I wrote this story earlier this week…..

BALDWIN PARK — The proponents of a recall effort are threatening to sue the city clerk over a technicality that killed their initiative.

A letter sent to Susan Rubio last week warns she should “be prepared to defend (her) actions in court,” unless she rescinds the earlier decision to reject the recall papers against three City Council members based on election code violations.

Rubio — who is an elected official — could not be reached for comment Thursday.
Local businessman and Pomona resident Greg Tuttle initially served recall notices on Anthony Bejarano, Marlen Garcia and Monica Garcia in June.

The proponents accuse the trio of mismanaging the Police Department and criticize Bejarano and Marlen for their support of a downtown redevelopment project, among other grievances.

But the city rejected the effort because two sets of documents were not filed at the same time, as cited in the state election code, Deputy City Clerk Laura Nieto said.

Proof of publication of the recall notices served on the three council members were submitted to Nieto on July 1 and placed in a file. On July 10, Tuttle filed blank copies of the proposed petitions intended for circulation. According to the election code, “at the time of the filing of the two blank copies of the petition, the proponents shall also file proof of publication.”

Officials said Tuttle did not ask that all the documents be combined when he filed the petitions.

“All they had to do was pull the papers out of the file and put them together,” Tuttle said. “It was all there. Now they are claiming it’s all null and void and I have to start over again.”

Nieto said the city is “just going by what the election code says,” and it was not the city clerk’s job to take previously filed documents and attach them with the proposed petitions.

Tuttle called the move a delay tactic, and accused the city of trying to trump the recall effort.

In the letter Pasadena-based attorney Christopher Sutton sent to Rubio on Sept. 3, Sutton calls the reasoning “a fraudulent excuse to reject these petitions. This rationale is ridiculous and merely a smoke screen…”

Sutton, who is representing the proponents, also accused Rubio of potentially violating civil rights and voting rights.

“Do not protect these three council members…Do not become a part of their disreputable group or follow them into a pattern of unlawful conduct,” the letter states.
Sutton did not return calls seeking comment Thursday.

“(Rubio) had a really bad city attorney directing her course of action,” Tuttle said.
City Attorney Joseph Pannone confirmed his office was consulted before the decision was made. He called the final determination “proper.”

He also said Wednesday the city had not responded to Sutton’s letter, nor had he be given direction to respond.

“That letter from that attorney is long on bluster and short on facts,” Councilman Anthony Bejarano said. “If they sue, that just demonstrates their interets are purely their own.”

Tuttle said if Rubio does not rescind the decision in the coming weeks, they will file a civil lawsuit against her only, because “she is personally responsible.”

“Obviously, they have questions about the actual process itself,” Mayor Manuel Lozano said. “They have the right. I have confidence in the city clerk’s office that they are doing the right job.”