Constitutional Law—Recall of Public Officers: Discretionary Acts Cannot Be a Sufficient Basis for Recall—State ex rel. Citizens Against Mandatory Bussing v. Brooks, 80 Wn. 2d 121, 492 P.2d 536 (1972)

Citizens Against Mandatory Bussing, a corporation composed of voters in Seattle School District No. 1, sought to recall all seven members of the Seattle School Board. As the first step in the recall process, charges against each of the directors were filed with the King County Department of Records and Elections. When the election officials refused to prepare a ballot synopsis, the corporation commenced an action for a writ of mandamus in superior court. That court denied the writ on the ground that none of the charges was legally sufficient to support recall.

On appeal, the Washington Supreme Court reversed in part and remanded. Held: The charges directed at the mandatory bussing plan are insufficient because they alleged only acts within the proper exercise of discretion of the members of the School Board, and thus did not allege acts of misfeasance, malfeasance or a violation of oath of office. The charges not directed at the mandatory bussing plan per se, however, did allege acts that would constitute misfeasance, malfeasance or a violation of oath of office and therefore are legally sufficient. State ex rel.

Citizens Against Mandatory Bussing v. Brooks, 80 Wn. 2d 121, 492 P.2d 536 (1972).