Recalled Fullerton Officials Offer Not to Run in November : Government: Two council members tell judge they will sit out the general election if the October special ballot is canceled.

Two of the three Fullerton City Council members recalled last month will ask a Superior Court judge today to cancel an October special election in exchange for guarantees that they will not seek reelection in November.

Mayor A.B. (Buck) Catlin and Councilwoman Molly McClanahan say they will not run in the Nov. 8 general election if Judge Donald E. Smallwood will set aside his recent decision calling for a special election on Oct. 18. The election was scheduled to replace the recalled council members, including Don Bankhead.

Last week, Smallwood sided with the Fullerton Recalls Committee, which had sued the city and City Clerk Anne M. York over the city’s plan to have the special election coincide with the Nov. 8 general election.

Members of the recall committee were unhappy about the city’s decision to consolidate the two elections because it would keep the recalled council members in office longer and leave them eligible for reelection. A separate special election would preclude them from running for City Council.

At last week’s hearing, Smallwood questioned whether Catlin and McClanahan would run in the consolidated election. Their four-year terms expire in November, and the winners of an October special election for their seats would hold office for little more than two weeks.

“It would seem to me that if (McClanahan and Catlin) would disavow (any intention of) running for reelection, then theoretically the voters would have a clean slate” when voting in the November general election, Smallwood said Friday before making his ruling. “Obviously, they have a right to run. . . . I’m just seeing it as a way of resolving this dispute.”

Recall committee members said the purpose of an October special election was to replace the recalled officials as soon as possible. City officials estimate that it would cost taxpayers about $50,000.

Bankhead’s term will not expire for another two years, so the winner of a special election for his seat would hold office until 1996. Bankhead has taken out nomination papers to seek reelection to a new four-year term in November.

Philip D. Kohn, the attorney for York and the city, said he discussed Smallwood’s comments with Catlin and McClanahan, who both decided to act on the judge’s suggestion.

They indicated that if there were no special election, “they would agree not to run as candidates in November. I think that’s a pretty unselfish and courageous thing to do,” Kohn said. “It would save a hell of a lot of money and a lot of confusion.”

Mark S. Rosen, the attorney for the recall committee, said he will ask Smallwood to “stick to his guns” and stand by his ruling.

“McClanahan and Catlin want to sacrifice themselves to save any embarrassment to the city clerk,” Rosen said. “And, in the meantime, they get to stay in office.”

But McClanahan said the law requires recalled council members to stay in office until they are replaced.

“I want to do something that is the least confusing to voters and as financially responsible as possible,” she said. “I’m happy to give my word that I will not be a candidate in November, and I’m not (on the council) to play games. I’m there to serve until I’m replaced.”

The recall effort began last year when Catlin, McClanahan and Bankhead voted for a 2% utility tax despite opposition from hundreds of residents. York became a recall target because she delayed the recall process by rejecting the recall petitions for exceeding the legal word limit.