BY ANDY  TAYLOR
Montgomery County Chronicle

INDEPENDENCE — A petition is now being circulated in Montgomery County calling for the recall of Tony Fowler, Montgomery County Commissioner from the First District. Fowler also is the commission chairman.

Richard Catron of Sycamore confirmed Wednesday that the wording on the recall petition was approved, as required by state law, by attorney Larry Markle last week and that the petition circulators have started seeking signatures of registered voters. Catron is among the petition circulators.

The request to verify the petition wording was initially sent to county counselor Paul Kritz, who recused himself because of a conflict of interest. Kritz then submitted the petition to Larry Markle, who also serves as Montgomery County Attorney, for verification. The wording of the petition was found to be within the threshhold of state law, Markle indicated in a letter to county clerk Charlotte Scott-Schmidt. Markle indicated he was asked by Kritz to provide his opinion on the wording for the petition as a private attorney, not as the Montgomery County Attorney.

Catron said the recall effort was being instigated following the commission’s decision on April 20 to not renew the contract of Wilbur Schwatken, Jr., as the coordinator of the Montgomery County Rural Fire District #1. While commissioner Larry McManus sought the renewal of Schwatken’s contract, commissioners Tony Fowler and Fred Brown voted against it — thereby ending Schwatken’s term as rural fire coordinator.

In a meeting two weeks later, McManus twice attempted to seek Schwatken’s contract renewal but was voted down by Fowler and Brown.

The decision to not renew Schwatken rankled many members of the Montgomery County Rural Fire District #1 including the district board of directors, who unanimously recommended Schwatken be renewed for another year.

In the commission meetings following April 20, members of the rural fire district, including the board, sought answers from Fowler and Brown as to their decision to not renew Schwatken. Fowler, who serves as commission chairman, had said in the meeting and in press interviews that the commission’s decision was made on a “new direction” it was seeking in the rural fire department. However, Fowler would not elaborate further on that new direction or who would be involved in forming the strategy for that direction.

Catron said state law requires a successful petition drive to have at least 40 percent of the voters who cast ballots in the most-recent general election for the First District commission position. Catron said 1,307 signatures of registered voters from the First District would be needed for the recall effort to be forwarded to an election.

The petition can be signed only by registered voters within the district that the commissioner serves. In this case, Fowler serves the First District, which includes all areas within Louisburg, Sycamore, West Cherry, Cherry, Drum Creek, Liberty and Cherokee townships. Several precincts in Coffeyville also are included in the district.

State law allows for 90 days for the petitions to be circulated before being turned over to the county clerk for verification. Fowler will have 10 days to respond in writing to the recall petition or 30 days to file a grievance in district court.

Serving as circulators of the petition are Richard Catron of Sycamore; Rollie Clark, Robert Bish and Michelle Bish, all of Independence; Larry Felts of Liberty; and Daryl DeTar of rural Coffeyville.

What does the recall petition  specifically allege?

The official wording on the recall petition against Commissioner Tony Fowler states: “I, the undersigned, hereby seek the recall of Tony Fowler from the office of Montgomery County Commissioner District No. 1, on the grounds of misconduct in office including but not limited to violating the Kansas Open Meetings Act, Kansas Open Records Act, and abusing the position of chairman of the Board of County Commissioners. The Kansas Open Meetings Act was violated on April 20 and 27, 2009, to wit:

1. There was no open meeting discussion on the failure to reappoint the Rural Fire Coordinator.

2. Executive session was requested by the Montgomery County Rural Fire Board to discuss non-elected personnel and after the session was approved, Mr. Fowler refused to let the Fire Board attend the session, denying their right to be heard.

The Kansas Open Records Act was vioalted on April 27, 2009, by denying records to the public discussed in the open meeting Additionally, he has abused his position as Chairman by contradicting open meeting decisions by the Commission, and approving actions by individuals not authorized by the County Commission in open meeting. These actions impinge on the decisions of the Board as a governing body.”