April 22, 2020

To: Snohomish Count}7 Auditor

Re: Petition to Recall Snohomish County Sheriff Adam Fortney

From: Lori Shavlik

I. Introduction
Snohomish County Sheril`f Adam Fortney is subject to recall. He has committed an act or acts of
malfeasance, misfeasance, or violation of oath of office. The following recall petition is being
submitted in accordance with RCW 29A.56. I 10.

11. Basis of the Complaint:
Snohomish C`oimty Sheriff Adam Fortney's refusal to perform the duties of his office, and his conduct
in interfering with State, City, emergency management, local and state public health, and hospital

officials in their efforts to protect the public during a worldwide pandemic constitutes malfeasance,
misfeasance, and violation of oath of office under RCW 29A.56.110. Snohomish County Sherif`f Adaln

Fortney has stated that he will not enforce the State of Washington's emergency, mandatory, nondiscretionary stay-at-home proclamation, which he unilaterally declared to be "Unconstitutional" and
has encouraged violations of Governor lnslee's Emergency Proclamation No. 20-25 "Stay Home - Stay
Healthy" may be subject to criminal penalties in accordance with RCW 43.06.220(5).

To the extent any of his refusals to enforce the law or recommendations to defy a state and local stayat-home order were discretionary acts, they were manifestly uureasonable.

Ill. Procedural Basis:
The opportunity to seek the recall of elected officials is a right guaranteed to the people by the state
constitution. J/7 re Reccz// o/O/se#,154 Wn2d 606, 609,116 P.3d 378 (2005). Recall is a process by

which an elected public officer is removed from office before the expiration of his term. Cfecr#c7/er v.
O//a,103 Wn. 2d 268, 270, 693 P.2d 71 (1984). The recall process in Washington is unusual in that the

state constitution requires a showing of cause in superior court before recall can proceed. J# re Recc7//
a/ re//ord, 166 Wn.2nd 148, 159 206 P.3d 1248 (2009) (construing Wash. Const. art.I, § 33, and

upholding the constitutionality of statute.)

The fundamental requirements in judicial review of the charges are that they must be factually and
legally sufficient. J# re Rec¢// a/Scz#c77?cz2As, 134 Wn2d 662, 668, 953 P.2d 82 (1998). The court is

required to review the charges to determine whether they are sufficient to support a recall and whether
the proponent has a basis in knowledge for bringing the charge. RCW 29A.56.140.

Any voter can initiate a recall by filing a typewritten charge pursuant to RCW 29A.56.110. The

typewritten charge must provide (1) the name and office of the officer subject to recall (2) a recitation

that the office who is subject to recall has committed an act or acts of malfeasance, misfeasance, or

PETITION FOR RECALL OF SNOHOMISH COUNTY SHERIFF ADAM FORTNEY
1

 violation of oath of office, or that such person has been guilty of any two or more of the acts specified
in the constitution as grounds for recall (3) a concise statement of the act or acts forming the basis of
the complaint; and (4) a detailed description of each of those acts(s). RCW 29A56.110.

The statement is then filed with the election offlcer whose duty it is to receive and file a declaration of
candidacy for the office at issue. The elections officer must then promptly (1) serve a copy of the

charge upon the officer whose recall is demanded, and (2) certify and transmit the charge to the
preparer of the ballot synopsis provided in RCW 29A.56.130. RCW 29A.56.120.

The officer who formulated the ballot synopsis shall petition the superior court to approve the ballot
synopsis and to determine the sufficiency of the charges. RCW 29A.56.130.

Within 15 days after receiving the petition, the superior court is directed to conduct a hearing and

determine, without cost to any party, (1) whether or not the acts stated in the charge are sufficient and
(2) whether or not the ballot synopsis is adequate. RCW 29A.56.140. If the court finds the charges are
sufficient, then the recall proponent may begin collecting the signatures of voters that are required in
order to place the recall onto the ballot. RCW 29A.56.150(2). Altematively, if the court finds that the

charges are not sufficient, then the recall may not proceed. Either decision can be appealed directly to
the Supreme Court, although the superior court's decision with regard to the ballot synopsis is final.
RCW 29A.56.140.

