Although proponents of a recall effort against two San Juan
Bautista city council members have gathered nearly all the
signatures they need to launch a special election, a mistake on the
notice of intent to recall the men could force them to start all
over.
San Juan Bautista – Although proponents of a recall effort against two San Juan Bautista city council members have gathered nearly all the signatures they need to launch a special election, a mistake on the notice of intent to recall the men could force them to start all over.
Rebecca McGovern, who filed a notice of intent to recall Mayor Arturo Medina and Vice Mayor Charles Geiger in March, has already collected about 250 of the 270 signatures needed to put a recall on the ballot, she said. However, she did not include the mailing addresses of some of the 10 residents who signed the notice of intent to recall Medina and Geiger. That could result in officials declining to hold a special election if McGovern gathers enough signatures by the May 17 deadline, said San Juan Deputy City Clerk Patricia Paetz.
Paetz said the city can’t force McGovern to re-file the notice of intent with the needed post office box numbers, but when she turns in all the paperwork by May 17, it could all be for nothing. San Juan’s city attorney, Patrick Whitnell, corroborated Paetz’s statements and said McGovern knows about the possible problem.
“Rebecca was well aware of this problem before she began collecting signatures,” Whitnell said. “She chose her course. She must feel comfortable she’s in compliance with the law.”
McGovern does believe she is in compliance, which is why she declined to re-file another notice of intent. She believes the election officials are confused about the rules, and that she did not need to include post office box numbers.
“I wasn’t confused because I checked it out before I began,” McGovern said.
McGovern initiated a recall attempt against the two councilmembers after they voted, along with Councilman George Dias, to fire former City Manager Larry Cain. McGovern believes their vote was premature and that they didn’t have cause to fire Cain.
However, Geiger, who believes McGovern exaggerated the number of signatures she’s gathered, said they voted to oust the veteran city manager because he failed to communicate with council members and was derelict in his job duties.
After being served with the notice of intent to recall the men, Medina filed a response stating the recall isn’t prudent because they had plenty of cause to fire Cain. But Geiger filed a statement declaring he couldn’t deliver a response to the proponents because not all of the residents listed mailing addresses.
If a proponent cannot receive mail at their home address, they must provide an alternative mailing address, such as a post office box, according to the state Election Code. Because none of the proponents offered one, Geiger requested the initial notice of intent to be declared invalid. No one has declared the notice invalid yet, Geiger said.
“I believe once the signatures come in, we’ll challenge it then,” Geiger said. “There’s a lot of confusion about it and I feel she’s misinforming the public about the truth, facts and the issues. She’s throwing a tantrum because Larry was removed and she won’t acknowledge there are physical problems in San Juan.”
San Benito County Registrar John Hodges said the city clerk, Shawna Serna, can declare the notice invalid when McGovern delivers her signatures to the city by next week. Serna was unavailable for comment Monday.
If that happens, McGovern would have to collect 10 more signatures on the notice of intent, re-file another petition to recall the men and collect the 270 signatures all over again, Hodges said.
“It’s going to be null and void at one point along the line,” Hodges said.
San Juan Bautista residents aren’t alone in their attempt to recall elected officials. A recall effort against San Benito County District Attorney John Sarsfield has been underway for several months, and proponents made several mistakes on their notice of intent and had to re-file several times.
Erin Musgrave covers public safety for the Free Lance. Reach her at 637-5566, ext. 336 or
em*******@fr***********.com
