Councilor, lawyer mum on petition challenge

Stillwater Councilor Darrell Dougherty challenging validity of recall petition

By Philip Jankowski Stillwater NewsPress

STILLWATER, Okla. — Stillwater City Councilor Darrell Dougherty and his lawyer Willie Baker are remaining silent on an effort to invalidate a preliminary petition to have the councilor’s election recalled.

Dougherty filed a challenge Monday afternoon calling for the petition to be invalidated. He contends the petition to recall his election does not meet the requirements of the City  Charter, that circulators witnessed their own signatures, accusations are false and that the petition is a form of extortion.

Neither Dougherty nor Baker would comment Tuesday morning on what they hoped the civil suit would achieve.

The filing states that the preliminary petition against Dougherty is an attempt to subvert “the advancement of a legal voting privilege being exercised by the voting public of the City of Stillwater,” the challenge states.

Dougherty has said he would let the recall process against him go forward. However, if Dougherty’s efforts are successful, a court order would stop the same process he purports to be defending in his court filing.

The civil suit has been assigned to District Judge Stephen Kistler.

Dougherty’s court filing requests a hearing and identifies Jim Trent as the defendant. Trent circulated the petition to oust Dougherty after Dougherty asked Mayor Nathan Bates to resign and circulated a petition to have Bates recalled. Trent was Bates’ campaign manager last year and again is heading Bates’ campaign — this time in an effort to retain Bates’ mayoral title amidst a movement to vote him out of office in a recall election in May. Petitioners accused Bates of public intoxication, using his office for personal gain, interfering with police and asking a woman at a lake last summer to bare her top. Bates denied all the claims then acknowledged he had asked the Chamber of Commerce for Oklahoma State football tickets.

“I believe the Stillwater residents are capable of seeing the petition for what it is and will vote to oppose the recall. I am proud that we have citizens that are willing to utilize their rights to voice their disagreement with their leadership, but am disappointed when they do it on false premises,” Bates states on his campaign Web site.

The petition to recall Dougherty accuses the councilor of bias in office, citing his efforts to recall Bates and his suggestion Bates resign, and public intoxication.

Monday ended a 10-day period in which Dougherty could respond to the petition. While filing a challenge with the court, he also submitted his response to the city clerk’s office at about 4:30 p.m. Monday.

The response reads:

“I would like the citizens of Stillwater to understand that the allegations against me are false. The proponents of this petition admit it was circulated solely in retaliation for my efforts to assist my constituents in the exercise of their voting rights. It is no more than a blatant attempt to intimidate me and others who would voice their opinion for a better Stillwater.”

That response will be printed verbatim on the formal petition, which was set to be distributed to Trent and other supporters of the Dougherty recall as soon as the city staff created the petitions. It was unclear Monday how Dougherty’s challenge might affect the petition process.

“I’m going to read it and talk to an attorney before I make any comment,” Trent said Monday evening regarding Dougherty’s court filing.

Dougherty’s lawyer refused to comment Tuesday morning and Dougherty did not immediately return telephone calls.

The petition also will include the accusations made against Dougherty.

City Attorney John Dorman said Monday evening the city will not be involved in the litigation process, despite the city certifying the grounds for a recall sufficient to move the process forward Feb. 25.

“It will probably be the proponent (Trent),” Dorman said.

Text Only