By GARRET JAROS / Lincoln Chronicle
WALDPORT – None of Waldport’s six city council members will face a recall election after the Lincoln County clerk’s office announced Monday that petitions turned in by signature gatherers violated Oregon law.
“I have determined, along with county counsel that all (six) petitions do not meet the recall petition requirements,” county clerk Amy Southwell said in an email to Waldport officials Monday afternoon. “After county counsel and I had a close look at the laws, it seems ORS 260.567 was violated by the petition gatherers.”
The law states in part that petitions cannot be modified by anyone other than the person who signs the signature sheet of an initiative, referendum, recall or candidate nominating petition. They may not write, alter, correct, clarify or obscure on the signature sheet any information about the person who signed.
Council members who faced potential recall were Greg Dunn, Rick Booth, Susan Woodruff, Michelle Severson, Jerry Townsend and Jayme Morris.
Waldport city manager Dann Cutter told the Lincoln Chronicle that “It was very clear several petitioners violated the law by modifying signature sheets by filling in optional information of the signers without having permission to do so.”
He later issued a press release to say the city’s chief election officer, the city recorder, had no option other than to declare that the petitions failed under the law.
“This effort by a small group of individuals has really created division in the community in the last few months,” Cutter said in the release. “I hope now that we can get back to building the growing small coastal town we have been in the last five years.”
He added that city officials plan to send records of the violations and complaints to the Oregon Secretary of State’s office to consider possible civil or criminal charges.
Petitioner response
Chief petitioner Tony Thimakis told the Chronicle he believes the county clerk did her job, but that petitioners were given bad information by being told they could fill in people’s addresses for them.
“I have read the ordinance and we are in violation,” Thimakis said. “But I am not an attorney and should not have to read all the laws but be able to rely on the county recorder to give us good information. We did not get good information. I don’t know if we have a venue to file an appeal. I don’t know anything else at this point. But we did everything in good faith. And the letter I received from the county recorder said that, that the ordinance was unintentionally violated but that all the signatures were verified.”
Thimakis said petitioners did fill in addresses “for many who signed” because they were collecting six signatures at a time in some cases. But that it was done with permission from those who signed, he said.
“And the information they’re talking about is strictly their address,” he said. “I don’t really know where to go from here. I’m really disappointed in the system.”
As to the question of whether he will now drop the recall effort, Thimakis said he is not sure if he has any other choice.
“At this point I don’t know,” he said. “I will ask. I will find out if there’s anything to go through with, but no, I’ve been slapped pretty hard, I’m not really sure what’s going on from here. I don’t plan on stopping going after what they’re doing wrong.”
He concluded that he feels Oregon law seems designed to discourage people from challenging incumbents and that many in Waldport wanted to see a recall on the ballot but that “because of a technicality they’re saying that it can’t happen – that the people don’t get a say so.”
To advance to the ballot, it was necessary for petitioners to gather a minimum of 192 signatures from Waldport residents who are registered voters. The number of required signatures is set by the Oregon Secretary of State based on the calculation of 15 percent of the 1,276 city residents who voted in the last election for governor.
Thimakis previously told the Chronicle that at least 250 signatures had been collected for each council member.
What petitions claimed
Thimakis filed petitions with the city to begin gathering recall signatures on July 14 and July 15. They then had 90 days to complete the task.
The petitions say councilors voted in unison “to oust our lawfully elected mayor, defying the voters choice.” The council voted 6-0 on April 3 to remove Heide Lambert for violating the city’s charter for directing city employees in their duties.
Lincoln County Circuit Court Judge Sheryl Bachart ordered Lambert reinstated in May after Lambert asked for a judicial review of the council’s action and the council quickly complied.
The petitions also say councilors allowed Cutter to speak on their behalf in its intention to fight the district attorney’s decision not to file criminal charges against the mayor for returning to her seat April 10 when she was removed and arrested by a sheriff’s deputy.
