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Connie LaRue

1045 Kitt-Narcisse Rd
Colville, Washington 99114

TO: WASHINGTON STATE BAR ASSOCIATION


USPS Cert. Mail 7011 350000018625 5615
TO: SUPREME COURT OF THE STATE OF WASHINGTON
USPS Cert. Mail 7011 35000001 8625 5592

SECOND COMPLAINT FOR DISBARMENT AND REFERRAL FOR PROSECUTION

OF NICHOLAS ANDREW FORCE, WSBA #37659 FOR

CRIMINAL IMPERSONATION OF AN ELECTIONS CANVASSING BOARD MEMBER,

AND VIOLATING HIS SWORN OATH OF ATIORNEY

Connie LaRue, Complainant, relies on the following relevant facts in making this complaint.

FACTS:

1.

Evidence obtained through public records requests establish that:


a. NICHOLAS ANDREW FORCE, WSBA #37659, (herein after FORCE) was
"appointed" a DEPUTY PROSECUTOR by TIMOTHY RASMUSSEN, WSBA #32105,
(herein after RASMUSSEN), "STEVENS COUNTY PROSECUTOR". (See EXHIBIT
PACKAGE for all relevant evidentiary documents.)
1

b. No evidence exists on the official public record that RASMUSSEN has ever "duly
qualijied2" - in compliance with state law 3 - to occupy the office of STEVENS
4
COUNTY PROSECUTOR and thus remains a criminal usurper in that Office.

MAXIM "What does not appear does not exist".

2 Black's Law 6th Edition states: "Duly Qualified" - Being "duly qualified" to fill an office, in the constitutional sense

and in the ordinary acceptation of the words, means that the officer shall possess every qualification; that he shall
in all respects comply with every requisite before entering on duties of the office; and that he shall be bound by
oath or affirmation to support the Constitution, and to perform the duties of the office with fidelity. Black's Law
Dictionary 6th Edition.
RCW 42.20.030 (in relevant part) - Intrusion into and refusal to surrender public office. Every person who shall
falsely personate or represent any public officer, ... or who shall willfully exercise any of the functions or perform
any of the duties of such officer, without having duly qualified therefore, as required by law, ... shall be guilty of a
gross misdemeanor.

SECOND COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of NICHOLAS FORCE

Page 1 of 4

c. FORCE did not subscribe an oath of office to serve as a STEVENS COUNTY


DEPUTY PROSECUTOR. (Public records response from Matthew Ensler, WSBA
#38105.)
d. FORCE was "Delegated" by RASMUSSEN to serve on the 2014 STEVENS COUNTY
ELECTION CANVASSING BOARD because RASMUSSEN was running for re-election.
e. FORCE, as a "member" of the STEVENS COUI\JTY Elections Canvassing Board
Delegated by the "county prosecuting attorney", was required, but failed, to

"take an Oath of Office similar to that taken by county auditors and deputy
auditors in the performance of their duties", per RCW 29A.60.140. (See GRAY's
reply to a public records request where he stated "/ have no record of a Oath of
Office for the three Stevens County Elections Canvassing Board members for the
2010,2012 or 2014 election cycles.")
f.

2.

The penalty for such a violation is prescribed within the Elections Title 29A
specifically under "Canvassing, Officers -- Violations generally" in RCW
5
29A.84.720 .

Evidence obtained through public records requests establish that:


a. JACKIE I\JOBLE, (herein after NOBLE), was "appointed" a DEPUTY AUDITOR by
TIM GRAY, (herein after GRAY).
b. GRAY also "Delegated" NOBLE to serve on the STEVENS COUNTY Elections
Canvassing Board for the 2014 STEVENS COUNTY Election Cycle.
c.

l\Jo evidence exists on the official public record that GRAY has ever timell "duly
qualified" - in compliance with state law - to occupy the office of STEVENS

liThe fact that the candidate is qualified at the time of his election is not sufficient to entitle him to hold the office
if, at the time of his commencement to his term of office, or during the continuance of the term, he ceases to be
qualified. Eligibility to public office is of a continuing nature, and must subsist at the commencement of the term,
and during the occupancy of the office." Washington Attorney General Opinion - AGO 63-64, no. 17.

5 RCW 29A.84.720 Officers - Violations generally, reads as follows: "Every person charged with the performance
of any duty under the provisions of any law of this state relating to elections, including primaries, or the provisions
of any charter or ordinance of any city or town of this state relating to elections who willfully neglects or refuses to
perform such duty, or who, in the performance of such duty, or in his or her official capacity, knowingly or
fraudulently violates any of the provisions of law relating to such duty, is guilty of a class C felony punishable under
RCW9A.20.021 and shall forfeit his or her office."

RCW 36.16.040 Oath of office. "Every person elected to county office shall before he or she enters upon the duties
of his or her office take and subscribe an oath or affirmation that he or she will faithfully and impartially discharge

SECOND COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of NICHOLAS FORCE

Page 2 of 4

COUNTY AUDITOR and thus remains a criminal usurper in that Office. (See
footnotes I, 2, 3, 4 & 6 herein).
d. NOBLE did not subscribe and filed an oath of office to serve as a STEVENS
COUNTY DEPUTY AUDITOR.
e. NOBLE did not subscribe and file an Oath of Office to serve on the 2014 STEVENS
COUNTY Elections Canvassing Board. (See footnote 5 herein)

3.

