Auburn to pay mayor’s legal expenses from recall effort

Published 11:46 am Thursday, April 9, 2026

By a narrow vote of 4-3, the Auburn City Council on April 6 approved a resolution directing that the city pay the “necessary expenses of defense” incurred by Mayor Nancy Backus as she defended herself against a recall petition filed Jan. 27 in King County Superior Court by Auburn resident and recent unsuccessful mayor candidate Ronnie Morgan.

Council members Lisa Stirgus, Clinton Taylor and Tracy Taylor-Turner voted in favor of the resolution, while Brian Lott, Kate Baldwin and Cheryl Rakes voted no.

According to city documents, the payment is not to exceed $45,000.

The charges in the petition alleged that Mayor Backus committed acts of misfeasance within the scope of her official duties.

In March, a King County Superior Court judge dismissed the charges against Backus with prejudice. “With prejudice” means the case is permanently closed, preventing the plaintiff from refiling the same claim or bringing new charges based on the same facts, according to the Legal Information Institute.

The petition was dismissed as a whole, including the flinty issue of a personal letter Backus wrote on behalf of former Auburn pastor and convicted child molester Joshua Headley, in which Backus allegedly asked the judge for leniency in his sentencing. Backus has denied making such a request.

Backus, who has since recanted the letter as a mistake based on ignorance of Headley’s legal status, spoke before Monday’s council vote.

“When I took the oath of office, I promised to serve everyone. That oath guides me today. It means I must be fair, even when decisions are not popular, or even when people may disagree with me. I didn’t have knowledge of what (Headley) was doing. I don’t swear to serve only those who I agree with me, I swear to serve everyone in need while acting on the principle of Sikhism and to uphold fairness even when it’s difficult,” Backus said.

“If we fail to act here,” Backus continued, “we are not just failing one person, we are setting the wrong standards for every elected official who serves the city now and in the future. And that’s why I’ve encouraged the council to think and vote yes.”

Council members Lott and Baldwin argued that because the catalyst of Morgan’s recall effort was Backus’ personal decision to write the letter, the city is not bound to pay anything.

“There were other things brought up in that recall and they have been out there. What kind of broke-the-camel’s-back (in this case) here was that letter,” Lott said.

Baldwin said that she didn’t want to place a chilling effect on people’s right to bring recall petitions forward when they feel an elected official is not pursuing his or her duties appropriately, and that state law allows cities to cover a public official’s defense expenses only when that official has acted in an official capacity.

According to City Attorney Jason Whalen, the recall charges were three, but they became one when Morgan claimed during filing that they all constituted misfeasance in office in the mayor’s official capacity.

“So, whatever may have been intended to be a personal action or a personal letter that was written, the proponent who made the filling made it a matter of the mayor’s official capacity, because that (trio of misfeasance, malfeasance and violation of one’s oath of office) is the only hook (you) can hang your recall petition hat on. That triggered the necessary defense,” said Whalen.

Councilmember Lisa Stirgus said she would vote yes on the resolution, not because of the person who happens to be mayor right now, but for the sake of every elected Auburn official to follow. She added that a flood of personal petty petitions would bankrupt a family were they filed against her.

“In this case, nobody was a winner,” Backus said in a statement released Wednesday. “The recall petition was dismissed with prejudice by King County Superior Court, as it lacked factual and legal sufficiency, and no appeal was filed. On Monday, the Auburn City Council approved reimbursement of necessary defense costs, as provided for under state law. I’ll continue moving forward and remain focused on the work Auburn residents expect of me and the Auburn City Council.”

FYI

• On Feb. 25, 2026, Superior Court Judge David Whedbee held a hearing to determine both whether the acts stated in Ronnie Morgan’s recall petition satisfied the criteria in state law for which a recall petition may be filed, and whether the corresponding ballot synopses were adequate.

• After the hearing, the court found all three charges to be legally and factually insufficient and all corresponding ballot synopses inadequate, entered an order denying the petition and dismissed it with with prejudice with respect to all three charges. No appeal of the King County Superior Court’s decision was filed in the Washington Supreme Court, and the Superior Court’s decision is final

• State law requires a city to pay the necessary costs of defending an elected officer when three conditions are met: the officer requests such defense, the city council grants approval, and the city attorney grants approval. All of those conditions were met.