Nancy Vernon
PMB 192
17404 Meridian E., Suite F
Puyallup, WA 98375
May 5, 2006
Governor Christine Gregoire
Legislative Building
P.O. Box 40002
Olympia, WA 98504-0002
Dear Governor Christine Gregoire:
I have not received a response to my December 23, 2005 letter addressing serious concerns with the conduct of the Office of the Superintendent of Public Instruction while under the administration of Dr. Teresa Bergeson. I have since sent another letter dated April 20, 2006, in which I again address the conduct of the Bergeson Administration and request to meet with you and Attorney General Rob McKenna.
I am in receipt of a letter from your office dated April 27, 2006 that refers to my letter dated December 13, 2005 and email of April 18, 2006. Unfortunately, staff who wrote the letter is not aware of your legal authority. They claim that it is “outside of [the governor’s] constitutional and statutory authority to ‘take action’ against a separately elected state official.” While this statement as it stands alone may be accurate, it does not relieve you of your duty and authority to supervise the conduct of the agency the elected official oversees. Attempting to design a statement that relieves you of a duty that you are required by law to perform does not resolve the situation.
The Washington statutory laws define the general powers and duties of the governor in relation to taking action, or more formally stated, acting upon her ministerial duties, the governor is required under RCW 43.06.010 (1) to supervise the conduct of all executive and ministerial offices. The governor is given the statutory authority to initiate a criminal investigation of a corporation existing under the laws of this state through a written request to the attorney general; the attorney general must act upon that request.
The governor may require the attorney general or any prosecuting attorney to inquire into the affairs or management of any corporation existing under the laws of this state, or doing business in the state, and report the same to the governor, or to any grand jury designated by the governor or to the legislation when next in session.
Upon the written request of the governor, the attorney general shall investigate violations of the criminal laws within this state.
You have not offered a response that recognizes the concerns, facts and evidence brought to your attention in my December 23, 2005 letter and supporting documents that were hand delivered to your office. You have the authority to “take action.” The governor will be taking action, or formally stated, acting upon the ministerial duties of the governor, when making a written request to the attorney general to investigate the Office of the Superintendent of Public Instruction’s conduct and violations of criminal laws. The OSPI is a corporation existing under the laws of this state. The investigation will require the attorney general to investigate the actions of individuals administering the policies, laws, duties and responsibilities of OSPI, which will include the elected official Dr. Teresa Bergeson.
You have been provided with more than enough evidence to warrant a governor’s request for Attorney General Rob McKenna to initiate a criminal investigation into the conduct of OSPI. If you have not already done so, please act upon my request immediately. Please respond in writing recognizing the receipt of this letter, my December 23, 2005 and April 20, 2006 letters, supporting documents presented with the December 23 letter, your actions to address the Carkhuff conceptual framework being the design of education reform in Washington state public schools, and the conduct of the agency and staff involved in the activities brought to your attention through the documents provided with my December 23, 2005 letter and April 20, 2006 letter.
Sincerely,
Nancy Vernon
cc: Attorney General Rob McKenna
