San Bernardino Seal

By Ryan Hagen, Staff Writer l @sbcitynow on Twitter
Posted: 08/08/2013 06:51:08 PM PDT

SAN BERNARDINO — An expedited but tight timeline that could allow a recall election to be held on the same day as the regularly scheduled city election was approved Thursday in San Bernardino Superior Court.

Attorneys for the recall effort and for City Clerk Gigi Hanna will appear in court again at 9:30 a.m. Aug. 22.

Recall campaign manager Michael McKinney said the hearing date would allow the election to be held Nov. 5 — saving taxpayers money as opposed to a recall held separately — unless city officials tried to delay, which he said he expected.

“At today’s hearing, the city and its office holders raised a series of objections and procedural motions to try and silence the voice of over 30,000 residents who have signed recall petitions — all at the expense of San Bernardino,” McKinney said. “We are struck by the hypocrisy of our opponents who will on one hand object to city expenses caused by a recall, but on the other hand spend unaccounted time and money to fight us in court.”

If recall proponents were concerned about the timeline they should have filed their lawsuit sooner, said Allison Burns, an attorney with the firm handling the city’s bankruptcy case — Straddling Yocca Carlson & Rauth — who is representing Hanna.

The recall group filed a writ of mandate with the court on July 29, after attempting to file its first set of petitions, those against City Attorney James F. Penman, on July 11.

To rush now might not give enough time to gather necessary information and prepare a defense, Burns said.

“She should not be prejudiced by them sitting on their hands,” Burns said of Hanna.

Pasadena-based attorney Michael Allen, representing the recall group, said “practicalities” had gotten in the way of filing soon after July 11 as planned.

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