Article published Feb 26, 2008

Shelter critics take recall petition to court

By KARL PUCKETT

Tribune Staff Writer

Opponents of a controversial city takeover of the Great Falls animal shelter on Friday asked for a judge's help in getting three elected city officials tossed out of office.

Citing poor service, the city took over the animal shelter in July from the Humane Society of Cascade County. Since it took over, the city has been accused of animal neglect.

A police investigation found no foul play on the city's part, but the city has hired a lawyer to conduct an independent probe.

The latest twist in the saga came Friday, when Pam Hendrickson, a former Humane Society board member, asked Cascade County District Judge Thomas McKittrick to order Deb Mart, the election supervisor for Cascade County, to certify a recall petition.

Three times since January, those critical of the city's takeover have asked Mart to certify petitions seeking recall elections of Mayor Dona Stebbins and commissioners Bill Beecher and John Rosenbaum.

Mart's OK is necessary before petitioners can set about gathering signatures from 20 percent of the registered voters, which is required before a recall election can be called. That's about 7,480 signatures.

On the advice of the county's legal counsel, Mart has refused, saying the misconduct charges outlined in the petitions lack the specifics required by state law.

Cascade County now has 20 days to file its response to Hendrick's request for the court order.

In her petition, Hendrickson cites several reasons for the removal of the elected officials, including failure to oversee the shelter operations.

"They are not specific enough in the charges," Mart said.

Brian Hopkins, the county's chief civil attorney, said the reasons an elected official can be recalled are physical or mental lack of fitness, incompetence, violation of oath of office, official misconduct or conviction of a felony offense.

In a letter advising Mart on how to proceed, Hopkins wrote it's a matter of fairness that subjects of a recall be informed of the exact allegations. The public also must be fully informed about the basis of the charges, Hopkins said.

"How did they fail to oversee shelter operations?" Hopkins wrote.

Hendrickson could not be reached for comment on Monday.