UPDATE 12/20/10 @ 9:40 p.m.
PORTSMOUTH, Ohio (WSAZ) -- Ousted Mayor Jane Murray left her office Monday for the last time.

It was her last day on the job before David Malone takes office Tuesday.

In a letter of farewell, Murray discussed infrastructure issues, the ever-growing drug problem and asked the community to "do you civic part, get informed and work to protect your property, your enjoyment of your home, your neighborhood, your job."

Murray ended the letter with, "I'll stay involved and I'll be around."

A ceremony for Malone is planned Tuesday.

The final vote: 63 percent voted for the recall, and 36 percent voted to keep Murray in office. Voter turnout for this special election was 26 percent.

More changes lie ahead for the city -- that’s an understatement.

Murray was voted in on a mandate to change. But her short time in office was filled with more controversy than compromise.
She started by blanket firing several city directors. Her water and sewer departments fell out of compliance with the EPA, and she never could get a consensus with city council.

They called her iron-fisted, that she said first thing, "It’s my way or the highway." She said they would not listen to reason.

Murray beat one recall challenge in court, but the second attempt went to the voters.

As the early returns came in, the vote looked close. But as more of Portsmouth’s 19 precinct votes were tallied, a realization hit. It was yet another in a long string of recalls in the politically polarized river city.

By charter, the new mayor will be City Council President David Malone, a minister and counselor.

After the recall was in, we talked to the outgoing and incoming mayors.

"I tried to make the major changes needed to get this city back on track, but there was a faction that resisted any sort of change," Murray said.

Malone responded, "I’m excited about the opportunity. I think I can find some agreement and provide a moral compass. I know there's a lot of work ahead I hope to get it done."

Malone will fill out the rest of Murray’s four-year term, working as mayor until 2013.

Murray will remain in office until the recall results are certified Dec. 20.

With all 19 precincts reporting, the count was 1,978 to recall Murray and 1,145 to keep her in office. Voter turnout was 26 percent.

Of course, Murray has been no stranger to controversy since she was elected in 2008. She survived an earlier recall drive and fought hard to remain in office. Among the controversy during her term was what to do with the city building after black mold was discovered there.

Murray isn't the first Portsmouth mayor to be recalled. In 2004, seven-year Mayor Greg Bauer was recalled by a two-to-one margin. In Murray's case, 63 percent of the voters decided to oust her and 37 percent chose to keep her in office.

Murray will remain in office until the recall results are certified Dec. 20. Portsmouth City Council President David Malone is next in line for the post after the vote is certified.

WSAZ.com's Randy Yohe is at the Scioto County Courthouse and will have more information. Keep clicking on WSAZ.com for the latest.

WSAZ.com's Randy Yohe is at the Scioto County Courthouse. He will have much more later Tuesday night.

Keep clicking on WSAZ.com for the latest information.

WSAZ.com's Randy Yohe caught up with Mayor Jane Murray on recall election eve -- and heard the voice of the voter.

Bundled up with some helpers all campaigning door to door, Murray was passing out flyers -- touting her administrations 10 months of accomplishments. All this happened as she pleaded with voters to let her do the job she was elected to do.

“I've been trying all year, there's so much to do -- just today, there are three major water main breaks in the city, whatever people think, maybe I made mistakes, went too fast, It's proven I have the background to rebuild this city," Murray said.

Portsmouth voters only need a majority -- one vote could make the difference at the ballot box to oust or keep this first-year mayor.

In 2004, seven-year Portsmouth Mayor Greg Bauer was recalled by a whopping two-to-one margin. Many said the infamous Marting’s Building purchase was Bauer’s downfall. Murray says political factions in the city were out to get her even before she was elected.
She says that from the beginning they were out to thwart her efforts -- and that's nonsense and bad for the community.

So, in downtown Portsmouth, across from the infamous Marting's Building we asked, Should Mayor Murray be recalled?

From on the street voters we heard, "She is not competent;" "give her a chance;" "too many lawsuits and stupid things she's done;" "this is a waste of taxpayer money;" "vote her out at the next election if you will, but for now, leave her be."

If she keeps her job, Murray says she will get the city solicitor to intervene and work to help find cooperative common ground with city council. Murray says she’ll work with solicitor Jones, turn in all her projects to the council president and say, "Mr. Malone, assign these to committee, have public debate and let’s go."

We asked, "Didn't you do this before?" Murray answered, "I've tried."

Now, the first woman mayor of this challenged river city is trying to keep her job.

