BY BRIAN EVERSTINE
The News Tribune

The Pierce County Democratic Party filed a lawsuit Monday afternoon to attempt to block the appointment of the next Pierce County auditor, which is scheduled for this afternoon.

The party had said for weeks that they would seek a court rule to stop the appointment because the process the council used was illegal and that the body repeatedly violated state law while looking for a replacement.

“My hope is that they stop this process,” party chairman Nathe Lawver said Monday evening. “What the County Council is doing is illegal.”

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But members of the council’s Republican majority see no fault in the process they used to search for a replacement for Pat McCarthy, who was elected to county executive in November. Current council chairman Terry Lee, R-Gig Harbor, said he worked with the council’s attorneys and even the county prosecutor’s office to ensure what was done was legal.

“The process we used is the right process, and based on what they feel, the Democratic Party is wasting their time,” Lee said.

The conflict began when McCarthy was elected, leaving her post as Pierce County auditor empty. Under the county charter from when she was elected, the County Council would select a replacement based on a list her party provided. However, voters amended the charter in 2007 to make the position nonpartisan.

The Democratic Party argues the office should stay partisan for this appointment because the choice would replace an auditor who was twice elected as a Democrat. The County Council says they are acting on the will of the voters by considering applicants from both parties.

Last week, a special committee narrowed the list of candidates from 13 to three, one Democrat and two Republicans. Whoever is selected will have to run for a special election in November, and again in 2010, when McCarthy’s term would have expired.

The main argument in the Democratic Party’s lawsuit states that the council illegally changed the county charter through an “emergency resolution” in early December. The charter does not provide for emergency resolutions, Lawver said, and the council is illegally changing rules to fit its agenda.

“This is not something for the County Council to decide. They can’t willy-nilly change the charter using something like the resolution that fits their needs,” Lawver said.

The lawsuit also alleges that the council repeatedly violated the state Open Meetings Act by voting on resolutions that were not published in a public agenda and that the committee meeting last week was held without public notice or public comment.

“They have not been open and forthcoming,” Lawver said.

Lee said that the council needed an emergency resolution in December to quickly fill the empty seat by the next council meeting.

“The only way we could make an appointment (today) was to do an emergency ordinance,” Lee said.

There were no back-room meetings or any attempt to hide the process, Lee said. He is confident the entire process was handled legally.

The council’s attorneys "found the nonpartisan process is the correct process,” Lee said. “We stand behind their judgment and the decision of the voters.”

Lawver said he filed the lawsuit at about 3 p.m. Monday, and gave council members copies. Lee is vacationing in Hawaii, and had not read the lawsuit Monday evening. Roger Bush, a Graham Republican who is expected to be appointed council chairman today, had not seen it either.