Danielson v. Faymonville

435 P.2d 963, 72 Wash. 2d 854, 1967 Wash. LEXIS 870
CourtWashington Supreme Court
DecidedDecember 22, 1967
Docket39479
StatusPublished
Cited by17 cases

This text of 435 P.2d 963 (Danielson v. Faymonville) 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
Danielson v. Faymonville, 435 P.2d 963, 72 Wash. 2d 854, 1967 Wash. LEXIS 870 (Wash. 1967).

Opinions

Hunter, J.

The plaintiff (appellant), Elmer Danielson, instituted this action seeking to restrain the defendants (respondents) from preparing and circulating petitions for plaintiff’s recall from his official capacity as commissioner of Public Utility District No. 1 of Wahkiakum County. This appeal is from the trial court’s order denying relief and dismissing plaintiff’s complaint with prejudice.

The facts are undisputed. Plaintiff was elected public utility commissioner in 1964 to fill an -unexpired term. He won reelection in 1966 for a term of 6 years. On December 29, 1966, the individual defendants filed a petition with the defendant auditor charging the plaintiff with misfeasance, malfeasance and violation of his oath of office, as follows:

1. That said Elmer Danielson did, while a duly elected officer and Public Utility District Commissioner, as aforesaid, actively circulate petitions to establish an independent water district and system for the residents of Puget Island, Wahkiakum County, while said Elmer Danielson was under duty as said Public Utility District Commissioner to conduct and operate an existing water system for said citizens in Wahkiakum County. That said action by Elmer Danielson was contrary to his duty as a Public Utility District Commissioner in that such conduct in sponsoring an independent water district was in conflict with his duty to operate and maintain the existing water system operated by said Public Utility District and in competition therewith.
That said Elmer Danielson after his re-election as said Commissioner in November, 1966, did continue to attempt to establish an independent water system for the citizens of Puget Island, Wahkiakum County, Washington, and to this date does continue to agitate for and attempt to establish such independent water system which was and is a violation of his duty as said Public Utility District Commissioner in that such conduct in sponsoring, agitating for, and urging the establishment of an independent water system is in conflict with his duty to operate and maintain the existing water system opera[856]*856ted and maintained by said Public Utility District and in competition therewith.
2. That while acting as said Public Utility District Commissioner, Elmer Danielson did sign a resolution for the borrowing of the sum of $3,000.00 from the electric department of the Public Utility District to be used to extend service of the existing water system operated or supervised by said Public Utility District to additional customers. That said sums were spent towards said purpose upon work orders and authorizations signed by said Elmer Danielson, without completion or making any effort to complete said extended service. That said Elmer Danielson, as Public Utility District Commissioner signed a resolution repealing the authorization of the completion of said project without explanation or provision for how said sums would be repaid or paid back to the Public Utility District, such conduct being contrary to the interest of said Public Utility District and a wasteful dissipation of public funds of said Public Utility District. That as said Public Utility District Commissioner, Elmer Danielson, in violation of his duties and obligations as Public Utility District Commissioner, has neglected and refused to take any steps to provide for the repayment of said funds back into the Public Utility District electric fund, to complete the work of extending water service, commenced as aforesaid and continues such conduct that is contrary to the interest of said Public Utility District and a wasteful dissipation of public funds of said Public Utility District.
3. That said Elmer Danielson, as Public Utility District Commissioner, has been negligent and guilty of malfeasance in knowingly employing an incompetent, inexperienced and unsuitable person as manager of said Public Utility District, contrary to the interest and efficient operation of the Public Utility District.
4. That said Elmer Danielson as Public Utility District Commissioner has been guilty of misfeasance and malfeasance and violation of his oath of office in that at public meetings at which legal voters of Wahkiakum County appeared, particularly during the month of December, 1966, did arrogantly refuse to answer proper questions put to him by voters regarding the financial and business affairs of the Public Utility District, and did, without reasonable cause or excuse refuse to attempt to negotiate a proper and reasonable agreement with the Town of [857]*857Cathlamet for perpetuation of and proper, economical and beneficial improvement of existing water service for the citizens of Puget Island, Wahkiakum County, Washington, and did arbitrarily and capriciously refuse to consider citizen voters petitions and requests in the premises, all to the loss, distress and detriment of Public Utility District No. 1 of Wahkiakum County, Washington, and the citizens residing therein.

This action was commenced on February 1, 1967, after preparation of the ballot synopsis by the county auditor and partial circulation of the petitions based thereon, RCW 29.82.030, but prior to the canvassing of these petitions. At a hearing on whether an injunction should issue restraining the further circulation and canvassing of the petitions, the plaintiff argued that the charges made were insufficient in law to justify his recall, and that the allegations in the original charges were too indefinite to give him adequate notice of the acts which he was supposed to defend.

The trial court limited its review to the determination of the legal sufficiency of the original charges and ruled that two of the four charges listed (two and three) were insufficient to warrant recall. The court did hold, however, that the remaining two charges (one and four) were sufficient, if taken to be true, and met statutory requirements of definiteness.

Dismissal of the complaint followed and canvassing of the recall petitions was held as scheduled with a sufficient number of signatures found. The petitions were then certified and on March 20, 1967 the recall election was set for April 27, 1967. On March 23, 1967, the plaintiff obtained from this court an order staying the recall election until an appeal from the order of dismissal could be reviewed. This appeal was then set by us for hearing as an emergency matter of public concern. No cross-appeal has been taken by the defendants to any of the trial court’s rulings.

The defendants contend that the plaintiff’s action was not properly filed within 10 days from the time the cause of complaint arose, as required by RCW 29.82.160, and his attempt to restrain further recall proceedings is [858]*858therefore untimely. Our examination of the authorities cited reveals that while the plaintiff is untimely in terms of having excluded from the recall ballot any of the charges originally filed and placed on the ballot synopsis, Morton v. McDonald, 41 Wn.2d 889, 252 P.2d 577 (1953), the 10-day requirement of RCW 29.82.160

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Danielson v. Faymonville
435 P.2d 963 (Washington Supreme Court, 1967)

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Bluebook (online)
435 P.2d 963, 72 Wash. 2d 854, 1967 Wash. LEXIS 870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/danielson-v-faymonville-wash-1967.