The polls will be open in Portsmouth from 6:30 a.m. to 7:30 p.m. Tuesday for the recall vote.

Keep clicking on WSAZ.com for the latest information.

The high court said the Scioto County Board of Elections followed the law in verifying the recall petitions.

This was the embattled mayor's second attempt at reversing the board's decision.

The recall election will take place next Tuesday, December 7.

Portsmouth polls will be open from 6:30 a.m. to 7:30 p.m.

Keep clicking on WSAZ.com for the latest information.

And if that doesn't work, she'll campaign hard to stay in office.
But can anything heal the politically dysfunctional city government?

"Its personality clashes, with personal and financial interests in place,” said Dr. Stylianos Hadjiyannis, a Shawnee State University professor.

That being said, Hadjiyannis -- who claims to be the only political scientist in Portsmouth, as well as neutral -- says everything surrounding the divisive recall is, for better or worse, a prime example of American democracy at work.

"It can be chaotic," he said. "It may not show the best side of government at work, but it's the best we got."

"People have agendas," Portsmouth City Council President David Malone said.

Malone stands to be the next mayor if Murray is recalled. Malone says much of the city's political infighting stems from the mayor's iron-fisted rule and disregard for policy and procedure.

"From day one, she told council she would take us to court if we didn't do what she wanted," Malone said.

Murray, however, says, "That's dead wrong.”

The battling mayor, who has said Portsmouth city government is the most corrupt she's ever seen, says she’s been a vendetta target since day one.

"People in a struggle for power just make things up as they go along," Murray said.

What might heal all this animosity? Hadjiyannis says do what South Africa did to heal apartheid -- organize a reconciliation committee.

"Get both sides, maybe three sides to sit down and try to forgive, forgive and forget," he said.

Portsmouth political infighting is not new. After an extremely bitter battle, Mayor Greg Bauer was recalled in 2004, and council president Jim Kalb became mayor.

Then Kalb was defeated in the latest mayoral election by a new agent of change -- Murray.

Unlike they mayor's first protest victory, the committee to recall also had a lawyer present to argue their side of the case.
City clerk Jo Ann Aeh said she made no mistakes in validating these petitions.
Mayor Murray’s lawyer argued that the latest petitions again had several discrepancies in signatures and overall verification that violated state laws.

But the recall committee used a home rule defense, arguing that all Portsmouth city charter laws were followed correctly - and in this case city law should trump state law.
The board of elections agreed, tossing out some names, but this time, leaving seven more than the 1148 needed for recall.
Recall committee organizer Tom Bihl:”It's been a lot of work, but we feel strongly that the voters should be able to decide this question.”

Mayor Murray left quickly, refusing comment.
Her lawyer talked of a possible appeal - that could include a court injunction to stop the recall special election.
Corey Colombo: “We would appeal to the courts. It would be the mayor's decision, but it could be appealed to the Supreme Court.

And why does the recall committee believe so strongly that mayor Jane Murray should go?
Tom Bihl:”You have to get along with fellow office holders, citizens, communities -we do not feel this mayor has demonstrated she can do that.”

Mayor Murray has said consistently that she makes her decisions on what is best for the city.

The special recall election is now set for December 7th.
There was some concern from the board of elections about the cost - but the chairman tells us the funding problems were solved.

UPDATE 11/8/10 @ 9:00 p.m.
PORTSMOUTH, Ohio (WSAZ) -- The Scioto County Board of Elections Monday denied a protest by Portsmouth Mayor Jane Murray. The latest petition drive has enough valid signatures to move forward. 1,148 valid signatures were needed to force the recall, the Board of Elections determined Monday that there were 1,155 valid signatures.

The recall election is set for December 7th.

UPDATE 10/28/10 @11:46a.m.
PORTSMOUTH, Ohio (WSAZ) – The Mayor of Portsmouth says she will fight a second recall effort.

Lat week, a new batch of petitions were verified by the city clerk.

According to the city charter, Portsmouth City Council must pass an ordinance Thursday night that schedules a special recall election.

Mayor Jane Murray says she will challenge the recall. She won in her challenge on the first go round.

If the recall goes through, the special election will take place on December 7.
.
Early and absentee voting would begin Tuesday, November 2.

That word Thursday from Portsmouth City Clerk Jo Ann Aeh.

Aeh tells WSAZ.com the petition has 1,171 verified signatures. That is 23 more signatures than required.

If Mayor Murray does not resign in five days, the recall will move forward to City Council which must pass an ordinance to hold a special election on the recall.

Aeh says a special election could be held the first two weeks in December. That election could cost between $20,000 and $25,000.

