The Dacotah Chapter of the Sierra Club has the necessary documents for a possible recall of members of the Burleigh County Commission. And while Burleigh County commissioners recognize the citizens' right to petition, they say they believe it is an unnecessary step.

Jonathan Bly, conservation coordinator of the chapter, said after the Jan. 30 public hearing on a riverfront ordinance, they felt the commission was putting more weight into amendments proposed by the Missouri River Coalition than the recommendations made by the county planning commission.

The group picked up the recall documents on Friday. The commission was expected to vote on an ordinance Monday but delayed action after a resident presented information regarding a possible conflict of interest by two commissioners and the issue was referred to the Burleigh County state's attorney for an opinion.

While the club hasn't decided whether to pursue a recall, a board consisting of Burleigh County residents has been formed to discuss such action. Bly said only commissioners Claus Lembke and Doug Schonert would be targeted if a recall were to happen.

"We believe Schonert has a conflict of interest," Bly said. "How can you get a fair hearing when one of the key organizers against the ordinance is voting on it? It's apparent that (Lembke and Schonert) had their minds made up before the hearing."

The possible conflict of interest is related to Lembke's association with the North Dakota Association of Realtors and Schonert's position as director of the Burleigh County Farm Bureau.

The planning commission recommended a riverfront ordinance last month, but the county commission has made revisions to it. Bly said as the proposed ordinance stands now, it would do "absolutely nothing to protect the river." But, he said, the commissioners still have the opportunity to amend the ordinance to something closer to the planning commission recommendation. If they did that, he said, the group would feel the commission would be acting in the best interest of the majority of Burleigh County residents.

"There's a long list of reasons to have the ordinance," Bly said.

Burleigh County Auditor Kevin Glatt said his office has never dealt with a recall election before. He expects the cost to the county would be approximately $20,000. While Glatt does budget some money for special elections in non-election years, it would mean the county would have less money to start with next year.

"Somebody's got to pay for it," he said.

According to the secretary of state's recall rules, the recall petition must state a reason for the recall and be approved by the secretary of state before circulation. Signatures needed for a recall of an elected county official must equal 25 percent of the number of votes cast in the preceding general election for governor. In Burleigh County, that number would be 8,695 signatures for each person recalled. Petition circulators and signers must be qualified voters of the county and the signatures would be filed with the county auditor.

Tim Atkinson, chairman of the planning commission that developed the recommendation for the river ordinance, said his group's work is done and it is now up to the county commission to adopt an ordinance

"I think it would be everybody's preference that the general public felt they had been sufficiently represented by their elected officials and that it wasn't necessary to take action but that is their choice," Atkinson said. "I think that even thought Schonert and Lembke might not agree that the action is warranted, they would still support people's right to take that action if they feel it is the best course of what they are seeking."

"(The river ordinance) has been referred to the commission to make the decision and it's back in the state's attorney's hands right now," Schonert said. "We'll let them make their decision (on conflict of interest) and the ordinance decision will be made at the next meeting."

Commissioner Scott Johnson said that while he could see a possible conflict of interest, he would agree with the state's attorney's opinion.

"I don't want to see a recall," he said, "I think those commissioners would do what is fair and have the knowledge to make the correct decision at the time. I'm not siding with anyone but people on the street feel that there's a conflict so I guess that's why we go with the state's attorney's opinion."

Commissioner Marlan "Hawk" Haakenson said that he thinks a recall would be a drastic step and the Sierra Club should wait for the state's attorney's opinion before going any further.

"I think they should settle down and wait for the state's attorney's decision but everyone has the right to (petition and recall) and I don't begrudge that," he said. "If the state's attorney rules there is not a conflict then all (the Sierra Club) has to carry it to the people with is that they don't like (the river ordinance)."

Lembke said he has spoken with representatives of the Sierra Club on some of the issues of the river ordinance. He is confident that he will retain his seat even if recalled.

"I've been elected and re-elected and I vote with what I feel is the wishes of the majority of Burleigh County citizens," Lembke said. "The Sierra Club has every right to petition but it is disappointing when you have a difference of opinion and don't like it so resort to other methods just to get your way."

Commissioner Jerry Woodcox said he doesn't think a recall would be warranted.

"People elected (Schonert and Lembke) and knew what they did before," he said. "There might be a conflict but there's a lot of conflicts in what we act on. There are times you should recuse yourself but it's an individual decision. Sometimes decisions are not easy to make, but we're not going to be able to please everyone."

(Reach reporter Angie Buckley at 250-8255 or angiebuckley@ndonline.com.)