Categories
Accountability First Amendment rights incumbents local leaders Regulating Protest U.S. Constitution

Homer’s Recall Odyssey

Sharing

Freedom of speech isn’t a free pass to avoid the consequences of what one says. Or does. Tell that to three members of the Homer, Alaska, city council — Donna Aderhold, David Lewis and Catriona Reynolds — who are the subject of a recall petition.

Well, a superior court judge just did.

Represented by the ACLU, the trio sued to block a recall petition with more than enough voter signatures. Their lawsuit challenged the city attorney’s acceptance of the legal rationale for the recall, claiming the recall attempt punishes the politicians for their speech.

“To conclude that anytime a recall petition is based in part or in whole on what a politician said is protected by the First Amendment,” Superior Court Judge Erin Marston ruled, “would be to eviscerate the recall statute to such an extent that the populace would almost never be able to seek recall of any of their elected officials.”

Now the recall moves forward.

In most of this Land of the Free, citizens lack the ability to recall their elected officials. In places that do have the process, it is rarely used. When it is used, it is often portrayed as voters throwing a temper tantrum.

Or an unfair election do-over.

Or mean-spirited ‘vendetta politics.’

Not so. The petition requirements make recalls very difficult. Recalls don’t happen without some serious problems with the current officeholder(s). And once a recall is triggered, there follows a democratic vote to decide whether citizens want to keep the sitting hireling or find someone new.

Seems pretty reasonable.

When politicians are recalled and removed, they deserve it.*

This is Common Sense. I’m Paul Jacob.

 

* The problem seems never to be that good politicians are being recalled, but that too many politicians who should be recalled are not. Back in 2003, the governor of California was recalled. He deserved it. In 2011, a whopping 88 percent of Miami-Dade County voted to recall Mayor Carlos Alvarez. He earned it, too.


Printable PDF

 

5 replies on “Homer’s Recall Odyssey”

It is the consequences of free speech and representatives’ actions which are the underlying premise of self-government.  For current “representatives” reelection and preservation of power are their goals.  There is an inherent conflict. So it is, and so shall it ever be.  That is the reason for term limits which I know, Mr Jacobs, are so dear to your heart. 

Good point, Paul. Initiative, referendum, and recall… the Big 3 that we were all taught were contributions of the progressive movement (Robert LaFollette?) in the early 20th century. My feeling remains, however, that they are a weak substitute for the real solution: PRIME (People’s Restored Independent Multilevel Everywhere) grand juries (http://www.amazon.com/The-Hidden-4th-Branch-Governments/dp/1456566660/?tag=thecofcoa-20)… which the elites tried to take off the table by corruption (procedural statutes) in ~1946(?). Public officials fear little from recalls, but they sure would be concerned about an indictment (presentment) by a PRIME gj for gross official misconduct in office.

Thank you Paul. i live in Homer and am part of the pro-recall group. Because we objected to a sanctuary city/inclusivity resolution and started a recall, we’ve been branded by a slew of names, including of course what all Trump voters are- ‘racist’ ‘intolerant’ ‘stupid’ etc etc. We’ve had enough.

“The petition requirements make recalls very difficult. Recalls don’t happen without some serious problems with the current officeholder(s). And once a recall is triggered, there follows a democratic vote to decide whether citizens want to keep the sitting hireling or find someone new.”? Paul, do some research before spouting this blather. Two extremely reliable different sources, one being a Supreme Court Justice in Alaska, have both reviewed the laws on recalls in the State of Alaska and concluded the law is written SO leniently and vaguely that nearly anything can result in a recall election, that is, in fact, the only reason this recall is going through. Both the attorney for the City of Homer and the Judge saw that there were likely not merits to issue a recall petition here, only that the law is written vaguely enough so that the citizens can recall anyone for anything, anytime they see fit. Do some research before writing articles on topics you know nothing about. Sincerely, a lifelong Homer, Alaska resident.

Leave a Reply to drrik Cancel reply

Your email address will not be published. Required fields are marked *