Published:Wednesday, January 2, 2008 11:02 AM PST
Serving the South Coast of Oregon

State nixes Powers council recall effort
Wednesday, January 2, 2008 11:02 AM PST

A pair of technicalities has thwarted an effort to recall the mayor of Powers and three city councilors.

In August, Beverly Elliott and Marjorie Kalb, both of Powers, filed recall applications targeting Mayor Barbara Cottom and councilors Bob Leckband, Larry Northup and Pete Cunningham. By state law, they had until Dec. 10 to collect and submit signatures from 15 percent of Powers’ registered voters to set up an election.

But a lack of familiarity with the state’s requirements for filing and returning a petition led to the confiscation of collected signatures.

The women obtained permission to collect signatures Aug. 30. More than two months later, on Nov. 9, they arrived at Powers City Hall with sheets containing the requisite number of signatures, 53 per elected official. But there were two problems.

First, according to the Secretary of State’s Recall Manual, only the chief petitioner is allowed to submit the signatures. Elliott was assigned this role in paperwork filed with the city, but it was Kalb who handed over the papers.

Second, the sheets of signatures must be numbered sequentially for the state to consider them valid. But Charlotte Pancheau, Power’s city recorder, said the sheets were not.

Pancheau took the four petitions to the Coos County Courthouse, where she was told to contact the Secretary of State’s Office. It was a state representative who instructed Pancheau to disqualify the petition because of the two discrepancies.

“If they accepted the petition, the city would have been violating the law,” said Summer Davis, a compliance specialist in the Secretary of State’s Election Division.

Pancheau said Elliott did not submit any new petitions before the Dec. 10 deadline. As a result, anyone wishing to recall the four targeted public officials will need to apply for a new petition.

Attempts to contact Elliott and Kalb were unsuccessful, but an unsigned letter delivered to The World suggests the recall effort will continue.

“The Powers Recall Committee is still going forward in our Recall efforts,” it said. “We will continue trying to get a petition passed through in the Powers City Hall. As for getting signatures there has been No problem in that effort.”

The disqualified petitions were not returned to the petitioners and remain at City Hall. Pancheau said at least 57 signatures were collected for each recall petition, though the signers’ names were not verified with the county’s voter registration records. The petition to recall Leckband generated 62 signatures, Cunningham’s produced 61, and Northup’s and Cottom’s both included 57.

The city received reports contending erroneous information was used to convince voters to sign the petition, which Pancheau referred to the Secretary of State’s Office.

Norma Buckno, a compliance specialist in the Election Division, said there was insufficient evidence to suggest any election law was violated.

“However, should another recall petition be filed, all parties are advised to use caution and conscientiously follow all election laws,” she wrote in a letter to Pancheau.

In August, Kalb said she filed the recall applications because the council mishandled personnel issues and failed to secure grant funding. The mayor and three councilors were in the majority that declared the city recorder’s position vacant in July and then cut the assistant city recorder position in August.

Cottom said she would not be surprised if another recall effort occurs, but said she will not change her governing approach.

“I believe the council and myself are doing the best we can, but you can’t make everyone happy” she said. “I think the city is pushing forward.”

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Staff Writer Alexander Rich covers Powers issues for The World. He can be reached by calling 269-1222, ext. 271; or by e-mailing to arich@theworldlink.com.


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