Pacific Mayor Cy Sun is destroying the city we love. He may be sincere, but his actions after one short year in office have caused almost irreparable harm.
We must act
NOW if there is any hope to save Pacific. This page details why the recall is necessary, urgent and our only hope to restore sanity to our city.
Showing posts with label recall. Show all posts
Showing posts with label recall. Show all posts

Thursday, May 9, 2013

RECALL VOTE SCHEDULED!!!

The recall petition was certified by King County Elections office today after enough signatures were verified. Pacific voters finally get to vote to keep Mayor Cy Sun in office or not. Today is a day of celebration for Pacific and the many citizens who realized they made a mistake in the last election. Pacific voters will finally have a chance to correct that mistake on June 25th.

Our work is not done. There is a campaign to run and neighbors to inform. We will share campaign material soon. To read the official letter from the elections office, follow this link...

Friday, April 26, 2013

Dodo Hall of Recall Fame

Today's Seattle Times editorial sums up our struggle to get this recall on the ballot very well. "It’s really, really hard to recall an elected official in Washington." After recounting other failed attempts to allow a recall vote, author Johnathan Martin sums it up with "All this is a reminder of the consequences of a hollowed-out news media. Good election-season vetting may have averted this debacle. Instead, people lost their jobs and Pacific is awash in needless bills. Farewell, Mayor Sun, and welcome to Washington’s dodo hall of recall fame."

If you are a registered voter in Pacific who wants to help right this wrong by signing the recall petition THIS WEEKEND, please email us at recallcy@blogspot.com. We hope to gather enough signatures by Monday morning to turn in the paperwork to the elections office. No more delays! 

Thursday, April 25, 2013

Signature Gathering Starts At Noon Friday

Pacific voters finally get their chance to take some concrete action to take back their city beginning at noon tomorrow, Friday April 26th. The state Supreme Court issued their decision today allowing the recall effort to proceed to the signature gathering stage. This long-awaited step begins with a flourish across the street from city hall with the honor of the first signature going to recall committee chairman Don Thomson. Don promises to sign nice and big so Mayor Sun won't have any trouble reading it.

As soon as Don signs, the floodgates can open and other registered voters in Pacific can add their names to the petition. We need about 450 signatures, but want to get plenty extra so there is a wide margin for error. All signatures must be verified by the election department before a special election can be scheduled. Only currently registered voters within Pacific city limits are allowed to sign the petition. Others who want to help can assist with doorbelling for signatures.

Registered voters can stop by in front of the gift shop at 111 3rd Ave. SE (across from city hall) between noon and 6pm tomorrow.  It would be wonderful to have a line of people ready to sign at noon! If you can't make it tomorrow, petitions will also available on Saturday from 10am til 2pm at the same location. If you want to help doorbell, come by the gift shop and get an assignment.

Stop by tomorrow and celebrate with us! See you at high noon!

SUN LOSES RECALL APPEAL

The Washington State Supreme Court upheld all of the lower court's findings today regarding the charges for recalling Pacific Mayor Cy Sun. We can finally move ahead with gathering signatures so the issue can be put out for a vote by the citizens of Pacific. You can read the court's decision here...

Petitions will be printed and ready for signature as soon as possible, hopefully by this weekend. Stay tuned! Check our Facebook page for the latest details.

Thursday, April 4, 2013

Supreme Court Decision on Recall Pending

The Washington State Supreme Court was scheduled for deliberations on the recall of Mayor Cy today. Sun and his team of lawyers had appealed the decision of King County Superior Court Judge Laura Inveen in October, causing a long delay in the recall process. If the Supreme Court approves the recall alegations, the process can proceed to collecting signatures to allow for a full vote on the recall.

Although deliberations were scheduled for today, there is no way to know when a decision will be made public. Watch the recall Facebook page for the latest news. Once a favorable decision is issued, signature gathering will begin as soon as possible.

Friday, February 15, 2013

Recall Decsion Delayed Again

Mayor Cy Sun has successfully delayed the recall decision by the State Supreme Court once again. This time, one of his lawyers will not be available (even though other lawyers on his team are available). The earliest we can hope for a special election is sometime this summer now.

