Washam's Law
WHAT YOU NEED TO KNOW

The tenure of Dale Washam, Pierce County Assessor-Treasurer, has turned a minor government office into a fountain of perpetual controversy: six independent investigations; five claims for damages; a recall campaign; charges of violating the county ethics code; and a resolution from the Pierce County Council that declares no confidence in Washam and asks him to resign..

The investigations state that Washam retaliated against his employees, violated their rights, wasted government resources, abused his power and hindered the inquiries. Costs of those investigations and other legal matters tied to Washam's office exceed $412,000. The county has settled the damage claims for a collective total of $1.13 million.

DALE WASHAM TOP STORY
Dale Washam's official portrait hangs on the wall at the Pierce County assessor-treasurer's office. (Office of the Pierce County Assessor-Treasurer)

Washam finds one last argument - over Pierce County foreclosure auction

The final days of his term have dwindled to single digits, but Pierce County Assessor-Treasurer Dale Washam is still arguing.

TRUTH & RUMORS

The controversies surrounding Washam have prompted spirited debates, claims and counterclaims, some true, some false. Here's the breakdown:

Show Rumors ◄

Q: Does Pierce County have to pay Washam's legal costs for the recall?

A: It's not automatic. The county (meaning the county council) can say no.

The process is spelled out in detail in chapter 2.120 of the county code, which governs liability for county officers and employees. The code does not specifically cite recall actions, but it states that the county council "may, in its discretion, provide for the defense of its officers."

The discretion cuts both ways. The county officer has to ask for it. The asking includes a promise: the county officer has to agree to accept legal advice.

Whether the county agrees to pay is up to the executive and/or the prosecuting attorney or the council. The precise circumstances provide the road map for approval.

County leaders can refuse to pay such costs. Past recall actions by Washam provide a precedent.

Washam tried to recall former county auditor Cathy Pearsall-Stipek four times between 1995 and 1999. Three times, the county paid the legal bill after courts found the recall petitions insufficent. On the fourth occasion, when the recall charges revolved around Pearsall-Stipek's false statements in court, the recall petition was ultimately approved, and the county declined to pay the bill.

Washam also tried to recall former assessor-treasurer Ken Madsen in 2005. That petition was rejected. The county paid Madsen's legal costs.

Washam has asked the county for reimbursement of his legal expenses tied to the recall. The county council has not considered the request yet.

Q: How many signatures are required to put the recall election on the ballot?

A: 65,495, according to county auditor Julie Anderson. The number represents 25 percent of the ballots cast for candidates in the 2008 election won by Washam.

The math is spelled out in state election law, RCW 29A.56.180. Relevant excerpt:

"The number of signatures required shall be as follows:

(1) In the case of a state officer, an officer of a city of the first class, a member of a school board in a city of the first class, or a county officer of a county with a population of forty thousand or more -- signatures of legal voters equal to twenty-five percent of the total number of votes cast for all candidates for the office to which the officer whose recall is demanded was elected at the preceding election."

Washam was elected in a year when Pierce County briefly used a ranked-choice voting system. Here's the auditor's statement explaining the calculation of required signatures:

"The actual number is 65,495. When calculating the threshold, we do not count ‘over votes' or ‘under votes.' The RCW states that we calculate using the votes for ‘candidates.' Over and under votes are not votes for candidates. The Secretary of State's Office concurs with this interpretation.

Rumor: Recall petitioner Robin Farris is related to former Pierce County Council candidate Kathy Farris, and/or has connections to Olympia lobbyists named Farris. (Source: anonymous online comments in TNT stories)

Reality: Robin Farris is no relation to Kathy Farris.1 A search of state Public Disclosure Commission records from 2008 to the present found no registered lobbyists in Olympia with the last name of Farris.


1 Source: Richard Farris, DVM, Kathy's husband, who carries the family name and owns a veterinary clinic in Puyallup.

Rumor: The TNT is going after Washam because he raised their property taxes.

Reality: The News Tribune's property taxes have dropped during Washam's tenure.

There are two properties in question. Both are owned by McClatchy, the TNT's corporate parent. The tax records appear on the assessor's website.

