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Coulee City mayor faces recall

by Lynne Lynch<br> Herald Staff Writer
| September 30, 2010 1:00 PM

COULEE CITY - Former Coulee City councilmember Jennifer Schwartz

and the city's ex-clerk, Lorna Pearce, recently started the process

to recall the town's mayor.

Pearce was fired by Mayor Rick Heiberg this summer.

COULEE CITY - Former Coulee City councilmember Jennifer Schwartz and the city's ex-clerk, Lorna Pearce, recently started the process to recall the town's mayor.

Pearce was fired by Mayor Rick Heiberg this summer.

Schwartz lost last year's race for her council seat.

Pearce and Schwartz accuse Heiberg of 11 instances of malfeasance or misfeasance, according to the packet they brought to the Grant County Auditor's Office.

One accusation involves a salary paid to a new employee.

It's alleged the new city superintendent was paid an amount that exceeded the city's salary range by $377.

Schwartz's stepfather resigned from the position this summer.

The accusations include:

• Buying a $15,000 truck for the town's public works department without a council vote

• Hiring four new employees without publicly advertising for the positions

• Failing to administrator the oath of office to the city clerk

• Authorizing the destruction of public records

• Holding an illegal public meeting at his home

The council didn't approve the truck's purchase during a recent meeting, according to the packet.

Heiberg denied most of the allegations during an interview with the Columbia Basin Herald Wednesday.

The most serious allegation, concerning the truck purchase, was corrected when Heiberg repaid the city for the purchase, he said.

Heiberg said he bought the truck with funds in the town's equipment reserve fund.

He said wasn't aware he had to obtain council approval before spending the funds, but later apologized.

He also denies destroying a packet of allegations against himself that was brought to a June town council meeting.

The city never received a copy of the packet, making it impossible to fulfill a public records request to former Coulee City Mayor Otto Jensen and the Columbia Basin Herald, Heiberg said.

The illegal meeting allegation concerned a party Heiberg held at his home to introduce the new town marshal to the community.

There was no quorum of council members present, but it's alleged city business took place at the advertised event.

Heiberg said he swore in the town marshal during the party.

Despite the allegations, he doesn't plan on stepping down as mayor.

"I believe the people elected me because they wanted to see a little bit of change," he said in part.

Heiberg contends the allegations are all about "sour grapes" and feels he's under attack.

During last year's election, he said Schwartz, one of his accusers, was the only candidate who spent money to be elected.

"She did a good job of organizing, but the people said ‘no,' so she was out," Heiberg said.

He alleges the attacks on him were borne out of lost power, influence and control that came after the November election with Schwartz's defeat and then the former clerk's firing this summer.

He claims Schwartz, the former clerk, and town councilmember ShirleyRae Maes, the editor

publisher/owner of the Coulee City weekly newspaper, controlled nearly everything.

The allegations and recall allegations follow months of contention on the town council.

During a June town council meeting, councilmember Scott Roberts requested a vote of no confidence be placed on the meeting agenda.

The vote never took place, as town attorney Katherine Kenison told the council it would have no legal bearing.

At the same meeting, four people spoke in support of Heiberg.

Grant County Auditor Bill Varney confirmed he received a packet of charges against Heiberg.

Varney turned the information over to the county's prosecuting attorney to write a synopsis.

The synopsis goes to Grant County Superior Court, which decides if the charges are recallable, he explained.

Recallable offenses include having committed misfeasance or malfeasance in office, violating the oath of office or being guilty of two or more acts specified in the state constitution as grounds for recall.

If so, voter signatures must be gathered for a petition to have the recall placed on the ballot.

Signature gathers must obtain 81 signatures, or 35 percent of the votes cast in Coulee City's last mayor election.

Prosecutor Angus Lee said his office received the recall charges and is required by state statute to review it, and file a petition with the court, along with a 200-word ballot synopsis.

The judge reviews the charge for legal sufficiency, as well as the ballot synopsis.

Lee emphasized his office isn't taking a position on the matter, but is required by state statute to go through the process.