Remember, all the recall does is allow the people of Pacific to vote on retaining Mayor Sun or not. For those of us fighting in the trenches just to get this issue before the voters, the process is obscene. All the cards are stacked against the citizens. When an elected official like Mayor Sun can wreck havoc in office untouched for a year and half (if we are lucky) before the people of Pacific can vote, something is very wrong.

Mayor Sun said he welcomed a recall (link here). Now he fights and delays the effort at every turn. His pattern of saying one thing and doing the opposite is well known to those in Pacific who have deal with him. It's time that others outside Pacific understand how very one-sided and onerous our recall system is. Please tell your friends. Let them know about this injustice. And ask them to help us fight this battle. Find out how to help at ProtectPacificVotes.com.

MyNortwest.com has a good summary of the recall process to date (link here).

Friday, November 9, 2012

Cross-Appeal Filed

After Pacific Mayor Cy Sun appealed the recall petition, the committee has filed an appeal of their own in court today - asking the Washington State Supreme Court to reinstate the dismissal of some of the charges against Sun and urging an expedited review. The paperwork filed today is available via this link here...

The committee had no choice but to pursue this arduous and very costly alternative after Mayor Sun appealed, despite his numerous statements that he would welcome a vote by the citizens of Pacific. Both appeals are made directly to the state's highest court and involve many more hours of costly attorney time, preparation and arguments. The recall committee has retained the law firm of Oldfield & Helsdson, who successfully shepherded the recall of Pierce County Assessor Dale Washam. The recall process is complex, cumbersome and challenging - and almost impossible to negotiate without expert help. The committee must now raise another $15,000 to complete this step in the process.

It is unclear how Mayor Sun is paying for his legal team. Under state law, he must follow the same fund raising rules as the recall committee. His lawyers cannot charge the City of Pacific for any work they do on the recall campaign, although it is unclear if anyone from the City is allowed to review their invoices. Donations are limited to $900 per person and must be documented with the donor's name, address and employer filed with the Public Disclosure Commission. The recall campaign has been carefully following these rules, despite how limiting they have been. Meanwhile, Sun supporters are listing his attorney's names on local news web sites encouraging anonymous donations of any amount. It has not been an even playing field to date.

It is time for all the citizens of Pacific to step up to the plate and get involved. If every voter in Pacific donated just $6, we could cover this additional cost needed to fight Sun's appeal and get this issue out for a vote. We have to be willing to put our name on the line and take a stand to save our city. All this effort is to allow a vote on the recall, not kick Mayor Sun out of office. That decision will be made by the voters. Please help us give the citizens of Pacific that choice.

Donations can now be made at the Columbia Bank at 41st and A Streets, but please fill out the disclosure form when you make your donation. Thank you for your help and support in this important effort. It is vital that we allow Pacific residents the chance to vote as soon as possible.

Wednesday, October 17, 2012

Recall Appeal




Sun Appeals Recall

Words cannot express our disappointment that Mayor Sun has decided delay the vote on his recall by filing an appeal today. Our goal all along has been to give the voters in Pacific the right to decide to keep Mayor Sun in office or not.

Sun has appealed the decision of Judge Inveen (that found sufficient evidence to allow a recall vote to proceed) to the State Supreme Court. The mayor's appeal likely delays any vote until after the insurance company's cancellation deadline of December 31st. The appeal also means another very costly legal battle with strict rules regulating raising funds to continue this fight.

A very disappointing day. We will get more details as soon as we can.

Wednesday, October 10, 2012

Sun Responds To Recall Judgement

Mayor Sun passed out this announcement to city employees today (link to full announcement here). His cover letter below gives insight into his mindset and his lack of willingness to work with the rest of the city...


Tuesday, October 9, 2012

Proposed Order

The judge had to leave before signing the order allowing the recall to move forward, but both sides agreed to the language contained in this order. Judge Inveen's clerk expected she would sign the order this afternoon without any major changes. You can read the order and new ballot language via this link.....

Wednesday, October 3, 2012

Important Reminders

6606 = residents of Pacific
2591 = registered voters
1157 = people who voted in the last election
470 =  votes for Cy Sun

687 = people who voted that did NOT vote to elect Cy Sun
2121 = registered voters that did NOT vote to elect Cy Sun
6136 = residents that did NOT vote to elect Cy Sun

89.3% of the Residents of the City of Pacific DID NOT vote Cy Sun into office!

