Killeen Residents Await Certification of City Council, Mayoral Recall

Killeen residents continue waiting for a determination regarding the recall of their city council and mayor. The recall effort comes in the wake of a March 29 Killeen City Council vote whereby a 4-3 decision approved a $750,000 contract buyout for former City Manager Connie Green. Between paying about $200,000 more than the contract provided and failing to offer taxpayers a credible explanation for the buyout, Killeen voters are attempting to hold their officials accountable.

Per the Killeen City Charter, the city clerk is to examine the recall petition "at once" and if found sufficient and in compliance with the charter, submit the petition as certified to the city council within five days and notify applicable officials of the recall action. If the official whose removal is sought does not resign within five days after the notice, the city council is to determine a recall election date.

It's been nearly two weeks since petition drive organizer Jonathan Okray delivered city council recall petitions signed by "qualified electors" to Killeen City Secretary Paula Miller and nearly one week since delivery of petitions for Mayor Timothy Hancock's recall.

In another twist, the May 14 election had four of the seven council members facing re-election. Three councilmen - Juan Rivera, Kenny Wells and Ernest Wilkerson '" were unopposed. JoAnn Purser, however, had two opponents and lost Saturday's race to challenger Terry Clark.

How this election might impact the recall process remains to be seen. Citing concerns, Okray requested an "urgent ruling" in a May 11 e-mail sent to City Attorney Kathy Davis:

I am writing you to request that you provide an urgent ruling on the impact of recall of our City Council. I am concerned about indefinite delay in results of recall petitions submitted on May 3, 2011. I am concerned about the ramifications delay may have before or after our regular election. What are the likely scenarios of delay? What impact, if any, may delay of recall results and resulting notification have on Council Members deemed elected but await election certification? Which term of office may recall affect or be applicable to? The impact delay may have on our current election and the impact current election may have on the recall process is an immediate concern.

The results of recall are the crux of many of my questions of concern. My unqualified assumption is that the spirit and letter of ''¹..."at once' is indicative of a time frame reasonably responsive and reflects intent which support recall processes within our Charter. I appreciate any insight you may provide that may assuage my concerns.

Davis replied on May 13:

First, I apologize for not getting back to you sooner. I was out of the office and unable to access my e-mail.

I understand your concerns, and I can assure you that Mrs. Miller is spending every available minute in her work day attending to the petition verification process. I'm sure we can all agree that the accuracy and completeness of the review is the most important consideration. As soon as her review is complete, the results will be made public.

I am also aware of the possibility that various arguments may be raised as to the legality of the recall process contained within our Charter. If legal challenges are pursued, I will address them at the appropriate time, and in the appropriate venue. This office is following the Charter as written and intends to continue unless otherwise instructed by the appropriate judicial authority.

It is likely that some "judicial authority" will become involved as a recall of four or more council members would thwart attaining a quorum thus requiring one of Bell County's district judges to order the election and to ensure adherence to other charter provisions.

A recent Killeen Daily Herald article in which elected officials questioned mechanics of the recall process as dictated by their own city charter further suggests legal challenges - real or contrived - are likely ahead.


For more information:

Learn How to Amend Your City Charter

Killeen City Charter

Killeen City Council faces recall after $750,000 city manager 'buyout' vote (April 11, 2011)

Killeen city council, mayoral recall efforts gain momentum (April 29, 2011)

Monday marks final day to sign Killeen mayoral recall petition (May 8, 2011)