Newsfeed
Printer-Friendly ModeTownship litigation ensues
Recall petition deemed legal; targets file suit
February 6, 2006 —
Three Kochville Township officials targeted for recall filed suit in Circuit Court Friday against the Saginaw County Election Commission's unanimous approval of the petitioner's recall language.
The suit comes one week after the three Township Board members, Supervisor Kenneth P. Bayne, Clerk George Schnepf, and Trustee Lynn Kauer, targeted for recall learned that the recall petition circulated against them has enough legal standing to proceed.
The petitions were deemed valid at the recall petition clarity hearing Friday, January 27. The unanimous 3-0 decisions at the Saginaw County Courthouse mean that the petitioners have 180 days to collect 214 signatures - 25 percent of the 2002 gubernatorial election voters - to recall the three officials. Three separate petitions - one for each official - are being circulated.
Treasurer Crystal Kauer, however, was deemed ineligible for recall, since she was installed as treasurer last September. Michigan election law requires a minimum of six months in office before public officials are allowed to be recalled.
The petitions, brought forward by resident David J. Phillips, target Bayne for approving a site plan at which his landscaping company, Four Seasons Landscaping, provided the work. All three targeted are accused of violating the Open Meetings Act by conducting a closed meeting.
"The main reason (we are filing suit) is we don't believe the language on the petition reads clearly as the law requires," Bayne said Saturday. "The law is there to protect our rights as well, and we are exercising our rights."
Attorney Robert Seibert, who represented the Township officials at the Jan. 27 meeting, argued that inconsistencies in the recall petition required amendment. In the petition, Bayne's middle initial is dropped, compared to his affidavit of identity, where it is included. Ultimately, this did not sway the elections commission, who saw no legal merit in rejecting the petition based on this omission.
Both Schnepf's and Kauer's petitions were attacked by Seibert for not identifying the exact location of the properties on the recall petition. The petitions also assumed that the rezoning of 13.98 acres on the southwest corner of Pierce and Davis roads would inevitably lead to an increase in student housing and commercial development, Seibert argued.
"I don't think this petition language makes it clear as to what they are voting on or not," Seibert said.
Phillips believes the suit brought forth by the Township officials is not likely to succeed, noting the unanimous approval by the Election Commission.
"We just don't see (the courts) overturning this or changing their mind," Phillips said, adding that he thought the Election Commission's unanimous approval was a "natural hat trick" when all they were looking for was a hat trick.
The Election Commission disagreed, saying that it was up to the voters to decide whether or not the petition language is accurate.
Stephen J. Yanca, SVSU professor of social work, attended the meeting to assist Phillips, and stated afterwards that Crystal Kauer would face a recall effort once she has been in office for six months.
The lawsuit will have no impact on the upcoming referendum on Tuesday, Feb. 28 regarding the rezoning at Pierce and Davis roads for an expansion of the Cardinal Townhomes.