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P.G. recall effort backfires, fizzles

By KELLY NIX

Published: August 7, 2009

AN EFFORT to recall Pacific Grove Mayor Dan Cort from office backfired on the activists who launched it this week, resulting in a flood of support for the mayor, even as petitions to remove him from office drew only a few signatures.

Saying the controversy would distract the city from important business, Cort announced Monday evening he would resign, just hours after receiving an email from David Dilworth, who threatened to launch a recall effort the next day if Cort didn’t leave his post.

In the email message, Dilworth said he would hold off contacting the media about the recall effort if Cort immediately resigned, and even suggested Cort lie to the public about the reason for his resignation.

“If you publicly elect to resign ‘for family’ or any other reason before we begin gathering signatures at 11:45,” Dilworth wrote to Cort, “the people who have already signed have agreed that the media and the general public never need know about you facing a recall effort.”

“Do not construe this as a negotiation,” Dilworth added, “nor is it up for discussion.”

But after Cort’s announcement he would resign, the mayor said he received more than 450 email messages, many of them pleading with him not to quit.

“They brought tears to my eyes,” Cort told The Pine Cone. “They were the most loving messages.”

Many of the emails he received chastised Dilworth (who claims to be executive director of an environmental group called Helping Our Peninsula’s Environment) and activist partner Terrence Zito for making the recall threat and Dilworth’s email.

“Most of the messages I got said Dilworth is just a mean-spirited person and that they never had any confidence in him or liked him,” Cort said.

During Wednesday’s council meeting, about 14 people addressed the council in support of Cort, but not one spoke in support of the recall effort. Dilworth and Zito have reportedly only collected a handful of the 1,000 signatures of registered voters required to place the recall on the ballot.

The Pine Cone sent questions via email to Dilworth. “Politics, like art, is about drawing the line somewhere,” Dilworth said. “We all have to decide what is too much.”

Though Dilworth’s threatening email may not have broken any laws, Cort said he feels Dilworth’s reputation has been permanently damaged by the email message.

“I think it’s the end of whatever limited credibility that man had,” Cort said.

Jennifer Haydu, who said she has previously defended Dilworth, sent him an email message this week, calling the recall effort a “ridiculous waste of time” and a result of a “personal vendetta.”

Others said Dilworth “went too far,” is in need of “psychiatric care,” and called him a “nutjob.”

Not a crime?

Cort said he doesn’t believe a recall effort would have ever been successful and said his decision to resign was made based on family issues, and to spare the city and fellow council members the distraction while it grapples with its financial problems.

“I don’t think we should be distracting this city from the work it’s doing,” Cort said.

Zito Tuesday also announced an effort to also recall council members Bill Kampe, Vicki Stilwell and Deborah Lindsay “for their votes to give raises to city employees while cutting back vital services for Pacific Grove citizens,” and for a “pattern of mismanagement of city assets and finances.”

“Four former P.G. city council members” have signed the recall petitions, Dilworth said Thursday.

In his now infamous email to Cort, Dilworth wrote, “There is one small light remaining for you, assuming you may wish to save your reputation from the recall footnote that would be in your Wikipedia entry for the rest of your life.”

Though Cort, 58, told The Pine Cone he felt Dilworth’s email message amounted to extortion, Monterey County Chief Assistant District Attorney Terry Spitz said it doesn’t appear a crime was committed.

“Demanding that a public official resign or face a recall effort, without more, would not appear to fall within the prohibitions of [California Penal Code statutes],” Spitz said.

As of Thursday, Cort had not signed resignation papers with the city.

City attorney David Laredo said the city council has 30 days from the effective date of the Cort’s vacancy to fill the position. Four council members must vote to appoint Cort’s replacement. “The appointed officer would serve for the remainder of the unexpired term, or until the next regular city election after the appointment, whichever next occurs,” Laredo said. “For the mayor, this would be November 2010.”

- Dilworth’s Aug. 3 email to Cort

Hello Dan,

Sorry to bring you bad news.Tomorrow morning at 11:45 we will begin publicly gathering signatures to recall you from office. I have attached a copy of the Recall Notice petition.

There is a group of cross-partisan citizens who have committed to work diligently and persistently to allow Pacific Grove voters to remove you from office.

There is one small light remaining for you, assuming you may wish to save your reputation from the Recall footnote that would be in your Wikipedia entry for the rest of your life. Do not construe this as a negotiation, nor is it up for discussion.

I am authorized to let you know that if you publicly elect to resign “for family” or any other reason before we begin gathering signatures at 11:45 — the people who have already signed have agreed that the media and the general public never need know about you facing a recall effort.

I am authorized to let you know, because I am the only one left who wishes to give you the chance to save face. 

With all due respect and haste,
David Dilworth