1 2 SUPERIOR COURT OF WASHINGTON, COUNTY OF KING 3 4 5 6 Petitioner: ERNEST H. LOU And Respondent: KSHAMA SAWANT 7 8 9 10 11 12 13 Council District 3, I demand the recall and discharge of City of Seattle Councilmember, Kshama Sawant: Council Member Kshama Sawant 15 2920 East Cherry Street 16 Seattle, WA, 98122 17 Phone: (952) 270-7676 18 19 21 22 23 24 25 26 27 28 STATEMENT OF CHARGES SUPPORTING THE RECALL ELECTION OF CITY OF SEATTLE CITY COUNCILMEMBER KSHAMA SAWANT As a legal voter in the State of Washington, King County and the City of Seattle in City 14 20 No. SEA As City of Seattle Councilmember has committed the following acts of malfeasance and misfeasance in office, in violation of the oath of office including the requirements to uphold the federal and state constitution, based on the following charges. Statement of Facts supporting the recall election of City of Seattle Councilmember Kshama Sawant. Councilmember Sawant has used her position in violation of the law or has recklessly undermined the safety of others, all for political theatre. Her actions include violations of Seattle Ethics and Elections Commission. Her actions also had undermined Page 1 of 7 1 2 3 4 5 6 7 8 the public’s confidence in our institutions. Councilmember Sawant has also not met her responsibilities of serving the Seattle citizens of her district, District 3, by providing them with adequate law enforcement resources to ensure they can live in peace. In fact, her actions have negatively impacted the value of businesses and residences in her district, District 3. A. Relinquishing Authority of Her Office and Disregarding City of Seattle 9 Employment and Hiring Rules (December 2017) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 In Councilmember Sawant’s case, the media has uncovered documents suggesting that she may have effectively delegated decisions regarding the hiring and termination of City of Seattle employees to an outside political organization. According to documents, the National Executive Committee and the Seattle Executive Committee of the Socialist Alternative Party had authority over staffing decisions for her City of Seattle Council Office. At least one employee was allegedly fired as a result of a decision of the Executive Committee of this political organization, and that employee protested that the firing was the result of retaliation. Councilmember Sawant willfully and intentionally violated her duties under Seattle Charter Art. IV, Title 4, Sections 2 and 4 and the Seattle Municipal Code Ch. 4.16 (Code of Ethics), B. Misuse of City of Seattle Council Office Resources to Promote a Ballot Initiative or Other Electioneering (Jan-February 2020) 27 28 Page 2 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Councilmember Sawant has used her official office equipment to promote and raise money for a ballot initiative (or other electioneering), and for failing to comply with public disclosure of all funds raised and spent in those activities including a website registered to her husband and promoted by Councilmember Sawant. The Seattle Election and Ethics Commission (SEEC) and possibly the Public Disclosure Commission (PDC) continue to investigate these violations. This is important for public confidence and because it could also impact the Council’s work on proposed related revenue ordinances pending before the Council, as one is explicitly tied to the proposed ballot initiative. The City of Seattle citizens have the right to know that public resources of the Council are not being used in violation of campaign and ethics laws. Councilmember Sawant willfully and intentionally violated her duties under law including RCW 42.17A.55 and RCW 42.17A.635, which prohibit the use of public office or agency facilities in campaigns for the promotion of or opposition to any ballot proposition; SMC 2.04.300, which bars the use of City facilities to promote or oppose candidates and ballot measures; and SMC 4.16.070.B.2, which bars the use of City resources for other than City purpose. C. Misuse of Councilmember Sawant’s Official Position in Admitting Hundreds of Individuals Illegally into City Hall Afterhours (June 9, 2020) Using her official position as a City of Seattle Councilmember, Ms. Sawant gave access to City facilities to admit hundreds of individuals at night into City Hall on or about the night of June 9, 2020, when it was closed to the public because of COVID-19 and failing to follow the City’s COVID-19 precautions for the visitors. Her actions put the safety of individuals and City workers at risk, and it led to janitorial staff making complaints about the incident Page 3 of 7 1 2 3 4 5 6 7 8 9 10 11 12 because of safety concerns. Councilmember Sawant’s actions constitute malfeasance, and a violation of her duties under Seattle Charter. She flouted the Order of the Washington Secretary of Health (20-03) and Washington State Governor Jay Inslee’s Proclamation (2005, as amended and extended), proclaiming a statewide State of Emergency due to the coronavirus disease 2019 (COVID-19), and in doing so she endangered the peace and safety of the community. D. Using Her Official Position as City of Seattle Councilmember and Possibly Staff to Encourage Attendees at a Rally She Led on June 28, 2020 to Illegally “Occupy” City Property, the Seattle Police Departments’ East Precinct. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Using Her Official Position as City of Seattle Councilmember and possibly staff to encourage attendees at a rally she Led on June 28, 2020 to illegally “Occupy” City Property, the Seattle Police Departments’ East Precinct, at the time the City had been trying to de-escalate the situation and asked individuals to depart because of violence in the area. Days earlier, members of the Black community had asked that this facility be restored as an active police facility, particularly in light of the fact it was created at the request of the Black community by actions of former Councilmember Sam Smith to serve the Central District. We have had a series of devasting gun violence incidents around this location, where a 19 year old was shot and killed earlier in June and most recently, in the early morning hours of June 29, 2020, a 16 year old teenage was shot and killed and a 14 year old was seriously injured and was in serious condition at Harborview. Councilmember Sawant actions constitute Page 4 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 malfeasance, a violation of her duties under Seattle Charter Art. IV, Sec 2 and 4 and her oath of office when she endangered the peace and safety of the community. E. Using Her Official Position as City Councilmember to Lead a Protest March to Mayor Jenny Durkan’s Private Residence Whose Location is in the State Confidential Program (July 3rd 2020) Using her official position as City Councilmember to Lead a Protest March to Mayor Jenny Durkan’s private residence whose location is confidential. Councilmember Sawant used her official position to lead a protest march to Mayor Durkan’s home, despite the fact that is was publicly known that Mayor Durkan was not there, and she and organizers knew that Mayor Durkan’s address was protected under the state confidentiality program because of threats against Mayor Durkan, due largely to her work as US Attorney for Western Washington under the administration of President Obama. All of us have joined hundreds and thousands of demonstrations across the City, but Councilmember Sawant and her followers chose to do so with reckless disregard of the safety of Mayor Durkan’s family and children. In addition, during or after Councilmember Sawant’s speech at that rally, her followers vandalized Mayor Durkan’s home by spray-painting obscenities on the fence around her residence. Councilmember Sawant willfully and intentionally violated her duties under RCW 9A.46, RCW 9A.76, and Seattle Charter Art. IV, Sec 2 and 4 and her oath of office. Councilmember Sawant’s actions are a violation of the Washington State Address Confidentiality Program (RCW 9A.46), as Sawant knew that Mayor Durkan’s home address is protected. Sawant’s actions are also a violation of RCW 9A.76.180, which prohibits intimidation and threats against a public employee such as the Mayor. The intimidation of Page 5 of 7 1 2 3 4 5 6 7 public employees has now spread to other homes of elected officials who don’t follow Sawant’s agenda, and has been condemned in editorial of the Seattle Times on July 31, 2020 where Sawant reaffirmed her actions. F. Councilmember Sawant’s Actions Created a Criminal Toxic Environment Around the Capitol Hill Occupation Protest (CHOP) Zone and Capitol Hill 8 Endangering Residents and Businesses and Devaluing Our Businesses and 9 Real Estate Values (June 2020) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Councilmember Sawant’s continued actions by verbally and via writings, encouraging protestors to take over the Seattle Police Department’s East Precinct helped to create the Capitol Hill Occupation Protest (CHOP) Zone. Since the Seattle Police were no longer stationed in the East Precinct, the response times for Police calls in the Capitol Hill neighborhood tripled as reported by the Seattle Police Department and 911 dispatch. Violent incidents started to occur in the CHOP Zone and surrounding Capitol Hill neighborhood. Around the CHOP Zone in June 2020, a 19-year old teenager was shot and killed. Then just two (2) weeks later another teenager was shot a killed in the area around the CHOP Zone. During June 2020, in addition to the two (2) murders, there were numerous violent incidents, fireworks and other criminal activities. Councilmember Sawant’s actions assisted in the creation of this violent criminal toxic environment in the CHOP Zone and surrounding Capitol Hill neighborhood. Her actions directly had a negative impact to local businesses as many of their customers did not want to come to the neighborhood due to the violent incidents and the creation of the CHOP Zone. Residents in and around the CHOP Zone and surrounding Capitol Hill neighborhoods were denied their Page 6 of 7 1 2 3 4 5 6 7 8 9 10 11 rights to come and go as the pleased and were forced to follow a schedule of when they could come and go from their own residences. They ended up being hostages in their own homes. For those Seattle citizens who lived in the surrounding Capitol Hill neighborhoods, they had to endure almost nighty fireworks, gun shots and helicopters overhead. The Capitol Hill residences were living in a “war zone” and not a nice residential neighborhood in the City of Seattle. Councilmember Sawant’s actions have financially devalued the businesses and homes in the CHOP Zone and surrounding Capitol Hill neighborhood. Councilmember Sawant’s has failed in her responsibilities as Councilmember for City of Seattle’s District 3 to provide residences and businesses with the necessary law 13 enforcement resources to ensure our safety and our ability to live in peace. 14 I swear and affirm under oath that I believe the charges to be true and have 12 15 knowledge of the alleged facts upon which the state grounds for recall are based. 16 17 Dated this day of August 18, 2020 18 19 20 21 22 23 24 25 26 27 28 ________________________________ Ernest “Ernie” Lou P.O. Box 23086 Seattle, WA 98102 recallsawant2020@gmail.com 206.395.4563 I do not wish to disclose my actual address and will communicate it confidentially to the King County Elections via this email for verification of my voter registration record that I live in City Council District 3 in the City of Seattle. City Councilmember Sawant is known to lead protesters to private residences to harass them as she has done at Mayor Jenny Durkan’s private residence whose address is state confidential due to her previous role as US Attorney for the Western Washington District. Page 7 of 7