IV . Facts:
On January 31, 2020, the U.S. Secretary of Health and Human Services, Alex Azar, declared a public

health emergency regarding the novel corona virus.

On February 29, the State of Washington declared a State of Emergency in order to combat the spread
of COVID-19, via the Govemor's Emergency Proclanation 20-05. Governor Inslee declared the
"worldwide outbreak" of COVID-19 a "public disaster...creating an extreme public health risk that may
spread quickly. "
The World Health Organization [WHO] has declared the COVID-19 contagion to be a worldwide

pandemic.

The Centers for Disease Control and Prevention [CDC] states that "the best way to prevent illness is to
avoid being exposed," and "some recent studies have suggested that COVID-19 may be spread by

people who are not showing symptoms." The following about COVID-19 and its transmission is found
on the CDC's website under "Know How it Spreads:"
There

is

currently

no

vaccine

to

prevent

coronavirus

disease

2019

(COVID-19).

The best way to prevent illness is to avoid being exposed to this virus. [Emphasis in original]
The virus is thought to spread mainly from person-to-person between people who are in close contact

with one another (within about 6 feet).

PETITION FOR RECALL OF SNOHOMISH COUNTY SHERIFF ADAM FORINEY
2

 Through respiratory droplets produced when an infected person coughs, sneezes or talks. These
droplets can land in the mouths or noses of people who are nearby or possibly be inhaled into the lungs.
By March 12, Governor Inslee and the State Superintendent of Schools made the decision, on the
advice of public health officials and scientists, to begin closing schools to combat and contain the

spread of COVID-19. Although few children have died from COVID-19, except those with underlying

health conditions, according to health authorities they can spread the disease, even asymptomatically.
All schools remain closed until the end of the school year, mid-June, in order to contain this dangerous
virus.

On March 16, Governor Inslee amended emergency proclamation 20-05, closing restaurants and bars

for inside service. Unlike the Yakima Health Authority's order, adherence to the Govemor's order was
and is mandatory. Citizens retain no authority to simply re-open their restaurants, nor do public officials

(other than the Governor) have the authority to instruct others to do so. The Attorney General's office
maintains a form on its website to investigate non-compliance with the order, and local and state
officials can punish non-compliance with fines and charges of a criminal gross misdemeanor.
On March 25, Governor Inslee amended the emergency proclamation again. The Govemor's anlended
emergency order, "Stay Home - Stay Healthy," mandates compliance. Its enforcement is discretionary,
but violation of the order can be punishable as a gross misdemeanor. RCW 43.06.220(5). According to

the amended proclamation, Washington residents are only to leave home for essential trips and for
essential job duties. This order is still in effect at the time of this petition and will not be lifted until
May 4, 2020, at the earliest.

The Snohomish County Health Officer has also issued similar protective and guidance Orders,
including the Order of March 31, 2020 and a Quarantine Directive and Isolation Order.
Snohomish County Sheriff Adam L`oilney's oath of office requires adherence to the law. It reads as

follows:

PETITION FOR RECALL OF SNOHOMISH COUNTY SHERIFF ADAM FORTNEY
3

 ira
OATH OF OFFlcE

illri-rifuH-H#HI"illl

STATE OF WASHINGTON

RE`iff!hiti.fi?rs-:+¥

COUNTY OF SNOHOMISH

I, Adam Fortney, do solemnly swear (or afflrm) that I wlll Support the
Constltution and La

United States and the Constitution and Laws of

the State of Washln

d the provisions of the Charter and Ordlnances of

Snohomish County,

dutles of the office Of Snoho

falthfully and Impartially discharge the

nty Sheriff for a 4-year term accordlrig

to law to the best of my ability

tr Car+ "d
Chl¢caal€ may rctain a oapy for th®ir oocord3 F`ck.in ongnal to §i`chomreh County Efoctioes
Noft 30cO Ftocktrf`i#er ^ve hArs sos. Ev®ree wA 98281
Email: ctet*ons®eneeo one
Fee, 42S-259-2777

PETITION FOR RECALL OF SNOHOMISH COUNTY SHERIFF ADAM FORTNEY
4

 On April 21, 2020, with knowledge and intent, encouraged the public to violate the Govemor's stay-athome order. In one of his many posts on the matter] , he wrote:

