Judge dismisses second recall attempt against Thurston County Commissioner Tye Menser
A judge ruled against a local activist who petitioned to recall Thurston County Commissioner Tye Menser for the second time.
In an opinion released on Thursday, visiting judge Kevin D. Hull found all five charges against Menser “lacked both factual and legal sufficiency” to support a recall petition. The decision comes eight days after Hull virtually heard arguments for and against the petition.
Jon Pettit, a frequent speaker at board meetings, initially submitted a 58-page complaint against Menser to the county Auditor’s Office on Jan. 7 but subsequently amended and resubmitted the complaint on Jan. 20.
If the judge had deemed the allegations sufficient, then Pettit would have needed to gather signatures totaling 25% of the total number of votes cast for all candidates for Menser’s office during his last election in 2018.
Over the years, Pettit has repeatedly petitioned to recall officials and appeal decisions he has disagreed with. In 2020, his petition to recall Menser failed after a visiting judge similarly dismissed his charges as legally and factually insufficient.
Notably, a different judge also dismissed his challenge to Carolina Mejia’s candidacy for Thurston County Commissioner in 2020, rejecting his allegation that she wasn’t a U.S. citizen. She now serves as chair of the board.
Two of the most recent charges against Menser were so similar to Pettit’s 2020 charges that Hull barred them by res judicata, meaning they cannot be used again as a basis for recall since they were previously dismissed.
The two charges alleged Menser misappropriated public funds by voting to approve two expenditures that were not previously budgeted.
These charges stemmed from Pettit’s opposition to how the county purchased the Mottman Complex and created a budget stabilization fund.
In June, the county spent $5.6 million to buy the Mottman Complex at the intersection of Ferguson Street Southwest and 29th Avenue in Tumwater at Auditor Mary Hall’s request.
Hall’s office previously leased space at the complex to run elections and process ballots. Now that the complex has been purchased, the county has recently started planning for how it will use and improve the space.
In 2021, the county also set aside $2 million for a budget stabilization fund, a rainy-day fund intended to ensure financial stability.
In Pettit’s 2020 charges, he challenged Menser’s votes for the six-year Capital Improvement Plan in 2019 and a budget amendment in response to the COVID-19 pandemic.
In a 143-page document addressing the new recall petition, Chief Civil Deputy Prosecuting Attorney Elizabeth Petrich argued in part that Menser’s votes were discretionary actions by the board, and discretionary actions aren’t a basis for recall unless an official exercises discretion in a “manifestly unreasonable” manner.
Pettit’s petition did not contain facts showing Menser’s actions were “manifestly unreasonable,” according to Petrich.
Hull agreed with Petrich in his opinion and wrote that state law allows for midterm budget amendments for transfers or revisions within departments.
Pettit also charged Menser violated his oath of office by failing to provide minutes and records for open inspection and access to records of all proceedings.
For this, Hull found Pettit did not provide facts showing Menser independently and willfully failed to provide minutes and records.
Furthermore, the Clerk of the Board is responsible for recording meeting minutes and keeping appropriate records. Pettit did not provide any facts showing Menser prevented the Clerk from doing their duty, according to Hull.
In his fifth charge, Pettit alleged Menser, as chair of the board, failed to schedule sufficient public meetings after canceling some meetings close to holidays.
Hull wrote Pettit failed to identify any duties Menser violated that are separate and distinct from the larger board. In doing so, he agreed with Petrich who argued holding regular meetings is the collective duty of the board rather than an individual commissioner.
In response, Pettit told The Olympian he disagreed with Hull’s decision and stood by his action against Menser.
“It’s every citizen’s responsibility to be involved,” Pettit said. “When we see things that are not being done correctly, it’s our responsibility to take action.”
Although he doesn’t support Menser politically, he said his actions were never personal.
“It is not directed just at Commissioner Menser, I would hold either of the other commissioners responsible if I deemed they are directly involved with wrongful action.”
Menser told The Olympian he felt satisfied with Hull’s findings and called Pettit’s charges baseless and frustrating.
“The things that hit the court are just the tip of the iceberg,” Menser said. “We get dozens and dozens and dozens of allegations of illegality and threats of lawsuits from Mr. Pettit. … There’s no merit to any of them. I’m just hopeful he gets the message that this needs to stop. It’s wasting a lot of taxpayer dollars to respond to.”
In 2020, Menser said he believed Pettit makes it a “full-time hobby” to scare elected officials into taking actions he prefers.
On Thursday, Menser said Pettit’s behavior has prompted the board to consult with legal counsel often, but it has never influenced his actions.
“It makes things stressful for everybody because he attacks not only Commissioner Mejia and myself but staff,” he said. “It creates a difficult environment all around.”
This story was originally published February 24, 2022 at 1:23 PM.
