By ZACHARY FRANZ
Bismarck Tribune
The petitions to recall most of the Mandan City Commission are valid and a special election will be held to fill the positions, Mandan city adminstrator Jim Neubauer announced Wednesday.
"I guess my attitude is, bring it on," said Mayor Ken LaMont, one of three targeted in the recall. The other two are city commissioners Dan Ulmer and Sandy Tibke.
Mandan attorney Ben Pulkrabek filed.... petitions on June 14 for the recall of the officials, based on displeasure with the oil clean-up settlement.
"They should have tried that case," Pulkrabek told the Tribune on Wednesday. "They settled for way too low. If they can get the fuel out for the price they got, I'll admit I was wrong, but I don't think they can do it."
It was the second time he had filed such petitions. The first time, the petitions were deemed invalid because some people had signed other people's names.
Deputy Auditor Phyllis Hager and office staff reviewed the new petitions to make sure that names weren't repeated and that signatories lived within city limits. They also randomly called some people whose names were on the petition to insure they had actually signed, according to a news release from the city.
To be valid, the petitions needed at least 492 signatures - 25 percent of the voters in the election prior to the circulation of the petitions. Pulkrabek submitted 581 signatures for LaMont, 570 for Tibke and 565 for Ulmer, the news release said.
By law, the city must now hold a special election for the three positions. The special election will be held in conjunction with the November general election, according to the news release.
Normally, state law requires special elections to be held within 50 to 60 days after recall petitions are validated, but there is an exception for when a general election is scheduled within 90 days of that time period. The next general election, Nov. 7, meets that criteria.
In the meantime, LaMont said he plans to stay the course.
"I firmly believe we're on the right track," he said. "We've done everything we humanly can for the city of Mandan."
Unless the three elected officials resign within 10 days, their names will automatically appear on the ballots. Anyone else who wants to run must get a petition from City Hall and gather a minimum number of signitures. The required number is 10 percent of the voters in the most recent election. Hager suggests gathering at least 300 signatures to assure sufficiency. Candidates running for the recalled positions must file the signed petitions by 4 p.m. Sept. 8.
Ulmer said he feels confident about the special election, and that it has been a distraction to the commission.
"I think generally we'd like to get this nonsense over with," he said.
Ulmer said the city made the best choice available in regard to the fuel settlement, and that those behind the recall offered no input at the time.
"These are after-the-fact Monday morning quarterbacks," he said. "I don't know any of these people - I never saw any of those people at any public meetings, including - and probably especially - Pulkrabek."
Tibke did not immediately return calls to the Tribune.
Pulkrabek said he does not intend to run for any of the offices.
"I did the recall, now it's up to other people if they want to be candidates," he said.
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