Today, Anne Block of Snohomish County filed with the Snohomish County Auditor a RECALL statement to initiate proceedings for the remove of Snohomish County Prosecutor, Mark Roe, for misappropriation of tax money – a violation of law governed by RCW 4.96.010. The charging document states the following:
Snohomish County Auditor January 29, 2015 3000 Rockefeller Avenue Everett, WA 98201
NOW COMES, Snohomish County residents and registered voters Anne Block and Noel Frederick pursuant to Wash. Const. Art. 1, Sections 33-34 and RCW 29A.56.110, seeking the recall and discharge of Snohomish County Prosecutor Mark Roe who has committed an act or acts of misfeasance, or an act or acts of malfeasance while in office, or has violated the oath of office and should be recalled from office for the foregoing reasons
At all times relevant to this Recall Petition, Mark Roe was and still is a public official duly sworn in to uphold the laws of Washington. Mark Roe is currently serving as Snohomish County Prosecutor.
Snohomish County Executive employee Kevin Hulten was exposed by two Snohomish County reporters from the Snohomish County Daily Herald on February 14, 2014, for harassing Snohomish County resident and taxpayer Anne Block. Snohomish County Executive Aaron Reardon resigned as a result, and Snohomish County executive employee Kevin Hulten was terminated from Snohomish County employment for misconduct. His claim for unemployment was denied as a result of his misconduct. In March 2014, the Snohomish County council ordered the criminal investigation as outlined by the Snohomish County Daily Herald’s article “Reardon’s Office linked to harassment” to the King County Major Crimes Unit. Kevin Hulten’s county computers and cell phone were transferred to King County Major Crimes Unit for forensic inspection. According to King County’s Major Crimes Unit, Kevin Hulten used a “wiping program” and destroyed evidence. Upon completion of its investigation, King County Major Crimes Unit transferred its criminal investigation to Skagit County for possible prosecution. Skagit County brought criminal evidence tampering charges against Kevin Hulten, and Kevin Hulten plead GUILTY in an open public court located in Arlington, Washington, to criminal evidence tampering on July 7, 2014.
In August 2014, Snohomish County Prosecutor Mark Roe violated RCW 4.96.010 when he allocated and entered into an agreement using Snohomish County taxpayer monies to fund a convicted criminal and former Snohomish County Executive employee Kevin Hulten.
RCW 4.96.010 in pertinent part prohibits use of taxpayer funds for conduct outside of the employee’s official duties and states the following:
Tortious conduct of local governmental entities — Liability for damages. (1) All local governmental entities, whether acting in a governmental or proprietary capacity, shall be liable for damages arising out of their tortious conduct, or the tortious conduct of their past or present officers, employees, or volunteers while performing or in good faith purporting to perform their official duties, to the same extent as if they were a private person or corporation.
Filing a claim for damages within the time allowed by law shall be a condition precedent to the commencement of any action claiming damages. The laws specifying the content for such claims shall be liberally construed so that substantial compliance therewith will be deemed satisfactory.
To the effect that the criminal activities (of named persons) were neither part of their official duties nor were actions in good faith, the Snohomish County Prosecutor is well aware that providing legal counsel at the taxpayers’ expense is outside of the scope of RCW 4.96.010.
I certify and swear, under oath, that the facts set forth in this statement are true and correct and I believe the charges to be true and have knowledge of the facts upon which the stated recall grounds are based. Submitted this 29th day of January 2015.
Anne Block Noel Frederick
313 Shelby St 313 Shelby St
Gold Bar, WA 98251 Gold Bar, WA 98251