By Paige Turner
Payson, AZ. The response to the Town Council repealing Propositions 401 & 402 in April 12, 2023’s town council meeting by Dave Golembewski was, “Recall them all!” The action taken to revoke or annul a law that has been on the books in Payson for 5 years was put there by over 60% of the citizens who voted for it in 2018. It takes hard work from citizens to put an initiative on the ballot. It takes gathering signatures and organization circulators within the given amount of time to be successful. As Dave Golembewski puts it, “It must be a group effort.”
Dave G, as some know him, didn’t wait for the ink to dry on the council’s vote before he was organizing and asking town staff to put together recall paperwork for 3 of the 6 council members who voted to repeal 401 & 402. According to the “Initiative, Referendum & Recall Handbook” elected officials must be in office for six months before a recall can be done. Those eligible right now for recall are Barbara Underwood, Jolynn Schinstock, and Scott Nossek. The other two councilors that voted to repeal were Mona and Flaherty. Suzy Tubbs-Avakian stated she understood both sides but voted NOT to repeal, then defended the late notice about the hidden agenda item and the work of town staff.
Looking at the paperwork that has been prepared the reason for recalling each was stated as follows:
Barbara Underwood has not served the majority of people in Payson. She has exhibited her inability to comprehend, desire to understand or defend the purpose of Propositions 401 & 402, that were voted into law by 60% of the people and are designed to protect the people of Payson from government overreach. This lack of representation resulted in Barbara Underwood agreeing to an emergency that takes away the people’s right to referendum yet voted to REPEAL Proposition 401 & 402. Her continued complacency for transparency in Town affairs and self serving interests will NO longer be tolerated.
Jolynn Schinstock has not served the majority of people in Payson. She has exhibited her inability to comprehend, desire to understand or defend the purpose of Propositions 401 & 402, that were voted into law by 60% of the people and are designed to protect the people of Payson from government overreach. This lack of representation resulted in Jolynn Schinstock agreeing to an emergency that takes away the people’s right to referendum yet voted to REPEAL Proposition 401 & 402. Her continued complacency for transparency in Town affairs and self serving interests will NO longer be tolerated.
Scott Nossek has not served the majority of people in Payson. He has exhibited his inability to comprehend, desire to understand or defend the purpose of Propositions 401 & 402, that were voted into law by 60% of the people and are designed to protect the people of Payson from government overreach. This lack of representation resulted in Scott Nossek agreeing to an emergency that takes away the people’s right to referendum yet voted to REPEAL Proposition 401 & 402. His continued complacency for transparency in Town affairs and conflicting interests will NO longer be tolerated.
The signatures needed for Barbara Underwood and Scott Nossek’s recalls are 1,352 each, and the signatures needed for Jolynn Schinstock’s recall are 2,112. The recall action must be completed within 120 days after the paperwork is given a serial number from the Town Clerk, Tuesday, April 17, 2023.
A Recall is the remedy of the people to expel an elected official that votes against the wishes of the majority of their constituents. There is a remedy for the action of a repeal of an initiative (401 & 402) by a town council, a Referendum. A Referendum is a power reserved to the voters that allows the voters, by petition, to demand reconsideration and repeal of any legislative action of the Town Council, except an emergency measure, before it becomes effective. If a petition with the required number of valid signatures is filed within 30 days of the council action, the ordinance or action is suspended from becoming effective. The Town Council then has the duty to reconsider the action and either repeal it or submit it to the voters for approval or rejection. The measure would be submitted to the voters at the next regular election, unless the Council chooses to call a special election for the referendum. The measure does not become law unless it is approved by voters.
Obviously, in the repeal of Propositions 401 & 402, a referendum cannot be sought because of the emergency measure the town added to the ordinance. Is this “loophole” preventing any remedy by the people why the emergency was proclaimed in the public hearing? Is it a coincidence that as part of declaring an emergency the town is able to fast track a decision such as the repeal without further public interaction?
On Monday April 24, 2023 at Tiny’s Restaurant at 6PM a meeting for the “People’s Recall” is being held to organize and assign signature sheets to volunteer circulators who want to help send a message to the council members that continue to think they are working for someone other than the majority of people in Payson… this will not stand. We will keep a close eye on this story and bring updates as they happen in future issues. You can also go to https://thepaysonnews.com to get updated info.
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