Independence neighbors pushed to get recall election. Then others sued to stop it
A special election has been set to recall Independence First District Councilmember John Perkins, primarily due to his vote approving $6.2 billion in tax breaks for a Nebius data center project. However, a lawsuit has been filed by a group of residents in Jackson County court seeking to halt the recall election, alleging that the petitions were legally insufficient and submitted late. The lawsuit also questions the constitutionality of recalling a council member over policy disagreements rather than competence.
The City of Independence has scheduled a special election for Tuesday, September 1, to determine the recall of First District Councilmember John Perkins. This recall effort was spurred by resident criticism of Perkins' vote in favor of $6.2 billion in tax breaks for a $150 billion, 400-acre hyperscale artificial intelligence data center from Dutch company Nebius, currently under construction in northeast Independence. Two other council members who also voted for the tax breaks have since been voted out of office, and recall organizers have additionally criticized Perkins for not hosting public information events regarding the tax breaks.
Days before the council approved the election, a lawsuit was filed by First District residents Jason and Joyce White and Helen Hurley in Jackson County court, aiming to prevent the recall election. The plaintiffs argue that the recall petitions are legally insufficient, specifically claiming that the second batch of required signatures was submitted one day late, making them void. They also contend that the city's referendum process for recalls is unconstitutional when based on disagreements over votes rather than a lack of competence.
The City Council approved an emergency measure to expedite the election process, despite an estimated cost of $164,400 for the special election, which will require a budget amendment. Independence Mayor Kevin King defended Perkins' vote, stating it prioritized the city's long-term financial wellness, urging constituents not to penalize the council member for a decision made with the community's needs in mind.
Conversely, McKenna Cobb, cofounder of the Independence Action Committee, highlighted the significant effort by hundreds of District 1 residents to collect signatures for the recall. Cobb emphasized that supporters believe the petition process was fair and correct, and that residents deserve the opportunity to exercise their democratic right to reconsider leadership.