FULLERTON : 15 Protest Handling of Recall Election

Fifteen angry residents picketed City Hall Tuesday morning to protest City Clerk Anne M. York’s handling of a recall election of the mayor and two city council members.

The residents, mostly Fullerton Recalls Committee members who successfully campaigned for the recall of Mayor A.B. (Buck) Catlin and council members Molly McClanahan and Don Bankhead, want to have the special election in October instead of consolidating it with the November general election.

They charge that York is denying residents the special election by combining it with the Nov. 8 general election. By doing so, it allows Catlin and McClanahan to serve in office until their four-year terms expire in November.

By law, recalled officials cannot run in a special election meant to replace them. Because Catlin’s term and McClanahan’s term end in November, any one of the recalled council members could run for those two seats because it’s part of the general election, city officials said.

That means Bankhead’s seat, which expires in 1996, would be up for replacement in the special election. The council formerly voted for consolidating the elections at Tuesday’s afternoon meeting.

Under the California election code, a special election must be held from 114 to 129 days after the day the results are tallied. In Fullerton’s case, the county registrar of voters completed certifying the June 7 recall election results June 16, city officials said.

The state election code also gives York up to 28 days to prepare a certified statement of the results to submit to the City Council. Tuesday was the last day for York to submit the results to the council, which she did. That made the election in October impossible.

Some of Tuesday morning’s protesters later spoke to the council urging it to hold a special election in October.

“The people of Fullerton have said they do not have confidence in you,” Hal McDonnel said. “Resign now.”

Council supporters said consolidating the election is a responsible move.

During the demonstration earlier, protesters wore red, white and blue hats and T-shirts and carried U.S. flags and placards that read: “York thwarts will of the people,” “Taxpayers demand our vote now” and “Special election now!”

They sang “America” before storming into the building to hurl questions and accusations at York.

“Why didn’t you call for a special election” immediately? W. Snow Hume, a recall leader, asked in a loud voice.

York, who defeated a recall effort against her, said she was acting on what City Atty. R.K. (Kerry) Fox said was legal.

“I am not ignoring the recall,” York told the protesters.

Fox defended York. He said she has not broken any laws.

Nevertheless, Hume threatened to sue York on the grounds that she purposely delayed certifying the recall election results so the special election could be consolidated with the general election, thus canceling the special election for Catlin and McClanahan.

Members of the recalls committee “tried to recall (York) because she was following the law,” Fox said. “They want people to do what they want them to do. If the law is otherwise, then they still want you punished. . . . It’s all very confusing.”

The recall effort began last year when Catlin, McClanahan and Bankhead voted for the 2% utility tax despite opposition from hundreds of residents.