"As I have previously stated, I have not carried out any enforcement for the current a stay-at-home
order...The impacts of COVID 19 no longer warrant the suspension of our constitutional rights .... the

Snohomish County Sheriff's Office will not be enforcing an order preventing religious freedoms or
constitutional rights. "

The Statement concludes: "...this is a time to lead the way." "Sheriff Adam Fortney"

COVID-19 is particularly deadly to seniors, those with compromised immune systems such as cancer

patients, those with high blood pressure, heat disease, diabetes, or asthma, pregnant women, and
vulnerable children and babies. COVID-19 can and has killed healthy people with no underlying health
conditions as well. The WHO website explains:

People of all ages can be infected by the new coronavirus (2019-ncov). Older people, and people with
pre-existing medical conditions (such as asthma, diabetes, heart disease) appear to be more vulnerable
to becoming severely ill with the virus. WHO advises people of all ages to take steps to protect
themselves from the virus...

To date, there is no specific medicine recommended to prevent or treat the new coronavirus (2019ncov).

[https://www.who.int/emergencies/diseases/novel- coronavirus-2019/advice-for-public/myth-

busters Last visited 4/13/20.]

The U.S. Centers for Disease Control and Prevention (CDC) identified Washington's asthma prevalence
as among the highest in the nation, making residents at risk to COVID-19` which attacks lung tissue.

The Snohomish County Health Officer has also issued protective Orders, including the Order of March
31, 2020 and a Quarantine Directive and Isolation Order.

V. Charges:

Under RCW 36.28.010, a County Sheriff has the following duties:
General duties.

The sheriff is the chief executive officer and conservator of the peace of the county.
In the execution of his or her office, he or she and his or her deputies:
(1) Shall aITest and commit to prison all persons who break the peace, or attempt to
break it, and all persons guilty of public offenses;

I

See statement ofsheriffFomey of April l9, attached Appendix A

PETITION FOR RECALL OF SNOHOMISH COUNTY SHERIFF ADAM FORTNEY
5

 (2) Shall defend the county against those who, by riot or otherwise, endanger the
public peace or safety;
(3) Shall execute the process and orders of the courts of justice or judicial officers,
when delivered for that purpose, according to law;

(4) Shall execute all warrants delivered for that purpose by other public officers,
according to the provisions of particular statutes;
(5) Shall attend the sessions of the courts of record held within the county, and obey
their lawful orders or directions;
(6) Shall keep and preserve the peace in their respective counties, and quiet and
suppress all affrays, riots, unlawful assemblies and insurrections, for which pulpose,
and for the service of process in civil or criminal cases, and in apprehending or

securing any person for felony or breach of the peace, they may call to their aid such

persons, or power of their county as they may deem necessary.

Snohomish County Sheriff Adam Fortney failed to perform these duties, including but not limited to
those set forth in RCW 36.28.10 (1), (2), (3). and (6) as well as the duty to make repoils in RCW
36.28.011.

Snohomish County Sheriff Adam ri`ortney's conduct in interfering with and refusing to enforce lawful

State Orders and State and local Health Official's Orders interfered with emergency management,
public health, and hospital officials constitutes malfeasance, misfeasance, and violation of oath of
office under RCW 29A.56.110.

Snohomish County Sheriff Adam Fortney used his position as an elected official to encourage citizens

to defy the law and violate the Govemor's Emergency Proclamations, and local health directives,
which ordered non-essential businesses to close, and ordered citizens to stay at home, except for
essential trips and essential jobs. Malfeasance also includes the commission of an unlawful act. RCW
29A.56.110(1)(b). Violation of the Govemor's Order is punishable as a gross misdemeanor.