Evidence obtained through public records requests establish that:


a. The third Member of the 2014 Elections Canvassing Board is STEVEN PARKER
(herein after PARKER), who has been notified of his failure to "duly qualify" for
the elective office of STEVENS COUNTY COMMISSIONER. (See enclosed NOTICE
OF NON-COMPLIANCE WITH STATE LAW, NOTICE OF VACANCY OF OFFICE and
Directive to Answer to the People from the People's Oversight Commission).
b. No evidence exists on the official public record that PARKER has ever timely
"duly qualified" - in compliance with state law - to occupy the office of STEVENS
COUNTY COMMISSIONER and thus remains a criminal usurper in that Office. (See
footnotes I, 2,3,4 & 6 herein).
c. PARKER did not subscribe an Oath of Office to serve on the 2014 STEVENS
COUNTY Elections Canvassing Board. (See footnote 5 herein)

4.

FORCE is a WASHINGTON BAR MEMBER #37659 who has falsely represented himself
as a STEVENS COUNTY DEPUTY PROSECUTOR.

5.

FORCE has falsely represented himself as a duly-qualified CANVASSING BOARD


MEMBER in STEVENS COUNTY for the 2014 election cycle which is a Class C felony
per RCW 9A.20.021.

6.

FORCE should be disbarred for violating the election laws of the State of Washington
and his Oath of Attorney.

7.

Complainant Connie LaRue was a candidate for the public office of STEVENS COUNTY
CORONER during the 2014 election cycle and has a right to make a record and
challenge the validity of the 2014 STEVENS COUNTY Primary and General Elections
based upon the felonious actions of FORCE, NOBLE and PARKER.

the duties of his or her office to the best of his or her ability. This oath, or affirmation, shall be administered and
certified by an officer authorized to administer oaths, without charge therefor.
H

SECOND COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of NICHOLAS FORCE

Page 3 of 4

I declare that the foregoing facts are true and correct to the best of my knowledge,
understanding and belief.

Further I sayeth naught.

All Rights Reserved

Connie LaRue, Affiant

JURAT

Washington State
Stevens County

{2>4j2L 11

}
} ss.

nJ f..Iq.;I,

I,
a Washington Notary Public, do certify that Connie LaRue
appeared before me and swears under penalty of perjury that the foregoing is true and correct
to the best of her knowledge, understanding and belief.

SECOND COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of NICHOLAS FORCE

Page 4 of 4

No evidence of being FILED


according to state law. Must
contain an Auditor File
Number and evidence of fee
paid.

STEVENS COUNTY PROSECUTING


ATTORNEY

State of Washington

County of Stevens

) ss
)

CERTIFICATE OF APPOINTMENT

I, Tim Rasmussen, Prosecuting Attorney of Stevens County, State of Washington,


having special confidence in Nicholas Force, do hereby constitute and appoint Nicholas
Force Deputy Prosecutor of said County, State of Washington, until revoked by me,
which appointment shall thereafter cease and be null and void.
IN TESTIMONY WHEREOF, I have hereunto set my hand this 31 day of
December 2014.

Tim Rasmussen
Stevens County Prosecutor

,r,
"

,"

;.":

OFFICE OF TliE PROSEcunNG AlTORNEY


STEVENS COONrf
215 S. 00. Stt6eI. Room "14
Co/villo. WA 99114

'.-.;

i: ""C

:&

Re: Pub1;c R<C<I<dJ Act

Rcq"~ R:

Oolll of Office of Dq>0ly Pr=I'"

~'oree

DeaTM. . .
I .... iD recelpI ofl"'"" orn.o;l, &<rlt 0cI0ber 24. 2014.....uesbn& in_;oo "'l:a'd;o& <he
Oolll ofomce ofD<poly I'msccuror Nichol.. A. F<>I'l:e. No Oalh ofOffie< fot Mr, F""'"
is QIl file in eilhet \ht _"""" om"" or th' Audilo". Office. I h>v. \>>l obl.1Q
\oeal. Mf. F"",,', Catifio:ue of Appo;ot<>enl. !he orilinal ;, "" iii. ;n lbe Aodito.-"
Office, and. COp)' on file Q/l the 1'rooeco1o". Office, I .. <>uId be Ilowl' ld pn-id< roo
"",,y of cilhet ofl!><oc t'OCOf'ds iflhio is "'hal )"" arc rcq-nnJ:, pica$< 1.. me know. Mf
Fon>< h:ts not ....et "" 03lh of offie<: pur=110 being deputy fOf!he SI.,..". County
I'IwecutOt.
1<= 001)' I"""i<le <be <OCOrds as !hey e<iSl, a:sd "ill """
=nuf""'..... or =10 be m>rmfa<:tured. ol'Olnl all""' ""lu.... 1 will be b>wY 10
pl,,"'l")'OU "'y publi" <OCOrds )'0\' tOC[UO>t, <h>I do "";...

om"",

As I "'" 001 joor attorney, I "'" unable 10 pro,ide y"" Iogol.d"ie< <X legal iDI~01I,
p"'r>UOlllld !be Roles "f!'rt>f~ Coodoc<, Bonamy ". ",'t)' oj!kolil. '12 W,,-App 40J

l,ims,,,,,,,,,

{19981.,d
Lod""burg, 136 W",2d S9S (1998), Fu..h.... Mr. Gr.ty, ... ""...
Ia..",", is DO< p<ITII;tt<d 10 prm-ido Itpl ><I'ice, .. !Nt WOIdd be "",UIh<>oi~ pr.>otic<oI"

