Council to review charter on recalls

With part of the Chattanooga City Charter ruled invalid Tuesday, members of the City Council said they want to begin another rewrite of the charter to ensure it complies with state statutes.

Peter Murphy, chairman City Council’s Legal and Legislative Committee, said his committee is willing to work with city attorneys to avoid the type of confusion that led to a judge rejecting the largest recall petition campaign in Chattanooga history.

“To engage in the type of civic involvement that you did and for that all to come as you say to naught, I’m sure is very frustrating,” Murphy told recall supporters during Tuesday’s City Council meeting. “My impassioned call is for us to bring clarity to this situation so that my constituents will know exactly what it takes to recall me or any city elected official.”

Circuit Court Judge Jeff Hollingsworth ruled Tuesday that Chattanooga’s City Charter adopted by voters in 2002 did not comply with a 1997 state law for recall elections.

During a listening session Tuesday night, more than a dozen recall supporters questioned why the City Charter does not spell out the proper legal procedure for recalling the mayor or members of the City Council.

“We feel like we are in a carnival shell game with the city government,” said Charlie Wysong, one of the organizers of the campaign to recall Mayor Ron Littlefield.

City Attorney Mike McMahan insisted the City Charter is valid except in areas like the recall provision where it may conflict with state law.

But finding all of the discrepancies between state law and the City Charter could take the city attorney’s office months, McMahan said. Any changes in the City Charter must be approved by city voters, which couldn’t come before the next general election in August 2012.

“There is not going to be quick fix,” said City Councilman Jack Benson, who recalled the monthslong review of the charter by the council before the 2002 vote on the last rewrite of the city statutes. “We did a lot to clean up the charter in 2002, but there were some oversights, and I’m sorry about those.”