BAXTER SPRINGS A recall petition against Baxter Springs City Councilman Gary Allen was turned in Monday and once certified a recall election will take place.

According to Baxter Springs City Attorney Robert Meyers the petition and another one to put Charter Ordinance No. 19, which removes many of Mayor Jennifer Bingham's appointment powers, on the ballot have fallen within a window which will not require a special election to be called.

Instead, both the question of the Charter Ordinance and Allen's recall can be on the November 6 general election ballot. A special election would have incurred considerable expense.

According to the Kansas League of Municipalities, the council has 30 days to call for an election on the Charter Ordinance and then a special election would have to take place within 90 days unless a general falls within that time frame.

In the case of the recall, an election must be called within 10 days of the petition, and then must take place no less than 60 days, but not more than 90 days after unless there is a general election within 120 days of the day the petition is certified which again allows for the November timeframe.

If the recall is successful, Allen, who is running for Cherokee County Commission, would then be off the council and a replacement would have to be appointed.

According to Kansas statute 14-308; "Whenever a vacancy shall occur in the office of council member, the governing body shall appoint an elector of the ward where the vacancy occurs to be council member for the balance of the unexpired term."

The mayor or any council member can then move to appoint a replacement which requires a majority vote of the governing body which includes the mayor to confirm.