A College Park city councilwoman who is the focus of a recall effort by a group of residents has taken legal action to stop the process for now.
Her attorney has named two people, College Park Deputy Clerk Queenie Brown and city resident Mose James IV, as respondents in the court filing.
Jeremy T. Berry, the attorney for Councilwoman Jamelle McKenzie, filed the lawsuit on her behalf in Fulton County Superior Court Friday. The petition asks for a review “of the sufficiency of the recall application” to remove the councilwoman from office.
McKenzie has asserted that accusations leading to the recall efforts are false.
James filed an application for the recall of McKenzie with the city clerk’s office on July 22. He is a member of United College Park, a political action committee that says they believe the Ward 1 Councilwoman has violated her oath of office. They allege McKenzie has harassed or intimidated constituents who disagree with her, including blocking them on social media and threatening legal action, as well as other alleged acts of misconduct.
The group garnered 233 signatures — more than twice the number required — for the application for recall. Now, it has started working toward collecting 1,423 signatures for the recall petition.
Georgia law states that recall proceedings are suspended when a superior court review is pending.
Berry questions in the court document whether Brown had time to verify signatures on the recall application, considering the backlog of open records requests at the city clerk’s office.
McKenzie’s legal action says that the grounds for the recall and the allegations against her are not “legally sufficient.”
The lawsuit names James as the petition chairperson and accuses “politically-motivated people” of not accepting the outcome of the recall process and “weaponizing the recall process.”
“Councilmember McKenzie filed this petition because the basis for the recall is nothing more than people who don’t like the fact she was elected or the way she has voted,” Berry told The Atlanta Journal-Constitution in a statement.
Berry said he will request that the judge set a hearing date and a discovery date which will allow him to obtain depositions.
Dom Kelly, chair of United College Park, says the group expected the legal action and that many who signed the petition or recall application voted for McKenzie last November.
“Jamelle has every right to challenge the recall efforts as set by the Georgia code,” Kelly said. “We have evidence to back every claim and feel very confident by our ability to win in court. This is part of the process. We feel certain that we will be able to prove there is probable cause.”
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