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Thread: How To Recall Mayor Nickels

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    Do youremember former Spokane Mayor Jim West being Recalled? Well guys, and gals it can be done. If we all had the persistence, and goals like Shannon Sullivan we could change this state!

    Do we have "ANY" Volunteers???

    http://www.spokesmanclassifieds.com/...=082505_recall

    http://www.helenair.com/articles/200...1061405_06.txt

    WA State Constitution

    Article 1 Section 33

    RECALL OF ELECTIVE OFFICERS. Every elective public officer of the state of Washington expect [except] judges of courts of record is subject to recall and discharge by the legal voters of the state, or of the political subdivision of the state, from which he was elected whenever a petition demanding his recall, reciting that such officer has committed some act or acts of malfeasance or misfeasance while in office, or who has violated his oath of office, stating the matters complained of, signed by the percentages of the qualified electors thereof, hereinafter provided, the percentage required to be computed from the total number of votes cast for all candidates for his said office to which he was elected at the preceding election, is filed with the officer with whom a petition for nomination, or certificate for nomination, to such office must be filed under the laws of this state, and the same officer shall call a special election as provided by the general election laws of this state, and the result determined as therein provided. [AMENDMENT 8, 1911 p 504 Section 1. Approved November, 1912.]

    Article 1 Section 34

    The legislature shall pass the necessary laws to carry out the provisions of section thirty-three (33) of this article, and to facilitate its operation and effect without delay: Provided, That the authority hereby conferred upon the legislature shall not be construed to grant to the legislature any exclusive power of lawmaking nor in any way limit the initiative and referendum powers reserved by the people. The percentages required shall be, state officers, other than judges, senators and representatives, city officers of cities of the first class, school district boards in cities of the first class; county officers of counties of the first, second and third classes, twenty-five per cent. Officers of all other political subdivisions, cities, towns, townships, precincts and school districts not herein mentioned, and state senators and representatives, thirty-five per cent. [AMENDMENT 8, 1911 p 504 Section 1. Approved November, 1912.]

    http://www.leg.wa.gov/LawsAndAgencyR...nstitution.htm

    RCW 29A.56.110 Initiating proceedings

    Whenever any legal voter of the state or of any political subdivision thereof, either individually or on behalf of an organization, desires to demand the recall and discharge of any elective public officer of the state or of such political subdivision, as the case may be, under the provisions of sections 33 and 34 of Article 1 of the Constitution, the voter shall prepare a typewritten charge, reciting that such officer, naming him or her and giving the title of the office, has committed an act or acts of malfeasance, or an act or acts of misfeasance while in office, or has violated the oath of office, or has been guilty of any two or more of the acts specified in the Constitution as grounds for recall. The charge shall state the act or acts complained of in concise language, give a detailed description including the approximate date, location, and nature of each act complained of, be signed by the person or persons making the charge, give their respective post office addresses, and be verified under oath that the person or persons believe the charge or charges to be true and have knowledge of the alleged facts upon which the stated grounds for recall are based.

    For the purposes of this chapter:

    (1) "Misfeasance" or "malfeasance" in office means any wrongful conduct that affects, interrupts, or interferes with the performance of official duty;

    (a) Additionally, "misfeasance" in office means the performance of a duty in an improper manner; and

    (b) Additionally, "malfeasance" in office means the commission of an unlawful act;

    (2) "Violation of the oath of office" means the neglect or knowing failure by an elective public officer to perform faithfully a duty imposed by law.


    [2003 c 111 § 1407; 1984 c 170 § 1; 1975-'76 2nd ex.s. c 47 § 1; 1965 c 9 § 29.82.010. Prior: 1913 c 146 § 1; RRS § 5350. Former part of section: 1913 c 146 § 2; RRS § 5351, now codified in RCW 29.82.015. Formerly RCW 29.82.010.]

    http://apps.leg.wa.gov/RCW/default.aspx?cite=29A.56

    XD



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    I also wanted to say that I am disturbed that the SAF, and CCRKBA based in WA have not said a peep about this EO by Nickels. What's the holdup?

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    Regular Member amlevin's Avatar
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    If I read correctly, this whole issue is only at the stage where the Mayor has ordered his city departments to come up with a plan to implement this. There is no "prohibition" at this time. There may be some cooler and wiser heads working on this and the Mayor may be plainly told before this comes to an end that his actions are illegal, or at the very least unwise.

    Why go public with your plan of action when there may be no necessity? Yet.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

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    Regular Member Ajetpilot's Avatar
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    Does anyone know where one can find the oath of office for various officials, i.e. mayor, county commissioners, city councilmen, or LEOs for that matter?