The first parcel is no 4425001165, for real property. Assessed values over the last three years:

  • 2008 – $18.2 million
  • 2009 – $18.2 million
  • 2010 – $25.9 million

At first glance, it's a big jump, almost $8 million. The number fuels the rumor. The records show the TNT paid roughly $211,756 in property taxes on the parcel in 2009, then $306,481 in 2010.

The increase is a reflection, an accounting echo. The mirror image appears in the TNT's second parcel, no. 2009288000, for personal property (including machinery and equipment).

Assessed values over the last three years:

  • 2008 – $9.9 million
  • 2009 – $9 million
  • 2010 – $1.05 million

A big drop, almost $8 million. The records show the TNT paid $104,641 in property taxes on the second parcel in 2009, and $18,176 in 2010.

The change reflects a shift in billing practices, nothing more.

"The state has shifted how property such as machinery and equipment is taxed. The values have shifted from personal property to real property," said Kenny Hubach, the TNT's vice president of finance.

Overall: a wash. Combined assessed values for the two parcels over the last three years reveal a moderate decrease:

  • 2008 – $28.1 million
  • 2009 – $27.2 million
  • 2010 – $26.95 million

Combined property taxes paid by the TNT for both parcels:

  • 2008 – $345,062
    (Washam takes office in 2009)
  • 2009 – $316,397
  • 2010 – $324,657

Rumor: Pierce County prosecutor Mark Lindquist handled the 2009 criminal prosecution of former Superior Court Judge Michael Hecht.

Reality: The state attorney general's office handled the Hecht prosecution. The rumor came from Albert Ugas, Washam's chief deputy, and Dan Fishburn, a Sumner resident who joined Ugas in a failed attempt to recall Lindquist.

In the recall matter, Ugas and Fishburn objected to the presence of visiting Judge James Cayce, who also presided over the Hecht case. Ugas and Fishburn said Cayce had a conflict of interest because he had supposedly worked with Lindquist during the Hecht case. In reality, Cayce had never met Lindquist.

Dale Washam HEADLINES
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Published November 21st, 2012 - 3:58PM
The effort to recall Pierce County Assessor-Treasurer Dale Washam ran aground long ago, but a lingering court battle continues to create complications for future recall attempts.
Published October 17th, 2012 - 10:09AM
The Pierce County Council took action Tuesday spelling out that elected and appointed officials cannot retaliate against any of the county’s 3,000-some employees when they make a complaint or cooperate in an investigation.
Published September 29th, 2012 - 8:19PM
The anybody-but-Washam contest ended in August. Now it’s the who-are-you race for Pierce County assessor-treasurer.
Published August 7th, 2012 - 9:50PM
He's survived turmoil, lawsuits and a recall attempt. But running fourth in a five-person primary, embattled Pierce County Assessor-Treasurer Dale Washam is on his way out.
Published July 24th, 2012 - 8:59PM
Four out of five candidates for Pierce County assessor-treasurer agree on one thing: The incumbent needs to go. The incumbent, Dale Washam, disagrees.
Published July 12th, 2012 - 6:39PM
It took two hours Wednesday to get Pierce County Assessor-Treasurer Dale Washam to say one word: “Yes.”
Published July 10th, 2012 - 7:17AM
Pierce County prosecutors and state tax collectors sent county Assessor-Treasurer Dale Washam a stern message Monday: Do your job.
Published July 10th, 2012 - 9:55PM
Pierce County Council members were ready to hand Assessor-Treasurer Dale Washam more money Tuesday, but Washam said he didn’t need it.
Published July 6th, 2012 - 8:19PM
Barring a last-minute reprieve, Pierce County leaders will take Assessor-Treasurer Dale Washam to court Monday in an effort to make him do his job.

INVESTIGATIONS

Summary

Three independent county investigations found that Washam retaliated against employees, wasted government resources, abused his power and violated county policy by refusing to cooperate with investigators.