In September, Mayor Murray challenged and won the first attempt to recall her.

Keep clicking on WSAZ.com for the latest information.

Recall committee chairman Tom Bihl says he turned in 1,368 signatures, needing a minimum of 1,148.

Portsmouth City Clerk Jo Ann Aeh says she has 20 days to verify the petitions.

Aeh says if they are verified, a special election would likely be set for the beginning of December.

People in the Scioto County Board of Elections office estimate a special election will cost taxpayers from $20,000 to $25,000.

Keep clicking on WSAZ.com for the latest information.

After Tuesday's recall protest hearing, which was initiated by the mayor, the Scioto County Board of Elections voted to invalidate the recall petitions signed by hundreds of residents. Those petitions would have put a "keep or oust the mayor" vote on the upcoming November ballot.

This victory for the mayor hasn't ended the war.

The four-member Scioto County Board of Elections was unanimous in its decision to sustain Murray’s protest and throw out the recently verified recall petitions. They were petitions that would have allowed voters to decide if Murray might make an early office exit.

"Early on there were naysayers, but many have become supporters," Murray said. "I hope they're ready to get on board and go positive."

Murray’s lead lawyer gave the board more than a dozen reasons he believed the recall petitions violated the city charter or Ohio state law.

Attorney Corey Polumbo noted problems with signatures dates and verification. He called Jo Ann Aeh as the only witness, accusing the long time Portsmouth city clerk of conflict of interest.

Aeh did verify the nearly 1,200 petition names, while notarizing for some of those names. But she denied any intentional interjection or conflict of interest.

In the end, the board denied most of the mayor’s protests, but upheld a problem with verifying four signatures and dates that eliminated an entire petition page. Making the overall petition 15 names short of the minimum required.

The city clerk admitted a minor mistake that if caught would have removed four names, not the 38 that shot the whole recall down.

“Even still, the mayor's lawyers might have said that mistake would invalidate the whole recall," Aeh said. "I've never had this happen.”

Any new fresh recall would not be done in time for the November ballot. Nevertheless, the committee to recall the mayor organizer says he'll start on Wednesday with recall round two.

"It’s too bad we will now have to have a special election and all that expense, but it has to be done," recall organizer Tom Bihl said.

Murray says she was elected to make major changes and -- with change -- comes challenges.

Aeh says in her 22 years in office, she's handled 21 recalls. Six of those went to the ballot, and three office holders were removed. Aeh says until now, not one recall petition was questioned after verification.

This means there will not be a recall election in November.

38 names on the petition were thrown outby the Scioto County Board of Elections, so that meant the recall is short 15 names short.

The group that's trying to recall Mayor Murray says it'll start over again.

Because time is a factor, if an attempt is made for another recall, it would have to be a special election and would not make it in time for the November election.

WSAZ.com's Randy Yohe will have more on this tonight at Five and Six on WSAZ NewsChannel 3.

The hearing is taking place before the Scioto County Board of Elections.

Last week, Mayor Jane Murray sent a letter to the Board of Elections saying there were numerous problems with the recall, including improper notarizations, conflicts with the city clerk, and improper signatures.

Two weeks ago City Council voted to put the recall on the November ballot after getting word from the City Clerk the petitions were valid.

Tuesday’s hearing is expected to last most of the day.

Portsmouth City Clerk Jo Ann Aeh is one of the people testifying.

We’re told the Board will render a decision Tuesday.

The mayor's comment -- made here on WSAZ.com -- sparked community uproar and more corruption claims.

Under fire since taking office from several sides and facing a November recall, Mayor Jane Murray's accusing response is still the talk of the town.

“This is probably the most corrupt city and corrupt government I’ve ever seen,” Murray said.

Portsmouth Police Chief Charles Horner says he investigates criminal wrongdoing. The chief, who basically works at the pleasure of the mayor, says his boss needs to basically put up or shut up.

“It’s highly improper for anyone to make allegations of corruption unless they are reported,” Horner said. “It's the law to report a felony. If you want to know if this was real or rhetoric, ask the mayor.”

The mayor said her corruption claim is real, not rhetoric, but she's not ready to get specific -- yet.

"With my experiences in office, I know things, but it has to be given to the right authorities, and when I'm ready to do that, I'll do that," Murray said.

After the caustic comment by the mayor, City Councilman Richard Noel, who supports the mayor, talked at a council meeting about his own corruption probe. He said he would not go on camera until he had his evidence ready.

