Clark County Disputes Moving To Court

Clark County's ongoing drama is moving from the hearing room to the courtroom this week, as judges will begin to consider two legal issues facing the county council. Judge Stephen Warning, a Cowlitz County judge, will consider on Friday morning whether a recall petition Republican Councilor Tom Mielke filed against Council Chair Marc Boldt, no party preference, and Republican Councilors Julie Olson and Jeanne Stewart has merit. Also on Friday, Clark County Judge David Gregerson is scheduled to consider hearing dates in conservative political activist Christian Berrigan's referendum petition to the county's 20-year growth plan. Mielke filed a recall petition against his fellow councilors late last month, leveling four accusations against them. He alleged that the three violated the Open Public Meetings Act; illegally granted The Columbian a contract as the county's official newspaper of record; prevented Mielke from accessing the county's attorneys; and allowed County Manager Mark McCauley to dissolve the Department of Environmental Services even though it had been budgeted for this year. Mielke through his attorney, Seattle-based Michael Kahrs, submitted a nearly 300-page memorandum outlining his allegations and providing evidence he believes will prove the alleged wrongdoing of his fellow councilors. In a recall petition, a judge is tasked with determining whether the recall is valid, and whether there's enough evidence to find that the targets committed misfeasance, malfeasance or a violation of the elected officials' oath of office. Misfeasance means performing a duty in an improper manner.