Also this reminder about what happens after a successful recall. In a nutshell, the Mayor Pro tem will serve as mayor temporarily until the council appoints someone to that position. The council is required to appoint someone within 90 days. The person appointed will only serve as mayor until the following November when the VOTERS will choose.

From Municipal Research & Services Center (MRSC):

City and town elected officials are nonpartisan, that is, they have no political party designation. When anelected, nonpartisan position becomes vacant, the remaining members of the legislative body make an appointment of a qualified person to fill the position.
163 If there are two or more vacancies and two or more councilmembers remain in office, the remaining councilmembers appoint someone to fill the first vacancy, then the remaining councilmembers plus the newly-appointed person fill the next, and so on until all of the vacancies have been filled.
164 If fewer than two councilmembers (i.e., one or zero) remain, the county legislative authority appoints one or more qualified person(s) to fill the vacancy or vacancies until the council has two members, and, once there are two members, those members can fill the remaining vacancies as outlined above.
165 The city or town council has 90 days from the date the vacancy occurred to fill the vacancy or vacancies. If the council fails to do so, the county commissioners or council make the appointment or appointments.
166 The county has 90 days (180 days from the date of the vacancy’s occurrence) to make an appointment; if it fails to do so, either the county or city or town may petition the governor to make the appointment.
167 The person appointed to fill the vacancy continues to serve until a qualified person is elected at the next election at which councilmembers are elected, if the election occurs 28 or more days after the vacancy occurs.
168 There are some special rules that apply when filling a vacancy in the office of mayor (in the mayor-council form of government). In a second class city, the appointment must come from within the city council.
169 In other classes, there is no such limitation. However, informal advice from the Attorney General’s office suggests that (except in second class cities) a city or town council cannot appoint one of its members as mayor unless the councilmember in question has resigned prior to the appointment.

It should be noted that the person that is appointed to the position of mayor more than likely will want to run for the spot in November. That means that they will need to prove themselves dedicated to taking the city in a positive direction in a manner that the voters deem appropriate and effective in short order.

Wednesday, September 26, 2012

Recall Delayed Again

Before the hearing this afternoon, recall committee members were able to speak face to face with Mayor Cy Sun, reiterating our appreciation for his service to our country and reminding him that this recall effort is not personal. It is based on concerns about his leadership in office, not his leadership on the battlefield.

King County Superior Court Judge Laura Inveen made it clear early in the recall hearing today that she was not going to rule on the issue immediately. Paperwork on the case was being filed as late as this morning. She felt she had not studied all the material enough to reach a decision, but she could have held the hearing today and issued her decision in the next few days rather grant the formal hearing continuance requested by Mayor Sun.

The first procedural issue to address was the motion for a continuance (where the hearing is delayed to a later date). The mayor's attorney laid out his case supporting a delay.

Among his reasons:
  • He had no idea he was representing Mayor Sun in this issue until last Friday when a reporter asked him about it. After the reporter's question, the attorney called Sun and confirmed he was on the job for both the writ hearing yesterday and today's recall hearing.
  •  Despite Mayor Sun knowing about this hearing since August 27th and the state law requirement that this hearing be held within 15 days of filing (which would have been September 20th), Sun had not had time to prepare his case.
  • There is no longer any rush for this action, since "the person acting as the city attorney" had stated at the writ hearing yesterday that once the writ of mandate was signed by the judge, the city's insurance would not be canceled (a statement that was never made).
The recall attorney then presented the reasons to deny any further delays. Some of the highlights of his argument:
  • The process is supposed to give deference to the citizen's right to recall elected officials from office. Another delay is contrary to that deference.
  • The recall attorney had quickly, without even checking with his client, already granted a continuance so that the mayor could attend the reunion with his fellow veterans because the reason was so important.
  • The issue of losing insurance is very relevant. No employees can continue working the moment that coverage is dropped. The fact that the city loses insurance on December 31st is one of the certainties in this timeline. Anything else is speculation.
  • Getting this issue on the ballot before December 31st is a vital piece of showing the insurance carrier that the citizens of Pacific are doing everything they can to address the insurance carriers valid concerns.
  • Every day counts. Any delay adds to the citizens already immense burden to get this issue out for a vote in time.
After the judge asked for some clarifications, she ruled in favor of Mayor Sun and allowed the delay. The hearing was rescheduled for October 9th at 10am.

