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Recall petition, aimed at Baxter Springs mayor, rejectedJun 27, 2012 (The Joplin Globe - McClatchy-Tribune Information Services via COMTEX) -- BAXTER SPRINGS, Kan. -- Mayor Jenifer Bingham at Tuesday night's Baxter Springs City Council meeting read a letter from Cherokee County Attorney John Bullard in which he rejected a petition aimed at recalling her. Bullard on Wednesday also said that the Kansas Bureau of Investigation has declined to investigate City Clerk Donna Wixon. Bingham has claimed that the investigation had begun. Bingham, who said she attended the meeting despite recovering from recent thyroid surgery, said she was pleased with the county attorney's decision related to her recall. City government has been in an uproar since the April 10 council meeting, when Bingham sought to appoint people to replace Wixon and police Chief David Edmondson. The council voted 6-2 against the mayor's appointments. Bingham initially suspended Wixon with pay, but the council took action to restore her to her job. RECALL The petition effort to recall the mayor was organized by former council members Larry Warner and Sandy Snider, and Baxter Springs School Board member Joseph Skye. The group alleged that the mayor made untrue claims alleging that council members violated the state open-meetings law and that she had a photograph proving the claims. "Even if taken at face value, it is my opinion that the facts set forth in the petition do not support valid grounds for recall," Bullard wrote in a letter dated Monday that Bingham read at the meeting. Bullard said by phone on Wednesday that even if the allegations are true, they don't meet the standard set by state law for misconduct in office. Bullard previously had allowed the circulation of petitions by the mayor's supporters aimed at recalling council members Robert St. Clair, Gary Allen, Ron Costlow and Ed McAfee. The council members are opposed to the mayor's recent actions. The grounds for those petitions were that the four violated the state open-meetings law. Bullard said of those petitions that he took the allegations at face value and didn't seek any evidence of the alleged violations. Kevin Cure, an attorney hired by the six council members opposed to Bingham, has said he will file a legal challenge to that ruling. He said Bullard had an obligation to determine the validity of the claims. Cure said by phone that those who sought to circulate the petition aimed at recalling the mayor also have grounds to challenge Bullard's decision to reject it. Cure contended that Bingham's statements represent criminal false communication, a misdemeanor violation of state law and therefore a valid reason for recall. The offense is defined as communicating information that a person knows to be false, and that exposes another person to public hatred, contempt or ridicule. Bullard said he would rather be doing anything other than being in the middle of the controversy in Baxter Springs. "I'm not taking sides," he said. "I don't know any of the parties involved. I wish they could get past their differences and work for what's best for Baxter." NO INVESTIGATION Bullard said he received a letter this week from KBI Director Kirk Thompson stating that the agency declined to investigate Wixon, the city clerk. Bullard said Bingham had not asked him to seek the investigation, but that he had received a request. Bingham has said at several meetings that Wixon was under investigation. She has said that Wixon received free cable television service, but Wixon and Councilman Allen have said the arrangement was authorized by the council. Wixon was to monitor the city-owned service and notify a technician if there was a problem. "They (the KBI) gave several reasons" for declining to investigate, Bullard said. "One of the primary reasons is she had approval of the City Council, so it wasn't worthy of investigation. That's the impression I got." Bingham also has suggested possible financial misdeeds by Wixon. "She's been subject to an annual audit every year by an independent CPA (accountant), and no wrongdoing has ever been found," Cure said. "So it's not surprising that the KBI isn't proceeding with an investigation." Cure said it has been irresponsible of the mayor to claim there was an investigation. "I think it was political grandstanding," Cure said. "I think that's the essence of it." Bingham, after consulting with her attorney, said by phone that she stands by her statements. She said regardless of what the KBI has decided, an internal investigation was conducted. "We brought forth responsible evidence, and whatever that office decides is in their power," she said. She said she thinks some decisions are being made based on politics rather than what is in the best interest of residents. "There is no denying the evidence we brought forward," she said. Cathy Bolek, a Bingham supporter and an organizer of the recall petitions naming four of Bingham's opponents on the council, said at Tuesday night's meeting that her group wasn't trying to take anyone's job. "We just want to get our city back," she said. She said she's convinced that when Bingham was elected last year and two new council members were elected this year, it was a signal that residents wanted a change in direction of city government. Four incumbent council members last year were re-elected, three of them without opposition. In April, two incumbent council members were re-elected without opposition. "It's not a personal matter," Bolek said. "You've blocked the mayor from doing any work." Comments MAYOR JENIFER BINGHAM on Tuesday night said someone had been using the Facebook page of the Baxter Springs Police Department to make inappropriate personal comments. "This is not a forum for personal rants and opinions," Bingham said. ___ (c)2012 The Joplin Globe (Joplin, Mo.) Visit The Joplin Globe (Joplin, Mo.) at www.joplinglobe.com Distributed by MCT Information Services |