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    Regular Member Gene Beasley's Avatar
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    Ajetpilot wrote:
    Does anyone know where one can find the oath of office for various officials, i.e. mayor, county commissioners, city councilmen, or LEOs for that matter?
    From the Seattle City Charter:

    ARTICLE XIX. Officers; Terms and Vacancies
    Sec. 4. OATH OF OFFICE; OFFICIAL BOND
    Every Councilmember and every other officer of the City and the head of every department, before entering upon the duties of his or her office, shall take and subscribe an oath or affirmation that he or she possesses all the qualifications prescribed for his or her office, by this Charter; that he or she will support the Constitution of the United States, and of the State of Washington, and the Charter and ordinances of The City of Seattle; and that he or she will faithfully conduct himself or herself in office.

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    Gene Beasley wrote:
    Ajetpilot wrote:
    Does anyone know where one can find the oath of office for various officials, i.e. mayor, county commissioners, city councilmen, or LEOs for that matter?
    From the Seattle City Charter:

    ARTICLE XIX. Officers; Terms and Vacancies
    Sec. 4. OATH OF OFFICE; OFFICIAL BOND
    Every Councilmember and every other officer of the City and the head of every department, before entering upon the duties of his or her office, shall take and subscribe an oath or affirmation that he or she possesses all the qualifications prescribed for his or her office, by this Charter; that he or she will support the Constitution of the United States, and of the State of Washington, and the Charter and ordinances of The City of Seattle; and that he or she will faithfully conduct himself or herself in office.
    Attached Images Attached Images

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    XD45PlusP wrote:
    I also wanted to say that I am disturbed that the SAF, and CCRKBA based in WA have not said a peep about this EO by Nickels. What's the holdup?
    Well, you must not have access to a television or radio.

    There's no "holdup" from SAF or CCRKBA on this nonsense.

    WE'VE ALREADY been on all three local television stations, plus KIRO, KVI, KUOW, KTTZ and the Seattle public access channel..and in the Seattle P-I. And all of that was within hours of Nickels' announcement last Monday.

    I know, because I personally did all of those interviews.

    I guess I'm just a little disturbed that you don't check your facts before you launch a remark like this. Indeed, I was on the air with Kirby Wilbur at KVI hours BEFORE Nickels made the formal announcement, explaining that this is illegal on its face.

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    Bobcav, I understand your intent with the picture of Ray Charles, but in all due fairness, think it is somewhatdisrespectful of a great musician.

    Jim

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    Trigger Dr wrote:
    Bobcav, I understand your intent with the picture of Ray Charles, but in all due fairness, think it is somewhatdisrespectful of a great musician.

    Jim
    That and it looks photoshopped. Well, we can only hope something happens with ol' greg.
    "Think lightly of yourself and deeply of the world." ~ Musashi

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    Trigger Dr wrote:
    Bobcav, I understand your intent with the picture of Ray Charles, but in all due fairness, think it is somewhatdisrespectful of a great musician.

    Jim
    <shaking head - I don't believe I have to explain this> First it was in no way disrespectful to him, since it is merely a neutral reflection of the past and holding a mike backwards is most certainly a failure.

    Second,where in the rule book does it say I have to respect someone just because they're a great musician? It takes more than just great piano playing to earn my respect.

    Stay Safe.



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    Frankly, Bob, the photo of Ray Charles seems rather irrelevant to the discussion. So what if he's got the microphone backward?

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    Dave Workman wrote:
    Frankly, Bob, the photo of Ray Charles seems rather irrelevant to the discussion. So what if he's got the microphone backward?


    The fail picture is an internet meme originating on several other internet forums of somewhat less maturity than this, but often funny nonetheless. They are usually posted in response to someone who did something stupid or even more often when they tried something stupid and failed, thus making themselves look like an ass - the good Mayor Nickels is a fine example of this behavior.









    Of course, me knowing about internet memes like this and thinking they are funny is probably the ultimate in fail.

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    Dave Workman wrote:
    XD45PlusP wrote:
    I also wanted to say that I am disturbed that the SAF, and CCRKBA based in WA have not said a peep about this EO by Nickels. What's the holdup?
    Well, you must not have access to a television or radio.

    There's no "holdup" from SAF or CCRKBA on this nonsense.

    WE'VE ALREADY been on all three local television stations, plus KIRO, KVI, KUOW, KTTZ and the Seattle public access channel..and in the Seattle P-I. And all of that was within hours of Nickels' announcement last Monday.

    I know, because I personally did all of those interviews.

    I guess I'm just a little disturbed that you don't check your facts before you launch a remark like this. Indeed, I was on the air with Kirby Wilbur at KVI hours BEFORE Nickels made the formal announcement, explaining that this is illegal on its face.
    Dave, I'm not trying to cause a problem, and I apologize if I may have sounded like I wanted to. My intent was to say that I have not seen a Press Release or Memo on their websites. Sorry.... I know you have spoken, and written about this.

