Judge rules effort to recall Svilarich can advance

A Clark County Superior Court judge has advanced efforts to recall a Camas city councilor facing a felony assault charge.

Judge Tsering Cornell presided over a May 1 hearing to determine if charges included in a recall petition against Councilor John Svilarich were legally and factually sufficient. She later ruled that four of the seven charges are able to move forward.

On April 8, 10 Camas voters filed a petition to recall Svilarich from his at-large Camas City Council position.

Svilarich, 67, is facing second-degree felony assault and reckless endangerment charges related to an Aug. 31 incident on the Washougal River Greenway trail in Camas. In court documents, police allege that Svilarich got into an argument with a stranger while walking the Greenway trail, throwing a large rock toward the man from a 50-foot pedestrian bridge and, later, pointing a firearm at him.

The recall petitioners contend the criminal allegations against Svilarich show the councilor violated his oath of office and warrant his removal.

During the May 1 hearing before Cornell, Svilarich argued that the criminal charges against him are unproven and did not occur during the course of his official council duties. He told the judge that he believes the recall petitioners, which include Stephen Dabasinskas, Svilarich’s opponent in the November 2023 election for the Camas council’s at-large seat, initiated the recall efforts for personal and political reasons.

In her ruling, Cornell said the court could not consider these arguments.

“State law prohibits the court from considering the truth of the charges, only allowing review of the sufficiency,” Cornell stated in her opinion. “Svilarich also argued that (the) court should consider the voters’ bad faith motivations in seeking his recall. However, the court does not inquire into the motives of the voters in filing the recall petition.”

Cornell also disputed Svilarich’s contention that, because he was not engaged in official council business on Aug. 31, the charges against him did not occur “in office.”

“It is undisputed that these acts occurred during a time when Councilmember Svilarich was in office as a city of Camas councilmember,” Cornell stated in her opinion. “The terms ‘while in office’ and ‘in office’ refer to the requirement that acts forming the basis of the recall petition must have occurred while Svilarich held the office of councilmember.”

Cornell added that “elected officials can even be recalled for acts committed during a prior term of office.”

The judge ruled that four of the seven charges included in the recall petition are legally and factually sufficient.

Cornell disputed the recall petitioners’ allegations that Svilarich was “dishonest and evasive with law enforcement and that his actions constituted poor judgment and lack of integrity, thereby damaging public trust.”

“Even if true, these charges do not rise to the commission of an unlawful act,” Cornell stated in her ruling.

The recall petitioners also argued during Thursday’s hearing that Svilarich’s alleged actions make him unable to perform his official council duties. They pointed to a Nov. 18 Camas council meeting, during which Svilarich abstained on a vote to send a utility tax supporting new police positions to Camas voters.

Dabasinskas argued that Svilarich had only abstained from the vote after Dabasinskas pointed out the conflict of interest during the council’s public comments period. Svilarich told the judge he abstained from the vote because he believed the council should have passed the utility tax to increase police staffing instead of sending it to the voters.

Cornell ruled that Svilarich “presents a legally cognizable justification for his abstention from the vote.”

The judge corrected a ballot synopsis formulated by the Clark County Prosecuting Attorney’s Office and suggested voters be asked to determine if Svilarich should be recalled from office for malfeasance or for violating his oath of office based upon allegations that he violated laws or his oath “when he displayed and pointed a deadly firearm at another person; and recklessly threw a rock toward another person placing them at substantial risk of death or serious physical injury.”

Svilarich’s criminal case is set for a jury trial in July in Superior Court.

Kelly Moyer: 360-735-4674; [email protected]