Let’s Play Recall!

[October 24th, 2007]

As the state agency that polices the police pursues its ethics case against Multnomah County Sheriff Bernie Giusto, one thing has become painfully clear: Giusto is unlikely to step down, even if he’s stripped of his badge.

Faced with an investigation by the Oregon Department of Public Safety Standards and Training into whether he lied repeatedly to the public—including about what he knew of former Gov. Neil Goldschmidt’s sexual abuse of a 14-year-old girl—Giusto has remained defiant. This month, Giusto refused an invitation from investigators to step down and avoid a messy public airing of his past.

Giusto did not respond to WW’s repeated requests for comment. Also last week, DPSST officials extended Giusto’s deadline for a written response to them from Oct. 23 to Nov. 16, and pushed the date for discussion of the case from Nov. 13 to Feb. 12.

No one relishes a disgraced sheriff in a county only now recovering from years of bad press and public screw-ups under former Chair Diane Linn. Current commissioners publicly say they’re taking a wait-and-see approach to Giusto. But their staffs are privately discussing legislative solutions for taking Giusto down if he doesn’t leave, according to two highly placed sources in Multnomah County headquarters.

The most promising legislative option is to amend the county charter and make the sheriff an appointed rather than elected position. That was the case in Multnomah County until 1982, and would allow commissioners to remove Giusto at will. It’s an uncertain option, however, and would require voter approval, which wouldn’t happen until March at the earliest—more likely in May to avoid the expense of holding an election to decide that issue alone.

Giusto’s support in other quarters could wither as well. The jail deputies union, whose support was crucial in getting Giusto twice elected, won’t back him if he’s stripped of his badge, says union president Sgt. Phil Anderchuk.

But there is a third sure-fire way you can get involved now to get rid of Giusto—a voter recall. It’s a daunting task that would require nearly 39,000 signatures from registered county voters to put a recall on the ballot. And no one has yet emerged to take it on. But as Giusto readies his defense, the pressure for a recall could grow considerably.

The last effort at a countywide recall failed in 2004, when the Christian Coalition of Oregon couldn’t collect enough signatures to oust Linn and three county commissioners for briefly allowing same-sex marriages.

But Giusto could be ripe for a takedown. Paul Van Orden, a city noise-control officer who got about 10 percent of the vote against Giusto as a write-in sheriff candidate last year, says he would help organize a recall effort but doesn’t have time to lead it.

“Even if it’s not successful, it would send a pretty strong message to the county commissioners that they have to take action,” Van Orden says.

Here’s a do-it-yourself guide to a Giusto recall:

Ready, set, go! File a prospective recall petition with the county elections office at 1040 SE Morrison St. The one-page form can be picked up at the elections office or downloaded at www.sos.state.or.us/elections/publications/recall.html.

You and your friends now have 90 days to gather signatures from 38,971 voters registered in Multnomah County—that’s 15 percent of the 259,804 county residents who voted in the last governor’s race, as required under state law for recalls.

You did it! Now turn in those signatures to the county elections office. But you better have at least 50,000 to be safe. A bunch of them will probably be disqualified for one reason or another—usually because they’re not registered to vote in the county.

Now it’s the county’s turn to face a deadline. They have 10 days to verify the signatures. That seems like a lot of work. But because there are so many signatures, they get to look at a statistical sample rather than inspecting every single one.

Congratulations! If your signatures pass muster, the recall is certified. The last time that happened in Multnomah County was the 2004 recall of Corbett Water District Chairman Gordon Fulks and Vice Chairman Doug Geller, which required only 200 signatures from that district.

The ball’s back in Giusto’s court. The sheriff has five days to decide whether to resign or fight the recall. If he doesn’t resign, Giusto has the option of submitting a 200-word statement for the ballot defending his record. A 200-word statement from the original recall petition on why Giusto should go will also be on the ballot.

The recall goes to a countywide vote. This can either be a special election or part of an election that was already scheduled, but it has to happen within 35 days of the end of Giusto’s five-day window to resign. If a simple majority votes yes, it’s buh-bye Bernie.