Mrs. Sun in the front bench with recall Chairman Don Thompson and his attorney Jeff Helsdon to the left, Mayor Sun in yellow with his two attorneys and one of the King County prosecutors standing (who wrote the ballot summary - as required under the law).

Recall attorney Jeff Helsdon being interviewed by Gary Horcher, KIRO TV News, in the King County Courthouse lobby.

Tuesday, September 25, 2012

Sun Promises To Delay Recall Vote

UPDATE, 12:35am, September 26, 2012:

The post on Mayor Sun's blog promising to appeal the recall has already been taken down, less than an hour after it was noted here on the recall blog. The link in the story below will no longer work, but copies of the mayor's post are available. Email us at recallcy@gmail.com if you need a copy.
___________________________
As many expected, Mayor Sun announced on his blog tonight (link here) that he will appeal the recall effort if it is allowed to move forward tomorrow in court. If he appeals, getting the issue to a vote will be delayed for several weeks if not months, and probably push any hope for a public vote past the December 31st deadline the city faces with the insurance carrier.

Mayor Sun states that his reason for appealing is because he is offended that the recall committee questioned the dates he said he was attending a veteran’s reunion. The only reason the dates were an issue was because they were used to delay the recall hearing. And every delay is so costly right now. All we want is to get this issue before the voters of Pacific and let them decide if Mayor Sun should remain in office.

We want to reiterate that the committee’s concerns were with the dates Sun said he was available. In no way did we question or berate his decision to attend the reunion (more details on our concerns here and here). The recall committee, along with the rest of Pacific’s citizens, deeply appreciates Cy Sun’s service to our country. One of the freedoms that Mayor Sun fought for was the right for open, calm, civil dialogue in the public square – a freedom we cherish.

Although we disagree with the mayor, we strive for civility. We will maintain that calm, open approach despite his actions or war-like response on his blog. We will be very disappointed if Mayor Sun chooses to appeal the recall effort. The people he hurts are not the recall committee members; it’s all the citizens of Pacific.

Monday, September 24, 2012

Ballot Language Ready

The recall effort took a step forward today with the filing of a motion that outlines the ballot language proposed by the prosecutors office. The motion lists five formal charges and summary evidence for each. The judge is asked to approve the motion and allow the citizens of Pacific to vote on the recall of Mayor Sun. The hearing on the issue is scheduled for this Wednesday, September 26th. The full motion is available via this link...

Tuesday, August 28, 2012

More Voices

Our neighbors are doing independent research and working to save our city. The following is a letter from one of those concerned neighbors:

___________________________________________

I asked (Pacific) councilman Putnum in an email what happens if the mayor is recalled...who runs the city...I also did some of my own research and compared some of what I found with the recall motion and would like to share the following:

As I understand it, and I'm definitely not a lawyer, upon the vacancy of the office of Mayor, the Council would appoint a new temporary Mayor until the next general election.


35A.12.050
Vacancies.
The office of a mayor or councilmember shall become vacant if the person who is elected or appointed to that position fails to qualify as provided by law, fails to enter upon the duties of that office at the time fixed by law without a justifiable reason, or as provided in RCW 35A.12.060 or 42.12.010. A vacancy in the office of mayor or in the council shall be filled as provided in chapter42.12 RCW. An incumbent councilmember is eligible to be appointed to fill a vacancy in the office of mayor.

RCW 42.12.070
Filling nonpartisan vacancies.
A vacancy on an elected nonpartisan governing body of a special purpose district where property ownership is not a qualification to vote, a town, or a city other than a first-class city or a charter code city, shall be filled as follows unless the provisions of law relating to the special district, town, or city provide otherwise:

(1) Where one position is vacant, the remaining members of the governing body shall appoint a qualified person to fill the vacant position.
....
(6) As provided in chapter 29A.24 RCW, each person who is appointed shall serve until a qualified person is elected at the next election at which a member of the governing body normally would be elected. If needed, special filing periods shall be authorized as provided in chapter 29A.24 RCW for qualified persons to file for the vacant office. A primary shall be held to qualify candidates if sufficient time exists to hold a primary and more than two candidates file for the vacant office. Otherwise, a primary shall not be held and the person receiving the greatest number of votes shall be elected. The person elected shall take office immediately and serve the remainder of the unexpired term.