Snohomish County Sheriff Adam Foilney has intentionally undermined the public's trust in his fellow

county offlcers, public health officials, and State offlcials. He puts others at risk, including public

health officials, and emergency management teams. This was Malfeasance, Misfeasance an d a
violation of his Oath of Office.
Regardless of whether the platform that he used was a personal or public Facebook page, Snohomish
County Sheriff Adam Fortney discussed county business and indicated his refusal to comply with his
oath of office. Snohomish County. Sheriff Adam Fortney lacks such repute and medical/public health

education and training. His recommendations to ignore public health officials were irresponsible,

unconscionable, and manifestly uureasonable.
Snohomish County Sheriff Adam Fortney.s conduct on April 21 card 22 demonstrated acts of

malfeasance, misfeasance, unlawful conduct, and/or violation of his oath of office. (See RCW

PETITION FOR RECALL OF SNOHOMISH COUNTY SHERIFF ADAM FORTNEY
6

 29A.56.110). His malfeasance and misfeasance included "wrongful conduct that affects, interrupts, or
interferes with the performance of official duty." (See RCW 29A.56.110(1)). Snohomish County

Sheriff Adam Fortney.s misfeasance and malfeasance additionally includes "the performance of a duty
in an improper marmer." (See RCW 29A.56.110(1 )(a)).

Snohomish County Sherifi` Adam Fortney's statement encouraged residents to violate the emergency

efforts of the County, state law, and the public health official's orders, were "reckless", and endangered
the rest of the community. In a responsive statement. Snohomish C`ounty Prosecutor Adam Comell said
the governor has legal authority to issue a stay-home order, and that canyone who violated it could bc

punished under the law.
•`Any attempt to undermine that authority is both irresponsible. unhelpful in these
difficult times, and contrary- to the rule of law," he said. `.I fear that the recent

statements of Sheriff Fortney will be interpreted by some citizens around the state to
grant license to willfully and blatantly violate the law. Let me be clear: actions have
consequences.

Health ol`ficials in Snohomish County on Wednesday. April 22nd issued a statement in response to
Sheriff Fortney's social media post urging residents to `'stay the course" and continile following

social distancing and hygiene guidelines contained in the govemor's emergency orders.
•.We all want to open businesses back up as soon as possible. but now is not yet that
time," the district said in a statement, noting that "social distancing and temporary

mitigation measures will likely be a part of our new normal for months and years to
Conle.

David Postman` Inslee's chief of staff. said Wednesday April 22]`d that neithei. Foilney noi. Franklin

County Sheriff Jim Raymond -who has also refused to enforce the emei.gency restrictions -have
the authorit,v to countennand the state`s chief executive and wonders why they would want to.
•.People shoulcl not be looking to the sheriff's Facebook page either for constitutional
analysis or health advice," said David Postman, Gov. InLslee`s chief of staff. ..Now is

not the time to get distracted or let up on what we.re doing. It's working."

In a prepared statement, Snohomish County Executive Dave Somcrs also seemed to push back
against Fortney, without explicitly mentioning him. Somers, a fisheries biologist by trade, said that

the county has been able to slow the spread of the \''irus precisely because of the restrictions that

have been put in place.
"This isn't about the opinions of ally single elected off-icial," Somers said. "It's about

the health and safety of all the people we serve -not the few. Snohomish C`ounty will
continue to make data-driven, science-based policy decisions. Anything less woulcl

be a disservice to the residents of Snohomish County and be playing Russian roulette

with the lives ot`those we are charged to protect."

PETITION FOR RECALL OF SNOHOMISH COUNTY SHERIFF ADAM FORTNEY
7

 Despite all of these well reasoned statemeiits from C`ounty and State t)fficials, Sheriff Fortiiey
staged a Press Conference on April 22, 202(). where hc reitet.atcd and doubled down on his previous
statements and expressed a shocking lack ot` concern in regard to the potential of his statements to

encourage unlawful behavior such as the recent lethal threats directed at Govcmor lnslee.

Snohomish Couiity Sheriff Adam Fortney.s wrongful conduct interferes with and interrupts the

attempts of the rest of the County and County health officials to get people to stay home to prevent the
spread of COVID-19.

Snohomish County Sheriff Adam Fortney.s wrongful conduct violates WAC 246-100-070 and
RCW 43.20.050 and 70.05.120 as they pertain to enforcement of local health officer orders.

(1) An order issued by a local health officer in accordance with this chapter
shall constitute the duly authorized application of lawful rules adopted by the
state board of health and must be enforced by all police officers, sheriffs,
constables, and all other officers and employees of any political subdivisions
within the jurisdiction of the health department in accordance with RCW
43.20.050.

