Court throws recall out


Published/Last Modified on Wednesday, March 9, 2011 11:05 AM MST


Douglas Dispatch


After months of waiting, recall petitions and tense meetings, Cochise County Superior Court Judge John Kelliher threw out the recall petitions, against Douglas Mayor Dr. Michael Gomez.

Kelliher found that the recall committee, Unite Douglas, way of collection of petition signatures was “unreliable” enough to proceed with the election.

The court heard testimony on Wednesday and Friday of last week, before Kelliher rendered his decision.

Ginny Jordan of Unite Douglas said a decision has not yet bbeen made whether to appeal the decision.

An appeal at this time seems unlikely. It would take at least three to four months to mount a successful effort. The next election date would be in November, while the city council elections would only be a few months later in March, 2012.

“I am glad that the judge agreed with us that there was no fraud by the recall petition circulators,” said Jordan.. “But we are disappointed that the judge refused to hear the testimony from the majority of the recall committee’s witnesses (four out of five witnesses), which would have presented the whole picture for the judge. Because the judge refused to hear the testimony of most of our witnesses, we are examining whether or not to appeal the decision,” said Jordan. “The committee is proud that more than 500 people signed the recall petitions. The citizens of Douglas definitely want the mayor to resign or be recalled,” added Jordan.

Gomez filed suit on December 23 against Brenda Aguilar, City Clerk; Christine Rhodes, Cochise County Recorder; Thomas Schelling, Cochise County Elections Officer; and the Cochise County Board of Supervisors, Those four individuals were named in the complaint because they are responsible for authorizing the signatures and recall election.

In the complaint, Gomez claims that signatures on Petition 19 and 38 are invalid because they were not collected by the person named on the petition. Those two petitions have a total of 27 valid signatures, and if the Cochise County Superior Court agrees, it would invalidate the recall because the number of signatures would be under the minimum of 424

In a letter, Gomez states, “ It is my hope that now that this matter has been decided by the court, I can return to focusing all my attention on the problems that affect the citizens of Douglas. I call on the City Council to join with me in addressing the problems that face our community and remind them that this is why we were elected. Budget shortfalls threaten many programs that are essential to the well being of Douglas and I am ready to work with the City Council and community to make sure that we take the most appropriate course of action during these trying times.”

The full text of the letter can be seen on Page A4.

Comments

    to be expected wrote on Mar 22, 2011 6:00 PM:

    " I see were the mayor is trying to spin evrything for his benefit and tout his so called accomplishments. he blots out everything wrong he has done! He trully thinks he is blameless for anything. Well the whole town knows differently. We may forgive the old gentleman but no one will forget his meanness!! He will never take responsibility for his actions or appologize! "

    T wrote on Mar 21, 2011 11:30 AM:

    " We now have learned that everyone needs to get out and vote during city elections. We can no longer allow the senile to control who is voted in. Younger people who aren't swayed by old coffee shop/bar connections must get out and vote. We learn the hard way, I can only hope the lesson sticks. "

    FLORENCE wrote on Mar 17, 2011 1:51 PM:

    " OK ALL IS FINAL. SO STOP FIGHTING AND BE UNITED AND BACK EACH OTHER FOR THE BENIFIT OF THE TOWN. I AM ASHAMED TO HEAR WHAT IS GOING ON IN A TOWN THAT I GREW UP IN. GOOD LUCK MIKE AND DO WHAT YOU CAN TO MAKE DOUGLAS A PROUD TOWN.
    AND THE REST OF YOU TROUBLE MAKERS BACK OFF!!!!!!!!! BACK YOU'RE MAYOR IN DECISIONS AND QUIT SPENDING MONEY ON THE DUMB RECALL.IF YOU ARE UMHAPPY OH WELL!!!!! GROW UP!!!!! I NEVER THOUGHT SOME PEOPLE COULD DISRESPECT A MAYOR. "

    and so it goes on ... wrote on Mar 15, 2011 8:26 PM:

    " the royal family claims they have won. What have they won? They split the community. Mayor still won't call off his dogs and won't control meetings. Good people are still being unfairly attacked. What have they won? Lasting animosity among the residents? the legacy will forever be the worst mayor Douglas has ever seen!! I hold the Council blameless. They are moving ahead while the king remains clueless. "

    Douglas Citizen wrote on Mar 11, 2011 11:56 AM:

    " I sure hope the City Council, Mayor, and staff involved will learn to grow up, stop trying to use their position for power and use it for the benefit of Douglas, learn to agree to disagree, get past taking everything personal and work together as we the people of Douglas have voted them in to do.

    Jordan's "Unite Douglas" is a joke and an embarrassment to our city. Your cause does NOT "UNITE" Douglas. Your cause merely violates the procedures in an effort to bring back the corrupt individuals into office. We know what your intentions are!! Unite Douglas is a corrupt organization and must be stopped immediately! "

    miguel wrote on Mar 9, 2011 1:59 PM:

    " Ginny Jordan is a "Gadfly". "

Write a Comment

Comment posters are responsible for the opinions they express and the accuracy of the information they provide. We urge comment writers to treat this as a public forum where manners matter. We encourage a collegial, non-insulting tone. All readers comments must be approved by our staff before posting to the Web site. They review submitted comments periodically during the day for offensive or off-topic content before posting. Be aware, in accordance with the Communications Decency Act and provisions upheld in judicial appeal, that you are responsible for comments posted on this Web site. The Douglas Dispatch is not liable for messages from third parties.

DO NOT POST:
* Potentially libelous statements or damaging innuendo.
* Obscene, explicit, or racist language.
* Personal attacks, insults or threats.
* The use of another person's real name to disguise your identity.
* Comments unrelated to the story.
* Personal Information (phone numbers, addresses, etc.)

Opinions, advice and all other information expressed in douglasdispatch.com's reader comments represent the individual's own views and not necessarily those of the Douglas Dispatch. The Douglas Dispatch does not endorse and is not responsible for statements, advice or opinions offered by anyone other than authorized Douglas Dispatch spokespersons.

Your thoughtful contribution to the online discussion is appreciated.

(optional)
   









Contact Us

Email the Editor
530 11th Street
Douglas, AZ 85607
tel: 520.364.3424
fax: 520.364.6750
Subscribe Online
Place A Classified