Friday, May. 09, 2008

Petition to recall mayor may be circulated

Notice of intent to distribute petition filed on April 28 by citizen

Mayor Tommy Jones may be facing a recall at the same time that he is seeking re-election this November.

Local resident Gene Forte filed a notice of intent to circulate a recall petition on April 28 at City Hall.

"Newspapers across the nation reported that Jones broke conflict of interest laws... To assure the public's trust and restore the public reputation of the city and citizens of Los Baños, Jones must be removed," the document states.

Public records indicate during 2002 and 2003 Jones took loans totaling $13,538 from Ranchwood Homes owner Greg Hostetler while he was between terms on the City Council. Under the Political Reform Act he was required to disclose the loans. He did not.

The notice of intent also asserts that the recall is necessary because Jones has refused to disqualify himself from voting on a 958-acre annexation proposal requested by Ranchwood.

Jones' bringing "attention and humiliation" upon the city was another reason cited.

The document, which includes 23 signatures besides Forte's, also states the recall is necessary because the Fair Political Practices Commission does not have authority to remove him.

Under California law Jones had seven days after the notice was filed to issue a response to be included on a recall petition. Jones filed his response Monday.

"This recall is motivated by politics, not ethics," Jones claims in his response letter. "The proponents distort the facts and seek to distract the public from important issues affecting our city. Their scheme will not deter me from making decisions based on what is best for Los Baños."

In a telephone interview, Jones said he plans to run for re-election in November. It could mean he will be recalled and re-elected in the same election.

Deanna Brown, supervisor of the Merced County Elections Department, said if both items made the ballot and were approved Jones would have to leave office immediately and then serve his second term as mayor after the re-election vote totals have been certified.

But first the recall must reach the ballot.

According to information on the California secretary of state's Web site, a recall petition must be submitted 10 days after the notice of intent is filed. That means Forte must provide a recall petition this week.

Assistant City Clerk Jana Sousa said once the city receives the petition it has to be reviewed by staff to make sure technical guidelines, such as placement of margins, are met. The secretary of state's Web site states the city has up to 10 days to review the petition after it's submitted.

Brown said Forte would normally have 120 days to get approximately 2,400 signatures of registered voters, equaling 20 percent of the local electorate, and bring the petition back to the city. However,Brown said, to make the November ballot her department must have the petition by June.

Brown said although she does not yet know what the cost of the recall will be, the city of Los Baños would be required to pay for it.