A push to change the nature of Emporia’s city government is now trying to change its personnel.
The local effort against data centers has led to one petition validated by signature number — designed to end any push towards a high-impact data center — while the signature verification process continues towards ending any effort to build battery energy storage systems commonly associated with data centers. Emporia Neighbors United, which developed those petitions, has also developed petitions to end the current City Commission government structure, replace that model with a ward-based City Council structure including an at-large position and replace the current appointment method for unexpired City Commission/City Council terms with special elections.
Emporia Neighbors United has also gained clearance from Lyon County Legal Counsel Molly Priest to begin a recall petition specifically against City Commissioner Erren Harter alleging misconduct in office, including acceptance of benefits like lodging and hospitality from a business owner while voting in favor of the businessman’s requests for public funds or community development. Signatures are now being collected.
Priest says the state law in question, KSA 25-4302, indicates grounds for recall are a felony conviction, misconduct in office — meaning violations “of law by the officer that impacts the officer’s ability to perform the official duties of the office” — or failure to perform duties as prescribed in law. The law also explicitly says: “no recall submitted to the voters shall be held void because of the insufficiency of the grounds, application, or petition by which the submission was procured.”
Priest says Harter can legally challenge the recall, in which case a judge will determine how the case will proceed. A temporary injunction could affect recall organizer plans to put the matter on a ballot, and a judge could rule to invalidate the petition. As it currently stands, recall organizers have 90 days to get at least 972 verified signatures.
A recall of Harter may not be the only action coming against current city commissioners. Emporia Neighbors United founder Jay Vehige has told KVOE News the group’s intent is to recall two more commissioners with the hope of having a City Commission or City Council vacancy petition passed, perhaps as soon as November, thus setting up a special election to fill those positions before a push to recall two more commissioners.
