(dissenting) — For the reasons I have set forth in the companion case of Chandler v. Otto, 103 Wn.2d 268, 693 P.2d 71 (1984), I do not agree with the majority's conclusion that this court's construction of the recall provision has been wrong the past 72 years. Thus, I would use principles set forth in prior decisions by this court in deciding this case. Doing so, it is clear that the four charges alleged by respondents are sufficient to allow a recall election. I would have affirmed the trial court.
The first two charges concern the decision to close Shoreline High School and two elementary schools. The majority correctly characterizes these acts as discretionary. It then finds that these decisions were not an abuse of discretion. Yet the question of whether an act was an abuse of discretion is not something that should be left to this court to decide. Whether there has been an abuse of discretion, for recall purposes, is the prerogative of the voters, the reason being that whether someone has abused his discretion is a subjective question. This court may not feel that it is an abuse of discretion for a public official to appoint his son to a high-paying position. The court, as it does with the superintendent in this case, can always rationalize that the public official's son is qualified, and, thus, there is no basis for a recall. Yet the voters in that political subdivision might not agree that the public official was innocent of any wrongdoing. For this court to deny the people the right to recall the official would undermine the intent of the framers *290of our constitution.
In the present case, the members of this court may not feel that the decision to close the school on school-owned land while renovating a school on leased land is an abuse of discretion. Yet the people living in the Shoreline school district may feel that the decision was an abuse of discretion. Given that the right of recall is broadly construed, the voters should be given the opportunity to decide this question.
The fourth charge presented is that the school board members violated the Open Public Meetings Act of 1971, RCW 42.30. We have previously decided this issue and have held that such an allegation is sufficient for recall purposes.
First, the charge that these appellants violated the Open Public Meetings Act of 1971 (RCW 42.30) upon two occasions appears to fall directly within the category of an act of malfeasance since such conduct is alleged to have been "unlawful" and in violation of one of the laws of this state. Additionally, pursuant to the legislative intent behind RCW 42.30, it is apparent that closed, secret meetings of school board members are not in the best interest of those students and other members of the school district who may be affected by the decisions of the board. See RCW 42.30.010.
Bocek v. Bayley, 81 Wn.2d 831, 837, 505 P.2d 814 (1973).
The majority asserts that because the respondents did not allege on what date the violation took place, the charge is insufficient. Yet we have held that failure to comply with a statutory directive will not invalidate the recall unless the irregularity would affect the merits of the proceeding. McCormick v. Okanogan Cy., 90 Wn.2d 71, 578 P.2d 1303 (1978). Here, failure to allege the date of the violation will not affect the merits of the recall proceedings. In addition, the reason for the statutory requirement is to ensure that both the public electorate and the challenged official will make informed decisions in the recall process. Herron v. McClanahan, 28 Wn. App. 552, 559-60, 625 P.2d 707 (1981). The allegation that the school board members vio*291lated the Open Public Meetings Act of 1971 is sufficient for the electorate to make an informed decision.
The fifth charge alleges that the School Board employed an incompetent superintendent. In four prior cases, we have held that an allegation that an official has employed an incompetent subordinate is a sufficient ground for recall. Bocek v. Bayley, supra; State ex rel. Citizens Against Mandatory Bussing v. Brooks, 80 Wn.2d 121, 492 P.2d 536 (1972); State ex rel. LaMon v. Westport, 73 Wn.2d 255, 438 P.2d 200 (1968); Morton v. McDonald, 41 Wn.2d 889, 252 P.2d 577 (1953). In Bocek v. Bayley, supra, school board members were charged with hiring an unqualified school superintendent. In finding this charge sufficient, this court stated:
Regarding the charge that these appellants hired an unqualified school superintendent, again assuming this charge to be true, it is apparent that such conduct may justifiably be considered to be an improper performance of a duty, or misfeasance, in clearly failing to act in the best interests of the school district community.
Bocek, at 837.
The majority, ignoring precedent, goes out of its way to find this charge insufficient. It claims that because someone acts independently he is, therefore, competent. This is not always true since there are many instances where a person acts independently but incompetently. This is another example where this court is depriving the people of the right to determine whether an official has acted improperly. As we have stated before:
The charge may ultimately prove to be unfounded, even frivolous, but courts are not empowered to make that determination.
Brooks, at 129. Here, the majority is making the determination that the superintendent is competent solely because he took independent action.
Conclusion
The majority drastically changes the law pertaining to the right of recall. It admits as much when it states that it *292is overruling four prior cases. It rationalizes its decision by stating that officials need to be protected from frivolous charges. Yet officials are already protected. The petitioners for a recall must get the signatures of either 25 percent or 35 percent of the voters who voted in the preceding election for that office, depending on the size of the political subdivision.5 Moreover, a majority of the voters at the recall election must vote for that official's recall. In addition, the petitioner for a recall must verify under oath that he or she has knowledge of the alleged facts upon which the stated grounds for recall are based. RCW 29.82.010.
I would have affirmed.
The number of signatures required in order to get a recall petition on the ballot is set forth in RCW 29.82.060:
" (1) In the case of a state officer, an officer of a city of the first class, a member of a school board in a city of the first class, or a county officer óf a county of the first, second or third class — signatures of legal voters equal to twenty-five percent of the total number of votes cast for all candidates for the office to which the officer whose recall is demanded was elected at the preceding election.
” (2) In the case of an officer of any political subdivision, city, town, township, precinct, or school district other than those mentioned in subdivision (1), and in the case of a state senator or representative — signatures of legal voters equal to thirty-five percent of the total number of votes cast for all candidates for the office to which the officer whose recall is demanded was elected at the preceding election."