Judge rejects petition to recall mayor of Lind as complaints mount

RITZVILLE – An Adams County judge dismissed recall charges Wednesday against the mayor of Lind, Washington.

Lind residents filed a petition against Mayor Paula Bell claiming that she hired the town’s clerk-treasurer, Barbara Pence, without telling the town council that Pence was convicted of stealing funds from Hatton, Washington, while she was that town’s treasurer.

Adams County Superior Court Judge Steve Dixon said the charges were factually and legally insufficient for the recall to reach the ballot.

To recall an elected official in Washington, a petitioner must charge that the official has committed some malfeasance or misfeasance while in office. If a judge approves the charge, there are still multiple steps before an official recall.

“I have to admit the decision to hire a convicted thief makes my head spin and probably makes the voters’ heads spin,” Dixon said. “But the fact is she (Bell) didn’t do it. The council did it.”

A 2019 state auditor’s fraud investigation determined that while Pence was treasurer of Hatton, she misappropriated $6,289 and made $15,783 of questionable expenditures between January 2016 and July 2018.

The misappropriated funds included a $1,000 personal loan for a down payment on a van, $4,301 in reimbursements for federal income tax withholding from her paychecks and $988 in fuel and food purchases on the town’s debit card.

In an interview with the auditor’s office, Pence said she discussed the $1,000 loan with the mayor of Hatton and council members, and that the mayor approved it. She said she never understood how to report payroll withholding to the Internal Revenue Service.

The auditor referred the report to the Adams County prosecutor.

Dixon recalled presiding over Pence’s case.

Pence pleaded to a misdemeanor of third-degree theft in November 2020 and was ordered to pay $5,000 to the town of Hatton. She was hired as Lind’s treasurer in July 2021 while she was still on probation.

Pence declined to comment on the matter.

According to town council minutes, the council, not Bell, approved the hiring of Pence at the July 22, 2021, meeting. In an affidavit, Bell said she discussed Pence’s criminal record with the council before they hired her. Only one other person applied for the position, and Pence was a more qualified candidate, Bell said.

Dixon said that if Bell had in fact hired Pence without telling the council, that would have arguably been sufficient for the recall, but it was clear from Bell’s filing that the council knew about it.

The petitioners’ attorney, Roger Reed, said the council did not have the authority to hire the treasurer because that is the mayor’s responsibility. He also argued Bell’s statement and the council minutes do not prove the council knew about Pence’s criminal record.

Reed said his clients are considering appealing the decision.

The recall petitioners are Denise Snead, a former Lind treasurer; Jamie Schmunk, a former Lind mayor; and Anna Dobbins, who learned about Pence’s criminal history while investigating irregularities with her town water bill.

About 20 Lind residents attended the hearing. At one point a woman stood up and shouted “you’re wrong” to the judge, along with a slur, before she was escorted out. Dixon held the woman in contempt of court.

Although the issue of Pence’s criminal record was the official justification used for the recall, there are many complaints against the mayor, Councilman Robert Dew said, including her handling of the town’s aging water infrastructure, lack of transparency and frequent lies to the council.

Pence was hired before Dew and two other council members opposing the mayor were elected.

Council members James Dworshak and Myra Horton, who support Bell, would not comment on when they learned about Pence’s record.

In September 2022, the recall petitioners presented Bell with a 136-signature petition asking her to resign. She refused.

There are 338 registered voters in Lind.

Bell is a retired teacher who has lived in Lind since 1976. She served two terms on the town council before she was elected mayor in 2017.

She won re-election in 2021 against Schmunk with a five-vote margin. Her current term expires at the end of 2025.

Although Bell may not have to defend her seat, control of the town council is on the ballot in August and November.

Ten candidates, including Snead and Schmunk, are running against Dworshak and Horton.