Monday, November 16, 2015

TIME FOR RECALL PETITION AND RECALL ELECTION RE: SOME OF OUR CURRENT COMMISSIONERS?



TIME FOR RECALL PETITION AND RECALL ELECTION RE: SOME OF OUR CURRENT COMMISSIONERS?
After December 1, when they will have served 25% of of their terms, it will be legally possible for people to petition for a recall election regarding TODD DAVID NEVILLE and NANCY SIKES-KLINE.
F.S. 100.361.
What do you reckon?
It is already legally possible now for people to petition for a recall election re: LEANNA FREEMAN, whose term expires next year.
F.S. 100.361.
What do you reckon?
The requirements are BOTH rigorous and complicated: the municipal recall election rules require 10% of registered voters support a 200 word statement of reasons, then give the incumbent a chance to write a 200 word reply, then allow a recall drive to be placed upon the ballot ONLY if 15% of registered voters sign the second petition.
You must have a recall committee and legally valid reasons, and the time for gathering petitions is short.
I would NOT recommend such a recall drive re: Vice Mayor Roxanne Horvath, who is more thoughtful and courteous than her four Gang of Four colleagues.
She does not act out malice or ill will, as the other three.
On the other hand, the bias toward the Temple Destroyers and the developers like LEN WEEKS and DAVID CORNEAL and the hatefulness toward both Mayor Nancy Shaver and "gadflies" is palpable.
Three Commissioners' behavior may rise to the level of one, two, three or four of the seven factors required for recall, to wit factors 1,2,3,5.
1. Malfeasance;
2. Misfeasance;
3. Neglect of duty;...
5. Incompetence...
If the other-directed Gang of Four incumbents do not change their ways and start behaving like adults, an F.S. 100.361 municipal recall petition drive should be considered.
What do you reckon?
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0100/Sections/0100.361.html

2 comments:

Anonymous said...

Who will replace them? What does the statute say about that? Does the governor appoint new commissioners?

If we could be sure by law that more Boles flunkies would not be appointed, then let us have at it.

Ed Slavin said...

The voters get to pick new Commissioner(s) at the same election as the recall vote:


(6) FILLING OF VACANCIES; SPECIAL ELECTIONS.—
(a) If an election is held for the recall of members elected only at-large, candidates to succeed them for the unexpired terms shall be voted upon at the same election and shall be elected in the same manner as provided by the appropriate law for the election of candidates at general elections. Candidates shall not be elected to succeed any particular member. If only one member is removed, the candidate receiving the highest number of votes shall be declared elected to fill the vacancy. If more than one member is removed, candidates equal in number to the number of members removed shall be declared elected to fill the vacancies; and, among the successful candidates, those receiving the greatest number of votes shall be declared elected for the longest terms. Cases of ties, and all other matters not herein specially provided for, shall be determined by the rules governing elections generally.