WA Supreme Court rules on Richland school board recall
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Richland School Board Recall Effort
A high-profile group of voters filed to recall board members Semi Bird, Audra Byrd and Kari Williams after their controversial vote to make face masks optional.
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An effort to recall three Richland School Board members can move forward, the Washington Supreme Court ruled Thursday.
An order from Chief Justice Steven Gonzalez found that four of the recall charges against the board members were “factually and legally sufficient.”
That means the group calling for the removal of Semi Bird, Audra Byrd and Kari Williams from office can begin collecting signatures next week.
The trio voted nearly a year ago to defy Washington state’s indoor mask mandate and allow students and employees to go “mask optional” in Richland schools.
This latest order is the third time the charges of misfeasance and malfeasance have passed the scrutiny of a court. They were previously reviewed twice by Benton County Superior Court Judge Norma Rodriguez.
However, the court determines only if the charges meet the state’s standard for recall. The Supreme Court justices did not decide if the school board members are guilty of the allegations — that’s for the voters to decide.
The nine justices did not hear oral arguments. They reviewed the briefs written by attorneys from both sides, as well as looked at Judge Rodriguez’s decision to allow the recall to move ahead.
The court ultimately upheld most of the charges approved by Rodriguez. In the coming days, a full detailed opinion will be posted by the Supreme Court giving their analysis.
Here is a summary of the four charges the high court found can be put on a ballot if enough signatures are collected:
- Violated the Open Public Meetings Act by voting at a special meeting taking final action on a matter, to wit: masking optional, that had not been included in the published public meeting agenda.
Voted to make masks at school optional, in knowing violation of the law and in excess of the powers of a school board, even after warnings from the state and from legal counsel.
Exceeded their power and responsibilities as school board members by establishing public health policies and making masks optional.
- Violated district policies and procedures by failing to assure compliance with law and policy.
“The law in Washington is what the Supreme Court says it is,” said Jerry Moberg, attorney for the three school board members. “I respect the Supreme Court, I respect the judges. I think they did a good job. I have often disagreed with their rulings, in particular when I was on the opposite side of the case.”
Moberg said they will weigh their options once the full opinion has been published.
What comes next
Brian Brendel, with the Richland School Board Recall campaign, said Benton County’s prosecutor and auditor will review ballot synopsis language again before they print out the pages for signature gathering.
The group will have until early May to collect enough signatures, Brendel said. They’re aiming to have the recall on the August primary ballot.
To be eligible to sign on the petition, registered voters must live within the Richland School District boundaries.
“We’re not sure if people are still upset or if they’ve moved on. We’ll find out,” Brendel told the Tri-City Herald. “(The ruling) demonstrates what we’ve known all along — that they violated their oath and ethics of office, and conducted themselves in a manner in effect of misfeasance and malfeasance while in office. It has nothing to do with conservative or liberal. It’s simply that they broke the law.”
Doug McKinley, Brendel’s attorney, called on the three board members to “step down” immediately to save Richland taxpayers money.
Mask-optional vote
Semi Bird and Audra Byrd were elected to the Richland board in November 2021 as part of a wave of conservative candidates upset over the issue of COVID vaccines, face masks and other issues.
Those issues served as a division line among parents in the community — some believed that masks did more harm than good for students, while other parents remained cautious about the spread of the COVID-19 virus.
In August 2021, Gov. Jay Inslee reinstated an indoor-mask mandate just as the Delta variant brought about the latest wave of infections and hospitalizations. Students, teachers and staff around Washington state began classes that fall, requiring face masks, testing and a timetable to vaccinate all teachers and staff.
After Byrd failed to get a motion passed to go mask optional on Feb. 8, 2022, Bird texted Williams that he thought they should move forward with the motion.
At a special meeting on Feb. 15 — following a lengthy executive session — the Richland School Board approved a surprise, split vote to “go to mask choice.”
The vote forced Superintendent Shelley Redinger to close schools for two days while district leadership considered the legal ramifications.
Due to the seemingly ambiguous nature of the agenda item, a lawsuit was filed against the board and school district alleging violations to the state’s Open Public Meetings Act. The district ended up settling the lawsuit, paying $5,000 and underwent additional training on the law.
This story was originally published February 9, 2023 at 4:04 PM with the headline "WA Supreme Court rules on Richland school board recall."
