Cole v. Webster

692 P.2d 799, 103 Wash. 2d 280
CourtWashington Supreme Court
DecidedDecember 26, 1984
Docket50917-4
StatusPublished
Cited by59 cases

This text of 692 P.2d 799 (Cole v. Webster) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cole v. Webster, 692 P.2d 799, 103 Wash. 2d 280 (Wash. 1984).

Opinions

Pearson, J.

This case involves a recall petition filed against members of the Shoreline School Board. The issue presented is whether the charges propounded in the petition allege sufficient grounds for recall. The trial court, pursuant to RCW 29.82, as amended by Laws of 1984, ch. 170, conducted a hearing to determine the sufficiency of the charges and adequacy of the ballot synopsis and concluded that charges 1, 2, 4 and 5 were sufficient. We hold that charges 1 and 2 are legally insufficient, charges 4 and 5 are factually insufficient and the trial judge should have allowed voir dire examination of the recall petitioners to ascertain whether they had sufficient knowledge of the facts alleged in the charges.

The facts in this case are clear. In early 1984 Shoreline School District 412 began considering its long-range facility utilization plan. On May 7, 1984, the superintendent of Shoreline School District filed an initial plan recommending in part the closure of Shoreline High School and two elementary schools. Thereafter hearings were held pursuant to RCW 28A.58.031 to discuss the closures. On June 4, 1984, the superintendent made his final recommendations, including the closures outlined above. Thereafter, the school board, after making a few modifications, approved the plan including the closure of Shoreline High School and the two elementary schools.

On July 30, 1984, George R. Webster and Donald La-Verne LaMontagne filed recall petitions against the five elected board members of Shoreline School District 412. The charges were essentially as follows: All five members were charged with wasting taxes when they voted to close Shoreline High School and renovate Shorecrest High School which was located on leased land. A similar allegation was made concerning the two elementary schools. The members were charged with improperly withholding minutes of school board meetings from the public. A fourth [283]*283charge asserted participation in a meeting in violation of the Open Public Meetings Act of 1971, RCW 42.30. The fifth charge asserted the Board had retained an incompetent superintendent.

Thereafter, pursuant to the new statutory provisions, the prosecuting attorney formulated ballot synopses and transmitted them to the Superior Court for approval and determination of the sufficiency of the charges. Laws of 1984, ch. 170, § 3, p. 823. On August 31, 1984, a hearing was held in the Superior Court for King County wherein the board members argued not only that the recall petitions were insufficient, but also that they had a right to voir dire the petitioners concerning their knowledge of the alleged charges. The Superior Court refused to allow the voir dire and found charges 1, 2, 4 and 5 sufficient, charge 3 insufficient and the ballot synopsis adequate. The school board members immediately appealed.1

This case involves the interpretation of Washington's constitutional and statutory recall provisions. These provisions were recently analyzed in Chandler v. Otto, 103 Wn.2d 268, 693 P.2d 71 (1984), wherein this court held that the 1976 and 1984 amendments to the recall statute, RCW 29.82, clearly disclose an intent by the Legislature to limit the scope of the recall right to recall for cause and thereby free public officials from the harassment of recall elections grounded on frivolous charges or mere insinuations. As we indicated in Chandler, such a rule is consistent with the original intent of the framers of the constitution's recall provision. Chandler, at 271.

In Chandler, we held that a recall petition must be both legally and factually sufficient. Chandler, at 274. The opinion also states that discretionary acts of a public official are not a basis for recall insofar as those acts are an appropriate exercise of discretion by the official in the performance of his or her duties. Chandler, at 274. We believe this rule is applicable to the first two charges of wasting taxes in the [284]*284instant case.

Discretion implies knowledge and prudence and that discernment which enables a person to judge critically what is correct and proper. It is judgment directed by circumspection. Merritt Sch. Dist. 50 v. Kimm, 22 Wn.2d 887, 891, 157 P.2d 989 (1945); Ledgering v. State, 63 Wn.2d 94, 102, 385 P.2d 522 (1963). The Board's decision to close Shoreline High School and the two elementary schools was certainly a discretionary act. As stated by the United States Supreme Court:

The construction of new schools and the closing of old ones are two of the most important functions of local school authorities and also two of the most complex. They must decide questions of location and capacity in light of population growth, finances, land values, site availability, through an almost endless list of factors to be considered.

Swann v. Charlotte-Mecklenburg Bd. of Educ., 402 U.S. 1, 20, 28 L. Ed. 2d 554, 91 S. Ct. 1267 (1971); see also 16A E. McQuillin, Municipal Corporations § 46.07b, at 419 (3d rev. ed. 1984). The Board's decision clearly required judgment guided by knowledge, prudence and circumspection. In addition, the right to make such a decision is essential to the Board's satisfactory completion of the responsibilities entrusted to the school districts by the Legislature, RCW 28A.58.758, and is necessary to the fulfillment of the State's paramount duty to provide for public education. See Seattle Sch. Dist. 1 v. State, 90 Wn.2d 476, 585 P.2d 71 (1978).2 We are therefore compelled to hold that the decision to close schools is a discretionary act and members of a school board cannot be recalled unless they arbitrarily or unreasonably exercised such discretion.

A clear abuse of discretion may be shown by dem[285]*285onstrating the discretion was exercised in a manner which was manifestly unreasonable or exercised on untenable grounds or for untenable reasons. Wilson v. Board of Governors, 90 Wn.2d 649, 656, 585 P.2d 136 (1978), cert. denied, 440 U.S. 960 (1979). We are unable to find any facts in the recall petition which might suggest that the school board exercised its discretion in a manner which was arbitrary, unreasonable or untenable. A general statement that public funds are being wasted is insufficient evidence of an abuse of discretion. State ex rel. Citizens Against Mandatory Bussing v. Brooks, 80 Wn.2d 121,

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Cite This Page — Counsel Stack

Bluebook (online)
692 P.2d 799, 103 Wash. 2d 280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cole-v-webster-wash-1984.