FULLERTON : Group Recovers Fees but Won’t File Suit

A Superior Court judge Tuesday ordered the city to pay the Fullerton Recalls Committee about $8,750 to cover attorney fees and court costs stemming from a recent lawsuit the committee won to force a special recall election in October. The committee had hoped to recover about $10,000.

Departing from an earlier plan, recall members said they will not use the recovered fees to file a lawsuit seeking to keep recalled Councilman Don Bankhead from running in November for a four-year council term.

Judge Donald E. Smallwood, after making his ruling on the fees and costs, said he hoped the group could avoid further lawsuits and settle its issues at the ballot box.

W. Snow Hume, secretary of the recall committee, said the group considered the judge’s words and will hold off filing a lawsuit against Bankhead pending the outcome of the November election.

After consulting with attorney Mark S. Rosen, who has represented the committee, Hume said he thinks a lawsuit at this time would be “premature.”

If Bankhead should win election in November, Hume said, the group would file suit.

Bankhead’s term was to expire in 1996.

Rosen said he thinks the committee would have had a good case against Bankhead had they proceeded immediately with a suit.

Bankhead has said the threatened legal action against him is “ridiculous.”

The councilman, along with colleagues Molly McClanahan and A.B. (Buck) Catlin, was ousted in June in Orange County’s first successful recall election since 1989. The recall was fueled by anger over a 2% utility tax the three lawmakers passed last summer to balance the city’s budget, despite protests from hundreds of residents.

In accordance with state law, the recalled council members will remain in office until a special election to replace them is held Oct. 18. All have been prohibited from running in the special election.

Bankhead recently submitted papers to run for the council in November’s general election, which is not affected by the special recall election.

The city had initially sought to combine the recall election with November’s general election in an effort to save money. But Smallwood ruled in favor of a lawsuit filed by the Fullerton Recalls Committee and ordered the special election in October instead. The City Council announced earlier this month that it would not appeal the judge’s decision on the special election.