Petition to recall Estes filed

A petition to recall Councilman Joseph Estes was filed with the city clerk’s office yesterday, the last day on which to submit the request. The petition contained 54 signatures including one duplicate. Fifty-three signatures were required.

The petition was submitted by a group led by Jim Gerard, who is a member of the city’s Public Safety Committee, which is appointed by City Council. Gerard said Dan Lathrop, a politically active resident, approached him in August about recalling Estes.

“He had been doing some research and felt there was a conflict of interest in his performance,” Gerard wrote in an email to inmaricopa.com. “After reading the Monitor article and researching his involvement in local development companies I agreed to join him. Since I had the least long term political goals, I offered to register the group with me as the chair.”

Despite only acquiring the minimum number of signatures required during the four-month process, Gerard indicated that many people – both outside and inside city hall – have concerns with Estes’ performance as a council member. “During these months we discovered there are a lot of people in all stages of the city government that felt he was using his influence to gain favor for his clients,” Gerard wrote.

Gerard did not provide details in his email on the allegations.

Estes said he was “humbled” by the fact that only 54 signatures were on the petition.

“It shows the support I have,” Estes said. “I never claimed to be perfect. I’m doing the best job I can.”

Estes stated that while he does not plan to seek re-election when his term expires in 2010, he will fight any recall effort. He did not seem concerned, however, that the measure would make it to the ballot this spring.

“I’m waiting to hear back from the city clerk as to whether or not the petitions are even valid,” Estes said.

Four petitions totaling 54 signatures were filed. Estes said the petitions did not include a statement of the grounds of the demand for the recall as required by law (click here to read Chapter 1 of the Arizona Revised Statutes).

The recall could also be voided if any of the 53 different signatures are not registered voters or are otherwise invalidated. Kimberly Diedrich, wife of city council candidate Carl Diedrich, signed twice bringing the total to 54.

When word of a potential recall broke this summer, Estes said he’d run for mayor if recalled from his council position. “I said that in jest,” Estes said Thursday. “It was not a formal declaration of any intention.”

What’s next? Here are the subsequent recall steps per City Clerk Vanessa Bueras:

1. Within 10 days after receipt of the petitions, the city clerk will prepare the petitions to be submitted to the recorders office for verification.
2. The Pinal County recorder then has 60 days after receipt of the signature sheets to check the signatures and report back to the city clerk.
3. After return of the petitions from the County, the city clerk has five (5) business days to determine whether or not there are sufficient, verified signatures to qualify for the recall. If there are sufficient signatures, the city clerk officially files the petition and notifies the mayor that a recall will be placed on the ballot.
4. Within 48 hours of the official filing, the city clerk must notify the officer (Estes) that a recall petition has been filed against him. The officer then has 10 days in which to file a statement of not more than 200 words defending his official conduct. If he files a statement, it is printed on the ballot at the time of the recall election.
5. If the officer does not resign within five (5) days, the city clerk calls the election within 15 days. The election must be held on the next consolidated election date that is 90 or more days after the call.
6. The officer’s name automatically appears on the ballot at the time of the election if he does not resign within the (five) 5 day period. Other candidates’ names may appear on the ballot if they have been nominated by means of a nomination petition containing five (5) signatures (two percent of the total of 274 ballots cast during the 2006 primary election). The filing deadline for the nomination petition for a recall election must be filed not more than 90 nor less than 60 days prior to the date of the recall election.

Photo by Mandy Hank