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Posted on 02/19/2003 12:05:54 PM PST by Hell to pay

By JAMES AMOS
The Pueblo Chieftain

The group seeking to recall four city councilmen on Tuesday submitted their petitions targeting council President Bill Sova.

Members of Puebloans for Common Sense in Government turned in petitions with an estimated 5,086 signatures to City Clerk Gina Dutcher- approximately 27 percent more than the 3,697 signatures needed to force a recall election against Sova.

The group is composed of bar owners and others unhappy about the city's now-suspended smoking ban, which initially passed in December on a 4-3 council vote. Sova was joined by Councilmen Mike Occhiato, Bob Schilling and Ted Lopez Jr. in voting for the ban.

Recall petitions targeting the other three council members are expected to be submitted by Friday.

Sova was unfazed by the news.

"It's a citizen's right to recall elected officials," he said. "I'm sticking by my principles. I don't regret anything I've done."

Recall petitions naming Occhiato, Schilling and Lopez Jr. are still being circulated by the Common Sense group.

Referring to the deadline for his recall petitions coming before those of the other council members, Sova said "I'm honored that they thought of me first."

Cheyenne Ross, an attorney working with the Common Sense group, said the group already has enough signatures to force recall elections for two of the other three council members, but she declined to say which ones.

Reports last week that the group needed more signatures than originally anticipated helped get the drive going again, Ross said.

The group earlier had submitted more than 10,000 signatures to get the city's new smoking ban suspended and reconsidered by council.

Ross said it was harder to get signatures for the four recall drives.

"People lost momentum," she said. "They didn't realize it isn't over."

That momentum picked up again after a city official told Common Sense representatives last week that it would need an additional 2,000 signatures to force all four council members to face a recall election.

Common Sense members worked until midnight Tuesday night in bars and restaurants to gather the last signatures, according to Ross.

Ross said the group feels the four council members, or at least a few of them, must be removed from the council.

"Without the effort to change the mix, the same people are making the decisions," Ross said. "We think we can do better."

Dutcher will now check the petitions to make sure enough signatures are from registered voters. Her office has 10 days to certify the petitions, after which City Council must schedule an election within 30-40 days.

If the petitions come up short, Common Sense members will have another 10 days to get more signatures, Dutcher said.

If the petitions don't have enough signatures, but have more than the minimum number originally quoted to Common Sense members, they may fight the issue in court, Ross said.

Common Sense members think the higher minimum announced last week is just an attempt by the city to derail the recalls.

Council must either repeal the smoking ban or allow voters to decide if they want to keep it, or return to the city's previous smoking law. The new ban forbade smoking in almost all indoor public areas and guaranteed employees a smoke-free work environment.

Council hasn't scheduled an election for the ban question and Sova said he'd be in favor of putting it on the same ballot with the recalls if those happen.

"That way we can end some divisive issues real quick," he said. "I really think that it would be appropriate."

Dutcher said she may start accepting applications for candidates to run against the targeted council members as soon as it's clear there will be a recall election. The city must determine how the candidates are to be nominated since the regular procedure may be too long for the recall election.

Common Sense doesn't have any candidates to run against the incumbents, Ross said, although some people have expressed their interest. She didn't know to what extent Common Sense would back or support any candidates seeking to replace the council members.

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