Recall circulators file suit to force vote

HAYES CENTER, Nebraska -- The four Hayes Center Public Schools patrons seeking the recall of school board member Randy Richter are asking the Hayes County District Court to force the school board to set a date for a recall election.

At its monthly meeting on Feb. 13, the board failed to set a date for a recall election when the six members tied 3-3 each time they voted on four possible election dates. Each of the four votes failed with the same voting tally -- voting yes, Marian Richards, Kevin Large and Joe Anderjaska; voting no, Kris Kressin, Randy Richter and Bob Rosno.

To compel the board to make a decision about the recall election, the four patrons who want to recall Randy Richter filed with the Hayes County District Court a complaint for a "writ of mandamus," a legal action that would command an official to perform a ministerial act (a government action performed according to legal authority, established procedures or instructions from a superior, without exercising any individual judgment) that the law recognizes as an absolute duty and not a matter for the official's discretion.

The complaint for the writ, filed with the court on Feb. 21, indicates that Larry Brott, the principal circulator of the recall petition, received in excess of the required number of signatures to call for the recall election. Within the required time period, the Hayes County clerk certified an excess number of valid signatures.

On Feb. 13, the school board failed to set a date for the recall election.

Listed as plaintiffs on the request for the writ are Brott, his wife Connie, Benjamin L. Maucher and William M. Tidyman.

It identifies as defendants all members of the school board -- Randy Richter, Bob Rosno, Kris Kressin, Marian Richards, Kevin Large and Joe Anderjaska.

The county clerk's office indicated Monday morning that the defendants have 30 days from the date that each receives the complaint within which to respond; the 30-day period will be up the first part of April.