Beverly Humiston-Scott filed a formal objection Monday to the effort to recall her from the Mancos School Board, saying that the petition drive was based on untrue statements.
Montezuma County Clerk and Recorder Carol Tullis said last week that the recall group, led by Margie Russell, had 220 petition signatures, enough to place the recall on the ballot. The recall effort needed 212 signatures.
The objection puts the recall election date in limbo, Tullis said, and a "designated election official will hear her protest."
An official from outside Montezuma County will hear the objection within 30 days and make a ruling, Tullis said. That ruling can be appealed.
The recall effort began after a July board meeting in which Humiston-Scott was responding to a public rebuke, or censure, that accused her of bullying, intimidating and harassing administrative and support staff. Board president Monty Guiles asked her to leave, and when she refused, she was handcuffed.
She was charged with "refusing or failing to leave a public building," which requires proof that she failed to leave the school after committing an act that disrupted or obstructed the lawful missions of the public building.
The charges were dropped in September on the recommendation of District Attorney William Furse.
"The meeting of July 21st was indeed tense and impassioned; however, it was devoid of unlawful activity," Furse said in his motion to dismiss the charge. "Accordingly, the People do not believe these allegations are ripe for criminal prosecution."
The motion stated that Humiston-Scott was lawfully present at Mancos Middle School that evening and was acting in her official capacity as a board member.
"One's right to free expression is not only encouraged by the Mancos school board's Code of Ethics, it is enshrined within our First Amendment and is the cornerstone of our free Republic. While the People do not necessarily endorse or adopt Ms. Humiston's opinions, the district attorney wishes to protect her right to freely express them when done so peacefully and lawfully," the motion stated.
slivick@cortezjournal.com