!l<;ood wIl3t 1 11>.,'. olf.".".,. obo''e, I did 1>01 """. ""l""" for ""y olhor ~ i. l"'"
....,"'I"".. ence. If! om ;. cn<r, please
me in id<nti1);ng <he records Y"" are
t"lue>ting. I 'MIl >oli""" 10 wed: ban:l1Q
""luOSling.

j'OU

in oIll>ir.ina lh. record>-)'O\' "'"

M.lbo=Ii . F.nzI.... WSa~8l0j


Dq>u<y l'1<>se<:utiI\&Anorneyi Public R _ Offi_

No evidence of being FILED


according to state law. Must
contain an Auditor File
Number and evidence of fee
paid. RCW 65.04.015.

SEP 29 2014 .

DELEGATION. OF STEVENS COUNTY PROSECUTING ATTORNEY,


TO SERVE ON CANVASSING BOARD

I, Tim Rasmussen, Stevens County Prosecuting Attorney, hereby designate:


(check only one)

Myself as Stevens County Prosecutor


or

V"Deputy Prosecutor

t' l c..\.s,.o~ve...

To s'erveon the Stevens County Canvassing Board for the General Election to be held on
.November 4,2014. The designee will serve November 4,7, 13, 18, 21, 2014 (to resolve
ballots) and November 25,2014 (for certification), for the period of time required to
complete the tabulation and certification of this election.

Stevens County ,Prosecuting Attorney

"l . zq 20

l~

Date

Such delegation is made under the authority of RCW 29A;60 and WAG 434-262-015.

THE MEETINGS WILL BEGIN AT 10:00 A. M.

Date: June 30, 2015


Office of Stevens County Auditor
Attn: Tim Gray
215 S. Oak St.
Colville, WA 99114
Re: Public Records Request [RCW 42.56]
Dear Mr. Gray,
We have established through our email exchange that an Oath of Office must state the name of the office
for which the person was elected or appointed to serve following the same format as required in RCW
43.01.020. This, then, would apply to the Oath requirement ofRCW 29A.60.140. One Oath of Office for
each "hat" or office a person was delegated to serve.
With that in mind, please provide the following public records:
1.

Please provide the Oath of Office for the three Elections Canvassing Board members
designated to serve for the 2010 election cycle.

2.

Please provide the Oath of Office for the three Elections Canvassing Board members
designated to serve for the 2012 election cycle.

3.

Please provide the Oath of Office for the three Elections Canvassing Board members
designated to serve for the 2040 election cycle.

Please respond within 5 days per RCW 42.56. If you do not have the records specific to my request
you may so notifY me by return letter. Any copy costs associated with these Oaths of Office please let
me know and I will pay them. You are not required (or permitted) to create documents that do not
already exist and are FILED in the Office of the Stevens County Auditor.
Thank you for your time and consideration of my request.

- RECEIVED
JUN 3 (;

1-\.:,1.

Initials I Time~~~~~
StevensC

.t\I'!.,...
~"

.'

"-, -

.. ~~~- ~J.,
'.~.

County ofStevens

State of Washington

...--

Office of County Auditor


TIM GRAY, County Auditor
215 South Oak, Room 106
Colville, Washington 99114
(509) 684-7511
Fax: (509) 684-7568

June 30, 2015

RE:

Public Records Request dated June 30, 2015

Dear Mr.

l1li:

I have no record of a Oath of Office for the three Stevens County Elections
Canvassing Board members for the 2010, 2012 or 2014 election cycles.
Since the 2040 election cycle is 25 years in the future I am unable to search for
such a document.
I believe I have responded to your request and consider it closed at this time.

Sincerely,

uditor

(1
No evidence of being FILED
according to state law. Must
contain an Auditor File
Number and evidence of fee
paid. RCW 65.04.015.
DELEGATION OF STEVENS COUNTY AUDITOR
TO SERVE ON CANVASSING BOARD

I, Tim Gray, Stevens County'A~ditor, hereby designate:


(check only one)

Myself as Stevens County Auditor


or

DeputyAuditorJ;!acIE

"~

To serve on the Stevens County Canvassing Board for the General Election to be held on
November4,2014. The designeewiIJ serve November 4, 7, 13, 18, 21, 2014 (to resolve
ballotS) and November '25, ,2014 (for certification), for the period of time required to
complete the tabulation and certification of this election.

Such delegation is made' unc;ler the .authority of RCW29A.60 and WAC 434-262-015.

THE MEETINGS WILL BEGIN AT 10:00 A. M.

JiOTICE OF 1!ON-COMPLJANCE WITH ~TATE 'I.AW


in Common Law Court of Record Over Two Witnesses

Lex Naturalis Dei Gratia


Notice to Respondeat Superior is Notice to Respondeat Inferior.
Notice to Respondeat Inferior is Notice to Respondeat Supenor.
FROM: The Sovereign People on Stevens county, on Washington state.
TO:

Steven Lynn Parker


215 S. Oak St.
Colville, Washington 99114

The people of Stevens County hereby serve Notice to you, Steven Lynn Parker, that there
appears to be evidence you are not compliant with Washington State Law.
1.

