Council member John King believes Judge Kyle Cohen’s ruling that the “fatal” error in the petition to recall him allows him to stay in his seat and that’s what he plans to do.
While there are court cases that back up what King is saying, the matter is still under appeal by former Council member Bill Veach. That could put the current Town Council and Town Attorney in a sticky wicket. If the recall is successful for King on Tuesday, and the elections office certifies the results, but King refuses to relinquish his seat, what happens? Can the Town Council do anything? That’s a very real scenario that could play out at one of the November Town Council meetings.
King appears to have a stronger case on appeal, based on the judge’s ruling that his recall petition contained the “fatal” error by not naming who King allegedly tried to get fired on the town staff. But there is an appeal from the recallers side working its way through the court and there’s no telling how long that could take.
On Thursday King filed an emergency motion to “stay” the election stating in his filing that, “a legally insufficient recall petition cannot support a recall election.”
The judge ruled in favor of the recallers and dismissed Karen Woodson’s case. She also filed a lawsuit to try to get her recall tossed out. Judge Cohen ruled that the three allegations against her, all of which she’s denied, did fit into the criteria laid out by the state legislature. Cohen could not get involved in whether the allegations were true or false, only if they fit the criteria outlined in the state statute. Woodson has appealed Cohen’s rulling and might also decide to stay in her seat while the appeals play out, if her recall is successful.
How awkward would it be if the recall succeeds, but both John and Karen decide to keep their seats until the appeals play out and the two highest vote getters in the recall attend the meeting expecting to get sworn in? Then what?
One might wonder why, with only a year left, this would even be worth pursuing. Based on the current situation and time it has taken to get to this point, the seats would be up for vote next year and the election would decide the towns peoples will. This seems to be dividing a small town into a “he said she said” situation. At the end of the day one has to decide what toll this will take on the unity of a community. A door will be opened that may never be shut on future council members.
What a mess this council gets involved in true or not it’s just going to cost taxpayers more money.
Well, that certainly puts the pepper in the gumbo doesn’t it.