote in a statement, “I am referring to the statements I see quoted in the Columbia Basin Herald, page A12, of the Oct. 15, 2009, edition, stating, ‘My office has never received any information of any kind … This statement is unquestionably false.”

Commissioner Cindy Carter said Tolcacher did not work for the county prior to this investigation.

“Grant County paid for the investigation,” she said. “It should be totally neutral … That’s really what it was, an outside investigation.”

Tolcacher explained Lee’s actions did not constitute “improper governmental action.” Quoting the county’s whistleblower act, she wrote Lee’s actions needed to be “in violation of any federal, state or local law or rule, is an abuse of authority, is of substantial and specific danger to the public, or is a gross waste of public funds.”

The action doesn’t include personnel actions, including employee grievances and complaints, appointments, promotions and transfers, reductions in pay, dismissals, suspensions, demotions and violations of collective bargaining or civil service laws, alleged violations of labor agreements or reprimands.

She wrote none of Lee’s actions met the standards for improper governmental action.