New: State Supreme Court issues full ruling in decision not to allow recall of Seattle's mayor. Cites two recall limitations it finds relevant:
"First, an elected official is not subject to recall for the act of a subordinate done without the official’s knowledge or direction.”
"First, an elected official is not subject to recall for the act of a subordinate done without the official’s knowledge or direction.”
2) "An official may be recalled for execution of discretionary acts only if the execution of that discretion is done ‘in a manifestly unreasonable manner,' which 'may be shown by demonstrating discretion was exercised for untenable grounds or for untenable reasons.'”
The court concluded that recall petitioners "do not show that Mayor Durkan’s failure to take any particular action was manifestly unreasonable" as it pertained to response to demonstrators.
"It is certainly possible to imagine other actions Durkan might have taken, perhaps issuing a moratorium on the use of tear gas and pepper spray altogether...allowing the continued use of pepper spray and tear gas in life-threatening situations...is not manifestly unreasonable."
Court concludes: "If the alarming factual allegations in this case are true, as we must assume they are, then those responsible must be held accountable, including
Mayor Durkan. However, our precedent does not allow (her) to be held accountable through the process of a recall."
Mayor Durkan. However, our precedent does not allow (her) to be held accountable through the process of a recall."
Of course a lot of this is moot now considering Mayor Durkan is no longer seeking reelection.
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