A Baker City man has filed a prospective recall petition against Mayor Beverly Calder.

Bryan Dalke filed the petition Thursday, Sept. 14. Interim city manager Jon France said the city has the petition.

France said the city by law has three business days to certify the petition, after which Dalke has 90 days to gather approximately 720 signatures from registered voters to force a recall election. France said he expects the city to certify the petition Friday, Sept. 15, or Monday, Sept. 18.

In a statement of reasons for demanding the recall, Dalke cites several things, including the current controversy regarding whether the council, which has three members, one short of a quorum, can appoint people to fill the four vacancies.

Calder and the city’s attorney, Dan Van Thiel, contend that Section 15 of the city charter allows the council to do so despite the lack of a quorum.

But others, including the three plaintiffs in a lawsuit filed Tuesday, Sept. 12, contend that by state law the city must instead schedule a special election to allow city voters to choose the new councilors.

Judge Matt Shirtcliff granted the plaintiffs a temporary restraining order to block the council from taking any action on the matter. Shirtcliff scheduled a hearing on the suit for 9 a.m. on Sept. 21 at the Courthouse, 1995 Third St.

In the recall petition, Dalke wrote that Calder “stalled a special election per Oregon statute, citing an unprecedented and incoherent interpretation of the City Charter. She attempted to hold a regular City Council meeting on Sept. 12, 2023, without a quorum and only cancelled due to unsubstantiated safety concerns.”

Dalke also cited a city council meeting on June 12 when Calder, who had been removed as mayor (but remained as a councilor) by a vote of the council on April 11, temporarily sat in the mayor’s seat.

During the June 13 meeting, four councilors — Matt Diaz, Nathan Hodgdon, Johnny Waggoner Sr. and Dean Guyer, the quartet who voted to remove Calder as mayor on April 11 — left the meeting in protest of Calder’s action to reclaim the mayor’s gavel. Their departure left the council without the quorum the charter requires for the council to make decisions.

Dalke wrote in the recall petition that Calder “attempted to illegally convene an official meeting on June 13, 2023, despite the lack of a quorum when four other councilors weren’t present.”

Dalke also contends that Calder “has had several disruptive outbursts during council sessions.”

Calder’s response

In a written statement addressed to “all of the citizens of Baker City,” on Friday, Sept. 15, Calder wrote:

“I have no intention of stepping down as an elected member of the Baker City Council. I take very seriously my oath to defend the charter and represent our citizens.

“I have dedicated myself to improving communication with the public to rebuild trust between the city and citizens.

“The lawsuit and recall challenge compromise the ability of our council to serve the community and respond to the immediate challenges we are facing.

“The public safety and fiscal stability of Baker City have been my chief aim since the election, but these are not achievable without dependable city operations.

“For this reason, I will continue to focus my work on the critical issues facing our community including hiring a city manager, restoring a budget that we can afford, supporting adequate health and birthing services and developing ‘middle and affordable housing’ units to address stable employment.

“It is vital that the town hall meetings are rescheduled to give our community the opportunity to address revenue generating options and prioritize city services.

“I am honored to serve in my fourth elected term on the Baker City Council.

“I will always strive to keep the best interests of this community in mind in all my actions as an elected representative of this community.”

Petitioner explains reasoning

Dalke said in an interview Thursday that he has been following issues with the city council this year. Calder, who was elected by voters in November 2022 to a two-year term that started in January 2023, was elected by the city council as mayor that month. After the council removed her from that position in April, she was again elected as mayor in August.

Dalke said he spoke with several people earlier this week, and that they mentioned the possibility of a recall election and asked him if he would file the petition. He said he agreed to do so.

Dalke said that if enough city voters agree with the petition then he will be able to gather sufficient signatures to force an election. He said he believes it will be “fairly easy” to collect the required signatures.

Dalke said he didn’t consider filing recall petitions against the two other current city councilors, Jason Spriet and Ray Duman.

Dalke said that although he “might not agree with them on everything,” he thinks the council should have a diverse membership, and that he doesn’t object to them remaining as councilors if Calder is recalled.

If Dalke gathers enough signatures, Calder would have the option of resigning prior to a recall election.

Dalke said Joanna Dixon, a former city councilor, is treasurer for the recall effort.

Dixon was herself the subject of a recall effort during the fall of 2022. Casey Husk, a former Baker City firefighter, sought to recall six of the seven councilors — Dixon, Mayor Kerry McQuisten and councilors Johnny Waggoner Sr., Jason Spriet, Dean Guyer and Shane Alderson.

Husk cited as the reason the council’s decision earlier in 2022 to remove ambulance service from the fire department’s duties.

The recall effort failed, as Husk didn’t submit the required signatures.

In response to the recall campaign, Dixon, McQuisten and Waggoner filed a civil lawsuit against Husk and Debbie Henshaw of Baker City, claiming both made false statements related to the recall effort.

On Feb. 2, 2023, a judge dismissed the complaint against Henshaw. The judge later ordered the plaintiffs to pay Henshaw $11,141 in attorney and other fees. The plaintiffs have appealed the Feb. 2 ruling.

The claims against Husk are still pending.

Dixon, McQuisten and Waggoner are represented by Vance Day, an attorney from Powell Butte near Prineville.

Day also represents the plaintiffs in the current lawsuit challenging the city council’s contention that it can fill vacancies without a quorum.