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City attorney outlines status of two recall efforts against Lancaster mayor; lawsuit challenges false statements in first petition
Summary
The city attorney told Lancaster’s City Council that two recall efforts targeting the mayor are active: one is the subject of a lawsuit alleging false statements in the recall notice of intent, and a second petition is under review for administrative deficiencies.
The Lancaster city attorney gave the council an update on two separate recall efforts against the mayor, saying one is the subject of a pending lawsuit that challenges allegedly false statements in the recall notice of intent and the other is still under administrative review.
The city attorney told the council the first recall’s notice of intent contains statements the city believes are demonstrably false, including claims that the mayor unilaterally changed his term of office from two years to four without a vote of the people and that the mayor unilaterally increased waste‑management fees without following required procedures. “Those statements are patently false,” the city attorney said, noting the change to the mayor’s term was approved by voters in February 2010 and that fee changes followed Proposition 218 procedures and public hearings.
That alleged false‑statement claim is the subject of a lawsuit filed in April, the city attorney said. He explained that the law allows a court challenge only after the recall paperwork is submitted and that the lawsuit seeks to resolve the false‑statement allegation. The second recall effort, the city attorney said, has submitted incomplete paperwork; the city clerk sent a letter indicating omissions and the proponents may respond.
The attorney also explained the signature and ballot process: petition proponents must collect more than 14,000 valid signatures to place a recall question on the ballot. He described a change in state law in 2023 about replacement on the ballot: under the current law, if the mayor is recalled the office becomes vacant until filled according to law; under Lancaster’s charter and municipal code, the vice mayor would assume the mayor’s duties until the next general municipal election at least 90 days after the vacancy, a timeline that could push an elected replacement into 2028 depending on scheduling.
Council members asked procedural questions about timing, filing deficiencies and what happens if a recall proceeds. The city attorney said the first recall’s lawsuit remains pending and that the second petitioners have the opportunity to correct omissions. No further action was taken at the meeting.
