OMAHA (KPTM)- Mayor Jim Suttle has five days to announce whether he's resigning or not.
"He's already said he's not going to resign…and I don't think he should," said City Councilman President Gary Gernandt.
The five-day deadline comes after the Omaha City Council received a letter Monday morning from Douglas County Election Commissioner Dave Phipps.
That letter says there were enough signatures to trigger a Recall Election – stating that 28,720 signatures were gathered, exceeding the 26,643 signatures needed.
But Gernandt tells us the letter does not say if those signatures were all valid.
"The Mayor feels that there are more of them [signatures] that are not allowable under law," said Gernandt. "This needs to be stopped by a judge…quickly."
But how quickly it will – or will not be stopped – is in the hands of District Court Judge Peter Battalion.
A hearing is set for Monday, December 20, where Suttle's attorney is expected to bring forth evidence that would stop the Recall Election from happening.
"They Mayor has not violated any law…period," said Gernandt.
Gernandt tells us there are six things that lend a Mayor to recall; he added that Suttle has done none of them.
"He is still a resident of the City of Omaha; he has not changed that. He has not committed a felony; he has not been convicted of a crime," said Gernandt.
As City Council President, Gernandt is required to become acting Mayor if Suttle is recalled – something he says he'll do, but does not think is necessary.
City Council tells us that should Judge Battalion decide to proceed with the Recall Election, the election would be held on January 25, 2011.