(3) Any person who shall fail or refuse to obey any lawful order issued by any
local health officer shall be deemed guilty of a misdemeanor punishable as
provided under RCW 70.05 .120
Snohomish County Sheriff Adam Fortiiey's use of his position as a public official for private gain to
support his private business interests, and to urge residents to disobey state and local emergency
proclamations constituted a violation of RCW 42.23.070(1), that states: No municipal officer may use
his or her position to secure special privileges or exemptions for himself, herself, or others.

All of the acts and omissions described herein constituted "the performance of a duty in an improper
mamer." Despite his oath of office to uphold local and state law, Sheriff Fortney publicly states that the

Orders of the Governor and State and local Health authorities are "Unconstitutional", downplays the
severity of the virus, and incites others to ignore the will of the State, the County and the State and
Local Departments of Health.
Additionally, Snohomish County Sheriff Adam F`ortiiey has cominittcd violations of his oath of office

including "the neglect or knowing failure by an elective public office to perform faithfully a duty
imposed by law." (See RCW 29A.56.110(2)) Snohomish County Sheriff Adam Fortney has a duty to

faithfully obey emergency orders imposed by the State of Washington and the County of Snohomish.
He also has a duty to ensure he is not encouraging the public to disobey these directives. Unfortunately,

Snohomish County Sheriff Adam Fortney has knowingly and intentionally failed to perform his duties
as both a Sheriff and a public official, putting the public at great risk during an extraordinary global
health crisis, and undermining the Rule of Law in our Democratic Republic

PETITION FOR RECALL OF SNOHOMISH COUNTY SHERIFF ADAM FORTNEY
8

 VI. Sufficiency of the Changes:
The superior court shall consider only the sufficiency of the charges. RCW 29A.56.140. The voters,

rather than the court, consider the tmth of the charges if the recall proceeds to the ballot. J# re Jteccz// a/
Wes/, /J5 Wn. 2nd 767, 773, 592 P.2d 1096 (1979). The cout will not consider the motives of the
persons filing the charges. Jo#ow.cfo v. f7erro#, 91 Wn. 2d 767, 773, 592 P.2d 1096 (1979).

Charges in a recall action, however, must be both factually and legally sufficient. J# re Recc7// o/£ce,
122 Wn.2d 613, 616, 859 P.2d 1244 (1993). "Charges are factually sufficient when, `taken as a whole

they...state sufficient facts to identify to the electors and to the official being recalled acts or failure to

act which without justification would constitute aprjmcz/czcz.e showing of malfeasance. " In re Recall of
Wes/,155 Wn. 2d. at 665 (quoting Chard/er v. O//a,103 Wn.2d 268, 274, 693 P.2d 71 (1984).

"Where a discretionary act is the focus of the controversy, recall petitioners must show that the official
exercised discretion in a manner which was manifestly unreasonable." Greco v. Pczrsous, 105 Wn2d
669, 672, 717 P.2d 1368 (1986). To the extent, if any, Sheriff Fortney was not compelled by law to

obey stay-at-home orders, or was not compelled by law to dissuade others from violating the orders of
public health officials and the Governor in the midst of a worldwide pandemic, Sheriff Fortney
discretionary acts were manifestly unreasonable.

The petitioner has personal knowledge of the facts and circumstances sulTounding the charges. Much
of the evidence rests on Snohomish County Sheriff Adam Fortney's social media announcement of
April 21 and the public Press Conference of April 22. The charges also rely on the accounts of the

articles set forth in the links below, (incorporated herein by reference) including Fox News, The Everett
Herald, The Seattle Times, and The Daily Mail.
https://www.foxnews.com/us/washington-county-sherifflwont-enforce-governors-stay-at-home-order

https://www.heraldnet.com/news/snohomish-county-sheriff.questions-governors-stay-home-order/
https://www.seattletimes.com/seattle-news/snohomish-county-sheriff-says-he-wont-enforce-insleesstav-home-order/
https://wwwdailymail.co.uk/news/article-8245923/Snohoinish-County-sheriffisays-wont-enforceW*shingtons-unconstitutional-stay-home-order.html

https://ql3fox.com/2020/04/22/snohomish-county-sheriffsays-he-wont-enforce-inslees-stay-home-

