Force 2nd Complaint Disbarment/Prosecution to WASHINGTON STATE BAR ASSOCIATION

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.)

b. No evidence exists1 on the official public record that RASMUSSEN has ever "duly qualijied2" - in compliance with state law3 - to occupy the office of STEVENS COUNTY PROSECUTOR4 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. 3 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

I

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. The penalty for such a violation is prescribed within the Elections Title 29A specifically under "Canvassing, Officers -- Violations generally" in RCW 29A.84.7205.


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

4 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 Cfelony punishable under RCW9A.20.021 and shall forfeit his or her office."

6 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


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)


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


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 } ss.

I, {2>4j2L 11 nJ f..Iq.;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.


STEVENS COUNTY PROSECUTINGATTORNEY

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 NicholasForce 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 ofDecember 2014.

Tim RasmussenStevens County Prosecutor

r, ;.":, "

,"

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

OFFICE OF TliE PROSEcunNG AlTORNEYSTEVENS COONrf

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

- '.-.; i: ""C :&

Re: Pub1;c R< h:ts not ....et "" 03lh of offieUOlllld !be Roles "f!'rt>f~Coodocotic

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 resolveballots) and November 25,2014 (for certification), for the period of time required tocomplete 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.

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

Date: June 30, 2015

Office of Stevens County AuditorAttn: Tim Gray215 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 officefor which the person was elected or appointed to serve following the same format as required in RCW43.01.020. This, then, would apply to the Oath requirement ofRCW 29A.60.140. One Oath of Office foreach "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 membersdesignated to serve for the 2010 election cycle.



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

Thank you for your time and consideration ofmy request.

-

RECEIVEDJUN 3 (; 1-\.:,1.

Initials ITime~~~~~StevensC

~" .' "-, - ; ... ~~~- '.~..t\I'!.,.....~J., .

...--

June 30, 2015

County ofStevensState of Washington

Office ofCounty AuditorTIM GRAY, County Auditor

215 South Oak, Room 106Colville, Washington 99114

(509) 684-7511Fax: (509) 684-7568

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 ElectionsCanvassing 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 forsuch a document.

I believe I have responded to your request and consider it closed at this time.

Sincerely,

uditor

ErnieHighlight

(1

DELEGATION OF STEVENS COUNTY AUDITORTO SERVE ON CANVASSING BOARD

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

(check only one) Myself as Stevens County Auditor

or

i DeputyAuditorJ;!acIE "~To serve on the Stevens County Canvassing Board for the General Election to be held onNovember4,2014. The designeewiIJ serve November 4, 7, 13, 18, 21, 2014 (to resolveballotS) and November '25, ,2014 (for certification), for the period of time required tocomplete 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.AWin Common Law Court of Record Over Two Witnesses

Lex Naturalis Dei GratiaNotice 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 Parker215 S. Oak St.Colville, Washington 99114

The people of Stevens County hereby serve Notice to you, Steven Lynn Parker, that thereappears 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 permanentpart 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 andassistants" who are defined as officers2, to similarly fail to make their Appointment(s) andOath(s) of Office properly indexed wherein they are actually of record in the office of theStevens County Auditor.

Non-compliance with state law creates a cloud on your ability and duty to follow the law andcreates questions as to your competency to serve the people in the capacity of Stevens CountyCommissioner. You knew, or should have known, that neglect and/or willful failure to comply withcertain legislative acts codified in the Revised Codes ofWashington, and your sworn Oath to uphold thelaws 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 electedthat he neglects to qualify, it is aJair indication that he will be neglectful in thetransaction oJthe duties oJhis office. " State ex reI. Vanderveer v. Gormley104 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 orshou1d have known that your actions - or lack thereof - to remain at all times compliant with the law asenjoined by law upon any public officer, is a violation of your Oath ofOffice3 and Washington State Law.Fines and penalties associated with the commission of acts are defined as a misdemeanor and/or grossmisdemeanor, or a felony if one of the people incurred a personal injury as a result of actions that mayhave 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.2 CODE OF ETHICS: RCW 42.23.020( I): "officer" shall each include all elected and appointed officers together with alldeputies and assistants of such an officer.3 See RCW 29A.56110 pefll1itions (I) "Misfeasance" or "malfeasance" in office means any wrongful conduct thataffects, 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.

,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 totake his or her oath of office, or to give or renew his or her official bond, or to deposit4 such oathor bond within the time prescribed by law.