Noel did tell WSAZ.com he stands by his remarks to the newspaper, saying, "The things I know can't go to local law enforcement, or judges, or the solicitor -- it has to go to the Feds, and someone will go to the penitentiary."

"I challenge him to bring it forward, it only hurts the community to make wild or absurd statements about corruption if the evidence does not exist," Horner said.

Murray blames -- in part -- subversive, underground Internet blogging with fanning the flames of city corruption.

The ordinance will now go to the election commission to be included on the November ballot.

Last week, the city clerk verified there were enough signatures on a recall petition to challenge the Mayor’s job.

Murray has been in office less than a year.

The meeting came just a few days after the city clerk verified signatures on a recall petition for Murray's job.

Even though the recall was not on Monday's agenda, the undercurrent was evident in what Murray described as "probably the most corrupt city government I've seen."

She added that she has no intention of resigning.

"I have calls and people stop in my office everyday saying they support me and continue to, and they'll work just like they did on my campaign," Murray said.

Councilman Richard Noel said, "She has, in my opinion, done an excellent job under the circumstances. Her budget has been cut to bare bone."

Fellow Councilman Nicholas Basham said, "As council, we have no choice but to put it (a forced reelection) on the ballot because that's the way our charter is set up. So it was issued from the citizens."

The recall petition gave Murray an opportunity to immediately resign of face a forced reelection in November. Murray emphasized that the decision will be left to the voters.

That means voters will have the chance to vote on the recall in the November election.

Murray now has five days to resign, however, she says that won't happen.

"It's not about policy, it's a game and the game is get Jane Murray. I stand by every decision I've made," Murray said. "This is probably the most corrupt city government I've seen."

She also says she's not playing games with city council, a group that Murray says rejected her balance budget proposal and instead put the city in the red, at $4 million and growing.

"This is council's budget deficit. Council will take the responsibility, not me. I'm working every day, we must replace infrastructure," Murray said.

When asked about the revolving door of administrators on her staff, including the recently departed Multi-Department Chief Jeffery Peck, Murray said, "He was so vilified, I've never seen anything like it. The council basically ran him off."

Municipal judges and so many more are pleading to replace the crumbling Portsmouth City Hall. Mayor Murray says no; the only choice is to repair, not replace. "We have to make do," Murray said. "This roof should have been replaced years ago, it was not done on purpose."

Portsmouth Police Chief Charles Horner says he wants to look closer into Mayor Murray's government corruption comments, to see if an investigation is warranted.

That’s what defiant Portsmouth Mayor Jane Murray says about the recall effort underway to possibly remove her from office.

Meanwhile, the city clerk says she close to certify the names and petitions turned in on Monday.

Murray has refused any comment on the recall -- until now. The mayor says she was elected last November to make changes in the troubled river city. She says she wouldn't change a thing she's done, except may slow it down some.

She blames the anti-Jane Murray sentiment on misinformation, city corruption and just plain meanness. But it looks like Portsmouth voters will decide on the mayor's future in office this November.

Portsmouth City Clerk Jo Ann Aeh says there are 300 more signatures than needed to put the recall vote on the November second ballot. Aeh says she's well into checking the validity of those petitions and signed names turned in Monday, and, so far -- all is in order.

We asked Murray about the challenges she's faced since taking office.
She said the citizens of Portsmouth don't know the truth, saying they've been fed politically slanted misinformation from the underground Internet -- even the mainstream media.

And she proudly stands 100 percent behind her tumultuous tenure as mayor. Murray says she stands by everything she’s done. She added that she's never seen more corruption and meanness in any place she’s been and she says she’s not used to that.

If and when the recall petitions are certified (possibly as early as Wednesday), Murray will have five days to resign. The mayor says she's not a quitter and will not resign.

Once the recall is on the ballot, removal from office requires a simple majority -- anything more than 50 percent of the vote. And there are also petitions circulating in Portsmouth to recall third ward City Councilman Nick Basham.

This is not Portsmouth’s first mayoral recall vote. Mayor Greg Bauer faced a recall back in 2004, and voters removed him from office.

"They bring them back to me, and I start the checking process," says JoAnn Aeh, Portsmouth's city clerk. "If they are successful, then I notify both council and the mayor. She (Murray) has 5 days to resign. If at the end of five days, she has chosen not to resign, then council has to set an election that can be not be any sooner than 40 days from resigning and no more than 90 days."

First Ward Councilman Kevin Johnson tells WSAZ.com the recall papers were taken out by former Portsmouth Police Chief Tom Bihl.

Mayor Murray has a long history of disagreement with members of local government.