Recall To Unseat Two Highland Supervisors Dismissed

A recall petition to remove two Highland County supervisors from office has been dismissed by a county judge for a second time..

On May 7th, Highland County Circuit Court Judge Edward K. Stein dismissed both removal cases against Supervisors Henry Budzinski and Harry Sponaugle, court records show.

A day earlier, Special Prosecutor Joshua Elrod, had filed a motion to dismiss, which said “The Commonwealth represents that upon review of the petitions and surrounding facts, that there are no valid grounds to remove the respondents.”

The recall began early last year, when a group of citizens collected signatures from 10 percent of registered voters needed to recall Supervisors Budzinski and Sponaugle. Those voters accused the supervisors of “incompetence in the   performance of the duties of the office,” when voting on a new Emergency Medical Services plan, according to the removal petitions filed with the court.

That petition was dismissed last August by Judge Stein without prejudice due to improper certification of voter signatures. The dismissal allowed voters in December to refile new petitions for recall after collecting a second round of registered voters’ signatures.

 

In January, Judge Stein appointed Elrod, the Buena Vista Commonwealth Attorney, as special prosecutor to investigate whether valid grounds exist to unseat the two supervisors.

Highland Commonwealth Attorney Megan Yelen had asked Judge Stein to appoint a special prosecutor, citing an existing appearance of impropriety. She did so because Supervisors Budzinski and Sponaugle had opposed – in writing and verbally during a board meeting—Yelen’s wish to classify her part time position to full time.