The fight over a recall attempt for the Jenkins County Board of Education (BOE) District #5 seat continued in Jenkins County Superior Court last week with both sides being given 10 additional days to submit written arguments on the matter.

Judge Jay Stewart of the Atlantic Judicial Circuit presided over a hearing Oct. 1 to determine the sufficiency of legal evidence and probable cause in the matter. The hearing was requested by BOE Chairman Carroll Gay, District #5, after an Application for a Recall Petition submitted by the Citizens Organized for Fairness in Education (COFFE) was certified by the Jenkins County Election Superintendent.

Christine Stripling, a former educator with the local school system, serves as chairman of COFFE and represented the group in court. Gay was represented by attorney Lovett Bennett Jr. of Statesboro.

In her remarks, Stripling questioned the wording of advertised public notices and millage rates in connection with BOE tax increases in 2007 and 2008. She alleged that the public was not made sufficiently aware of the right to comment at the hearings and questioned why the 2007 rollback millage rate was not publicized in advertisements.

Attorney Bennett argued that Chairman Gay had performed the duties of his office legally and that there was no factual evidence to support the allegations against him.

"Disagreement with discretionary acts is not a basis for recall," he commented.

BOE Business Manager Janet Fields was called as a witness by attorney Bennett, and her testimony focused on the advertisement of public notices and budget information.

Judge Stewart will rule on the case after reviewing evidence and written arguments.

Should he rule legal grounds exists, the Recall Petition would be issued and the signatures of 295 registered voters from District #5 would be required to initiate the Recall Election. If those signatures are collected and certified, a Recall Election would be held. If over 50 percent of the voters vote "yes" for the recall, Gay would be dismissed and his post declared vacant. A Special Election would then be scheduled.

If Judge Stewart rules there is not sufficient legal evidence and probable cause to support the allegations, the recall attempt would fail.