Agoura Hills : Council to Appeal Ruling on Recall

The Agoura Hills City Council has voted to appeal a Los Angeles Superior Court judge’s decision that cleared the way for a recall election against Councilwoman Fran Pavley.

The city wants the state Court of Appeal to overturn Judge Diane Wayne’s June decision to uphold her order for a recount of 94 recall petition signatures that had been deemed invalid. The recount, completed last month, produced 2,436 valid signatures against Pavley, more than the 2,405 needed to force a recall election.

Some signatures were deemed invalid because voter registration cards were filed after the deadline set under the state Elections Code. Agoura Hills City Atty. Greg Stepanicich said Wayne’s decision--which essentially forced the city clerk to accept the late registrations--was contrary to the code.

Recall leader Barbara Murphy said the appeal, approved by the City Council on Wednesday, may delay the election until after November, which she said would work in Pavley’s favor. She accused the city of stalling.

“They know the longer it takes, the better it is for them,” she said. “And they have unlimited taxpayer dollars to fight this with.”

Pavley, who has 2 1/2 years left in her term, has said she will not seek reelection. Stepanicich said he did not know how long the appeal process would take.

“Election cases do get decided on a more expedient basis,” he said, “but that’s up to the Court of Appeal to decide.”

The recall, which originally targeted all five council members, began last summer after the council passed a 4% utility tax to help close what the city said was a $1-million budget gap. In the recall group’s view, the council was forcing taxpayers to pay the price for wasteful city spending--a charge the council denies.

After the city and Los Angeles County Registrar/Recorder’s office threw out hundreds of recall petition signatures on technicalities, the recall group sued for a recount. Wayne ruled against the recall group in all but Pavley’s case.

In a last-ditch effort on Pavley’s behalf, the city, saying the recall group had misrepresented facts, filed a motion asking Wayne to reconsider her recount order. But she refused.