Whitehall residents submitted recall petitions to the city attorney to remove the mayor and two city councilmembers from office, which could force an election in the next two to three months.
The petitions target Mayor Michael Bivens and Councilmembers Lori Elmore and Amy Harcar. The petitioners gathered 472 signatures, while needing 424, which under city code is about 15% of the votes cast for mayor in the last mayoral election in 2023. That year, Bivens received over 2,800 votes and ran unopposed.
Bivens said in a statement the recall is unwarranted and is being pushed by political extremists supporting hateful and divisive agendas.
The petition was organized by Holly Stein and Patricia Balser. Largely, the petitioners justify the "grounds for recall" as disagreeing with how the three govern. The petitions also make misconduct allegations.
The two criticize Bivens and the city for fighting with the Fraternal Order of Police Capital City Lodge #9. The two allege Bivens is fiscally irresponsible and isn't following the law or expectations of elected officials.
One instance the petition cites is the city's decision to restrict email access to FOP President Brian Steel. The case is still being litigated in court.
The petition also criticized the city's decision to create a Department of Neighborhoods.
The petitions against Harcar and Elmore explain different reasoning. Stein was a candidate for Whitehall City Council in November, but was removed from the ballot after Elmore challenged her residency. The case was decided by the Ohio Supreme Court.
Stein and Balser alleged Elmore broke the rules at city council meetings and that her behavior was inappropriate including disparaging other councilmembers and citizens. Elmore was one of the councilmembers who supported removing councilmember Gerald Dixon after he was arrested and charged with soliciting prostitution from a child.
Biven's petition also alleges he was hostile and disparaging to councilmembers. Bivens called for Dixon's removal.
Those charges were dropped against Dixon and haven't been refiled despite the Whitehall Police Department claiming it had substantial evidence against him. Dixon has survived several attempts to remove him from office.
Dixon signed all three petitions to remove Bivens, Elmore and Harcar.
The petition also claimed Elmore tried to block citizens' rights to hold a referendum and tried to nullify people's voting rights. It's not clear what incidents the petition refers to.
Both Stein and Balser didn't respond to a request for comment.
The grounds for recall written on the petition to remove Harcar is much lengthier than those for Elmore. In it, the petitioners argued Harcar committed the same infractions as Elmore.
The petition also argued Harcar failed to provide oversight of Biven's administration. It criticized her for supporting Bivens.
Bivens said in his statement the city has made great strides under his leadership. He said the city is thriving and the budget is balanced.
"Not only will the unwarranted recall effort cost Whitehall taxpayers, but the drive of the political extremists in also supporting hateful and divisive agendas benefits no one," Bivens said.
Harcar said in a statement the recall effort is concerning because it seeks to overturn the decision of the voters who elected the three.
"This recall effort sends a disturbing message that Whitehall is not for all people, and it undermines the values that embrace everyone and protect the most vulnerable. This community must decide whether we will stand with those who speak out for accountability, fairness and the well-being of all residents," Harcar said.
Elmore said in a statement she is saddened by the state of these current events and criticized the petition for not providing substantive facts or data.
"I have instituted programs and legislation that have not only benefited the community but has also made it healthier and stronger. I am determined to uphold the Whitehall City Charter and my commitment to do what is in the best interest of the city of Whitehall, the community and all residents," Elmore said.
City Attorney Brad Nicodemus said the signatures will have to be validated before the recall makes the ballot. He said this process could take between 30 and 70 days, depending on which steps of approval the petition is able to meet.
