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Pettus Read

by Pete Edwards

The resignation of Tim Gobble from the Cleveland City Council on August 14th has raised questions on how the vacancy should be filled. The City Council voted 4-2 to appoint a replacement, with the two dissenting

councilors, George Poe and Bill Robinson, saying that because of public input and calls from their constituents, the voters should choose at a special called election.

A petition signed by city residents calling for Gobble's vacant seat to be filled by a vote of the electorate was presented to the city council by councilman George Poe.

There has been questions asked about the possibility of an election recall against the four councilors who voted to appoint. David Ellis at the Bradley County Election Commission office, said that in 1994, the recall provision in the city charter was removed when the charter was changed to a city manager form of

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government.

Although the courts have consistently affirmed the right of the citizens to petition for a recall election, there is no general provision under state law. Other communities have been faced with the same problem when trying to remove officials that refuse to listen to the wishes of their constituents. In Cookeville, Tennessee, the city council planned to sell or lease the Cookeville General Hospital against the wishes of the citizens. Cookeville has a city charter similar to Cleveland and there was no provision to allow a recall. Visit http:// www.Putnampit.com/lawx3.html for details.

Under state law, no city can be formed - nor an existing one's charter amended - without the consent of the state legislature. According to state law, a city is just an arm of state government and has only the powers and rights granted to it by what is known as a private act. Therefore, to get a city charter amended giving citizens the power to remove elected officials by recall election, a private act must first be introduced by a state senator or representative.

A passage of private acts is virtually assured when submitted. While senators  or representatives can introduce private acts on their own initiative, they generally prefer a request from the local governing body. If the council, as in the case of the City of Cleveland, refused to bow to the public's wishes and the senator or representative also refused to introduce the private act on his own initiative, the voters could adopt an ordinance-resolution changing the charter by submitting a petition signed by 10% of the voters in the last  election, requesting that the change be made by the legislature.

Because of the political pressure, it is doubtful that elected representatives in the legislature would ignore a majority vote request to change the charter.

Although possible,  amending the city charter by private act is a time consuming process, so would not allow voters quick removal of unresponsive councilors, but to reinstate the recall election provision in the Cleveland city charter would allow future voters redress. 

The way the city charter is written at present, six consenting city councilors can appoint a person of their choosing and that unelected councilor would serve out the remaining three year term as if he were elected

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