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In re Recall of Pearsall-Stipek9/28/2000
Oral Argument Date: 01/11/2000
EN BANC
Dale Washam (Washam) has filed a petition to recall Cathy Pearsall-Stipek (Pearsall-Stipek) from her position as Pierce County Auditor, alleging two substantive charges. The first is that Pearsall- Stipek committed perjury or false swearing by misrepresenting her educational background while under oath on three separate occasions. The second is that she failed to fulfill the duties of her office while conducting the 1997 referendum election relating to a new professional football stadium. The Pierce County Superior Court dismissed the petition, finding all charges factually and legally insufficient, and Washam appealed directly to this court. We find one of Washam's false swearing allegations factually and legally sufficient and, therefore, we reverse on that claim. The trial court is affirmed on all other grounds.
FACTS
On May 18, 1999, Washam filed a recall petition against Pierce County Auditor Cathy Pearsall-Stipek, and on June 4, he filed a supplemental petition. The petition contains two substantive charges. The first is that Pearsall-Stipek committed perjury or false swearing by misrepresenting her educational background on three separate occasions while under oath. The second relates to Pearsall-Stipek's conduct of the 1997 statewide referendum on a new professional football stadium.
The first charge contains three 'counts,' all relating to Pearsall-Stipek's misrepresentation of her educational background. Pearsall-Stipek did not graduate from college; however, she has misrepresented this fact, claiming she received a degree in 1954 from the University of Washington with a concentration in business administration and home economics. An official statement from the University of Washington Registrar indicates she was 'registered for the period 09/50 to 6/52' and that she 'did not declare a major and no degree was awarded.' Clerk's Papers (CP) at 339.
Counts one and three of charge I relate to a discrimination suit brought in 1994 by Sally Riccobono, a former auditor's employee. The first count of charge I is based on the following interrogatory and answer, which was submitted on May 12, 1994:
Interrogatory No. 4: Describe in full the educational background, including the following, for Cathy Pearsall-Stipek:
a. Name of all institutions attended;
b. Dates of attendance at each institution;
c. Whether she graduated;
d. What course of study was pursued . . . .
Answer to Interrogatory No. 4:
Jefferson Kindergarten - Tacoma, Washington
Jefferson Elementary - Tacoma, Washington
Edison Elementary - Tacoma, Washington
Mason Junior High School - Tacoma, Washington
Stadium High School - Tacoma, Washington University of Washington, 1954; bachelor's degree, Business Administration; minor, Home Economics. Do not remember grade point average.
CP at 59-60. Pearsall-Stipek did not sign this interrogatory answer. It was signed by her lawyer in the case who attested under oath that he 'believe{d}' the answers to be true. CP at 312.
The third count of charge I is based on Pearsall-Stipek's testimony given at trial in the same case, the Riccobono lawsuit. On January 3, 1996, shortly after being sworn in as a witness, the following colloquy occurred between Pearsall-Stipek and defense counsel:
Q: Now, following your graduation from Stadium, did you go on to school?
A: Yes, I went on to the University of Washington.
Q: And did you graduate from the University of Washington?
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