Election Commission Rejects Pittsfield Recall Language - Again

Election Commission rejects Pittsfield recall language - again

Judge says statements were too nebulous

BY JOHN MULCAHY

News Staff Reporter

For the second time, the Washtenaw County Election Commission has rejected language for a proposed petition that would recall three Pittsfield Township officials.

The three-member board voted unanimously Tuesday to reject the language submitted by township resident Gavin Clarkson.

Clarkson and a group called A New Pittsfield want to recall Supervisor James Walter, Clerk Feliziana Meyer and Treasurer

Christina Lirones, claiming all three have misled and failed to protect the public regarding the proposal for a new Wal-Mart at the intersection of State Road and US-12.

The election commission, composed of Judge John Kirkendall, county Clerk Lawrence Kestenbaum and county Treasurer Catherine McClary, voted Oct. 22 to reject earlier language filed by Clarkson.

Kestenbaum said after the hearing that some of the statements in the proposed language were too nebulous to meet the legal requirements for recall language, especially in light of court decisions. As an example, he cited language accusing the officials of,

“Failing to take any substantive action...” to ensure the safety and welfare of township residents with regard to the Wal-Mart proposal.

“It’s really difficult under the court decisions to recall someone for nonfeasance, saying someone didn’t do something,” Kestenbaum said.

Walter, Meyer and Lirones were all at the hearing Tuesday. Walter said afterward the commission made the right decision.

Clarkson said Tuesday the group is not giving up.

“This is a setback, but not something that is ultimately going to stop us from making sure the voters get a chance to voice their opinion,” Clarkson said.

The recall effort comes at a time when another citizens group, Pittsfield Community First, is fighting to stop the proposed Wal-Mart and has accused township officials of not doing enough to stop it. The township officials have said they forced Wal-Mart to make many changes in its plans, but they cannot legally stop the store from coming if it meets all the township’s zoning and planning regulations. The land where the store wants to build has been zoned for commercial use for many years.

The proposed petition language submitted by Clarkson also accused the three officials of “usurping” the authority of the

township Planning Commission and of fiscal irresponsibility for voting to increase their salaries. The salary increase, 2.25 percent, was recommended by the township’s compensation commission and the Board of Trustees could vote only to accept or reject it.

If and when petition language is approved by the election commission, recall petitioners would have 180 days to submit 2,244 signatures and force a recall election. However, the signatures would not be valid if they are more than 90 days old.

John Mulcahy can be reached at jmulcahy@annarbornews.com or (734) 994-6858.