By not causing your own personal Oath of Officel to be properly ftled and made a permanent
part of the official public records of Stevens County [RCW 65.04.015(2); RCW 36.16.060;
RCW 65.04.030(3); RCW 65.04.130]; and

2.

You may also be responsible for having caused one or more appointed "deputies and
assistants" who are defined as officers2 , to similarly fail to make their Appointment(s) and
Oath(s) of Office properly indexed wherein they are actually of record in the office of the
Stevens County Auditor.

Non-compliance with state law creates a cloud on your ability and duty to follow the law and
creates questions as to your competency to serve the people in the capacity of Stevens County
Commissioner. You knew, or should have known, that neglect and/or willful failure to comply with
certain legislative acts codified in the Revised Codes of Washington, and your sworn Oath to uphold the
laws and Constitution of the State of Washington establishes a defect and failure to du1y qualify for office.
"... ifan officer is so careless ojthe reqUirements ojthe law under which he is elected
that he neglects to qualify, it is a Jair indication that he will be neglectful in the
transaction oJthe duties oJhis office. " State ex reI. Vanderveer v. Gormley
104 P. 620, 53 Wash. 543 - 1909
Furthermore, a breach of a duty imposed by law is a violation of the Oath of Office. You knew or
shou1d have known that your actions - or lack thereof - to remain at all times compliant with the law as
enjoined by law upon any public officer, is a violation of your Oath ofOffice 3 and Washington State Law.
Fines and penalties associated with the commission of acts are defined as a misdemeanor and/or gross
misdemeanor, or a felony if one of the people incurred a personal injury as a result of actions that may
have been taken by you under color oflaw, color of office and/or color of authority [18 USC 242].
1 See

copy of your Oath of Office (attached) which is not compliant with Washington State Law as codified in the RCWs.
CODE OF ETHICS: RCW 42.23.020( I): "officer" shall each include all elected and appointed officers together with all
deputies and assistants of such an officer.
3 See RCW 29A.56110 pefll1itions (I) "Misfeasance" or "malfeasance" in office means any wrongful conduct that
affects, interrupts, or interferes with the performance of official duty;
(a) Additionally, "misfeasance" in office means the performance of a duty in an improper manner; and
(b) AdditionaJly, "maJfeasance" in office means the commission of an unlawful act;
(2) "Violation of the oath of office" means the neglect or knowing failure by an elective public officer to perform faithfully a
duty imposed by law.
2

,1lOTICE OF JiON-COMPLIANCE WITH .,TATE 'lAw

~age lof2

Your office may also be vacant. Per RCW 42.12.010 Causes of vacancy, wherein (5) ...
any offense involving a violation of his or her official oath; (6) His or her refusal or neglect to
4
take his or her oath of office, or to give or renew his or her official bond, or to deposit such oath
or bond within the time prescribed by law.
The people require the highest of ethical standard from their elected officers so that public
confidence in their ability to abide by the law and effectively serve the people is assured. Therefore, this
Notice of Non-compliance with State Law by the Stevens County Commissioner is to be served upon you
by one of sovereign people on Stevens County, Washington state, ever mindful that "sovereignty itself
remains with the people, by whom and for whom all government exists and acts. " Yick Wo v. Hopkins,
118 U.S. 356 (1886).

On this the 22. day of

rt!r;..."...

vl

,2014.

Printed Name
1)

CIiAR.f..t:S A.RANr:!I....=K

2)

:Dav/J T

::r;.,w-e, H

lor hQ.....J ~e ~ch"lXi>~l(

3)

,---A~~~-~~~JL~~~#"o--'>"'--.J

" ... at the mouth oftwo witnesses, or at the mouth ofthree witnesses, shall the
established. "Deuteronomy 19: 15; see also Deuteronomy 17:6
" ... receive not an accusation unless where there are two or three witnesses. " I Timothy 5: 19

Declaration of Service
Washington state
County ~~ Stevens
I,

tv ~ -'b ~ S,.' .lLIC


day of

'--"

h014,

do hereby declare ,th t I h ve at


the city of tv.
.

~at theAM./P
.M., this the
address of

' " L f)
duly served a copy of the foreg~t~,~tice r~on,!mPliance
with State Law by delivering a cop of the above to the within named
J
\ ~{./\
. 1
declare under penalty of perjury under the laws of the United States of America that the foregciii"g is true

C0 i.I;

aod correct

,1 ,'IJ;J.
~ (7
By: IILf~ ~ .)
One of th~~1Jeop1e

"

4 Chapter 65.04 RCW, Duties of County Auditor - specific, but not limited to, RCW 6504.015 Defmitions, (1) "Recording
officer" means the county auditor ... charged with the responsibility [or recording instruments in the county records.; (2) "nle. "
"filed." or "filing" means the act ofd.elivering or transmitting electronically an instrument 10 Ihe auditor .. ' [or recording into the
ofjiclGl public records.; (3) "Record." "recorded." or "recording" means the process. used by the auditor ... after filing to
incorporate the instrument into the public records.; (4) "Recording number" means a unique number that identifies the storage
location (book or volume and page. reel andframe, instrument number. auditor ... file number, .. j o(each instrument in the
public records .... ; RCW 36.16.060 Place of filing oaths and bonds; RCW 6504030 (3) including oaths of office required by law
to be filed in the county auditor's office; RCW 65.04.130 Fees to be paid; RCW 65.08150 Duty to record; Failure of Duty by
Public Officer is subject to the penalties of the law described in RCW 42.20.100IRCW 9A.20.010 (2); RCW 9A.80010
(1)(a) ... intentionally commits an unauthOrized act under color oflaw (b) ... intentionally refrains from performing a duty
imposed upon him or her by law. (2) Official misconduct is a gross misdemeanor, defmed at RCW 9.92.020.

