Plain residents contest results of Lake Wenatchee Fire bond passage

CHELAN COUNTY — Four Plain residents are contesting the results of Lake Wenatchee Fire and Rescue’s (LWFR) $15 million bond proposal, which received voter approval in the Aug. 5 special election. 

LWFR plans to use the bond proceeds to fund upgrades to existing stations and construct new facilities, such as a new station and emergency operations center on its Hill Street property. The measure surpassed the required 60 percent threshold by just four votes, receiving 512 votes in favor and 335 against, according to the Chelan County Auditor’s certified results.

Plaintiffs Mike and Laurie Aholt, William E. Burgess, and Wayne Rayfield allege that LWFR violated election procedures and the Open Public Meetings Act (OPMA) in the months leading up to the election. Their lawsuit, filed Sept. 24 in Chelan County Superior Court, argues that these violations prevented an opposition statement from appearing in the voters’ pamphlet – a factor they say could have influenced the outcome of the election.

Under RCW 29A.32.280, local governing bodies submitting measures, such as fire districts, must appoint committees to write both “for” and “against” statements for the voters’ pamphlet if possible. If they fail to do so, the county auditor must publish a media release seeking volunteers. When no opposition committee forms, the pamphlet may note, “No committee could be found.”

The plaintiffs claim LWFR failed to contact residents known to oppose the construction projects the bond would fund, despite having received written objections as early as 2018. They also contend that the auditor did not publish a media release until four days before the final deadline for statement submissions.

The suit also claims that LWFR violated the OPMA by not giving proper notice or details for the April 23 special meeting, during which LWFR passed resolutions placing the bond measure on the ballot and forming “for” and “against” committees (which, in this case, was only “for”). As a result, the suit argues those resolutions – and by extension, the measure itself – are “null and void.”

The fire district filed a Motion to Dismiss, arguing that state law does not allow elections to be challenged or overturned based on OPMA violations or the omission of an “against” statement on the voter pamphlet. The motion also pointed to measures from Chelan County Fire Districts 5 and 6; both appeared on the same ballot, and neither had “against” statements. Additionally, LWFR argued that the facts alleged failed to articulate any wrongdoing or neglect by the district.

The judge denied the motion during a hearing on Oct.16, as the court “found there were issues in regards to the alleged violations of RCW 29A.32.280 and the case should proceed to trial.”

In subsequent documents, LWFR maintained that they followed proper procedure, and argued that the evidence presented showed the election process was fair and well-publicized. The district also stated that a community member was asked to serve on the “con” committee at a prior public meeting, but declined.

The judge is scheduled to issue an oral decision on Oct. 30.

Taylor Caldwell: 509-433-7276 or taylor@ward.media