The people require the highest of ethical standard from their elected officers so that publicconfidence in their ability to abide by the law and effectively serve the people is assured. Therefore, thisNotice of Non-compliance with State Law by the Stevens County Commissioner is to be served upon youby one of sovereign people on Stevens County, Washington state, ever mindful that "sovereignty itselfremains with the people, by whom andfor 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....=K2) :Dav/J T ::r;.,w-e,H3) lor hQ.....J ~e ~ch"lXi>~l( ,---A~~~-~~~JL~~~#"o--'>"'--.J

" ... at the mouth oftwo witnesses, or at the mouth ofthree witnesses, shall theestablished. "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 ServiceWashington stateCounty ~~Stevens

I, tv~-'b~ S,.'.lLICdo hereby declare ,th t I h ve at ~AM./P .M., this theday of '--" ) h014, the city of tv. . at the address of

C0 i.I; '"L f) duly served a copy of the foreg~t~,~tice r~on,!mPliancewith State Law by delivering a cop of the above to the within named J \ ~{./\ . 1declare under penalty of perjury under the laws of the United States of America that the foregciii"g is trueaod correct ,1 ,'IJ;J. ~ (7

By:IILf~ - ~ . ) " JOne ofth~~1Jeop1e

4 Chapter 65.04 RCW, Duties of County Auditor - specific, but not limited to, RCW 6504.015 Defmitions, (1) "Recordingofficer" 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 theofjiclGl public records.; (3) "Record." "recorded." or "recording" means the process. used by the auditor ... after filing toincorporate the instrument into the public records.; (4) "Recording number" means a unique number that identifies the storagelocation (book or volume and page. reel andframe, instrument number. auditor ... file number, .. j o(each instrument in thepublic records .... ; RCW 36.16.060 Place of filing oaths and bonds; RCW 6504030 (3) including oaths of office required by lawto 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 byPublic 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 dutyimposed 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

STATE OF WASHINGTON )) ss

County of Stevens )

nitials I Time 7?i I/'w 1!tStevens County Auditor

OATH OF OFFICE

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

Steven Lynn Parker

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

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

Tim GrayStevens County A

~OTICE OF lJACANCY OF $FFICEin Common Law Court of Record Over Two Witnesses

Lex Naturalis Dei GratiaNotice 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 Parker215 S. Oak St.Colville, Washington 99114

The people of Stevens County hereby serve you, Steven Lynn Parker, Notice that the Office of StevensCounty 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 lawbecause your oath of office was not made a part of the official public records of Stevens County ittherefore does not exist. See: RCW 65.04.015(2); RCW 36.16.060; RCW 65.04.030(3). RCW 65.04.130makes. it clear you. were to submit your oath of office and pay the requisite filing fee. By failing to fileyour oath and make it a permanent part of the official public records of Stevens Coupty as the lawrequires, you have neglected to qualifY for that office.

"Officers are elected not for the benefit of the individual, but for the benefit of thecommunity; and ifan officer is so careless ofthe requirements ofthe law under which hef5r e/-ected that he neglects tu quaiify; it is (J' .fairindication- that Ire- will- be rregte'Ctjui' irr tfretransaction 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, importantbecause 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 exreI. 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 invalidaccording to law.

"Use of word "shall" in statute imposes mandatory duty." Waste Management ofSeattle, 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 Washingtonshall 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 ofofficein 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 theirprincipals 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 ofdelivering or transmiUing electronically an instrument tothe auditor or recordingofficerfor recording into the official public r(!C()f"ds.(3) "Record, JI "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 theinstrument into the public records.(4) "Recording number" means a unique number that identifies the storage location (book or volumeand 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 inthe same recording office where the instrument containing the reference to the location is found.

In order to incorporate a document into the official public record, RCW 65.04.040 requires that aprescribed 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 ofrecording instruments in public recordsshall 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 1999c 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 towhich 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 averageman 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, DeputyCom'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 noprinciple there can be no agent and your invalid oath does not come within the Washington Court RulesofEvidence902(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 intrudehimself 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 bylaw, ... , 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 ofthe United States.

"Every citizen of the United States is supposed to know the law, . " Pierce v. United States, 7Wall (74 U.S. 169) 666 (1869).

Again, as shown by the following Washington case law, neither the County Auditor nor hisagents have authority to waive the mandatory filing fees, and further, not even the State is exempt fromthese fees.

"Provision requiring payment offees in advance is mandatory. " State v. Nelson (1940) 6Wash.2d 190, 107 P.2d 1113.

"When papers are received by officer for filing, filing will not become effective untilnecessary 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 ofgovernment, and such officers are entitled only to what is clearly given by law. " Murphyv. 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 ofsuperior court is day onwirick ke assumes office for purposes- of oension benefi~ and day of Govemar'sannouncement of proposed appointment is immaterial." Jordan v. O'Brien (1971) 79Wash.2d 406, 486 P.2d 890.

If no fee was charged, collected and paid into the treasury for the filing and/or recording of theoath of office, the oath of office has not actually been filed and has never been incorporated into theofficial public record as required by law. Assuming a public office and not processing ALL of thequalifications 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 trustunder the state or in any county, town or city, a part ofwhose duty it is to audit, allow or pay, or take partin auditing, allOWing or paying, claims or demands upon the state or such county, town or city, who shallknowingly 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 isfalse or fraudulent or contains any charge, item or claim which is false or fraudulent, shall be guilty ofagross misdemeanor.