order/
httos://www.kinq5.conrfarticle/newsthealth/coronavirus/coronavirus-stav-at-home-order-snohomishcounty-sheriff-adam-fortney/28l-cbabdfcc-1d6a-45be-8dl4-555c980f3ecd
httDs://www.kiro7.com/news/local/sheriff-eastern-washington-savs-he-wont-enforce-stav-at-home-

orderIN5LX50IUAJGONC7UJ05IULIRIA/

PETITION FOR RECALL OF SNOHOMISH COUNTY SHERIFF ADAM FORTNEY
9

 EprzQprmrorce.st€±±±±±mqu±pe=£uESE:Fi:EIii£:a:::::§£!!:::££Ei£::::::£:£±£±a±£S£!!:ashfn8t.!'n'a!:tic]es/2.Q2Qfl4£2£edrfual±edflE
https://komonews.com/news/coronavirus/franklin-county-sheriff-wont-enforce-stay-at-home-o.rdgr
±±tp.s://www.washingtonpost.com/politics/2020/04/23/why-constitutionalnsheriflg-wont-enforcel
coronavinis-restrictions/

https://www.miamiherald.com/news/article242200046.html
https://wwwcolumbiabasinherald.com/news/2020/apr/22/snohomish-county-sheriffiwont-enforce-stay-

2/
https://www.bellinghamherald.com/latest-news/article242200046.html
bttps://www.dailyherald.com/business/20200422/many-wary-of virus-reopenings-as-some-us-statesloosen-rules
https://wwwncwlife.com/inslee-ferguson-warn-residents-not-to-listen-to-local-officials-on-ignoring-

stav-home-order/

Media accounts are "not per se j.j7s2t;#?cz.e#/ to show some form of knowledge of the facts." J# re Reccz//
a/Ke//e);,185 Wn.2d 158,170. 369 P.3d 494 (2016). Furthermore, the facts of this case are generally

known and subject to Judicial Notice under ER 201.

Overall, to be legally sufficient, the charges in a recall petition must clearly state conduct that, if true,

would constitute malfeasance, misfeasance, or a violation of the officer's oath of office. J# re Reccz// a/
Becrs/e};,128 Wn. 2d 419, 426, 908 P.2d 878 (1996). That standard is met here.

VII. Special Circumstances for Gathering Signatures during a Global Pandemic to Prevent the
Mortal Hazard of Local Officials Acting with Impunity During a State of Emergency:
In order to place the recall of Sheriff Fortney on the ballot, it is required to collect "signatures of legal

voters equal to thirty-five percent of the total number of votes cast for all candidates for the office to
which the officer whose recall is demanded was elected at the preceding election." RCW
29A.56.180(2).

In addition to evaluating the sufficiency of the charges of this recall petition, petitioner respectfully

requests that signatures be permitted to be gathered electronically. However, petitioner requests that the
issue of method of signature collecting remain separate from the issue of determining the sufficiency of

the charges itself, so that the signature gathering and certification process can proceed independently of
any ruling or appeal on the issue of the method signature collection.

Sheriff Fortney may be emboldened in his behavior because he understands the difficulties of signature
gathering during a pandemic. At the state level, RCW 29A.72.170 allows the Secretary of State to

PETITION FOR RECALL OF SNOHOMISH COUNTY SHERIFF ADAM FORTNEY
10

 reject an initiative or referendum for lack of signatures. "In case of such refusal, the Secretary of State
shall endorse on the petition the word `submitted' and the date, and retain the petition pending appeal."
RCW 29A.72.170(3); see c7/so Wj/ma# v. BCJ//, ORDER No. 96191-3 Thurston County No.18-2-037473.

However, the presiding officer in this petition is not the Secretary of State, and the process for

removing a local offlcial is found in a code section separate from traditional initiatives and
referendums, entitled "Special Circumstances Elections." RCW 29A.56. That section lacks a directive

calling for immediate rejection for a lack of signatures. Such rejection may be implied under normal
circumstances. But these are not normal circumstances, these are once-in-a-century circumstances.

When circumstances are special enough to warrant a recall, and special enough for the Governor to
order the public to refrain from in-person contact except in very specific circumstances, the
combination of the two requires gathering signatures in a non-traditional, non-in-person manner.

