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Tuesday, March 19, 2024
March 19, 2024

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In Our View: Kelley Must Be Ousted

Embattled auditor's refusal to resign should be addressed by state lawmakers

The Columbian
Published:

The case of state auditor Troy Kelley presents Washington with a conundrum that might require a legislative solution.

Three weeks ago, Kelley, a Democrat from Tacoma, was indicted on 10 counts of felony criminal activity by a federal grand jury. Among the charges is that Kelley — a former state representative in his first term as the state’s elected auditor — kept stolen money, lied under oath and evaded taxes. Each of the charges could carry prison time, with the most serious possibly resulting in a sentence of 20 years. It should be noted that the actions leading to the charges largely predated Kelley’s role as auditor and do not appear to be related to his performance in the job.

Still, Kelley finds himself in what is an untenable position for any elected official, let alone one whose job is to be a paragon of trustworthiness. As the “mission and goals” for the auditor’s office declare, “The State Auditor’s Office holds state and local government accountable for the use of public resources. With accountability being the paramount duty of the auditor, Gov. Jay Inslee quickly called for Kelley to resign once the indictment became public. “He should resign immediately,” Inslee announced. “An appointee can restore confidence in the office and assure the public that the Office of the State Auditor will operate at the high standards required of the post.”

That is where the conundrum comes in. While Kelley is innocent until proven guilty, his ability to perform his duties has been diminished. He has refused to resign, has stated a desire to clear his name, and on Monday began a leave of absence. We echo the call from the governor — and from other officials, Republicans and Democrats alike — for Kelley to resign. But given the brazen stubbornness he has demonstrated, that likely amounts to so much howling at the moon and leaves the public only with more time-consuming and costly recourses.

Kelley could be impeached, a process that begins with a member of the state House of Representatives filing a resolution for impeachment and the House’s approving the resolution by majority vote. It then would go to the Senate, which would investigate the charges and could complete the impeachment with a two-thirds majority. Of note: Impeachment has never been carried out in Washington. Kelley also could be removed from office through a recall petition, which would require the collection of enough signatures to place it on the ballot, followed by a statewide vote.

Either impeachment or recall would lead to protracted proceedings that will only deepen the bruise Kelley has placed upon his office. While the need for him to leave the job is clear, it is in the best interest of the public to make it as quick and painless as possible. That is where a legislative proposal from state Reps. Drew Stokesbary, R-Auburn, and Drew MacEwen, R-Union, could play a role. They have proposed a 25-word change to the state’s legal definition of “vacancy” in elected office so that it would apply to Kelley’s leave of absence. The law currently includes death, resignation and felony criminal conviction among the reasons an elected official can be replaced. The new proposal would add “a declared leave of absence” for anything other than military obligations or “medical or health-related reasons.”

The bill has yet to be scheduled for a hearing during the Legislature’s special session, and finding a spot for it amid budget talks could be difficult. But the proposal would provide an avenue for a solution that is preferable to impeachment or to a recall drive.

Kelley has created a mess for Washington. The Legislature would be wise to start cleaning it up.

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