1l0TICE OF ,flON-COMPLIANCE WITH "TATE 'lAw

"age 2 of 2

ss

nitials I Time 7?i I/'w 1!t


Stevens County Auditor

STATE OF WASHINGTON
County of Stevens

)
) ss
)

OATH OF OFFICE

I, Steven Lynn Parker, do solemnly swear that I will support the Constitution of
the United States and the Constitution and laws of the State of Washington and
that I will faithfully perform and discharge the duties of the office of Stevens
County Commissioner, District 3 to the best of my ability, so help me God.

Steven Lynn Parker


Subscribed and sworn to before me this 24 th day of December, 2012.

Subscribed and sworn to before me this 24 th day of December, 2012.

Tim Gray
Stevens County A

~OTICE OF lJ ACANCY OF $FFICE


in Common Law Court of Record Over Two Witnesses

Lex Naturalis Dei Gratia


Notice to Respondeat Superior is Notice to' Respondeat Inferior.
Notice to Respondeat Inferior is Notice to Respondeat Superior.
FROM: The Sovereign People on Stevens county, on Washington state.
TO:

Steven Lynn Parker


215 S. Oak St.
Colville, Washington 99114

The people of Stevens County hereby serve you, Steven Lynn Parker, Notice that the Office of Stevens
County Commissioner District 3 is vacant per RCW 42.12.010.
On April 8, 2014, you were served Notice that you were in non-compliance with Washington state law
because your oath of office was not made a part of the official public records of Stevens County it
therefore does not exist. See: RCW 65.04.015(2); RCW 36.16.060; RCW 65.04.030(3). RCW 65.04.130
makes. it clear you. were to submit your oath of office and pay the requisite filing fee. By failing to file
your oath and make it a permanent part of the official public records of Stevens Coupty as the law
requires, you have neglected to qualifY for that office.

"Officers are elected not for the benefit of the individual, but for the benefit of the
community; and if an officer is so careless ofthe requirements ofthe law under which he
f5r e/-ected that he neglects tu quaiify; it is (J' .fairindication- that Ire- will- be rregte'Ctjui' irr tfre
transaction ofthe duties ofhis office. " Lysons v. Ruff: 4 Wash. 234, 29 P. 999 (1892).
Although the above quote was Justice Dunbar's dissenting opinion, it is, however, important
because that case was overturned in Vandeveer v. Gormley, 153 Wash. 543, 102 P. 435 (1909). Also see;
Attorney General Opinion AGO 63-64, April 16, 1963, No. 17 and; AGLO January II, 1980 No.2.

Right to hold public office is subject to qualifications imposed by legislature. " State ex
reI. Carroll v. Simmons (1962) 61 Wash.2d 146, 377 P.2d 421, cert, denied 83 S. Ct.
1698,374 U.S. 808, 10 L. Ed.2d 1032.
Now, as to your "oath", there are a few cases and RCW's that confirm that your "oath" is invalid
according to law.

"Use of word "shall" in statute imposes mandatory duty." Waste Management of


Seattle, Inc. v. Utilities and Trans. eom'n, 869 P.2d 1034, 123 Wash.2d 621,
reconsideration denied (] 994).
Every official oath of office, whether for elective or appointive office in the State of Washington
shall be fLIed.

RCW 36.16.060 Place offiling oaths and bonds.


Every county officer, before entering upon the duties ofhis or her office, shall [de his or her oath ofoffice
in the office of the county auditor and his or her official bond in the office of the county clerk:

.flOTICE OF l1ACANCY OF eFFICE

!)age 1 of 5

-------------------------------_._--

-- ---------

PROVIDED, That the official bond of the county clerk, after first being recorded by the county auditor,
shall be filed in the office ofthe county treasurer.
Oaths and bonds of deputies shall be filed in the offices in which the oaths and bonds of their
principals are required to be filed.

The word "fIled" has been defined by the State Legislature, as it relates to the state, in RCW 65.04.015.
RCW 65.0"-.015 Definitions.
The definitions set forth in this section apply throughout thiS chapter unless the context clearly
requires otherwise.
(1) "Recording officer" means the county auditor, or in charter counties the county offiCial charged with
the responsibility for recording instruments in the county records.
(2) "File," ".filed," or '.'filing" means the act of delivering or transmiUing electronically an instrument to
the auditor or recording officerfor recording into the official public r(!C()f"ds.
(3) "Record, "recorded," or "recording" means the process, such as electronic, mechanical. optical,
magnetiC, or microfilm storage used by the auditor or recording officer after filing to incorporate the
instrument into the public records.
(4) "Recording number" means a unique number that identifies the storage location (book or volume
and page, reel and frame. instrument number, auditor or recording officer file number. receiving number,
electronic retrieval code. or other specific place) of each instrument in the public rtxords accessible in
the same recording office where the instrument containing the reference to the location is found.
JI

In order to incorporate a document into the official public record, RCW 65.04.040 requires that a
prescribed procedure shall be complied with:
RCW 65.04.040 Method for recording instruments - Marginal notations - Arrangement ofrecords.
Any state. county, or municipal officer charged with the duty of recording instruments in public records
shall record them by record location number in the order filed. irrespective ofthe type oOnstrument,
using a process that has been tested and approved for the intended purpose by the state archivist.
Notes:
*Reviser's note: The definition "record location number" was changed 10 "recording number" by 1999
c 233 10.

