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A group of political activists seeking to recall Councilman Jesse Kendle, as well as to have several ordinances placed on the November ballot for voter approval, say they can’t move forward to collect required voter signatures because the City Clerk hasn’t properly responded to their initial paperwork.

City Clerk Cindy Dye sent a letter on January 29 to the Committee to recall Jesse Kendle — comprised of Duane Small, Mabin Womble, and Brian Bass — stating that initial paperwork they filed complied with state recall law, she said.

But recall committee member Small says that letter does not give sufficient legal notice to proceed.

“They have not notified us formally,” Small said Thursday. “They sent a certified letter to me that is addressed to Kendle but we have not received the formal approval in order for us to proceed.”

Dye says that the letter is sufficient.

“The letter was sent via certified mail on that same date advising them the petition is in accordance to the statutes,” Dye said. The letter was sent to all three members of the Recall Committee, she said.

Small also said a sample signature petition has been given to the clerk’s office for consideration but it is not the formal document, which needs to be approved by the clerk.

“She is supposed to our guide and let us know if what needs to be done,” Small said. “But there was nothing in the letter about the next steps.”

Dye said once the Recall Committee submits a formal petition, she will review the matter.

If the signature petition is approved, the Recall Committee will have 160 days to collect the needed signatures, city attorney Fred Raffetto said. The total signatures required are 2,175, according to voter registration records.

The Recall Committee is seeking to have the recall at a special election. The petition must include the estimated $25,000 special election cost, paid via tax dollars.

The individuals seeking to put four ordinances on the ballot for voter approval in November also say Dye has not given them proper notice so they can move forward.

James Famularo, one of five members of a committee seeking the adoption of the four proposed ordinances and an additional referendum, said he too was not formally notified of the clerk’s ruling that their initial paperwork had deficiencies. The deficiencies may be corrected within 10 days of formal notice.

“We have not been formally served,” he said. “I received a letter but it was not certified. I definitely was not served. They are not following the way the statute is written.”

The other members of the ordinance petition group are Derrick Grant, Darryl Hammary, Mabin Womble, and Felicia Simmons, all members of the local National Action Network.

Dye said Thursday the petitioners were legally notified in a letter sent on February 1. Two of the petitioners came in to city hall and picked up the letter, she said.

“My job is not to respond to them,” Dye said “It is to respond to the Mayor and Council, with a copy sent to them. A copy of the letter also was sent to the County Clerk, City Manager, and City Attorney.”

Dye said although Famularo and Hammery first obtained a copy of the letter from city Hall, a copy was sent Feb. 2 via regular mail to all members of the petitioning committee.

The ability of residents to place ordinances directly on the ballot by submitting a petition with enough valid voter signatures was part of the change of government referendum approved by Asbury voters in November, 2013.

The proposed ordinances call for the creation of a civilian police review board, increased minimum wages for seasonal and part-time city employees, expansion of club liquor licenses and their hours,and a residency requirement for city employees.

The group also submitted a referendum in opposition of the recently adopted Deputy City Manager wage decrease.

The City Council would first have the option of approving the proposed ordinances before they go on the ballot. If not, the would go on the ballot.

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