OMAHA, Neb. (KMTV) — Any registered voter can submit a recall for an elected official.
Here is the recall timeline when it comes to City Council members:
- Once paperwork is filed with the Election Commission, the Election Commission notifies the city council member within 5 days.
- The council member has 20 days to write a defense statement if they would want to.
- The Election Commission then has 5 days to put the paperwork together; with statements from both sides, if provided.
- Once the paperwork is ready, the individual who submitted the recall has 20 days to pick them up from the office.
- They have 30 days from pick up to gather the required number of registered voter signatures, from that district.
- The Election Commission then has 15 business days to verify signatures.
- If there are enough verified signatures, the council member has the option to resign.
- If they choose not to resign, a special election for the recall would be scheduled with City Council.
- If a majority of the votes are in favor of the recall, the seat would become vacant.
- Then the remaining council members would appoint the replacement.
Douglas County Election Commissioner Brian Kruse said it's uncommon, especially to have more than one recall.
"In modern times, I am going to say in the last 20, 30, 40 years, we've never had two petitions that have been taken out at the same time," Kruse said.
On April 27, a recall was submitted for Councilman Vinny Palermo. On June 6, a second recall was submitted but this time for Councilman Danny Begley. Both stem from Vinny Palermo's absence from the council as he will be held in jail until trial.
"I think the people of South Omaha should have a voice in this and not just have it be someone on a six-panel already existing government body and have them choose. I think the people of South Omaha should have a voice," said Michael Pilypaitis, a resident of District 3.
Pilypaitis doesn't live in Palermo's district, but he wants to know why there just can't be a special election. So he asked his council member, Danny Begley, for an answer.
"To be told, that it's not possible. That I didn't feel that that was honest and so that is why I petitioned to recall," Pilypaitis said.
Danny Begley said he explain the council's process to Pilypaitis over the phone.
"Had a good conversation with him and I appreciated him reaching out. Because it is a process that a lot of people have questions on and I answered his call in a timely manner, to the best of my ability with all the information that I could provide him," Begley said.
3 News Now was provided a recording of that conversation and heard Begley's response, but to verify the answer we asked the Omaha City Attorney what that process is for filling a vacant council seat.
"Right now with the current state of the law, as it is, there is no provision that would allow for a special election," said Matt Kuhse, City Attorney.
At this point, Palermo is still the council representative for District 4. He is allowed to miss three months of unexcused meetings. At the 90-day mark, which would be July 25, Palermo would be notified about his absences and forfeit his office. The following week the council would vote on a resolution saying Palermo forfeited his office, which would officially make the seat vacant.
Kuhse said according to state law and the Omaha Charter "that vacancy is filled by the remaining council members."
The council has to figure out the process they want to use to fill seats, like reviewing applications. "We don't know how many applicants there's going to be. Could be 5, could be 50 and there has to be some screening and vetting to make sure that do you live in the district, have you lived there for six months," Kuhse said.
And ultimately the remaining six members of the council, not residents, vote for the replacement.
These processes are based off of the State Law and City charter as they stand now.
3 News Now Reporter Molly Hudson asked about the process of submitting an initiative petition to amend a section of the charter. City Attorney Matt Kuhse pointed us to Omaha City Charter Section 2.18. In this process, any registered voter can submit a petition form, "in the form prescribed by the City Clerk, and shall be filed with the City Clerk."
However, Kuhse said the Omaha Charter "can't conflict with state law", meaning when it comes to a special election for filling a vacant council seat, state law would also have to be changed.
As far as the status of the two recall petitions right now, Councilman Begley has time to submit a defense, which he said he plans to do.
For the Palermo recall submitted, the papers are ready to be picked up, to begin getting signatures and must be picked up by the end of the day on June 16.
For both cases, they have 30 days from pick up to get the required number of signatures from the district.
For Begley, that is 4,483 signatures. For Palermo, that is 2,462 signatures.
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