Judge dismisses effort to recall Thurston Commissioner Tye Menser for budget votes
A petition to recall Thurston County Commissioner Tye Menser, brought by Jon Pettit, won’t move forward after a judge ruled it legally and factually insufficient on Tuesday.
Pettit, who is a fixture at the commission’s public meetings and comment periods, filed the charges with Thurston County Auditor Mary Hall on Aug. 10. He alleged that Menser committed malfeasance, misfeasance, and violated the oath of office.
The allegations stemmed from two budget-related commission votes: a vote in late 2019 for the six-year Capital Improvement Plan (CIP) and a recent 2-1 commission vote to amend the county budget in response to the COVID-19 pandemic.
Pettit alleged that Menser violated the duty to maintain the courthouse by voting for the CIP in 2019, which removed a line item from the budget related to a repair at the courthouse. He also took issue with cuts made in the recent amendment.
The recent amendment came after months of contentious public discussions, allocated millions of dollars in federal COVID-19 relief funding, and cut spending in reaction to projected revenue shortfalls — including a 2 percent cut in general fund expenditures by all county departments and offices.
In his charges, Pettit argued that Menser exceeded his legislative authority by voting to cut spending after the board had already set property tax levies. The amended spending doesn’t support the levies already set, he alleged. He also alleged Menser exceeded legal authority by reducing line-item spending controlled by separately elected officials.
At Tuesday’s hearing and in prior conversations with The Olympian, Pettit has said the charges aren’t personal. He also told The Olympian he didn’t bring similar charges against the other commissioner who voted for the recent amendment, John Hutchings, because he will no longer be representing the county after this year.
“I want this to be clear: This is not a personal matter,” Pettit said in Tuesday’s hearing, which was held via Zoom. “There is no political element involved.”
In a roughly 30-page response on behalf of Menser, Chief Civil Deputy Prosecuting Attorney Elizabeth Petrich wrote in part that approving the Capital Improvement Plan and budget amendment 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 charges didn’t include facts showing that Menser’s votes were arbitrary, unreasonable, or unlawful, Petrich argued.
Plus, Menser isn’t authorized to independently make these decisions, which are under the board’s authority, Petrich wrote. He can’t be recalled for his failure to perform a duty he’s not authorized to perform. And he can’t be recalled for unlawful or improper acts unless he had knowledge and intent to commit the acts, she wrote.
Petitt’s charges didn’t state any facts showing it was Menser’s intent to “commit an improper or unlawful act,” she wrote.
The charges are “fundamentally flawed,” Petrich said Tuesday — factually and legally insufficient.
Pierce County Superior Court Judge Grant Blinn, who was appointed to preside as a visiting judge over the hearing, said he believes Pettit came before the court “in good faith,” but ultimately agreed entirely with Petrich’s arguments, which he said is a rare occurrence.
“For all of the reasons indicated in Ms. Petrich’s response on behalf of Commissioner Menser, this court feels that the charges are legally and factually insufficient and, as such, this recall action is not going to go forward ... and that is in keeping with Mr. Pettit’s ... I think, very genuine desire to make sure that the law is followed...” Blinn said.
If the petition had moved forward, it would’ve needed 28,850 signatures to appear on ballots, according to Auditor Mary Hall.
Pettit seemed to suggest at the hearing that he may continue to pursue legal action related to the commission’s recent budget amendment. In a text message to The Olympian after the hearing, he confirmed that’s the case, unless the board reverses course and repeals budget cuts affecting elected offices.
“It is up to them,” his text message concluded.
Last week, in a phone interview with The Olympian, Menser said it seems legal action and the threat of legal action against local officials is “pretty much a full-time hobby” for Pettit. “I play banjo in a blue grass band,” he said, in contrast.
A different visiting judge dismissed a ballot challenge Pettit brought against Carolina Mejia, candidate for Thurston County Commissioner’s District 1, just last Friday.
While Pettit claims to care about government efficiency, Menser said, the “constant stream of frivolous letters and legal actions waste enormous amounts of time and tax dollars.” Menser said he thinks Pettit tries to scare elected officials into taking actions he supports or not taking actions he opposes.
In a text message to The Olympian after the hearing, Menser said he was relieved.
“Any recall action is stressful, and I am relieved to have it resolved,” Menser wrote. “I am grateful that the judge applied the law and affirmed the County Commissioner’s authority to make good-faith budget adjustments to try and protect the long-term financial health of the County.
“Mr. Pettit is apparently considering further legal challenges to the recent budget cuts, but I hope this issue can be laid to rest. Our actions were carefully considered and identical to those of county and municipal jurisdictions across the state.”
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