By Mary Drier
Staff Writer
DENMARK TOWNSHIP — Because of a “lack of action” by the Denmark Township Board, the dismissal of proposed recall petitions is being challenged.
During Thursday’s county meeting, Tuscola County Commissioners were informed about a correspondence challenging County Clerk Jodi Fetting’s action in rejecting Denmark Township recall petitions.
The letter is regarding Denmark Township officials’ delay in accepting township Supervisor Don Petro’s resignation — which was to be done immediately — and the subsequent appointments that may have effected the filing of the recall petitions, explained Fetting.
Previously, proposed recall petitions were filed against Supervisor Donald Petro, Clerk Charles Heinlein, and Treasurer Dennis Weber.
According to Fetting, the issue is the township board didn’t appoint a supervisor to replace Petro within the 45-day window that was during the recall petition signature drive, and then Heinlein was appointed as supervisor.
“The issue is — if the township had followed guidelines, it would have been within the time (Chuck) was subject to recall, and that Petro’s resignation was effective immediately and should have been acted on,” explained Fetting.
Back when Fetting first contacted the Michigan Bureau of Election, it was their determination that the attempted recalls against Petro and Heinlein were “office specific;” and therefore because neither still held the office listed on the recall, the recalls were no longer valid.
Gary Schoenow, who authored the proposed recalls, contends there are “statutory violations,” as outlined in the following timeline of events:
On May 19, the Tuscola County Election Commission determined the statutory requirements for Petro’s and Heinlein’s proposed recall were met, and on June 13 the proposed recall against Weber was determined the same. Once approved and signatures start to be collected, there is a 180-day window for completion.
On July 31, all three petitions were submitted to Fetting. However, she refused to accept and file the petition against Petro because he had resigned May 19, and refused to accept and file the petition against Heinlein because he was appointed supervisor on July 8.
To make his point, Schoenow noted a section in Michigan Compiled Laws that states if a vacancy occurs in an elective township office and the vacancy is not filled by the township board or the board of the county election commission within 45 days after the beginning of the vacancy, the county clerk of the county shall call a special election within five calendar days to fill the vacancy.
“The statute does not provide a township board the legal authority to accept a resignation of a township official at their convenience and make appointments to elective township positions,” explained Schoenow’s letter. “As documented in the June 6, 2014, Denmark Township meeting minutes, the board was still looking for people to fill the positions of supervisor and the resignation of supervisor, Donald Petro, was not yet accepted.”
Schoenow pointed out it was 70 days after Petro resigned that Heinlein was appointed as supervisor, and Heinlein’s wife, Nancy, as clerk. He contends the township board had “no authority to make the appointment 45 days” after Petro’s resignation May 19.
Therefore, if the statue had been followed, Heinlein would have still been clerk; and as such, Fetting should not have refused to accept and file the recall petition with its 392 signatures. To move the recall process to a vote, 328 valid signatures were needed on the recall petition.
Taking all of those points into consideration, it is Schoenow’s contention Michigan statutes were not followed in several instances; and because they weren’t, township residents’ right to file a recall petition for Heinlein was refused, and their right to a special election for the position of supervisor as well.
Because of those issues, he is requesting the following corrective action: (1) Heinlein’s appointment as supervisor be declared null and void, and all actions taken as supervisor be stricken from the records. The appointment of Nancy Heinlein as clerk be declared null and void, and all actions taken as clerk be stricken from the record. The recall against Charles Heinlein be filed with county clerk retroactive to the submission date July 31, and that the county clerk call for a special election for the appointment of supervisor.
Plus, Schoenow feels township residents should not have to file a lawsuit to have those actions taken.
County commissioners took the complaints under advisement and approved forwarding them to their attorney for review.
In other election matters, the proposed recall against Weber was rejected because it did not have enough valid signatures.
Mary Drier is a staff writer for the Tuscola County Advertiser. She can be reached at drier@tcadvertiser.com.