A group of local citizens recently began the process of petitioning for the  recall of two Kimball county commissioners, as well as Kimball County Clerk Cathy Sibal. How the county dealt with the High Point Motor Speedway drag strip petition earlier this year is the impetus for this drive.

According to Darlene “Shortie” Kiefer, former mayor of the city and signatory to the HPMS petition, “about eight or nine citizens, including myself” are involved in the recall petition effort.

“These people were to perform a duty as stated by law and they failed to do so,” Kiefer explained. “It never should have gotten this far.” She went to say that those involved in the recall petition attempt simply want the commissioners and county clerk to be “open-minded” and “believe in the sustainability of Kimball.”  Supporters of the drag strip frequently cite economic development as one of the benefits of such a facility.

“This is not a dictatorship,” Kiefer said.

A petition asking the county hold an election on whether or not to build and operate a drag strip using public funds was presented to the commissioners in June. Although the number of signatures and their validity was checked by Sibal’s office and ready for official certification to the board of commissioners. But when questions arose regarding the ability of local voters to make a reasonable decision if the original wording stood on the ballot, the process was brought to a halt by a court of law. Since then, amended versions of the petition have been produced and lawsuits filed.

The recall petition is the most recent salvo.

The documents read as follows:

“Commisioner Larry Brower has refused to uphold the Kimball County resident’s right to vote and should be removed from office.  He is abusing his position as an elected official and is refusing to allow a Petition to support economic development to go to vote.  He has sued six Kimball County taxpapers.  He no longer represents the interests of Kimball County.

“Kimball County Clerk Cathy Sibal should be removed from office.  She is abusing her position as an elected official and refused to verify signatures on a Petition in a timely fashion and colluded with Commissioners to interfere with Kimball County resident’s right to vote. She no longer represents the interest of Kimball County.”

“Commissioner Larry Engstrom has refused to uphold the Kimball County resident’s right to vote and should be removed from office.  He is abusing his position as an elected official and is refusing to allow a Petition to support economic development to go to vote.  He has sued six Kimball County taxpayers.  He no longer represents the interests of Kimball County”.

When asked why Commissioner Bashaw was not also included, Shortie Kiefer responded, “because Bashaw is up for re-election next year.”

Individual petitions signed by Wade Kiefer, Brooke Kiefer, Darlene Kiefer, James O’Brien, Robert O’Brien, Greg Dinges, Richard Cutshaw, Jaquelynne Cutshaw and Kathy Porter were presented to commissioners Engstrom and Brower. Only the O’Briens and the Kiefers gave papers to Sibal.

Certain elected officials are subject to being recalled. The process to recall begins once those subject to the petition have been served and informed by letter. Engstrom, Brower and Sibal were sent letters last week.

Upon receipt, the three have 20 days to file a defense statement that will be attached to the petition. The principal circulator of the petition then has 30 days to gather enough signatures.

Under normal circumstances, the Election Commissioner would determines whether or not a sufficient number of signatures were gathered in the time frame allowed—except in this case, Sibal serves as Kimball’s election commissioner. If the proper number of signatures are collected on her petition, which would be 425, the document would be sent to the secretary of state for validation.

She will be able to certify a recall petition directed against the commissioners. A total of 296 signatures will be needed on each.

If enough signatures are collected and validated, a recall election may be held. If the recall election is successful, the elected official must resign and a replacement must be found, either by appointment or by special election.

Should the recalls progress, said attorney for the board of commissioners Robert Brenner, “we’re looking at multiple special elections.”

Special elections cost taxpayers between $3,000 and $5,000.

By law, the county’s clerk, treasurer and attorney can appoint someone to replace a recalled commissioner. If Sibal is also recalled, however, the process would have to wait until the clerk’s position was filled. And if two commissioners are forced to vacate, county government would stall.

If the recall election is unsuccessful, the elected official retains his or her position and cannot be subject to another recall attempt for at least 12 months.

“We as a whole”, stated Commissoner Dave Bashaw, “are putting together a statement in regards to this situation and when we have discussed it with our attorney and come up with what we want, then we will get that statement to you for the public.”