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May 24, 2007

Judge to consider final Davis recall language

Posted by David Postman at 7:54 AM

King County Superior Court Judge Charles Mertel is scheduled this afternoon to consider the proposed "ballot snynopsis of recall charges against Port of Seattle Commissioner Pat Davis."

Last week Mertel cleared the way for recall sponsor Chris Clifford to begin collecting signatures for the recall. From the bench, Mertel edited what Clifford had offered, changing some language, adding some clarifications and striking some allegations.

Mertel now needs to approve a final order based on what he said last week. Here's what the proposed order says, as prepared by King County Sr. Deputy Prosecuting Attorney Tom Kuffel, and of course subject to change.

Shall Pat Davis, Port of Seattle Commissioner, be recalled from public office because, as alleged by King County registered voter, Christopher Clifford:

1. Commissioner Davis committed an act of malfeasance when she signed an agreement to provide Mic Dinsmore, an outgoing Port of Seattle employee, with a gift of approximately $239,000 of public money outside of his employment contract.

2. Commissioner Davis committed an act of malfeasance by signing an October 10, 2006 memorandum addressed to the former chief executive officer of the Port, which had the potential effect of obligating the Port of Seattle to pay monies not voted on or approved by Port of Seattle Commissioners at a regularly scheduled public hearing.

3. Commissioner Davis committed acts of malfeasance by voting in executive session on or about January 10, 2006 and June 8, 2006, in violation of the Washington State Open Public Meetings Act (Ch. 42.30 RCW).

4. Commissioner Davis committed an act of malfeasance by knowingly exceeding the purposes for executive session in the Washington State Open Public Meetings Act (Ch. 42.30 RCW) by negotiating and voting on a gift of public money in executive session.

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