If an election for the position that became vacant would otherwise have been held at this general election date, only one election to fill the position shall be held and the person elected to fill the succeeding term for that position shall take office immediately when qualified as defined in RCW 29A.04.133 and shall service both the remainder of the unexpired term and the succeeding term.
Let's Look at the elected City Council:

The other area to be aware of regarding management of the city aside from the mayor seat is what the council actually does in the daily operation of a city (a mayoral/council system). In addition to that appointed position or mayor pro tem, the council is an important cog in city operations. The current Mayor Pro Tem is John Jones, who is recognized by the city of Sumner Interlocal agreement regarding the Valentine road project...an excerpt from an email I received from Sumner's Public Works Director Bill Pugh: "Our point of contacts for the project have been Mayor Pro Tem Jones (jjones@ci.pacific.wa.us) and Council Member Steiger (253-735-2144). You should probably contact either of them for more information..."

and

"We appreciate the opportunity to work with Mayor Pro Tem Jones and Council Member Steiger. They are professional, diligent, accommodating and responsive.
Any elected councilmember could fill the void. The City of Pacific while lacking competence in the Mayor's office; still has has a strong, informed City Council. If it wasn't for them, we would be in even more dire straits if that were possible."

Regarding the elected council's role....please refer to :

35A.12.120
Council — Quorum — Rules — Voting.
At all meetings of the council a majority of the council-members shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The council shall determine its own rules and order of business, and may establish rules for the conduct of council meetings and the maintenance of order. At the desire of any member, any question shall be voted upon by roll call and the ayes and nays shall be recorded in the journal.

The passage of any ordinance, grant or revocation of franchise or license, and any resolution for the payment of money shall require the affirmative vote of at least a majority of the whole membership of the council.
[2009 c 549 § 3012; 1967 ex.s. c 119 § 35A.12.120.]"

The above highlighted statement pretty much sums up quite a lot of city business. Some of the current Mayor's actions and failure to comply with many of these types of legal structure required within the government are listed in the recall complaint with accompanied documented exhibits...another reason for his recall.

The mayors role in city government is to work with the council, different boards, city staff as well as other cities to insure a quality of life for the people who elect him..his boss. This is the democratic intention of this form of government; with checks and balances to insure integrity in operations and fiscal responsibility for the taxpayers(even those that didn't vote). When the checks and balances are deliberately not implemented and people are fired or harassed due to this...the system breaks down and the taxpayer loses; the city ceases to operate in a fiscally sound and effective manner (Pacific's current situation).

With the experience of the current council and the mayor pro tem...I feel confident that the city will be managed better with a recall and will have the impetus to "get the train back on the tracks" to get us moving in a productive and beneficial manner again...truly a win-win scenario. The current mayors deeds and ensuing results speak for themselves...hence the recall.

How can the city of Pacific do worse than the current status quo..common sense says we can't.

Thursday, August 23, 2012

Complaint Is Officially Filed!






Step Forward

With residents, supporters and media watching, recall committee chairperson Don Thomson signed the official complaint today in front of city hall. The signed copy was then delivered to the elections department to begin the complicated recall process. Despite many long hours preparing for this step, this is only the beginning of restoring sanity to Pacific. Much, much more to come - but a big step forward today.





It Has Begun

Attorney Jeff Helsdon is reviewing the complaint with Denise Whitaker of KOMO News
After hundreds of hours in preparation, the formal recall process is officially underway. Attorney Jeff Helsdon has been  meeting with reporters to outline the many, many details of Mayor Sun's offenses. Committee chairman Don Thomson will be signing the formal complaint in just a few minutes in front of city hall. The full complaint will then be filed with the county elections office.

The full complaint is available here... The 200+ pages of supporting material will be posted soon.