Judge Denies Tamarac Commissioner’s Motion to Stop Recall

Patte-atkins-grad-2 copy

By: Sharon Aron Baron

Tamarac Commissioner Patte Atkins-Grad suffered a setback when a judge denied her motion to stop the recall organized to oust her from office.

“I am elated that the people of District Two will prevail,” said Recall Team Treasurer Patti Lynn from the phone at the City Commission workshop Monday morning.

In a hearing held on June 27, before Broward County Circuit Court Judge Michael Gates, Attorney Stuart Michelson alleged that his client, Atkins-Grad, would be irreparably harmed if the recall petition was permitted to go forward, Michelson argued that petitions were defective, used twice, and there were no oaths on the petition and they must swear before a notary.

According to Judge Gates, he says that although Florida Statute mentions that the form must include an “oath,” which they currently have now, nothing within the recall statute requires the circulator’s signature forms must be notarized.

It was argued that during the second attempt, recall organizers used the same petition which is identical to a previously used petition which did not obtain a sufficient number of signatures necessary, Judge Gates says this argument fails, because nothing contained within the Florida Statutes prohibits a recall effort that failed, for lack of signatures, to be reattempted based on the same grounds. He states that the plaintiff has failed to provide the Court with any case-law that supports this argument.

Judge Gates says that Plaintiff has not presented any evidence or argument that any of the signatures obtained are invalid or were obtained through fraud or other improper means. These are the core and material requirements necessary to comply with the recall statute.

“This is great news and it recharges our efforts,” says Recall Volunteer and Woodlands Country Club Resident Michael Delemma who attended the hearing in June. “Patte was just telling everyone how she was going to be our commissioner until November 2014 whether we liked it or not.”

Recall Team members are still collecting signatures and only have until July 21 to gather roughly 1,800 signatures to hold a new election for a new commissioner.

Residents that are registered to vote in District Two in Tamarac that would like to drive through and sign the Petition may do so at the Woodlands Country Club Clubhouse on Rock Island Road on these last few days:

Tuesday:        July 9th        5:00pm – 7:00pm
Saturday:       July 13th       11:00am –  2:00pm
Tuesday:        July 16th       5:00pm –  7:00pm
Thursday:       July 18th      5:00pm –  7:00pm

About Sharon Aron Baron

Sharon Aron Baron Sharon Aron Baron is the Editor of Talk Media and writer for Tamarac Talk and Coral Springs Talk. Tamarac Talk was created in 2010 to provide News, Views and Entertainment for the residents of Tamarac and to give resident's a forum. We are not affiliated with the City of Tamarac. That's why this site can be occasionally opinionated and obviously open.

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  • David

    Hats off to the Judge who saw past this waste of time case and let the people move forward with the recall. I hope the Michelson’s got paid upfront from Patte.

  • Laurie G

    Way to go!!! Let’s get the signatures and get someone to represent us in here for the good of this city for Heaven’s sake. This has been the year of the most selfish politician staying well past their welcome. Goodbye!

  • SusanY

    Congratulations. Now keep on going until we get someone fit to serve. Thank you for your tireless work.

  • Micheal

    Thanks everyone for recognizing the hard work we the recall committee are doing. In the end it will all be well worth it, sending a messege to corrupt politicians that the citizens can actually do something about it. Patte continues to demonstrate her lack of professional and ethical behavior. Throwing a water bottle at one of our recall members is just the icing on her coffin cake. She has been assaulting people verbally for months, but now she has reached an all time low, even for her. Soon her day of wreckening will be here and we can all breathe a litttle easier and bask in the sun of success. Thank you for your continued support…