The recall election of Mayor Tom Morrissey moved forward with the town clerk calling the special election during the Oct. 10 council meeting.
By state statute, Sylvia Smith, Payson’s town clerk, called for the election rather than the town council.
Attorney Aaron Arnson, with Pearson Coleman, the firm acting as the town’s temporary legal representatives, explained why.
“The statute calls for the clerk to administratively call for the election when the person subject to the recall is the one that actually has to issue the call. So the clerk has done that as an administrative action,” he said.
Neither Morrissey nor any councilor made comments about the recall election at the council meeting.
Lurking in the background of the recent council meeting was the lawsuit filed by Morrissey to stop the recall election.
Morrissey claims there are not enough signatures to qualify for a recall. His suit claims the Unite Payson recall committee effort is short 53 signatures.
There will be a hearing on the case at 9 a.m., Monday, Oct. 28 at the Superior Court building in Payson.
“At that hearing, the court will receive evidence and legal argument from both sides as to why the election should or should not be enjoined,” said Arnson.
Once the court hears from witnesses and reviews the motions filed, it could issue an order soon after.
But the case could go on.
“Either party would have an opportunity to appeal the court’s decision, but not sure on timing of that,” said Arnson.