Otherwise the law would create a moral hazard of an elected official behaving horrifically and with
impunity during a national, state, and local emergency.

Particularly given the nature of this case, in which an elected official is defying the warnings of public

health officials trying to contain a pandemic by waming people to stay home, and the high risk of
unintentional spread of COVID-19 to signature gatherers, or signature gatherers to citizens, petitioner
respectfully requests that signature gathering be permitted via a non-in-person platform, such as an
online signature gathering website.

Petitioner argues the duty to allow non-in-person signatures is a non-discretionary duty of the County

Auditor in light of the Govemor's stay-at-home order. The presiding officer should have no choice but
to allow online signature gathering for the duration of the Govemor's mandatory order.
Petitioner also acknowledges the reverse: that by omission, the Governor does not want any in- person
signature gathering, and by extension, recalls of elected officials by the public in this calendar year.

This logic can lead to absurd results, and could allow a public official to remain in office who urges

people to defy the Govemor's self-sane emergency order.
There is little court guidance to interpreting emergency orders in order to prevent absurd results. But

statutory interpretation of legislative commands could assist. Absurd results that skirt the intent of the
law should be avoided. The Govemor's Emergency Order 20-25 is clear and unambiguous, but it
certainly could not be the Govemor's intent to make it impossible for the public to recall elected

officials who defy, and encourage defiance, of his order. The case law is not completely on point (as
this is a unique, once in a century situation), but the Govemor's intent in issuing his executive order

matters. Governor Inslee intended for people to follow his order and for elected officials to uphold the
law and participate in the statewide effort. [The "primary objective in intexpreting a statute is to
ascertain and give effect to the intent of the Legislature" Srcz/e v. Ke//er 98 Wash. 2d 725, 728, 657 P.2d
1384,1386 (1983). The purpose of an enactment should prevail over express but inept wording. Srcr/e
ex re/. JZo};cz/ v. Bc7. o/yofa.mcz Cow#ty Comm'rs,123 Wash. 2d 451, 462, 869 P.2d 56 (1994).]

PETITION FOR RECALL OF SNOHOMISH COUNTY SHERIFF ADAM FORTNEY
11

 By not allowing online signature gathering during a statewide emergency, there is a risk of creating a

mortal hazard of elected officials going rogue and acting with mal-and misfeasance because they know
they cannot be recalled by the public through certification of a petition via in-person signature
gathering.

Thus, petitioner respectfully requests the presiding officer's support in this matter. Petitioner also

acknowledges the Superior Court has original jurisdiction to compel Sheriff Fortney to compel the

performance of any act required by any public officer or to prevent the performance by any such officer
of any act in relation this recall not in compliance with the law. RCW 29A.56.270.

VIII. Affirmation :
I Lori Shavlik, affirm and swear under oath that I am a registered voter in Snohomish County and I
believe the charge or charges to be true based upon personal knowledge of the alleged facts upon which

the stated grounds for recall are based. I certify the truth of the foregoing under penalty of perjury of
the Laws of the State of Washington.
Dated this 22nd day of April, 2020.

Lori Shavlik
22616 43rd Dr. SE,

Bothell, WA, 98021
loritanning@,gmail.com

PETITION FOR RECALL OF SNOHOMISH COUNTY SHERIFF ADAM FORTNEY
12

 Appendix 1

Snohomish Couiitv Sheriff. Adam Fortlw
20 hrs .

Snohomish County Residents and Business Owners,
I just watched tlie Governor`s speech to Washingtonian's regal.ding our approach to getting
Washington back in business and I am left to wonder if he even has a plan? To be quite honest I
wasn't even sure what he was trying to say lialf of the time. He has no plan. He has no details.
This simply is not good enough in times when we have taken such drastic measures as the
suspension of constitutional rights. I wrote most ot` this about two weeks ago but I decided to
wait out of respect for the Governor and my own misguided hope that each day he did a press
conference he would say something with some specificity on getting Washington back to work.
After what I witnessed tonight I can no longer stay silent as I'm not even sure he knows what he
js doing or knows what struggles Washingtonian's face right now.

