Court Battle Expected From Mayoral Recall

    The three groups wanting Mayor Ron Littlefield out of office easily surpassed the City Charter requirement of 8,957 signatures. But numerous other questions are looming.

    Hamilton County Election Commission attorney Chris Clem says the issues are complicated, but in essence it's trying to put a square peg into a round hole. Clem elaborated saying state and city recall laws do not match. He and the Commission hope these issues will be resolved in Chancery Court. Clem says Mayor Littlefield's personal attorney, Howell North, told him he intends to file suit.

   The swirl of legal questions did not deter Chattanooga tea party members, Citizens to Recall Ron Littlefield or Chattanooga Organize For Action. Tea party members walked in their last recall signatures, estimated at 680, to challenge the top man in City Hall.

   All three groups combined for a total of about 1,000 signatures delivered today.The tea party says the last week gained the most momentum of the entire effort. Chattanooga tea party president Mark West explained the motivation, "I don't think you can ever have enough of a cushion, you know in a situation where there may be some type of legal battle or maneuver on the part of the mayor."

   NewsChannel 9 checked through the afternoon and by close of business, the mayor had not filed suit with Chancery Court but it's expected.

   A plethora of legal questions must be resolved: the City's requirement of 8,957 signatures versus the state's approximate 16 thousand. The City number is based on gathering 50% plus one of registered voters who voted in the last election. The state requirement is for 15% of all registered voters. Clem says he believes the City number will hold legal muster. He bases that on the change to the 2002 City Charter allowing for the lower number and several attorneys who have reviewed the issue and agree on the lower number.

  Chris Clem says the real problem may rest in the differences between state and city recall law. The state has a three step process: meeting the required number of signatures, "yes" or "no" on the ballot, and removal or staying in office depending upon the vote. The city only has two steps: number of signatures required and the recalled official can run again.

   U-T-C political science professor Bob Swansbrough says this dramatic recall step tapped into a national mood of frustration. "I think we've seen all year a climate generally of anger, fear."

    Swansbrough added along with the rarity of this recall movement, another unique aspect is the fact that it is a reaction to policy and not scandal. "We don't change things overnight. We elect leaders, we hold them accountable and that's what elections are. A recall normally is because of personal actions," Swansbrough said.

   But the tea party says this is not personal, it's a revolt against property taxes and stormwater fees. West pointed to Thomas Jefferson's famous statement: "When the peopleWhen the people fear their government, there is tyranny; when the government fears the people, there is liberty." In his own words, West said, "This is not about fear necessarily. We're not trying to evoke fear, but we do want a healthy respect from our elected officials to understand the plight of the people."

    Mayor Littlefield nor his attorney responded to NewsChannel 9's interview requests. But his director of communications, Richard Beeland, said the mayor would run and run stronger than ever. Early in the day, Beeland indicated new information related to this would be available, but that didn't happen.

   One other note, the Election Commission certifies the recall signatures next Wednesday, September 8th.

And its attorney hopes Chancery Court makes a ruling before that meeting.