MARC JACOBS
Hutch Post
HUTCHINSON, Kan. — A recall effort targeting Hutchinson City Council Member Stacy Goss may move forward after Reno County District Attorney Thomas Stanton found one of the committee’s allegations legally sufficient to support a petition.
Stanton issued his decision to the Reno County election office late Monday. He determined that the committee’s allegation of misconduct in office presented “clear grounds sufficient to support a recall.”
However, Stanton found the allegation that Goss contributed to a hostile working environment was insufficient as written. He said the committee would need to identify the specific actions that allegedly created the hostile environment before that claim could be included in the petition.
Stanton said in his decision that "The recall committee may revise the allegation to include specific instances of conduct that created hostile work environment within the 200-word limitation and resubmit the application for my review. For example, the statement can be revised to state, 'Ms. Goss created a hostile work environment by...' and then list the acts which caused the hostile work environment. Alternatively, the recall committee may remove the second allegation entirely and rely solely on the conflict of interest alleged in the allegation of the statement of grounds for recall."
The recall committee consists of Allison Reed, Malynda Jarrett and Tad Ramage. Its application alleges that Goss refused to recuse herself from an Aug. 27 executive session concerning a state law enforcement investigation involving the Hutch Rec Foundation.
The committee claims Goss had a conflict of interest because her husband serves as a trustee on the foundation’s board. It also alleges that she remained in the session despite advice from the city attorney that her presence would violate attorney-client privilege. According to the application, the council then canceled the confidential legal briefing.
The application further cites the resignations of former City Manager Enrico Villegas and former City Attorney Cody Smith, alleging they identified Goss’ conduct as a significant factor in a hostile working environment and the loss of city leadership.
The allegations are claims made by the recall committee and have not been established as findings of fact. Goss should be provided an opportunity to respond.
Kansas law limits grounds for recalling an elected official to a felony conviction, misconduct in office or failure to perform duties required by law. Political disagreement alone is not sufficient.
The district attorney’s decision does not determine whether the committee’s allegations are true. It determines only whether the allegations, if supported, satisfy the legal requirements for circulating a recall petition.
If the approved petition is circulated, the committee will have 90 days to collect signatures in person. The petition must receive valid signatures from registered voters in Goss’ election district equal to at least 40% of the votes used to calculate the requirement for that office. The Reno County election officer will determine the exact number needed.
Election officials would then review the submitted signatures. If enough are verified and the petition is certified, a recall election would be scheduled. Voters would decide whether Goss should remain in office, with a majority required to remove her.