The petitions also accuse councilors of keeping Lambert from responding to repeated public statements at council meetings, dismissing without investigation multiple complaints against Cutter while also failing to supervise him, resulting in fiscal mismanagement that included four years of delinquent city audits and impeding access to public records.
In conclusion, the petition referenced the city manager’s handling of issues surrounding the Waldport Beachcomber Days organization. It states councilors “condoned the city manager’s attempts to cause reputational and fiscal injury to residents and groups including slanderous statements, calling employers and filing complaints with various agencies.”
Council response
Dunn, who is the city council president, told the Chronicle on Monday that he was glad the recall attempt is over.
“The six of us have really stressed over this,” Dunn said. “And it’s taken a lot of our time away from things we could be doing for the city. I’m hoping now that we can come together as a team and start building a relationship and working on city business instead of fighting with each other. I hope this comes to a close and we can all work together.”
Dunn owns a pest control business and has served on the council since 2016. His term expires at the end of 2028.
Before learning the petitions were invalidated, Dunn said it had been hard to see all the false information posted about him on social media.
“I have worked hard for our community over the last nine years and want to continue to do great things,” he said. “Those that know me will tell you that I am not the person that this small group has made me out to be.”
Booth is a volunteer chaplain for Lincoln County fire districts, Pacific West Ambulance, Lincoln County Sheriff’s Office and the Oregon State Police and served 26 years in the Navy. Booth is serving his second term on the council and his term expires at the end of 2026.
Booth and Dunn are also on the Central Oregon Coast Fire & Rescue board.
Woodruff’s time in city government dates back to 2001 on the planning commission. She has been mayor and was most recently elected to the council in 2018 and 2022. Her term also expires in 2026.
Severson is a substitute teacher who coaches high school girls’ basketball. A Waldport High School graduate, she was elected in 2022 and her term also expires in 2026.
Townsend is a retired journalism professor with a background as a newspaper editor, columnist, photojournalist, sports and investigative reporter. He first served on the council in 2021-2022 and was elected in 2024 to a term that ends in 2028.
“The good people of Waldport trusted me to make decisions on their behalf to benefit and improve our city,” Townsend told the Chronicle via email prior to Monday’s announcement. “I am not perfect, but I always follow the law and have acted on a commitment to serve truthfully and ethically, to listen and to own my actions and words. It is only fair that I trust those who elected me twice to judge whether I have done that.”
Morris is a teacher at Crestview Heights School. Born and raised in Waldport, Morris was elected to the council in 2020 and 2024. Her term expires in 2028.
Also prior to learning the recall failed, Morris said via email that she believes the majority of citizens trust the council to represent their voices and that it was only a small group who believe they are not doing their jobs.
“I commend those (who supported) the recall for engaging in the democratic process and standing up for what they believe in,” Morris told the Chronicle via email. “I only wish it could be done with less hostility. The words and actions shared both in person and on social media have been incredibly hurtful and have caused real damage within our community.”
- Garret Jaros covers the communities of Yachats, Waldport, south Lincoln County and natural resources issues and can be reached at GJaros@YachatsNews.com
It’s so frustrating that these city council members focus solely on the “few” people in the community that were willing to sign the recall as being the ones causing damage in the community. The council’s actions were framed unlawful by the judge and the state’s ethics committee also found ground to investigate them. This quote—“The words and actions shared both in person and on social media have been incredibly hurtful and have caused real damage within our community.”—is meant to put all the negativity and damage on the citizens rather than on Dan Cutter and council members who attacked citizens both on social media and in everyday life. That is where this all began.
Geez, what a surprise. The recall petitioners show the same competence and ability to follow the rules as the Beachcomber Days group that inspired this entire mess. This bunch needs to give it up already.
If the recall folks were to try to do this again, as is being reported on the community page, what are the rules regarding that? Do they have to wait for a certain period of time? Hoping we can all breathe a (cautious) sigh of relief.
That’s wonderful. Congratulations councilors. So many people wasting so much time spreading misinformation. Happening in Depoe Bay now too.