Fees for recording instruments are found at: RCW 36.18.010.


"When legislalive body provides definitions for statutory terms, it is that definition to
which the person must conform his conduct. " City of Seattle v. Koh, 26 Wash. App. 708,
614 P.2d 665 (1980).
"Where an act uses the word in a special sense which it defines. definition by average
man or by ordinary dictionary is not substitute for the definitions contained in the act. "
National Homeopathic Hospital Ass'n of District of Columbia eta!. v. Britton, Deputy
Com'L, 147 F2d 561.

Now, since yom "oath of office" does not contain a "record location nmnber", it has not been
"incorporated into the official public record". It is invalid by operation of law. When there is no
principle there can be no agent and your invalid oath does not come within the Washington Court Rules
ofEvidence902(d) or 1005. It is therefore render' inadmissible to supportyoUT claim to the office'.
RCW 42.20.030 - Intrusion into and refusal to surrender public office.
Every person who shall falsely personate or represent any public officer, or who shall willfully intrude
himself into a public office to which he has not been duly elected or appointed, or who shall willfully

1l0TICE OF 11ACANCY OF eFFICE

~age 2 of 5

exercise any of the jUnctions or perform any of the duties, without having duly qualified as required by
law, ... , shall be guilty ofa gross misdemeanor.
The word "willfully" is defined in RCW 9A.08.01O as "knowingly".
Ignorance offacts excuses, ignorance oflaw does not excuse. 1 Coke, 177.
It is required to be a registered voter to run for and hold office. One must also declare to be a citizen of
the United States.
"Every citizen of the United States is supposed to know the law,
Wall (74 U.S. 169) 666 (1869).

. " Pierce v. United States, 7

Again, as shown by the following Washington case law, neither the County Auditor nor his
agents have authority to waive the mandatory filing fees, and further, not even the State is exempt from
these fees.
"Provision requiring payment offees in advance is mandatory. " State v. Nelson (1940) 6
Wash.2d 190, 107 P.2d 1113.
"When papers are received by officer for filing, filing will not become effective until
necessary fees have been paid." State v. Conners (1942) 12 Wash.2d 128, 120 P.2d 1002;
State v. Nelson (1940) 6 Wash.2d 190, 107 P.2d 1113.
"Statutes relating to compensation ofpublic officer must be strictly construed in favor of
government, and such officers are entitled only to what is clearly given by law. " Murphy
v. State Dept. of Licensing (1981) 28 Wash. App. 620, 675 P.2d 732.
"Day on which oath of office is signed and filed by judge of superior court is day on
wirick ke assumes office for purposes- of oension benefi~ and day of Govemar's
announcement of proposed appointment is immaterial." Jordan v. O'Brien (1971) 79
Wash.2d 406, 486 P.2d 890.
If no fee was charged, collected and paid into the treasury for the filing and/or recording of the
oath of office, the oath of office has not actually been filed and has never been incorporated into the
official public record as required by law. Assuming a public office and not processing ALL of the
qualifications of that office renders the person occupying the office a usurper.
One final issue is the filing of false certified salary warrants.
"An officer de facto can not maintain a suit for fees." 24 Am. Rep. 715; People v.
Hobson, 1 Denio, 579.4.

RCW 42.20. 060 Falsely auditing and paying claims.


Every public officer, or person holding or discharging the duties of any public office or place of trust
under the state or in any county, town or city, a part ofwhose duty it is to audit, allow or pay, or take part
in auditing, allOWing or paying, claims or demands upon the state or such county, town or city, who shall
knowingly audit, allow or pay, or, directly or indirectly, consent to or in any way connive at the auditing,
allowance or payment of any claim or demand against the state or such county, town or city, which is
false or fraudulent or contains any charge, item or claim which is false or fraudulent, shall be guilty ofa
gross misdemeanor.

