Stevens County prosecutor asks judge for restraining order against commissioners

The Stevens County prosecutor on Monday asked a judge to issue a restraining order against the county commissioners, alleging they are illegally carrying out official duties after a judge’s ruling caused their positions to become vacant.

Prosecutor Tim Rasmussen last week said the commissioners – Steve Parker, Wes McCart and Don Dashiell – would be committing a gross misdemeanor if they continue conducting county business. On Monday, Rasmussen sent a letter to all county employees declaring “the board of county commissioners no longer has legal authority.”

The commissioners and their attorneys have disputed that. In an email, McCart said he and his colleagues avoided their office on Monday to avoid provoking Rasmussen.

“We still do NOT consider our offices vacated, but find it better to resolve this conflict rather than escalate it as Mr. Rasmussen has continued to do,” McCart said.

McCart said he and the other commissioners have acted professionally during nearly 18 months of litigation but “the same cannot be said” of Rasmussen and Nick Force, the county’s chief deputy prosecutor for civil matters.

“We have been denied legal advice in our official capacity and bullied, harassed and intimidated throughout this process,” McCart said. “Further, we are reluctant to fully disclose the entire situation to the press, as he will try to use it against us as he has done before.”

Later Tuesday, McCart said he had not been served with the latest legal filings when Rasmussen sent copies to several reporters.

“I don’t believe tying this up in a further legal quagmire clarifies the situation for the good of the county,” he wrote. “We have reached out to seek that clarification today only to be rebuffed and tie up the courts with additional filings.”

A summary judgment order issued last week by Spokane County Superior Court Judge Maryann Moreno found the commissioners illegally gave about $30,000 to a couple whose home was damaged by flooding and $100,000 to two nonprofit organizations that built a transitional home for people with spinal cord injuries.

Moreno’s order says the commissioners and the companies that provided their public official bonds are liable for $130,326 in misspent homelessness funds. Public official bonds are a type of insurance policy that pays governments up to a fixed amount when an official fails to “faithfully perform” his or her duties.

According to Rasmussen, the ruling triggers a section of state law that says, “Every elective office shall become vacant … whenever a judgment shall be obtained against that incumbent for breach of the condition of his or her official bond.” He has described that law as “self-executing,” meaning it should not require further litigation.

The commissioners’ attorney, meanwhile, has argued the statute Rasmussen cited does not apply and the commissioners are entitled to continue serving in their positions.

“We will more than likely need some clarification from the judge,” McCart said. “How that will proceed will be a matter for our attorneys to handle.”

Rasmussen asked Moreno to issue a restraining order through George Ahrend, a private attorney contracted as a special prosecutor for the case. Ahrend wrote that the commissioners should be barred from performing official duties, collecting commissioner paychecks or entering non-public areas of county facilities, among other activities.

In legal filings, Rasmussen and Stevens County Sheriff Brad Manke also denied Rasmussen ever directed Manke to arrest the commissioners, as their attorney, Alison Turnbull, alleged in a letter last week.

Turnbull did not respond to an email seeking comment Monday. In her letter, she wrote that Rasmussen has used “legal gymnastics” and “novel applications of law” to pursue a “personal vendetta” against the commissioners, all at taxpayer expense. The commissioners, she said, have reimbursed the county for the full amount they were found to have misspent.

If the commissioners are forced out of office, the Stevens County Republican Party would nominate three people for each of the three commission seats. Gov. Jay Inslee would select two commissioners from those lists, and those two would select a third.

“There is a process contemplated in the law to deal with this situation and the process of appointment of new commissioners is in progress,” Rasmussen said Monday in his letter to county employees. “The governor’s office is very involved and I believe new commissioners will be appointed without much delay.”

In a phone call Monday, however, Stevens County GOP Chairman Mitch Short said he had not called a meeting to initiate the appointment process and needed a clear signal that he should do so.

“No one has communicated with me. No one has called me,” Short said. “Someone’s got to notify me. I can’t just start doing stuff on my own.”

Mike Faulk, a spokesman for the governor’s office, said the Stevens County GOP would have 60 days to submit names if the appointment process moves forward. But, he said, the governor’s office would not opine on whether McCart, Parker and Dashiell can continue serving as commissioners.

“We are only speaking to what our role would be if the process goes forward,” Faulk said in an email.

Parker was on his way out of office before the judge’s ruling, coming in third in a five-way primary behind Republican Greg Young and independent Malcolm Friedman. McCart, meanwhile, trounced his only primary challenger, Democrat Mike Bell, with nearly 72% of the vote.

Even if he is deemed ineligible to serve the rest of his term, McCart may be able to return as a commissioner in January if he wins the general election. He could face difficulty securing another bond, which is a requirement of the office.

While McCart insisted the commissioners were still in charge, Rasmussen told county employees and department heads Monday they should consult with his office – not the commissioners – when making decisions.

“It is unfortunate that the commissioners have placed us in this difficult position regarding the continuity of government, but department heads have authority to make decisions that they deem best to keep their offices functioning and open,” Rasmussen wrote in his letter.