Recall for Coulee City mayor stopped in legal battle

OLYMPIA - The state supreme court released its opinion on the recall of the Coulee City mayor in June, stating neither count was sufficient.

The Washington State Supreme Court reversed Grant County Supreme Court Judge John Knodell's ruling in April allowing a recall petition for Mayor Rick Heiberg to move forward. Knodell ruled in October two of the 11 allegations brought by former Councilmember Jennifer Schwartz and former City Clerk Lorna Pearce rose to the level of malfeasance, misfeasance or a violation of the oath of office.

The first count focused on Heiberg's purchase of $15,000 truck for the public works department without going through the bidding process.

At the time of the purchase, the town's equipment reserve fund had a $15,155 balance and Heiberg believed he could use it to purchase the truck, according to the opinion. The mayor learned he didn't follow the proper procedure shortly after purchasing the truck and sought council approval.

When he wasn't able to get approval for it, he wrote a $15,000 check to the town, buying the truck, according to the opinion.

The court stated Heiberg needed to intend to break the law when he made the purchase. The justices stated the purchase had "all the hallmarks of a simple mistake."

The court rejected Pearce's and Schwartz's argument that Heiberg should have known the law since he attended training for elected officials before becoming mayor, according to the opinion.

The second count focused on a resolution calling for a vote of no confidence at the July 14, 2010 town council meeting. Councilmember Scott Roberts distributed copies of the resolution to the mayor and other councilmembers at the meeting, according to the opinion. Former Mayor Otto Jensen submitted a public records request for July, August and September council packets. A copy of the resolution was not included.

Schwartz and Pearce alleged Heiberg authorized destroying the resolution, according to the opinion. The court rejected the argument.

"There is no factual basis for the claim that the record was destroyed, much less that Mayor Heiberg destroyed it," according to the opinion.

Schwartz and Pearce argued Heiberg was responsible for the destruction since he was the clerk's supervisor, according to the opinion. The court rejected the argument, stating an elected official can't be recalled for an action done without the official's knowledge or direction.

Heiberg was happy with the court's decision. He said in a previous interview he knew the charges were baseless from the first day.

"My opponents have pretended, and have acted, as though the supreme court has said nothing," he said. "They have nitpicked our administration to pieces. It's still been heard even though we won a nine-to-nothing decision."

Schwartz was stunned by the decision. She said the court gave elected officials license to break the law without any consequences for their actions.

"There won't be any more of the mayor doing whatever he wants," she said. "That's the plan."