1 2 3 FILED 2020 JUN 25 12:00 PM KING COUNTY SUPERIOR COURT CLERK E-FILED CASE #: 20-2-10455-8 SEA 4 5 6 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY ) 7 ) 8 9 IN RE THE MATTER OF RECALL CHARGES AGAINST CITY OF SEATTLE MAYOR JENNY DUR.KAN (HARVEY) 10 No. ) ) ) ) ) PETITION TO DETERMINE SUFFICIENCY OF RECALL CHARGES AND ADEQUACY OF BALLOT SYNOPSIS (HARVEY) ) 11 12 COMES NOW Daniel T. Satterberg, King County Prosecuting Attorney, by and through 13 his deputies, Jennifer Atchison and Janine Joly, and petitions the Court pursuant to Chapter 14 29A.56 RCW to determine the sufficiency of recall charges against City of Seattle Mayor Jenny 15 Durkan and to determine the adequacy of the ballot synopsis formulated from those charges. 16 17 PROCEDURAL FACTS On June 15, 2020, Elliott Grace Harvey, Alan L. Meekins, Jr., Courtney Scott, Leah 18 Solomon and Charlie Stone filed a statement of charges with the King County Elections 19 Department seeking the recall of Mayor Durkan. The Elections Department transmitted a copy 20 of the statement of charges to the King County Prosecuting Attorney's Office for preparation of 21 the ballot synopsis and proceeded to serve Mayor Durkan with a copy of the statement of charges 22 pursuant to the requirements of RCW 29A.56.120. See Case Declaration at ,i2, Exhibit A. 23 PETITION TO DETERMINE SUFFICIENCY OF RECALL CHARGES AND ADEQUACY OF BALLOT SYNOPSIS (HARVEY) - 1 Daniel T. Satterberg, Prosecuting Attorney CIVIL DIVISION, Contracts Section 900 King County Administration Building 500 Fourth Avenue Seattle, Washington 98104 (206) 296-8820 Fax (206) 296-0415 1 2 3 The Elections Department determined that the petitioners are registered voters in the City of Seattle. See Case Declaration at ,I3. Pursuant to RCW 29A.56.130(1 )(b ), the Prosecutor's Office formulated the ballot 4 synopsis based on the statement of charges filed against Mayor Durkan. The ballot synopsis as 5 prepared by the Prosecutor's Office reads as follows : 6 7 As alleged by King County voters Elliott Grace Harvey, Alan L. Meekins, Jr., Courtney Scott, Leah Solomon and Charlie Stone, shall Jenny Durkan be recalled from office for misfeasance, malfeasance, and violation of the oath of office, based on the following charges: 8 9 Mayor Durkan endangered the peace and safety of the community and violated her duties under state and local laws and her oath to uphold the federal and state constitutions when she: (1) Issued a citywide curfew without sufficient notice for individuals to safely disperse; 11 12 13 (2) Failed to institute new policies and safety measures for the Seattle Police Department when using crowd control measures during a public health emergency; 14 (3) Failed to enforce police officer compliance with the Seattle Municipal Code and the Seattle Police Department Manual when the police attacked members of the press and street medics and failed to use appropriate de-escalation techniques; 15 (4) Failed to protect freedom of speech and the right to peaceful assembly; 16 (5) Wrongfully subjected bystanders to chemical -weapons and cro-wd control measures; 17 (6) Allowed police to leak false information to the media about fabricated crimes and threats; 18 (7) Issued an overbroad order prohibiting possession of certain items in areas of the city. 19 (A copy of the ballot synopsis is also appended to this petition.) 20 Pursuant to RCW 29A.56.130(2), the exact language of each ballot synopsis will be 21 transmitted to the petitioners with a copy of this petition. Mayor Durkan will also receive a copy 22 the ballot synopsis. 23 PETITION TO DETERMINE SUFFICIENCY OF RECALL CHARGES AND ADEQUACY OF BALLOT SYNOPSIS (HARVEY) - 2 Daniel T. Satterberg, Prosecuting Attorney CML DIVISION, Contracts Section 900 King County Administration Building 500 Fourth Avenue Seattle, Washington 98104 (206) 2%-8820 Fax (206) 296-0415 1 2 CERTIFICATION AND PETITION FOR HEARING 3 Pursuant to RCW 29A.56.130(2), the Prosecuting Attorney, by and through his deputies, 4 hereby certifies and transmits the recall charges and the ballot synopsis to the Superior Court of 5 King County. 6 Pursuant to RCW 29A.56.130(2), the King County Prosecuting Attorney, by and through 7 his deputies, petitions the Court to conduct a hearing to determine the sufficiency of the recall 8 charges and the adequacy of the ballot synopsis. Pursuant to RCW 29A.56.140, the hearing to 9 determine the sufficiency of the recall charges and the adequacy of the ballot synopses shall be 10 held without cost to any party. 11 DATED this ~ 12 day of June, 2020. DANIEL T. SATTERBERG King County Prosecuting Attorney 13 14 15 ' Senior Deputy Prosecuting Attorneys 16 17 18 19 20 21 22 23 PETITION TO DETERMJNE SUFFICIENCY OF RECALL CHARGES AND ADEQUACY OF BALLOT SYNOPSIS (HARVEY) - 3 Daniel T. Satterberg, Prosecuting Attorney CIVIL DIVISION, Contracts Section 900 King County Administration Building 500 Fourth Avenue Seattle, Washington 98104 (206) 296-8820 Fax (206) 296-0415 BALLOT SYNOPSIS OF RECALL CHARGES AGAINST JENNY DURKAN CITY OF SEATTLE MAYOR As alleged by King County voters Elliott Grace Harvey, Alan L. Meekins, Jr. , Courtney Scott, Leah Solomon and Charlie Stone, shall Jenny Durkan be recalled from office for misfeasance, malfeasance, and violation of the oath of office, based on the following charges: Mayor Durkan endangered the peace and safety of the community and violated her duties under state and local laws and her oath to uphold the federal and state constitutions when she: (1) Issued a citywide curfew without sufficient notice for individuals to safely disperse; (2) Failed to institute new policies and safety measures for the Seattle Police Department when using crowd control measures during a public health emergency; (3) Failed to enforce police officer compliance with the Seattle Municipal Code and the Seattle Police Department Manual when the police attacked members of the press and street medics and failed to use appropriate de-escalation techniques; (4) Failed to protect freedom of speech and the right to peaceful assembly; (5) Wrongfully subjected bystanders to chemical weapons and crowd control measures; (6) Allowed police to leak false information to the media about fabricated crimes and threats; (7) Issued an overbroad order prohibiting possession of certain items in areas of the city.