    XD


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    Count me in on any recall effort. I posted earlier that I was going to try and go forward with something. However, since the mayor has yet to actually implement anything, it is premature.
    This weekend I was at the KCR Flag Day dinner and briefly asked Rob McKenna about any activity in his office regarding this EO. He indicated that he has not reviewed anything at this time, but until something is actually done, there isn't really anything to do. He did anticipate a request for review if something did go into effect.
    Based on that and everything else I have read and seen, I think the best thing is to just standby and let this thing proceed to the point where a crime has been committed.

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    gsx1138 wrote:
    Trigger Dr wrote:
    Bobcav, I understand your intent with the picture of Ray Charles, but in all due fairness, think it is somewhatdisrespectful of a great musician.

    Jim
    That and it looks photoshopped. Well, we can only hope something happens with ol' greg.
    I worked with Ray. He was a jerk. Sorry.

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    http://seattlepi.nwsource.com/opinio...eararms24.html


    Mayor Greg Nickels exploits gun-show loophole By ALAN GOTTLIEB AND JOE WALDRON
    GUEST COLUMNISTS
    Seattle Mayor Greg Nickels, behaving like the would-be ruler of a "city state," has decided to ignore Washington's longstanding firearms statute regarding the legal carry of concealed handguns by licensed private citizens on city property.
    He recently announced he will ban all guns from city property -- places that belong to all citizens, including those who are legally armed -- by executive order, which is not subject to City Council review. This arrogant fiat blatantly violates both the letter and spirit of this state's model pre-emption law, which places all authority for firearms regulation in the hands of the Legislature. He ignores a section in the law that specifically exempts people licensed to carry a concealed handgun from such firearm restrictions.
    Nickels believes he has found a "loophole" in the state statute, thanks to a Washington Supreme Court ruling last year. That ruling dealt with the city of Sequim's ability to regulate a private gun show on public property, but that case did not address licensed concealed carry -- only the regulation of a commercial enterprise.
    How odd that a man who has loudly complained about a so-called gun-show loophole would now be exploiting what he believes to be such a loophole.
    How ironic that Nickels' plan would get the support of police Chief Gil Kerlikowske, whose gun control lobbying efforts on behalf of Washington CeaseFire have been rather hollow since his own pistol was stolen from his car on a downtown street, and never recovered.
    State lawmakers have requested an opinion on Nickels' ban from Attorney General Rob McKenna, because this attempt to skirt the law is an affront to legislative authority. Simply because Nickels believes the world, or at least this state, revolves around Seattle does not make it so.
    In launching his attack, based on a single, isolated incident at this year's Folklife Festival, the mayor is engaging in the kind of social bigotry we hoped was long gone in this country.
    His "we don't want your kind around here" attitude toward legally armed citizens, whose individual right to bear arms is specifically spelled out in our state constitution, is appalling. Even the two Folklife shooting victims told reporters they think Nickels is wrong.
    If Nickels is allowed to get away with this -- and we promise, there will be a legal challenge -- what's next? Will he then issue a royal decree about parking on city streets, or riding bicycles in rush hour? Maybe he'll tell people how to vote, or where to attend church.
    Or perhaps this is merely a ploy to divert attention from his administrative failures and stumbles, everything from the $4 billion tunnel plan to the monorail debacle and his campaigns against bottled water and Seattle nightspots.
    Whatever the case, it is bad policy. State lawmakers should be outraged at this subversion of the legislative process, and all citizens should be alarmed at the mayor's arrogance. Unable to gut state pre-emption, he now thinks he can simply ignore it.
    He is not above the law, nor can he simply make up his own.
    Alan Gottlieb is founder of the Second Amendment Foundation (saf.org). Joe Waldron is legislative director for the Citizens Committee for the Right to Keep and Bear Arms (ccrkba.org).

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    Regular Member amlevin's Avatar
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    "because Nickels believes the world, or at least this state, revolves around Seattle does not make it so. "


    Who's going to break the news to Greg?



    He must have read how Denver successfully got around State Preemption in Colorado but forgot to read the fine print. Denver has a Home Rule Charter and Colorado didn't preempt in this case. In WA the law covered this contingency. Hopefully his raft is set adrift on this issue and then sinks. Preferrably with him on it.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

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    Don't bother attempting a recall.

    Do you guys honestly believe the citizens of Seattle, even if allowed to vote to re-call Nichols would do so? I would postulate that the overwhelming citizens of Seattle believe the Mayor's executive order is a good one, and would not recall him, even if you got the issue on the ballot.

    The place to fight this is with Attorney General McKenna.