Two additional investigations spurred by Washam's deputy, Albert Ugas, found that employees broke no laws, and that there was no conspiracy to discredit Washam. One active investigation remains: an inquiry by the U.S. Department of Justice into possible civil rights violations at Washam's office. Here's the breakdown:

Show Investigations ◄
Investigation 1
Type EEO complaint
Investigator Diane Hess Taylor
Complainant Sally Barnes, administrative officer
Filing date 3-11-09
Charges Retaliation, age discrimination, sex discrimination by Washam
Findings  
  • Retaliation by Washam against Barnes (for filing complaint)
  • Violation of county policy by refusing to cooperate with investigation (Washam, Borck)
  • No age or gender discrimination
Cost $18,711
Documents Investigation (Taylor)
Investigation 2
Type Whistleblower complaint
Investigator Deborah Diamond
Complainant Albert Ugas, deputy assessor-treasurer
Filing date 11-30-09
Charges Improper governmental action by Sally Barnes
Findings  
  • Barnes did not violate state law ("Ms. Barnes obeyed what she had been assured were the lawful orders of her superiors." – p. 37)
  • Barnes did not commit perjury in separate court actions
  • Madsen's administration used statistical models to revalue some properties, in violation of state law
Cost $18,413
Documents Investigation (Diamond)
Investigation 3
Type Improper governmental conduct
Investigator Kent Nakamura
Complainant Six unidentified employees
Filing dates 8-17-09, 8-18-09, 8-26-09, 9-16-09, 9-23-09, 10-20-09
Charges Abuse of authority, retaliation, gross waste of public funds, violation of state/federal law or county ordinance (all by Washam)
Findings  
  • Violation (by Washam) of county code and state and federal EEO laws
  • Retaliation, abuse of authority
  • Waste of public funds
Cost $14,228.05
Documents Investigation (Nakamura)
Investigation 4
Type EEO complaint
Investigator Donald Heyrich
Complainant Four unidentified employees
Filing dates 8-10-09, 8-18-09, 8-26-09, 1-5-10, 3-5-10
Charges Retaliation by Washam
Findings  
  • Retaliation by Washam against one employee
  • Refusal to participate in investigation
Cost $15,818.50
Documents Investigation (Heyrich)
Investigation 5
Type Improper governmental action
Investigator Jim Webber
Complainant Albert Ugas, deputy assessor-treasurer
Filing date 6-25-10
Charges Harassment of Washam by county human resources department, conspiracy with employee union by HR, manipulation of investigative findings by HR, denial of access to public records
Findings  
  • All charges unfounded
Cost $5,869.50
Documents Investigation (Heyrich)
Investigation 6
Type Civil-rights violations
Investigator Sonia Sacks, U.S. Department of Justice
Complainant Sally Barnes
Filing date 8-17-11
Charges Retaliation by Washam against employee
Findings Unknown (still active)
  • All charges unfounded
Cost Unknown (no local cost)
Other The federal inquiry follows a Jan. 2011 finding by the U.S. Equal Employment Opportunity Commission that Washam retaliated against Barnes.
DAMAGE CLAIMS

Summary

Five current and former employees filed damage claims with Pierce County, claiming mistreatment by Washam. The claims sought a collective total of $5 million in damages. The county settled the claims for a collective $1.13 million. Here's the breakdown:

Show Claims ◄
Claim 1
Employee Mark Williams
Filing date 10-14-10
Charges Violation of rights, defamation, retaliation
Amount sought $750,000
Williams' current status Williams, a former appraiser who worked for the assessor-treasurer's office for 20 years, resigned in December 2010. He accepted a new position as an aide to Pierce County Councilman Rick Talbert
Outcome Settled for $79,495 on 3-30-11
Documents Mark Williams tort claim
Claim 2
Employee Jim Hall
Filing date 11-4-10
Charges Defamation, retaliation, wrongful demotion
Amount sought $800,000 – $1.2 million
Hall's current status Hall, a former high-ranking appraiser, continues to work at the assessor's office. He has been demoted from a supervisory position to an entry-level appraiser.
Outcome Settled for $300,000 on 3-28-12
Documents Jim Hall tort claim
Claim 3
Employee Shellie Pollitt
Filing date 1-4-11
Charges Defamation, retaliation, wrongful demotion
Amount sought $500,000 – $800,000
Pollitt's current status Pollitt, formerly a high-ranking residential appraiser, continues to work at the assessor's office.
Outcome Settled for $200,000 on 12-23-11
Documents Shellie Pollitt tort claim
Claim 4
Employee Sally Barnes
Filing date 1-4-11
Charges Defamation, retaliation, wrongful demotion
Amount sought $800,000 – $1.5 million
Barnes' current status Barnes, a 30-year employee of the assessor's office and former administrative officer, resigned from the assessor-treasurer's office in March 2010, citing intolerable working conditions.
Outcome Settled for $400,000 on 3-28-12
Documents Sally Barnes tort claim
Claim 5
Employee Cindy O'Neill
Filing date 4-22-11
Charges Retaliation, mistreatment
Amount sought $500,000 – $800,000
O'Neil's current status O'Neil, a former project manager and 25-year employee, was laid off in December 2009.
Outcome Settled for $150,000 on 3-28-12
RECALLS

