Topeka ? One Topeka resident says he already has plans to try to recall the city’s new mayor, who has not yet been sworn into office.

Lee Glenn said he believed a domestic battery charge that was filed against James McClinton in 2002 made him unfit to be mayor. Glenn said Friday that he would begin working on a recall petition after McClinton is sworn in Tuesday.

“A lot of people are upset about this,” said Glenn, who was a mayoral candidate in 1997.

The charge against McClinton, which stemmed from the arrests of McClinton and his wife, was dismissed. He has never been convicted of any crime involving domestic violence.

McClinton, one of 39 applicants for the job, was elected Tuesday night by the City Council to finish the term of Butch Felker, who resigned in November while facing an ouster trial.

“This is a sad story,” Glenn said. “We have one mayor (Doug Wright) in jail and one who resigned. This is another fiasco for Topeka.”

Wright, who served as Topeka mayor in 1983-89, began serving a one-year jail sentence in August after pleading guilty to perjury and theft charges.

McClinton said Saturday that the community had decided to move forward.

“We’re just not going to spend any time on negativity,” he said, adding that he had nothing more to say about Glenn’s plans.

In a letter to the City Council last month, McClinton said that after his divorce in 1998 he was awarded residential custody and child support, and that his former wife “was looking for any reason she could find to get that decision overturned. Anytime I would discipline my daughter her mother would allege abuse.”

McClinton said two companies that provided counseling for his daughter never reported any abuse, and said the domestic battery charge was dismissed by a judge on the recommendation of the district attorney’s office.

To begin a recall petition, Glenn would have to submit paperwork to the Shawnee County counselor’s office stating grounds for a recall. Officials in the county counselor’s office then would decide the legality of the petition.

Glenn then would need about 12,520 signatures for a recall election to be held.