I want to start by saying this vims is veiy real and sadly, it has taken 97 lives in Snohomish
County. This is a very serious issue and the appropriate precautions need to be taken to protect
our most vulnet.able populations. Howevei., our communities have already shown and continue to
show they understand the severity of the situation and are doing all they can already to keep
themse]ves` the].r families and neighbors safe and healthy.

I am worried about the economy and I am woiiied about Washingtonian's that need to niake a
living for their family. As more data floods in week by week and day by day about this pandemic
I think it is cleat. that the .`models" have not been entirely accurate. While that is okay, we cannot
continue down the same path we have been on if the government reaction does not fit the data or
even worse, the same government reaction makes our situation worse.

 As elected leaders I think we should be questioning the Governor when it makes sense to do so.
Are pot shops really essential or did he allow them to stay I.n business because of`the government
taxes received from thein? That seems like a reasonable question. If pot shops are essential, then
why aren't gun shops essential? Our Govemol. has told us that private building,t''construction must
stop as it is not essential` but government construction is okay to continue. So let nie get this
right, according to the Governor if you are employed or contracted by the government to build

government things you can still make a living for your family in spite of any health I.isk. If you
are a constiuction worker in the private sector you cannot make a living and support youl. family
because the health risk is too high. This contradiction is not okay and in my opinion is bordering
on unethical.

As I arrive to work at the courthouse, I see landscapers show up each day to 1.nstall new
landscape and maintain our flowerbeds. How has Governor Inslee deemed this essential work?
However, a father who owns a construction company and works alone while outdoors is not
allowed to run his business to make a living to provide foi. his wife and children? How has
Governor lnslee deemed thousands of Boeing employees who work jnsjde a factory building
airplanes essential? But building residential homes is not essential? If a factory with 20,000+
cmployces each day can implement safe practjccs to conduct normal business operations, I am
entirely confident that our small business owners and independent contractors are inore than
capable of doing the same.

[f this Coronavinls is so lethal and we have shut down otlr roaring economy t.o save lives. then it
should be all or nothing. Tlie government should not be picking winners or losers when it comes
to being able to make an income for your family. If the virus is so lethal it shouldn't matter
whether you are building a school for the government, building a new housiiig development.
I.estaurant owner, or you happen to bc an independent contractor. To the contrary, if the virus js

proving to not be as lethal as we thought. maybe it's time for a balanced and reasonable approach
to safely get our economy moving again and allowing small businesses to once again provide an
income for their families and save their businesses. This is what I hoped for from the Governor
tonight but he is not prepared or ready to make these decisions. If.we ai.e going to allow
government contractoi.s and pot shops to continue to make a living for their families, then it is
time to open up this freedom for other small business owners who are comfortable operating in
the curreiit climate. This is the great thing about freedom. If you are worried about getting sick

you have the freedom to choose to stay home. If you nccd to make a living for your family and
are comfortable doing so, you should have the freedom to do so.

As I have previously stated. I have not carried out any enforcement for the current a stay-athome order. As this order llas continued on for well over a month now and a majority of our
residents cannot return to work to provide for their families. I have received a lot of outreach
from concerned members of our community asking if Governor Inslee's order is a violation of
our constitutional rights.

As your Snohomish County Sheriff` yes I believe that preventing business owners to operate
their busjnesses and provide for their families intnides on our right to life, liberty and the put.suit

 of happiness. I am greatly concerned for our small business owners and single-income families
who have lost their primary source of income needed for survival.

As your elected Sheriff I will always put your constitutional rights above politics or popular
opiliion. We have the right to peaceably asseinble. We have the right to keep and bear arms. We
have the right to attend church service of any denomination, The impacts of COVID 19 no
longer warraiit the suspension of our constitutional rights.

Along with other elected Sheriffs around our state. the Snohomish County Sheriff.s Office will
not be enforcing an order preventing religious freedoms or constjtutjona] rights. I strongly
encourage each of you to reach out and contact your councilmembers, local leaders and state
representatives to demand we allow businesses to begin reopening and allow our residents, all of
them. to return to work if they choose to do so.

The great thing about Snohomish County government is we have all worked very well together
during this crisis. I'm not saying we agree all of the time, T'm saying we have the talent and
ability to get this done for Snohomish County! This is not a time to blindly follow, this is a time
to lead the way.

Sheriff Adam Fortney