Judge Upholds His Order for Special Election in Fullerton : Ruling: Two recalled council members had pledged not to run in November if the October vote were abolished. Still, they say they do not plan to seek reelection.

An Orange County Superior Court judge Tuesday upheld his own ruling, ordering a special October election to replace the three recalled members of the Fullerton City Council.

Judge Donald E. Smallwood denied the city’s request that he reconsider last week’s order that the city hold a special election on Oct. 18. Two of the council members who were recalled last month, Councilwoman Molly McClanahan and Mayor A.B. (Buck) Catlin, had promised not to run for reelection in the November general election if the judge would rescind his order.

After Tuesday’s hearing, McClanahan said she was disappointed with Smallwood’s decision. But, she said, the decision will not affect her promise.

“I’m not going to run,” McClanahan said. “I do not play games with the electorate, and my word is good.”

Catlin said Tuesday that he also will not run for office in the general election.

The Fullerton Recalls Committee had sued the city and City Clerk Anne M. York over a decision to have a special City Council election coincide with the November general election. Committee members were outraged over the consolidation of the elections because that would keep the recalled council members in office a few weeks longer and would leave McClanahan and Catlin eligible to seek reelection.

But by law, McClanahan, Catlin and the third recalled council member, Don Bankhead, may not run in the special election.

Whoever replaces Bankhead will serve until his term expires in 1996. Those who replace McClanahan and Catlin will serve for about two weeks, because their terms expire in November.

City officials said they wanted to consolidate the two elections to save money.

The June 7 recall election cost the city about $129,000 and the October special election is expected top $117,000, McClanahan said.

“I think that’s atrocious,” she said. “I’d rather spend the money on library books.”

McClanahan added that Smallwood’s ruling will be confusing to voters because they now will be asked to go to the polls twice in two months.

The City Council next week will consider whether to appeal, City Atty. R.K. (Kerry) Fox said.

But Judge Smallwood said in his ruling that any appeal “shall not operate as a stay of execution in that the court finds that the (Fullerton voters) would suffer irreparable damage” by being denied the right to a special election.

About a dozen Recalls Committee members left the courtroom pleased with the judge’s decision. Their attorney, Mark S. Rosen, called it “a 100% total victory.”

“The law is clear-cut,” Rosen said. “There should be no dispute. The city should have called (an October) election in the first place.”

W. Snow Hume, Recalls Committee secretary, said the committee would not tolerate a consolidated election.

“To do so would be to condone an illegal act. . . . We cannot be bought. We’re not for sale at any price.”

Meanwhile Tuesday, York opened the filing period for nomination papers for the Oct. 18 special election.

She said 14 people have taken out papers to run. The filing deadline is Aug. 11 at 5 p.m.

“This is going to be very, very expensive,” said York, the only one of the four city officials who survived recall in the June 7 election. “I’m just going to run the elections and do what I’m directed to do at this point.”

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