Puyallup resident Robin Farris filed a recall petition on Oct. 29, 2010, seeking to oust Washam from office. On Dec. 16, 2010, Pierce County Superior Court Judge Thomas Felnagle ruled that five of six charges against Washam met the standards of legal and factual sufficiency.

Washam appealed that ruling to the state Supreme Court. On March 4, the state Supreme Court approved the recall petition, setting the stage for a signature-gathering drive and a possible special election.

Farris and her supporters gathered 64,387 signatures by Sept. 1, 2011. That wasn't enough. The required threshold was 65,495. Recall backers came up short by 1,108 votes.

Show Recalls ◄
Documents Farris recall petition
Washam's opening brief
Appendices to opening brief
Ferris reply brief
Washam reply brief
Supreme Court order

Albert Ugas, Washam's chief deputy, filed a separate recall petition on Oct. 29, 2010, aimed at Pierce County prosecutor Mark Lindquist. The petition, filed a few days before the November elections, accused Lindquist of obstructing justice by refusing to support Washam's repeated calls for an investigation of actions taken by Ken Madsen, Washam's predecessor in office.

Superior Court Judge James Cayce threw the petition out of court on Nov. 16, 2010, calling it frivolous. In a subsequent hearing, Cayce ruled that Ugas and his co-petitioner, Dan Fishburn, owed Lindquist $50,000 in attorney fees. Ugas appealed both rulings to the state Supreme Court.

The Supreme Court also rejected Ugas's petition, and reaffirmed the ruling regarding attorney fees. The additional fees tied to the appeal meant Ugas and Fishburn owed Lindquist $84,000.

WASHAM'S ARGUMENT

Washam argues that his predecessor, Ken Madsen, forged and falsified county property assessment records by relying on statistical models to revalue certain properties, rather than the physical inspections required by state law.

Washam tried to recall Madsen on that basis in 2005. Madsen admitted the practice in open court, but a judge threw the petition out of court, ruling that Madsen had a "legally cognizable justification" for his actions. Washam did not appeal the decision.

Show Argument ◄

Since taking office in 2009, Washam has resurrected the argument, repeatedly demanding a criminal investigation of Madsen's administration and employees who were involved. Numerous local and state officials, including two county prosecutors, the county sheriff, attorney general, the state Department of Revenue and the governor, have told him an investigation is unnecessary. A county performance audit found that the only harm to taxpayers was lower taxes. Washam disagrees. He argues that his actions against employees are justified by his efforts to expose wrongdoing.

Documents Madsen 05 ruling
Madsen 05 verbatim
WASHAM TIMELINE

June 30, 1938 – Richard Dale Washam born.

Feb. 17, 1956 – Washam marries Dorothy “Dottie” Michaels in Kitsap County. Four children follow.

1956-60 – Washam serves in U.S. Air Force.

1960-63 – Washam says he worked at a Tradewell grocery store and rose to assistant manager.

1963-70 – Washam works for Overall Cleaning and Supply Co., Seattle.

1969-70 – Washam obtains associate’s degree in arts and sciences at Fort Steilacoom Community College (later known as Pierce College).

1970-72 – Washam starts and operates a dry-cleaning business in Lakewood.

1972-73 – Washam works several jobs, selling tires, RVs and trailers.

1974 – Washam hired as a pharmaceutical salesman by Diamond Laboratories Inc.

1975 – Washam begins relationship with Spokane resident Ramona Pinto.

1980 – Washam fired by Diamond after a dispute over compensation and job duties.

1981 – Washam files discrimination complaint against Diamond with state Human Rights Commission. The complaint is dismissed.

1982 – Washam sues Diamond for wrongful termination.

1987 – Ramona Pinto files anti-harassment petition against Washam.

1987 – Washam loses his employment suit against Diamond.


CONTESTS