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Kuhns recall affidavit withdrawn

Kuhns recall affidavit withdrawn

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All three of the recall affidavits filed against Mayor Scott Getzschman and Fremont City Council members Larry Johnson and Michael Kuhns have now been withdrawn.

Chester E. Cymboluk, who on Sept. 29 filed a recall affidavit against Ward 3 council member Kuhns, signed a withdrawal late this morning.

Lavern Kucera, who filed recall affidavits on Sept. 24 against Getzschman and Sept. 29 against Ward 2 council member Johnson, withdrew his actions on Friday.

Efforts to reach Cymboluk for comment on Monday were unsuccessful.

Kucera on Saturday told the Tribune he withdrew his recall affidavits because the process would have taken petition circulators into the cold weather season, making it more difficult to gather signatures. He said he intends to launch the effort again next year.

“It’s for better timing for better weather. It’s going to be cold here and I don’t want people to get cold feet basically. It’s the timing, the weather,” Kucera said.

The effort, he said, was “a precursor, a template, like a dry run, a rehearsal for next year.”

Kucera said he was “encouraged from the feedback” he heard prior to halting the recall effort.

“That’s a very good thing to keep you in the right mood, to keep you going forward,” he said.

Yet when he staged a rally at City Hall on Oct. 10, he and just three other adults showed up to carry signs. Kucera later said the rally was intended to be small.

Cymboluk and Kucera, in filing affidavits against Johnson and Kuhns, submitted exactly the same language, accusing council members of using “scare tactics” and “misleading” residents in order to gain support for a Feb. 11 special election aimed at repealing the housing portion of Fremont’s illegal immigrant ordinance.

In his earlier affidavit filed against Getzschman, Kucera accused Getzschman of “ignoring” the law and “dereliction of duty” when the city council in the fall of 2013 voted to hold the special election.

Kucera later clarified to the Tribune that “no laws have been broken” by the mayor and council, but “they violated the spirit of the law.”

Voters on Feb. 11 rejected the repeal 3,896-2,644 with 43.7 percent voter turnout.

Kucera said he and a group he called “The Indispensables” ultimately hope to recall all of the council members who are not up for election this year, but recall affidavits were never filed against Ward 1 council member Kevin Eairleywine or Ward 4 council member Jennifer Bixby.

By law, Getzschman, Johnson and Kuhns each had 20 days after receiving official notification of the recall affidavits to file “statements of defense.” Getzschman and Kuhns filed identical statements last week. Johnson has until Thursday to file his statement, according to County Clerk Fred Mytty, who is also the election commissioner.

“In February of 2014,” the Getzschman and Kuhns statements said, “the community resolved this issue. The mayor, city council and staff are ensuring that Ordinance 5165 is being enforced to the letter of the law.

“The mayor and city council continue to address important current issues such as economic development, well-paying job growth, street improvements, infrastructure, public safety and housing,” the statements said.

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