ATHOL — Some residents living in the Timberlake Fire Protection District will ask voters there on Tuesday to consider recalling commissioners David “Rudy” Rudebaugh and Marty Fish.

A simple majority, 50 percent plus one, and one more vote than each commissioner received in last November’s election will be needed for the proposals to pass. It would take 500 votes to oust Rudebaugh and 411 for Fish.

Fish is commissioner for Zone 2, which covers northeast of Athol and the Good Hope area. Rudebaugh is commissioner for Zone 4, which is Athol, northwest of Athol and the Parks/U.S. 95 area. Both of their terms expire in 2013.

Bayview’s Maxwell Austin van Lack, a recall proponent, said that, contrary to some beliefs, the recalls are not about the firing of former Chief Jack Krill nor the subsequent agreement with Northern Lakes Fire to oversee the management of the district.

Van Lack said it’s about not allowing public comment and a lack of public notice before those decisions were made.

“Why didn’t they allow the public to be engaged?” Van Lack said. “Apparently they viewed the public as the enemy. The only people who could sabotage their plan was the public. They’ve put gag orders on the public. That’s OK if you live in a dictatorship.

But the commissioners said there have not been gag orders.

“The misconception or lack of information they may have is, as board of commissioners, we agreed to make statements or press releases from the board as a whole,” Rudebaugh said. “This is important for protecting the liability of the district.”

The two commissioners were accused of violating open meeting laws by fellow commissioner Jon Guinn and the recall petition, but Kootenai County Prosecutor Barry McHugh cleared them of wrongdoing.

The petition also accuses the commissioners of obtaining unnecessary legal advice and excessive special meetings, driving up costs. But the commissioners say legal advice and special meetings are part of responsible management.

Van Lack said the commissioners have tightened the district’s budget to the point that the district has become “dilapidated” with faulty equipment and a shrinking crew due to firefighters leaving for other jobs and injuries. The situation, which he believes is due to an anti-tax sentiment, has created safety risks for the district.

The commissioners, however, say that while the fleet is older, it is operational and has passed inspections.

The commissioners say they believe they should be retained because they’ve done what they were elected to do — operate the district within the budget, protect the district from liabilities and keep firefighters safe and trained to serve the public.

“We look forward to moving past next Tuesday so we can focus on the district’s needs and manage those to the best of our ability,” Rudebaugh said. “We did not create the situation our district is in. It occurred long before we ever thought of becoming commissioners.”

Van Lack said if the recall votes fail, he believes there will be a movement to have Timberlake dissolve and revert back to individual fire departments in Athol and Bayview.

“We will pay our taxes to maintain a decent fire department and not see a fire department run into the ground by a bunch of anti-tax anarchists,” he said.

There are no races for the Timberlake board.

Polls will be open from 8 a.m. to 8 p.m. at Timberlake High School, 5973 W. Highway 54; Athol Community Center, 30355 Third St.; Bayview Community Center, 20298 E. Perimeter Road; and Garwood Elementary, 17506 N. Ramsey Road. Voting is districtwide, but voters must vote in their precinct.