1!OTICE OF l1ACANCY OF 19FFICE

,t)age 3 of 5

"Use of word ''false'' in connection with word "fraudulent" does not indicate legislative
purpose to include only such acts as are corruptly false, or are done with wil/jill design
to cheat and defraud public jimds. " State v. Case (1915) 88 Wash. 664, 153 P.2d 1070.
"Specific intent to violate law is implied from fact ofviolation even though person had no
wrongful intent to do anything beyond doing ofprohibited act. " State v. Case (1915)
Supra.
RCW 9A. 72.080 - Statement ofwhat one does not know to be true. Every unqualified statement of
that which one does not know to be true is eqUivalent to a statement ofthat which he knows to be false.
"Statute defining perjury in arry testimony, affidavit or "other writing subscribed as
true ", must be considered with this statute, in prosecution for perjury in making
statement or affidavit before notary public. " State v. Ledford (1938) 195 Wn. 581, 81
P.2d 830.
Violation of two of the following RCW's will invoke the ten year statute of limitation under RCW
9A.04.080 regarding public officers.
RCW 9A. 72.030 - Perjury in the second degree.
(I) A person is guilty ofperjury in the second degree if in an examination under oath under the
terms ofa contract of insurance, or with intent to mislead a public servant in the performance of his or
her duty, he or she makes a materially false statement, which he or she knows to be false under an oath
required or authorized by law_
(2) Perjury in the second degree is a class C felony.
"The distinction between perjury and false swearing is this, viz.: "if the false statement
be made in an oath or affidavit" required by law, or made in "the course of a judicial
proceeding," the offense is perjury; if the false voluntary oath or affidavit is "not
required by law or made in the course of a judicial proceeding," then it is fals'e
swearing. "State v. Howard, 91 Wash. 481.
RCW 9A.56.130 Extortion in the second degree.
(I) A person is guilty ofextortion in the second degree ifhe commits extortion by means o/threat as
defined in RCW 9A.04. 110(27)(d) through (j).
(2) ...
(3) Extortion in the second degree is a class C felony.
RCW 9A.04.1lO - Definitions.
(27) "Threat" means to communicate directly or indirectly the intent:
(11) To take wrongful action as an official against anyone or anything, or wrongfully withhold
official action, or cause such action or withholding;
The law is clear, your office is vacant. More than 30 days have transpired since you were served
notice that you were in non-compliance with state law. You have chosen to remain silent and have
continued to intrude into and usurp an office for which you have failed to duly qualify. That silence is
your tacit admission that you have no defense for your actions. You have a legal and moral duty to speak.
Having chosen to remain silent is tantamount to fraud.

J}OTICE OF 'lJACANCY OF $FF1cr

fJage 40fS

The people require the highest of ethical standard from their elected officers so that public
confidence in their ability to abide by the law and effectively serve the people is assured. You have
violated these standards of ethics and the people's trust. You have unjustly taken compensation from the
people's treasury you did not qualify to receive.
You are hereby directed by the sovereign people on Stevens County to:
1. Remove yourself from the County office you have usurped, and
2. Reimburse the people's treasury for your unjust enrichment acquired since your intrusion into
that office (plus interest accrued at 12% compounded annually), and/or
3. Face indictment for numerous and varied crimes.
"Sovereignty itselfremains with the people, by whom andjor whom all government exists
and acts. " Yick Wo v. Hopkins, 118 U.S. 356 (1886).
The sovereign people have so spoken.
Dated: May 24,2014
Printed Narne

3) -----"~~~"-'T--~~--<....-<~--=--
" ... at the mouth of two witnesses, or at the mout of three witnesses, shall the matter be
established. "Deuteronomy 19: 15; see also Deuteronomy 17:6
"... receive not an accusation unless where there are two or three witnesses. " I Timothy
5:19

Declaration of Service
Washington state
County of Stevens
I, W'l \\ "Of N'\-~r'\~a (0\ 0
a7~ day of vY)CM1

1St! ~tfl0 hereby declare that I have at ~ .M., this the


' 2014, in the city of Q.o\ \l \ \\<
' at the address of
::J.IS S 00. K \
, dilly served a co~the foregoing Notice of Vacancy of Office
by delivering a copy of the above to the within named
ug P",d< e r
. 1 declare under
penalty of perjury under the Jaws of the United States of America that the foregoing is true and correct.

J!OTICE OF ':lJACANCY OF $FFICE

~r

tlage 5 of 5

l)EOPLE'S c9VERSIGHT ~OMMISSION


POTENTATUS REs PUBLICA

Date: June 11,2014


To:

6DC).'13!tl V3b6

Steve Parker
215 S. Oak
Colville, WA 99114

Re:

oo.rk5; I "r- @9 rncb I. ethn


10 ~ ~h:;

Directive to answer to the People

We, the People's Oversight Commission on Stevens County, issue this directive to answer to
the people by affidavit or to appear in person to testify under oath why you have not responded
or otherwise answered the People's charges that you:
1.
2.

Are in non-compliance with Washington state law!; and


Are occupying an elective county office you have failed to dilly qualify to possess 2 .

Please submit your sworn or affirmed affidavit properly addressing the above charges no later
than 72 hours from the date of service of this Directive.
If you wish to testify under oath before this Commission, please notify the Commission within
48 hours of service of this Directive, at the address below, and a date that will accommodate the
parties shall be scheduled.
As an elected official you have a duty to answer to the people. Failure to answer and provide
facts, evidence and law that the accusations levied against you are a misunderstanding by the
People or are wholly inaccurate as applied to the law will be your tacit admission that the
People's charges are true and correct.
Please govern yourself accordingly.

Chairman of the Board ofOJersight Commissioners


cc. file

1
2

Referencing the Notice of Non-Compliance with State Law served upon you on April 8, 2014.
Referencing the Notice of Vacancy of Office served upon you on May 27, 2014.

People's Oversight Commission

* P.O.

Box 448

* Chewelah, Washington 99109

DECLARATION OF SERVICE

I, Gary Lyons, do hereby state that on the J"3 day of June, 2014, I
did personally hand deliver one copy of the following:
1.

Re: Directive to answer to the People (one page)

upo~ occupying the office of Stevens County Commissioner


or his/her authorized representative to receive service of process identified
as

_-.:...N--f--J!A:-....;....

, at

.:l-: gD ~/PM

at the Stevens County

Courthouse Complex with physical address of 215 S. Oak, Colville, WA

99114.
The served document originated from the People's Oversight
Commission.
I declare under penalty of perjury under the laws of the United States
of America that the foregoing is true and correct. Executed on June

2014.

}3,

llEOPLE'S c9VERSIGHT QCOMMISSION

.......

