Plan to oust Tulsa Major Dewey Bartlett advances
Plan to oust Tulsa Major Dewey Bartlett advances
By P.J. LASSEK & BRIAN BARBER World Staff Writers
Published: 3/4/2011**2:21 AM
City Councilor John Eagleton on Thursday solicited citizens to join his effort to oust Mayor Dewey Bartlett by going to his personal website and downloading a copy of a petition to collect signatures.
"I don't believe that time is a luxury we can afford. Over the past 14 months the city of Tulsa has been heading in the wrong direction," Eagleton told his fellow councilors during a council meeting.
In a 20-minute, 42-page presentation, Eagleton outlined 11 allegations of misconduct, malfeasance and criminal behavior against the mayor that he said justifies removal of the mayor from office.
Councilor Rick Westcott said Eagleton outlined "a pattern of behavior and a series of events that no one can deny."
"These are facts; they are documented. Mayor Bartlett did those things," he said about the accusations.
Westcott said the only question that remains is "do the citizens of Tulsa think that those actions are sufficient for application of ouster?"
Bartlett did not attend the presentation because he was out of state.
But Wednesday, he said too many positive things are happening in the city to let Eagleton's effort preoccupy him.
Eagleton said he tried diligently to work with Bartlett in an attempt to resolve the conflict between the mayor and council.
It is "only when I became convinced that the mayor was irrevocably beyond hope that I bring this forward," he said.
Eagleton sent a two-page letter accompanied by a 241-page packet of documents to Gov. Mary Fallin. The letter requests that she ask Attorney General Scott Pruitt to investigate the allegations and determine whether the mayor should face ouster proceedings under state law.
The packet of supporting documents includes Tulsa World articles, state statutes, recorded council votes, a roster of city volunteers for boards and appointments, and excerpts of the City Charter and city's ethics handbook.
If Fallin rejects Eagleton's request, Pruitt can be forced to conduct the investigation through a petition bearing signatures of 1 percent of the voters in the previous election. Eagleton said such a petition would require at least 1,100 signatures.
When the Tulsa World first reported news of the effort Tuesday, Bartlett said the issues were old and already had been resolved.
Westcott disagreed Thursday, saying none of the issues brought forth have been resolved.
"That is why I think we need an independent third party to review these actions and to decide, to make a legal determination on whether the actions do constitute violations of the law," he said.
Eagleton said the most expeditious manner to remove the mayor would be to seek an ouster procedure.
"While the process will provide turmoil, the quicker we conclude the task the better. Please join me in helping Tulsa," Eagleton said. Although Eagleton received public support from some members of the council, others were not prepared to comment.
Councilor G.T. Bynum said after the meeting that he wants to give the mayor a chance to respond before commenting.
"The allegations that Councilor Eagleton outlined are pretty troubling and ought to be regarded as serious," he said.
Councilor Jack Henderson, one of three councilors to speak during the meeting, praised Eagleton.
"John, I know that you are going to receive some heat for this, being a Republican going after another Republican," he said.
"But I take my hat off to you for being a man who's standing up for what's right and trying to make this city a better place," he said.
Councilor Jim Mautino said during the meeting that despite criticism he gave the mayor the benefit of the doubt for six months. But he said he quickly learned that sticking with the mayor "didn't help me in representing the city."
After the presentation, Councilor Bill Christiansen said, "It's a sad day for Tulsa." Christiansen declined to comment further, saying he is reviewing the material.
Christiansen confirmed he is the councilor whom the mayor allegedly tried to get to approve a controversial travel donation. That approval was allegedly in exchange for allowing a traffic light synchronization project to move forward in south Tulsa.
Councilor Roscoe Turner said: "I have never in my life seen a council go 9-0 against a mayor. One by one, he has pushed us off his team, and I don't even understand why."
Councilor Chris Trail declined to comment, saying he wants to review the material.
Councilor Maria Barnes said, "One good thing that has come out of all this is that we (councilors) have all come together and have been working together."
Attorney Joel Wohlgemuth, who has served as the mayor's personal attorney, was in the audience for the presentation, but said he wasn't there representing Bartlett.
One of the allegations is that Bartlett violated the city's ethics code by accepting free legal services from Wohlgemuth, a contracted attorney for the city. Wohlgemuth said that accusation is based on false information.
The attorney said he doesn't think any of the issues outlined in the presentation warrant Bartlett's ouster.
"This isn't an issue of ouster," he said. "It's really an issue of the council's animosity toward the mayor."
Eagleton's allegations against the mayor
Involving city ordinances:
Illegally received a $7,028 travel donation from Tulsa Community Foundation.
Lied to the council.
Allowed a subordinate to provide false information to the council.
Used taxpayer funds to buy business cards, set up computer and e-mail accounts for his wife in violation of the city's ethics code and state law.
Involving the City Charter:
Failed to make timely appointments to city boards and authorities.
Failed to attend meetings of boards and authorities of which he is a member.
Demonstrated oppression in office by demanding the resignation of Council Attorney Drew Rees without lawful authority.
Expended funds contrary to policy by paying the city attorney's salary despite a council vote of no confidence.
Involving ethics code:
Accepted free legal services from Tulsa attorney Joel Wohlgemuth, who at the time had a contract with the city.
Solicited and assisted individuals in filing lawsuits against the city.
Involving state law:
Offering to support a City Council issue in exchange for council approval of the travel donation.
Ouster 101
Q: What is an ouster proceeding?
A: A civil trial
Q: How does an ouster proceeding start?
A: The Oklahoma Attorney General investigates allegations and determines whether one is warranted.
Q: What triggers the investigation?
A: A directive by the governor or by a petition. Signatures from 1 percent of the registered voters that participated in the previous election. (In this case, a reported 1,100 signatures are needed)
Q: Why would a petition be necessary?
A: If the governor refuses to call for an investigation, the petition forces the Attorney General to investigate.
Q: Where does the ouster proceeding take place?
A: State Supreme Court or the district court of the accused's residence.
Q: Does the accused official remain in office during the proceedings?
A: The accused could be suspended from office by the court until a determination is made.
If that occurs, a court will appoint a qualified person to temporarily perform the duties.
Q: What happens if they are cleared of the charges?
A: The official would return to office, and if he or she had been suspended, would receive back pay.
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Originally Posted by Pete Brzycki
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