HomeMy WebLinkAbout08 18 1989 Vice Mayor McCarthy possible recall target'ce Mayor McCarthy
ossible recall target
By George Ricker
Sources have told the Sebastian
,dun a Li ovrment is about to be
launched to remove Vice Mayor
Robert McCarthy from the Sebastian
City Council. .
Attorney Burney Carter, who was
alleged to be drafting a petition to
recall McCarthy, confirmed
Thursday that he has been consulted
about the requirements for drafting
such a petition. However, Carter said
he is not engaged in putting it
together.
Carter said he could not comment
on who had made the request.
"But the fact that I am not doing it
does not mean someone else isn't,"
he said.
See McCarthy page 3A Robert McCarthy
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IIIIcCarthy
(from page 1 A)
The Sun's sources also claim the
recall petition will hit the streets
some time next week.
McCarthy, who is in his second
term on the City Council, will be up
for re-election in March, 1990.
He was elected Vice Mayor
following the seating of a new City
Council after the March 14 election
this year.
The action to remove McCarthy is
reportedly based on his actions
relative to Sebastian Municipal
Airport since the March election.
McCarthy has been oneof the most
vociferous critics of the airport since
taking his place on the council in
1986.
He was one of two councilmen to
vote against the airport master plan
last October and was a staunch
supporter of referendums amending
the city charter to place restrictions
on the airport in both 1988 and 1989.
Since the March 14 election,
McCarthy, along with newly -elected
councilmen Lloyd Rondeau and
Robert McCollum, has voted to
disband the airportadvisory board, to
remove runway lights and apply
slung seal to the main runway at the
airport and to hire an airport director.
McCarthy also proposed that the
council hire the Washington, D.C.,
law firm of Cutler & Stanfield to
draft the ordinance required by the
most recent referendum imposing
noise limits and operation fees at the
airport.
Only Councilman Frank Oberbeck
voted against hiring the firm on April
20.
Whatever the reasons behind the
reported movement to recall
McCarthy, it promises to be a
difficult and time-consuming
process.
According to Indian River County
Supervisor of Elections Ann
Robinson, the petition to recall an
elected official in a municipality
must name the official and cite the
grounds on which his removal from
office is based.
Florida Statute 100.361(b) states
the grounds for removal of elected
officials by recall are limited to the
following: malfeasance,
misfeasance, neglect of duty,
drunkenness, incompetence,
permanent inability to perform
official duties and conviction of a
felony involving moral turpitude.
The grounds on which the alleged
recall petition will seek to remove
McCarthy are unknown at this time.
Those seeking the recall must
obtain signatures from 10 percent of
the voters who were registered to
vote in the last election in the
municipality in question. The signed
petitions must be turned in to the
office of the city clerk within 30 days
of the date the first signature is
obtained.
Since Sebastian had 5,101
registered voters in the last election
held in the city, it will be necessary
for those backing the recall
movement to gather 510 signatures
in order to bring the question of
recalling McCarthy before the voters
of Sebastian.
Once the petitions are submitted,
i they are turned over to the supervisor
,of elections who will verify that the
signatures contained therein are
signatures of registered voters in the
municipality in which the recall is
taking place.
The supervisor of elections has up
to 30 days to complete that task.
Following such certification, the
city clerk notifies the elected official
whose recall is being sought Lnd that
elected official has five days to
prepare a defense in writing of no
;more than 200 words' against the
charges contained in the recall
,petition.
Sebastian Sun Week of August 18,1989 Pg. 3-AS
Having received that defense, the
city clerk then must prepare a new
petition containing the grounds of the
recall petition, the defense by the
official in question and the names and
affidavits on the original petition and
submit those new petitions to the
chairman of the recall committee. -
The recall committee.then has 60
days to circulate those counterparts
and obtain the signatures of 15
percent of the registered voters, 770
voters in Sebastian.
Once the counterpart petitions are
submitted to the city clerk, they are
turned over to the supervisor of
elections'who has 30 days to verify
the validity of the signatures upon the
petitions.
After that process has been
completed and the city clerk has
notified the official in question of the
result, that official has five days to
file a written resignation.
Otherwise, the chief judge in the=
judicial circuit in which the
municipality is located must fix a day
for holding a recall electir- any,.,,
such election must be held in nu..ss "
than 30, nor more than 60 days
following the 5-day resignation
period.
The recall election may take place
during a regular municipal election 4
or, if none is scheduled, by means of
a special election.
It is now Aug. 18.
McCartt y will stand for re-
election on March 13 next year,
assuming he chooses to run for office
again.
In view of the time involved in the }
recall process, it appears that
McCarthy will be facing the
electorate at about the same time next
year, regardless of the outcome of the
alleged recall movement. ,
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