MARC JACOBS
Hutch Post
HUTCHINSON, Kan. — A group of Hutchinson residents is seeking to recall City Council member Stacy Goss, alleging misconduct in office and failure to perform duties required by law.
A signed application for a recall petition identifies Allison Reed, Malynda Jarrett, and Tad Ramage as members of the recall committee. The document has been filed with the Reno County Clerk's office.
The allegations in the application are claims made by the recall committee and have not been established as findings of fact.
The committee alleges Goss refused to recuse herself from an Aug. 27 executive session concerning a state law enforcement investigation involving the Hutch Rec Foundation. The application claims Goss had a conflict of interest because her husband serves as a trustee on the foundation’s board.
It further alleges that Goss remained in the session despite advice from the city attorney that her presence would violate attorney-client privilege. According to the application, the City Council then canceled the confidential legal briefing.
The committee also states that former City Manager Enrico Villegas and former City Attorney Cody Smith identified Goss’ conduct as a significant contributor to a hostile working environment and the loss of administrative leadership. Villegas and Smith resigned from their positions earlier this month.
Goss should be given an opportunity to respond to the allegations.
Filing the document is only the beginning of the recall process and does not automatically place the issue before voters.
Under Kansas law, most elected public officials may be recalled, although judicial officers are exempt. Permitted grounds are limited to a felony conviction, misconduct in office or failure to perform duties prescribed by law. Kansas law defines misconduct in office as a violation of law that affects the official’s ability to perform official duties. Political disagreement by itself is not listed as grounds for recall.
Before a local recall petition may be circulated, a copy must be filed with the county election officer. The county or district attorney has five business days after receiving the document to decide whether the stated facts legally support the grounds for recall and whether the petition substantially follows the required form.
That review does not determine whether the allegations are ultimately true. It determines whether the allegations, if supported, meet the legal requirements for proceeding with a recall effort.
If the grounds are found sufficient, the committee has 90 days to collect signatures in person. Kansas law requires valid signatures from registered voters within the official’s election district equal to at least 40% of the votes cast for candidates for that office during the general election for the current term.
For an office in which more than one candidate was elected, the total number of votes cast is divided by the number of positions filled before the 40% requirement is calculated. The Reno County election officer would determine the exact number of signatures required.
Once submitted, election officials would have 30 days to review the petitions and verify whether enough eligible voters signed them.
If the petition is certified, a recall election would generally be held between 60 and 90 days after election officials determine that it was properly filed. The ballot would ask voters whether Goss should be recalled from office.
A majority of votes cast would be required to remove Goss. If the recall passed, the council seat would become vacant the day after the election results were certified and would be filled under the normal process for council vacancies.
Kansas law does not allow a recall petition to proceed during the first 120 days of an official’s term or within 180 days of the end of the term. Only one recall election may be held against an official during the same term.