A recall petition of Quincy City Commissioner Micah Brown has been denied by Second Judicial Circuit Chief Judge Charles Frances.
In his response to Emanuel Sapp, who had requested the recall election, Judge Frances wrote, “Because I find the recall petition did not articulate a valid basis to recall Commissioner Brown, a recall election is unwarranted and will not be ordered.”
The following are excerpts from the denial:
• The recall is treated as an extraordinary proceeding with the burden on those seeking to overturn the regular elective process to base the petition upon lawful grounds or face the invalidation of the proceedings.
• The petition alleges incompetence, misfeasance, and malfeasance. Specifically, it alleges that Commissioner Brown voted to make the interim city manager the permanent city manager in exchange for the city manager giving Children Are Our Future a debt write-off.
• These allegations are legally insufficient to establish incompetence, misfeasance, or malfeasance. The petition does not articulate how the alleged conduct would violate state law or the city charter such that it would constitute malfeasance or misfeasance. Moreover, the statement makes no showing that Commissioner Brown is incompetent in the traditional legal sense i.e. that he has a mental or physical incapacity that would prevent him from carrying out his duties. Nor does it even allege facts sufficient to show that Commissioner Brown is so inept in fulfilling his duties that he would be statutorily incompetent in the more general meaning of the word.