IS THE COUNTY SHERIFF SERVING ILLEGALLY?
by Sharon Rondeau
(Sep. 24, 2014) — On Sunday, The Post & Email reported that a group of citizens from Stevens County, WA filed a criminal complaint with Stevens County prosecuting attorney Tim Rasmussen asking him to file charges against Sheriff Kendle Allen, who they claimed usurped the position by failing to swear out an oath of office before assuming the duties of sheriff.
The citizens claimed that the only oath of office on file for Allen was dated March 12, 2014, more than three years after he had taken office in his own right on January 1, 2011.
In late 2010, Allen had completed an unfinished term of the previous Stevens County sheriff, who was chosen by Obama to join the U.S. Marshals’ Service in late 2010.
Rasmussen has served as Stevens County prosecutor since 2006, before which he was a deputy prosecutor. He is running for re-election on November 4.
After publishing the article, The Post & Email contacted Rasmussen and Allen for comment as to whether or not they had current oaths of office on file as required by law. Revised Code of Washington (RCW) 29A.60.280 states that being sworn in is the “last step of qualification” for an officeholder.
Rasmussen had responded that “Kendle Allen and all officials including myself comply with state law in this regard.” Having called the group of citizens who filed the complaint “sovereign citizens,” he was unwilling to define the term to The Post & Email.
Allen did not return our call regarding his oath of office.
The Post & Email then submitted an Open Records request to the Stevens County auditor’s office for oaths of office for the years 2010-2014 for Timothy Rasmussen and Kendle Allen. On Tuesday, our request was responded to by County Auditor Tim Gray, who sent us three documents. Two of the documents were Allen’s oaths of office, and the other was Rasmussen’s.
Gray’s email to us reads:
From: Tim Gray tgray@co.stevens.wa.us
Sent: Tue 9/23/14 5:46 PM
To: Sharon Rondeau
Dear Ms. Rondeau:
Please find attached a copy of one of three oaths of office concerning Stevens County Sheriff Kendle Allen (2) and Stevens County Prosecutor Timothy Rasmussen (1). Both positions are on the ballot this November, so new oaths will be taken neither at the end of 2014 or the beginning of 2015. Some people have trouble opening these documents so I am sending them individually. This is 1 of 3.
Tim Gray
Stevens County Auditor
The documents which Gray sent are as follows:
Oaths of office must be sworn within ten days of the elected official’s assumption of office.