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HomeMy WebLinkAbout08 23 1989 McCarthy Foes Don't Have to Form CommitteeMcCarthy Foes Don't Have To Form -Committee By PATRICIA DiLALLA Sebastian Bureau Chief The backers of an effort to recall Sebastian Vice Mayor Robert McCarthy do not have to register as a political action committee until they approach monetary threshholds, said an attorney for the Florida Department of State. Committee member Burt Snell said Tuesday the group will wait until the threshhold is reached before registering. Meanwhile, in reaction to the recall attempt, McCarthy said, "I am going to sue them. They have done irreparable damage to my reputa- tion." If the recall committee is made up of two or more people, said Phyllis Slater, assistant gen- eral counsel in. the Division of Elections, when $500 is received in contributions or is paid out for expenses, then the group has to register as a PAC. If only one person initiates the recall cam- paign, when contributions or expenses reach the $100 amount, the individual has to file reg- ular reports with the city clerk, she said. However, a committee can register voluntari- ly as a PAC even if it doesn't reach the thresh - hold figures, Ms. Slater added. "I would recommend, if they are involved in the recall," Ms. Slater said, "for their own pro- tection they file as a PAC. There is more public disclosure and that is the intent of the cam- paign financing act." On Monday, the day petitions started circu- lating in the city, City Clerk Kay O'Halloran incorrectly told committee. member Burt Snell that the group would have to register before beginning their recall campaign. . ' Ms. O'Halloran said she based that opinion on a.telephone conversation with Slater and infor- mation contained in a booklet prepared ,by the Florida House Committee on Ethics and Elec- tions. Snell said he did not anticipate the group would spend $500 or receive that much in dona- tions. "(Registering) is a pain in the neck," Snell said. "You have to send in reports every quar- ter. We will wait until we get to that thresh - hold." The recall petition accuses McCarthy of mal- feasance, misfeasance and incompetence -in office relating to his votes on the airport con- troversy. McCarthy, whose term expires in March 1990, has said he will fight the recall effort and, more recently, that he has spoken to a lawyer about filing a lawsuit against those who have started the recall campaign. According to state statutes, recalling a coun- cil member will involve a three -step process, Ms. O'Halloran said, adding it could take seve- ral months. On the initiating petition, the recall commit- tee has 30 days to collect the signatures of 500 voters or 10 percent of those registered for the March 1989 election. Since there were 5,101 registered voters, Ms. O'Halloran said 510 sig- natures of registered voters are needed. 'Those signatures will have to be verified by the county supervisor of elections, she said. If, after verification, there are the required number of signatures, McCarthy will have five days to prepare and file a defensive statement to the petition, Ms. O'Halloran said. City Attorney Charles Nash said the City Council will have the option of either permit- ting him to assist McCarthy in preparation of the statement or reimburse McCarthy's legal fees with a private attorney if McCarthy is suc- cessful in. fighting the recall effort. Ms. O'Halloran said a second petition con- taining the original petition and McCarthy's statement then will be circulated. The commit- tee will have 60 days to obtain signatures from at least 15 percent of the registered voters or 765 signatures. Once those signatures are verified, and if McCarthy does not resign, a Circuit Court judge. will be asked to set the date of a special recall election, she said. Ms. O'Halloran estimated it would cost the city at least $5,000 to hold a special election before the regular March 13,1990, election.