1!OTICE OF l1ACANCY OF 19FFICE ,t)age 3 of 5

"Use ofword ''false'' in connection with word "fraudulent" does not indicate legislativepurpose to include only such acts as are corruptly false, or are done with wil/jill designto 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 nowrongful 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 ofthat 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 astrue ", must be considered with this statute, in prosecution for perjury in makingstatement or affidavit before notary public. " State v. Ledford (1938) 195 Wn. 581, 81P.2d 830.

Violation of two of the following RCW's will invoke the ten year statute of limitation under RCW9A.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 ofhis orher duty, he or she makes a materially false statement, which he or she knows to be false under an oathrequired 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 statementbe made in an oath or affidavit" required by law, or made in "the course ofa judicialproceeding," the offense is perjury; if the false voluntary oath or affidavit is "notrequired by law or made in the course of a judicial proceeding," then it is fals'eswearing. "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 servednotice that you were in non-compliance with state law. You have chosen to remain silent and havecontinued to intrude into and usurp an office for which you have failed to duly qualify. That silence isyour 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 publicconfidence in their ability to abide by the law and effectively serve the people is assured. You haveviolated these standards of ethics and the people's trust. You have unjustly taken compensation from thepeople'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, and2. Reimburse the people's treasury for your unjust enrichment acquired since your intrusion into

that office (plus interest accrued at 12% compounded annually), and/or3. Face indictment for numerous and varied crimes.

"Sovereignty itselfremains with the people, by whom andjor whom all government existsand acts. " Yick Wo v. Hopkins, 118 U.S. 356 (1886).

The sovereign people have so spoken.

Dated: May 24,2014

Printed Narne

3) -----"~~~"-'T--~~--

l)EOPLE'S c9VERSIGHT ~OMMISSION POTENTATUS REs PUBLICA

Date: June 11,2014

To: Steve Parker 6DC).'13!tl V3b6 215 S. Oak

oo.rk5; I"r-@9 rncb I. ethnColville, WA 99114 10 ~ ~h:;

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. Are in non-compliance with Washington state law!; and 2. Are occupying an elective county office you have failed to dilly qualify to possess2.

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 Referencing the Notice of Non-Compliance with State Law served upon you on April 8, 2014. 2 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 County7

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 }3,

2014.

G

llEOPLE'S c9VERSIGHT QCOMMISSION POTENTATUS REs PuBLICA

--------------.........~-------------Date: June 11,2014

To: Tim Gray 215 S. Oak Colville, WA 99114


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. Are in non-compliance with Washington state law l ; and 2. Are occupying an elective county office you have failed to duly qualify to possess2.




Please govern yourself accordingly. S09Q3".03bB

ea,JA- JY")t). : bock .cMU..rn~ c-J~ Chairman of the Board of Oversight Commissioners cc. file

, iSJO~s


People's Oversight Commission * P.O. Box 448 * Chewelah, Washington 99109

ca.


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 Y---------, authorized to receive service of process at 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.


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


'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. Are in non-compliance with Washington state law!; and 2. Are occupying an elective county office you have failed to duly qualify to possess2.




Please govern yourself accordingly. SD9q3~.O~be

Q. Q.J-a. -YX\ ell I hack I Coho J :vno"-i'w> ~~ Chairman of the Board of Oversight Commissioners Commissioner - Witness cc. file ~.-LJ;0

Commissioner - Witness


People's Oversight Commission * P.O. Box 448 * Chewelah, Washington 99109 c.a.. r\o$ ; Iv r @. qrnCl.-i l. ~


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 KDJ1 1/N)..j~i] authorized to receive service of process at --1-: t; ~ AM/~ 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.


of America that the foregoing is true and correct.

Executed on June /3 ~2014. I

0709Certified Fee r-'l 08 Postmark CJ Retum Receipt Fee Hereo (Endorsement Required) CJ 1----........_---1

Restricted Delivery Fee o (Endorsement Required) ~--"",,--"""",,"--l CJ 07/13/2015LCl Total Postage 1lil

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Your item was delivered at 10:33 am on July 16, 2015 in SEATTLE, WA 98101.

July 16, 2015 , 1:36 amDeparted USPS OriginFacility

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SEATTLE, WA 98168

July 14, 2015 , 4:19 am Departed USPS Facility SPOKANE, WA 99224


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July 13, 2015 , 5:48 pm Departed Post Office CHEWELAH, WA 99109

July 13, 2015 , 10:11 am Acceptance CHEWELAH, WA 99109

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Documents

Force 2nd Complaint Disbarment/Prosecution to WASHINGTON STATE BAR ASSOCIATION