POTENTATUS REs PuBLICA

--------------..

~-------------

Date: June 11,2014


To:

Tim Gray
215 S. Oak
Colville, WA 99114

Re:

Directive to answer to the People

We, the People's Oversight Commission on Stevens County, issue this directive to answer to
the people by affidavit or to appear in person to testify under oath why you have not responded
or otherwise answered the People's charges that you:
1.
2.

Are in non-compliance with Washington state law l ; and


Are occupying an elective county office you have failed to duly qualify to possess 2.

Please submit your sworn or affirmed affidavit properly addressing the above charges no later
than 72 hours from the date of service of this Directive.
If you wish to testify under oath before this Commission, please notify the Commission within
48 hours of service of this Directive, at the address below, and a date that will accommodate the
parties shall be scheduled.
As an elected official you have a duty to answer to the people. Failure to answer and provide
facts, evidence and law that the accusations levied against you are a misunderstanding by the
People or are wholly inaccurate as applied to the law will be your tacit admission that the
People's charges are true and correct.
Please govern yourself accordingly.

S09Q3".03bB

ea,JA- JY")t). : bock . cMU..rn~


Chairman of the Board of Oversight Commissioners
cc. file

c-J~
, iSJO~s

Referencing the Notice of Non-Compliance with State Law served upon you on April 8, 2014.
Referencing the Notice of Vacancy of Office served upon you on May 27, 2014.

* P.O. Box 448 * Chewelah, Washington 99109


Yl'1Q\ \ . ~yt'"'

People's Oversight Commission

ca. <"\QS'( \ v r @ q

DECLARATION OF SERVICE

I, William-Benjamin)Sr.; Klinger, do hereby state that on the

~y

of June, 2014, I did personally hand deliver one copy of the following:
1.

Re: Directive to answer to the People (one page)

upon Tim Gray, occupying the office of Stevens County Auditor or his/her
representative identified as
service of process at

Y---------, authorized to receive

Cl:% AM/1!Jt1 at the Stevens County Courthouse

Complex with physical address of 215 S. Oak, Colville, WA 99114.


The above identified and served document originated from the
People's Oversight Commission.
I declare under penalty of perjury under the laws of the United States
of America that the foregoing is true and correct.
Executed on June

I") ~014.

lL-~)Ik/~
William-Benj~.; Klinger

,tlEOPLE'S Cl&VERSIGHT ~OMMISSION


POTENTATUS REs PUBLICA

Date: June 11,2014


To:

Timothy Rasmussen
215 S. Oak
Colville, WA 99114

Re:

Directive to answer to the People

'We, the People's Oversight Commission on Stevens County, issue this directive to answer to
the people by affidavit or to appear in person to testify under oath why you have not responded
or otherwise answered the People's charges that you:
1.
2.

Are in non-compliance with Washington state law!; and


Are occupying an elective county office you have failed to duly qualify to possess 2.

Please submit your sworn or affirmed affidavit properly addressing the above charges no later
than 72 hours from the date of service of this Directive.
If you wish to testify under oath before this Commission, please notify the Commission within
48 hours of service of this Directive, at the address below, and a date that will accommodate the
parties shall be scheduled.
As an elected official you have a duty to answer to the people. Failure to answer and provide
facts, evidence and law that the accusations levied against you are a misunderstanding by the
People or are wholly inaccurate as applied to the law will be your tacit admission that the
People's charges are true and correct.
Please govern yourself accordingly.
SD9q3~.O~be

Q. Q.J-a. - YX\ ell

hack

Co ho J :vno"-i'w>

Chairman of the Board of Oversight Commissioners


cc. file

~~

Commissioner - Witness

~.-LJ;0
Commissioner - Witness

Referencing the Notice of Non-Compliance with State Law served upon you on April 8, 2014.
Referencing the Notice of Vacancy of Office served upon you on May 27, 2014.

People's Oversight Commission

* P.O. Box 448 * Chewelah, Washington 99109

c.a.. r\o$ ; I v r @. qrnCl.-i l. ~

DECLARATION OF SERVICE

I, Wiliiam-Benjamin)Sr.; Klinger, do hereby state that on the

13 16day

of June, 2014, I did personally hand deliver one copy of the following:
1.

Re: Directive to answer to the People (one page)

upon Timothy Rasmussen, occupying the office of Stevens County

Prosecutor or his/her representative identified as


authorized to receive service of process at

KDJ1

--1-: t; ~

1/

N)..j

AM/~

~i]

at the

Stevens County Courthouse Complex with physical address of 215 S. Oak,

Colville, WA 99114.

The above identified and served document originated from the


People's Oversight Commission.
I declare under penalty of perjury under the laws of the United States
of America that the foregoing is true and correct.
Executed on June

/3 ~2014.

No evidence of being FILED


according to state law. Must
contain an Auditor File
Number and evidence of fee
paid. RCW 65.04.015.

USE
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07/13/2015

Washington Supreme Court


Str,;ei,Apn:,o:;
or PO Box No.
415 12th Ave SW
citY: siaie,-zip';'
Olympia, WA 98501

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07/13/2015

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Office of 1M plinary Counsel


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State Bar Association
CJ Street, Apt
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1325 Fourth Avenue, Suite 600
City, State,.
Seattle, WA 98101-2539

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7/20/2015
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Expected Delivery Day: Thursday, July 16, 2015

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