Saturday, March 13, 2010

Friday, Jun. 26, 2009

Recall petition may be circulated soon

Subjects of recall effort respond to allegations against them

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Proponents of the recall of Councilman Joe Sousa, Councilwoman Elizabeth Stone and Mayor Tommy Jones may be circulating petitions seeking signatures as early as this weekend.

City Clerk Lucy Mallonee has until Saturday to declare whether the petitions are in proper order per state regulations.

The petitions will include the recall subjects' responses, which were filed June 9 and June 10.

Councilman Joe Sousa's reply to the trio's alleged misfeasance was personal.

"The recall effort is an attempt by bitter resentful individuals who believe they alone are smart enough and capable enough to tell the rest of us how things should be, and what direction our community should go. They represent a mind set that excludes those who are not like them and don't fall in step with their ideas and desires," Sousa wrote. "The proponents of this recall are committed to opposing anything that benefits the people.

"This has been clearly demonstrated by their opposition to projects like the community center, the bypass, and the affordable housing projects. I am committed to representing all the people, not just those who feel privileged, and entitled. We all deserve respect."

Sousa also wrote, "The recall is an attempt to invalidate the will and voice of the people, clearly demonstrated and communicated in the recent election. It is a disrespectful show of arrogance, and disregard for the democratic principals of our system. I ask you to reject the recall and vote no."

Dennis Fauchier, who has become a spokesman for the recall effort, said that he was disturbed by Sousa's response.

"I find it amazing that he would imply that we are all privileged folks," Fauchier said, before going on to say he suspects Sousa gets more money through his retirement than he (Fauchier) makes working.

Fauchier also took umbridge with the implication that the recall proponents think they are the only ones capable of leading Los Baños. Fauchier said the recall group has no council members, former council members or former candidates "such as Caryn Cox" involved in it.

In the recall petition Sousa and Jones are being accused of "gross mismanagement of Los Baños finances by failing to prevent repeated embezzlement cases," along with failing to cut administrative finance staff while making "drastic cuts" to the police and fire departments. Jones is also accused of giving the city manager a raise after being warned the city was in financial "peril" and awarding a contract to build a community center when general fund monies are strained.

Stone is accused of voting "lock-step" with the mayor on all issues, and violating common law conflict-of-interest rules regarding her vote on regional transportation impact fees. Stone is also being taken to task for missing a budget workshop and her support of the community center in tough economic times.

In their responses Jones and Stone addressed the allegations one-by-one.

"Public safety layoffs only occurred because the police union refused to accept any reductions in salary or benefits to avoid layoffs," Jones' statement read.

He addressed the community center controversy by stating "The community center is a Redevelopment Agency project funded in 2006, which cannot be used for other city operations. The bond requires the RDA to build the center. If it isn't completed the RDA will be fined by the IRS. Upon completion in 2010, operating cost will be paid for by facility rentals and fees."

In her response Stone stated, "My decision was made based on research, workshops and meetings with staff. I have never made a decision without complete understanding of the issue. I maintain my support for the bypass and community center. I have never said I would oppose the RTIF fee."

Stone defended her vote to increase RTIF even though her father owns land near the proposed bypass.

"I have no conflict of interest to disqualify me from the RTIF decision. The Fair Political Practices Commission issued an advice letter to me, concluding that I have no economic interest under the Political Reform Act. Nor do I have a common law conflict of interest," her statement read.

To view the council members' entire written responses to the recall go online to www.losbanosenterprise.com and click on "Council members respond to recall effort."

What's next?

Recall proponents will have 120 days from the time the petitions are approved to collect 2,551 signatures per council member. If it takes the full length of time -- assuming the petitions are approved this week -- the signatures would go to the Merced County Registrar of Voters office in October. Fauchier has said his group would like to have the recall placed on the November ballot with an amendment to Measure P. That way the cost of a special election, which the city pays for, is mitigated.

Fauchier said this week his group will meet to discuss the "game plan" for collecting signatures and speak on another subject people are asking him about -- who will run to replace the three council members.

Diana Severson, supervisor of the Merced County Elections Department, said the filing period for replacement candidates will begin 113 days before the recall election and will close about a month later.

Fauchier said he does not believe it will be as difficult as he once thought to get the signatures needed to place the recall on the ballot.

"Based on phone calls and e-mails there's been a lot more support recently than in the past," Fauchier said. "I feel more confident now than three or four months ago."

Enterprise staff writer Corey Pride can be reached at 388-6563 or cpride@losbanosenterprise.com