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    I would postulate that the overwhelming citizens of Seattle believe the Mayor's executive order is a good one, and would not recall him, even if you got the issue on the ballot.
    Who ever said that arecall effort has to be focused on his bogus executive orders. A recall effort can be based on any issue, real or imagined. See How to Fire a Bad Politician

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    44Brent wrote:
    I would postulate that the overwhelming citizens of Seattle believe the Mayor's executive order is a good one, and would not recall him, even if you got the issue on the ballot.
    Who ever said that arecall effort has to be focused on his bogus executive orders. A recall effort can be based on any issue, real or imagined. See How to Fire a Bad Politician
    44Brent:

    The opinion page of Washington Ceasefire notwithstanding, in order for a recall petition to make it on the ballot, there must be evidence of misfeasance or malfeasance. A judge will throw out any spurious petitions, and the recall effort will fail. The RCW was quoted in the original post, but for your edification, I will repost it below.

    RCW 29A.56.110
    Initiating proceedings -- Statement -- Contents -- Verification -- Definitions.

    Whenever any legal voter of the state or of any political subdivision thereof, either individually or on behalf of an organization, desires to demand the recall and discharge of any elective public officer of the state or of such political subdivision, as the case may be, under the provisions of sections 33 and 34 of Article 1 of the Constitution, the voter shall prepare a typewritten charge, reciting that such officer, naming him or her and giving the title of the office, has committed an act or acts of malfeasance, or an act or acts of misfeasance while in office, or has violated the oath of office, or has been guilty of any two or more of the acts specified in the Constitution as grounds for recall. The charge shall state the act or acts complained of in concise language, give a detailed description including the approximate date, location, and nature of each act complained of, be signed by the person or persons making the charge, give their respective post office addresses, and be verified under oath that the person or persons believe the charge or charges to be true and have knowledge of the alleged facts upon which the stated grounds for recall are based.

    For the purposes of this chapter:

    (1) "Misfeasance" or "malfeasance" in office means any wrongful conduct that affects, interrupts, or interferes with the performance of official duty;

    (a) Additionally, "misfeasance" in office means the performance of a duty in an improper manner; and

    (b) Additionally, "malfeasance" in office means the commission of an unlawful act;

    (2) "Violation of the oath of office" means the neglect or knowing failure by an elective public officer to perform faithfully a duty imposed by law.

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    Marty,

    IMHO Mr.Nickels qualifies for all of these:

    For the purposes of this chapter:

    (1) "Misfeasance" or "malfeasance" in office means any wrongful conduct that affects, interrupts, or interferes with the performance of official duty;

    (a) Additionally, "misfeasance" in office means the performance of a duty in an improper manner; and

    (b) Additionally, "malfeasance" in office means the commission of an unlawful act;

    (2) "Violation of the oath of office" means the neglect or knowing failure by an elective public officer to perform faithfully a duty imposed by law.


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    Marty may have a valid point. However, there is another way to attack the problem, and that is to run a pure opposition campaign against Nickles to get him out of office when he comes up for re-election, and then let his successor know "who" did it to Nickles.

    Some civil rights leader will probably come up with an idea shortly to connect with GOA and the sports team that is currently being sued by Nickles.
    1. GOA could provides the know-how on how to run the campaign on getting rid of Nickles.
    2. Civil rights people could do the leg-work.
    3. Sports team owner provides the funding, for the simple reason that this person really, really hates Nickles.
    If the campaign is successful, the civil rights group could also let Kerlikowske know "who" it was that sliced Nickles up like a piece of baloney, and then suggest that a similar campaign will be waged against him if he wants to keep up the fight.

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    Regular Member amlevin's Avatar
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    44Brent wrote:
    and then let his successor know "who" did it to Nickles.
    Public disclosure law will let everyone know who is doing it while it happens.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

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    amlevin wrote:
    44Brent wrote:
    and then let his successor know "who" did it to Nickles.
    Public disclosure law will let everyone know who is doing it while it happens.
    Let's see, a bunch of people put up a web site that collections names of people who want Nickle's out of office for failing to fix the Alaskan Viaduct. What "public disclosure" forces the people running the web site to ID themselves?

    A bunch of people hang out banners across freeway overpasses announcing that Nickles's policies cause "global warming"? What "public disclosure" law forces the people on the freeway's to ID themselves and describe their true agenda?

    Answer: there are no such public disclosure, laws, regulations, or processes.

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    44Brent wrote:
    If the campaign is successful, the civil rights group could also let Kerlikowske know "who" it was that sliced Nickles up like a piece of baloney, and then suggest that a similar campaign will be waged against him if he wants to keep up the fight.
    Except for the fact that the chiefs position is a hired position I would love to see it. What it will take to get Kerlikowske out is to get a mayor elected that does not share the same beliefs to running the department as the chief does. This is the main reason chiefs are swapped out.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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