Troy Politics Affects November 2012 Mayoral Appointment

While the Troy City Council was expected to vote tonight to make acting Mayor Dane Slater's appointment permanent until the November 2013 election, will the recent controversy over the scheduling of the next mayoral election throw a "monkey-wrench" into the decision-making process? While Michigan Election Law appears to require a special mayoral election in February 2013, the Troy City Charter states that it should be held in conjunction with the regular City election in November 2013 (although Victor Lenivov questions that interpretation). For more information, click here (h/t: Troy Michigan Blog) to view the letter from the State of Michigan's Director of Elections Chris Thomas and click here to view the procedures developed by City Attorney Lori Grigg Bluhm and City Clerk Aileen Bittner.

During a special meeting last week, the Troy City Council rejected (on a 3 to 3 vote) a motion proposed by Councilman Wade Fleming to ask the Michigan Attorney General's Office for clarification on this dispute. According to the Troy Patch, here's the wording of Fleming's resolution:

“That Troy City Council hereby directs our City Attorney to contact the State Attorney General on Monday, November 26, 2012 regarding the (subject) November 16, 2012 letter from Christopher M. Thomas and seek the legal opinion of and direction from the Attorney General on this matter as soon as possible which this Council would accept as final and binding.”

Following last week's deadlocked vote by City Council, we've seen some indications that a lawsuit against the City may be filed. Here's part of a news article in the 11/21/12 Oakland Press by reporter John Turk...

Oakland County Commissioner Robert Gosselin, who attended the meeting, said afterwards that he thinks the city attorney made a mistake. “Chris Thompson has been the state elections department head for about 30 years in Michigan,” said Gosselin. He added that experts in election law have tipped their hats to Thompson in his writing the letter. The commissioner said he had no idea how Thompson came to write the letter to Troy’s local government body, but he’d like to know. “I’ve been talking to the attorney general’s office, and they’re meeting today on this issue,” said Gosselin after the meeting. “They’re trying to make sure their ducks are in a row. But they are going to come down on the city of Troy.” He said if the attorney general’s office doesn’t sue, citizens probably will, on the grounds that the city allegedly violated state law.

(FYI: The "Chris Thompson" referred to in the article is actually Chris Thomas - see above.)

Also, on 11/23/12 the information below was posted on Facebook by Concerned Troy Citizens...

Citizen Complaint/Request for Michigan Attorney General to Investigate Troy City Council/City Attorney as they Ignore Elections Director Chris Thomas' Legal Advise RE: Replacement of Troy Mayor due to Recall Election Results.

Good Morning Mr. Hills,

This is an official request for assistance from the Attorney General concerning decision-making by the Troy City Council and City Clerk under advisement of the City Attorney that suggests alarming disrespect for the office of a state elections official and for citizens of Troy accompanied by substantive appearance of possible election fraud. The attachment details concerning developments arising from the special Troy City Council meeting Wednesday November 21st . I have copied other Troy public officials in an appeal that they will take interest and offer assistance

Respectfully, Michael T. Ross, M.D.
Pct #15 Precinct Delegate

Here are a few of my observations and questions:

1. If some current members of Council had concerns about the procedure developed by the Troy City Attorney and Troy City Clerk, why didn't they raise questions back in September and/or October? That procedure was outlined in the City Council 9/10/12 and 10/22/12 agenda packets.
2. While I believe most of Councilman Fleming's motion was reasonable, why did he include this phrase: "which this Council would accept as final and binding?" Yes, it's appropriate for City Council to conduct due diligence by asking for input from the Attorney General. I also believe (hey... I'm not a lawyer) that an official opinion from the Michigan Attorney General has the force of law until it's overturned by a Court. But, why tie your hands with that kind of language in the resolution?
3. While some people are questioning the impartiality of Chris Thomas, I believe that he's acting solely on the basis of his interpretation of Michigan Election law. Based upon my past interactions with him (during my Michigan Chamber days), he's not the kind of guy who would write a letter to please the Secretary of State or any other politician. Now, I can't speak to the issue of how he got involved in this question. That's for others to determine.
4. Based upon last week's 3 to 3 deadlock on the Fleming resolution, will City Council cast a similar vote tonight when it comes to appointing Dane Slater to the vacant Mayor's seat? If they deadlock on the appointment, will another Troy citizen file a lawsuit to force City Council to fill the position?
5. Are all 6 members of City Council being pressured by outside groups to "hang tough" or are they "free" to work behind the scenes for a reasonable compromise? If they are being pressured and don't have some latitude to work together, the only losers will be the taxpayers of Troy if this ends up in court.
6. I may be unaware of some other solution that's being worked on by both "factions," but it would seem to me that passing Councilman Fleming's resolution without the "final and binding" language would be the best way forward. That might give City staff the time to prepare if an election earlier than next November is required.
7. Last but not least, our new Troy City Manager Brian Kischnick will be officially welcomed at tonight's City Council meeting.