Recall on in Houston

HOUSTON — A petition to recall Houston Mayor Roger Purcell has begun after the city clerk approved an application alleging misconduct in office when the mayor improperly used emergency flashing lights.

The application was filed by Houston resident Kathleen Baken-Barney on March 3 and targets a trip the mayor took in a Houston police vehicle to deliver a grant application to Fairbanks. A portion of the trip was captured by a video camera on the front of the vehicle.

The application claims Purcell turned on the camera when he activated the emergency flashing lights. The application alleges he was not responding to an emergency call, chasing a suspect or in performance of his official duties. This is a violation of the Alaska Administrative Code, the application says, and Purcell is aware of the regulations because of his past training as a police officer.

This violation, the application says, “displays a gross misconduct in office, incompetence and a failure to perform those duties as prescribed by willfully and knowingly operating an emergency vehicle contrary to (code) and as such he should be recalled.”

City Clerk Steve Cunningham said he consulted two attorneys before he issued his statement approving the application Monday. Both attorneys said the application stated the grounds for recall with particularity, but there was disagreement about if the claim constitutes misconduct in office.

Cunningham’s statement says one attorney reported the allegation “was little more than a traffic violation.” However, the other cited Alaska case law claiming willful violation of a policy constituted misconduct, even if the violation was not a criminal offense. The application does specifically allege Purcell knew his actions were prohibited, Cunningham’s statement says.

It is not the clerk’s role to determine if misconduct happened, the statement says, only if allegations are stated with particularity and would constitute grounds for recall.

“Since the state legislators have declined to define misconduct in office and it is not the clerk’s role to make decisions of a legal matter, the only option is to let the voters determine if misconduct in office occurred,” Cunningham’s statement says.

Purcell now has an opportunity to issue his own 200-word statement responding to the allegations. He said he has not reviewed the clerk’s decision yet and cannot comment on how he will respond until after he consults with an attorney.

Purcell said he made the trip to Fairbanks to hand-deliver a grant application after spending more than 100 hours of his own time completing the 4-inch-thick document. He expects a decision on the grant in the next few weeks, and the city stands to get $398,000 if it is awarded to Houston.

“What else can I say?,” Purcell said. “If they want a recall because the mayor is out there working hard to get money for the city, that’s up to the residents of the city.”

Purcell said the time stamp seen on the video is off and that he never actually appears on the video. He said he hasn’t seen the entire thing, but the part he did watch only shows two or three seconds of the lights flashing.

Asked if he would confirm or deny using emergency lights on his trip to Fairbanks, Purcell said he was unwilling to answer that question at this time.

Because the recall petition has to be certified 180 days before the next regular election in October, Baken-Barney and the 11 other supporters of the application have until April 8 to return the petition to the city with at least 73 signatures from registered Houston voters.

If the signatures are verified, the petition goes to the city council at its next meeting. At that point, a special election will be scheduled between 45 days and 75 days after the meeting. A simple majority will pass the recall.

Purcell said he understands people who are upset are more likely to vote in a special election. Those who are happy with “their plowed roads and paved streets are the content ones.”

But, he said, letting the people vote is only one of three options he has at this point. He can also take the decision to accept the application to Superior Court or he can decide he has “just had enough.”

Contact Todd L. Disher at todd.disher@frontiersman.com or 352-2252.