DeVito,
given seven days to formally respond, prepared a statement and submitted
it to the city on Thursday morning.
"It
is alleged that I have not properly represented the people of Ojai,"
he said. "That should be news to the Ojai voters who have elected
me to the City Council in each of my six campaigns … nothing has occurred
to warrant a recall; therefore I intend to energetically account for
my record on the Ccuncil and to fight the recall which was signed
and supported by three 'sour grapes' candidates who lost to me in
the last election."
Three
opposing council candidates in the November 2006 election, Leonard
Klaif, Dennis Leary and Pete LaFollette were among the supporting
signatures.
None
of the three other council members feel that a recall is appropriate.
Mayor Carol Smith was unavailable for comment before deadline.
"If
you look at his history of protecting Ojai for over 20 years, they
clearly show that the allegations are false," said Councilman
Steve Olsen.
Councilwoman
Rae Hanstad agreed.
"I
feel strongly about a citizen's right to affect a recall of an elected
official," she said. "But based on the grounds described
I do not feel this is justified. Many of the characteristics of Ojai
that are cherished by citizens came about because of actions taken
by the council during Mr. DeVito's term — the reasons seem to be about
a recent specific decision rather than an overall performance."
All
three council members felt that the recall was prompted by DeVito's
recent vote against an emergency moratorium against chain stores in
the city.
"It
seems to be payback for his vote to postpone the moratorium,"
said Councilwoman Sue Horgan. "A recall should be reserved for
serious misconduct, not because a group of individuals disagrees with
a council member's decision."
Keenan
agreed that the recall petition was somewhat prompted by his vote
against the moratorium, but stated that it was not the only
reason.
"There
are many," he said. "That incident was just the straw that
broke the camel's back."
Keenan's
next step is to publish a notice of intent and return to the city
clerk with proof of publication and two blank copies of the petition
he intends to circulate.
The
city clerk then has 10 days to verify that the form and wording of
the petition meets the elections code. Once the petition is approved,
Keenan can proceed to collect signatures.
In
a population of less than 10,000 registered voters, such as the city
of Ojai, the proponent of a recall must gather the signatures of 25
percent of the city's voters. Since the last report of registered
Ojai voters in February tallied a total of 4,779, Keenan must obtain
1,194 registered voter signatures for a recall. The elections division
then can take up to 30 days to certify that the petition is accurate
and verify signatures.
If
the petition is approved, the council then has 14 days call for a
special election.
The
election then must be held, not less than 88 and no more than 125
days after an election has been called for by the council.
The
nomination period for replacement council members opens the day after
an election has been called for and closes 75 days prior to when the
election is scheduled.
If
the process moves quickly an election could happen in four or five
months. If the process is completed in time to coincide with another
local or county election, then it can consolidate with the other election
to reduce costs to the city. If the timing does not coincide with
any other local elections, then a special election will be called
for.
A
special election on its own could cost the city about $50,000 said
city clerk Carlon Strobel. Keenan said he is fairly confident that
he will be able to collect the 1,194 signatures.
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