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City Defends Right to Appoint Mayor in Letter to State

Troy City Attorney Lori Grigg Bluhm responds to state Director of Election Christopher Thomas' Monday letter ordering a Feb. 26, 2013 special election.

 
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Former Troy Mayor Janice Daniels stands outside First Presbyterian Church in Troy just after 10 a.m. on election day, Nov. 6, 2012. Daniels was recalled by a 52 percent majority vote that day, but now the city is locked in a battle with the state over how to replace her.
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Former Troy Mayor Janice Daniels stands outside First Presbyterian Church in Troy just after 10 a.m. on election day, Nov. 6, 2012. Daniels was recalled by a 52 percent majority vote that day, but now the city is locked in a battle with the state over how to replace her.
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Pdfs

Nov. 27, 2012
Nov. 26, 2012

Troy City Attorney Lori Grigg Bluhm, in responding to a letter sent to her late Monday afternoon from state Director of Elections Christopher Thomas, sent a letter Tuesday challenging Thomas' reasons for ordering a special election on Feb. 26, 2013, to elect a replacement for Janice Daniels, who was recalled on Nov. 6.

Thomas' letter arrived the same day Troy City Council voted 4-2 to appoint Dane Slater Mayor of Troy until the Nov. 5, 2013 regular election.

"This letter is in response to your letter of November 26, 2012, to Troy City Clerk M. Aileen Bittner, which was sent via e-mail at 5:30 pm," Bluhm wrote. "It was received after the fifteen day candidate filing deadline set forth in MCL 168.971, which is the statutory recall provision that you rely upon for your legal analysis. Unfortunately, the letter was received after the City had already turned away two persons who were vying to be a candidate by paying $100 prior to the 4 pm filing deadline yesterday. These attempted filings were not accepted at the City, since there has not been a February 2013 election called."

Bluhm went on to refute several more of Thomas' reasons for ordering a special election in February in her four-page letter.

"I encourage you to share this letter with the Attorney General's Office, so that they can have a condensed version of our legal research available in deciding whether or not to initiate proceedings to force our community to endure a special February election, at an estimated cost of approximately $50,000 plus untold political costs and further turmoil."

To read both letters in their entirety, please see the PDF files attached to this story.

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Related Topics: City of Troy, Director of Elections, Recall, Troy City Attorney, Troy City Clerk, Troy City Council, Troy Mayor, and Troy Recall

A Concerned Citizen

9:29 pm on Tuesday, November 27, 2012

Just send the bill for this "unexpected" expense to the "Recall Janice Daniels" team...

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A Truly Concerned Citizen

11:45 pm on Tuesday, November 27, 2012

First off there will be no bill. Because there will be no election. However if the Tea party SOS and the Tea party AG deside to persue this further because of the TCU crew. I would see it fitting to send the bill to that woman that ran for mayor as an independant in 2011 and won. What was her name again?

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Chris P.

8:18 am on Wednesday, November 28, 2012

Hey, Patch ... could you contact the Sec of State's office to see if you can find out who asked them to meddle in Troy's affairs? If we end out with an election, that's who should pay the bill.

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Mark

9:16 am on Wednesday, November 28, 2012

Does it really matter how the SOS became aware of the Troy situation? No. Someone felt that the law wasn't followed and reported it to the authorities. In this case the authorities are the election division of the SOS.

But using your logic Chris, we would live in a world of looking the other way whenever we see an injustice. Let's say you notice a drunk driver on the road. You call 911. A high speed chase ensues. An innocent bystander is killed. Are you responsible for the death because you notified the authorities? Of course you're not.

I honestly don't know what to think after reading the original letter from the State Director of Elections and the response by Mrs. Bluhm. I can see both sides of the argument. We all know the law can be interpreted in many different ways. That's where this will all play out.

We're watching a chess game now. Your move Mr. Thomas.

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Chris P.

10:36 am on Wednesday, November 28, 2012

Mark, after starting to watch the hyper-partisan political maneuvers Troy voters have had the misfortune of being duped by, it most certainly matters. It's naive to think the Sec of State would have been contacted if Wade Fleming had been chosen. And after reading the City Attorney's response, it would be odd to see the Secretary of State and the AG further engage in this charade. Unless, of course, they are part of the political maneuvering ...

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cookiepro2

1:46 pm on Wednesday, November 28, 2012

Mark,
Agree with you that the law can be interpreted different ways. Being a Troy resident I hope that the AG sees attorney Bluhm's strong arguments and decides NOT to pursue the matter. I think we can wait eight months before another power-jockeying, "get our guy/girl in", by BOTH sides, election brouhaha. Mayor Slater has already won a seat as council member; now as mayor he is simply chairing the meetings and has some additional ceremonial duties. The temporary council member that the council chooses will not have been elected so to me it is important that they pick someone with impeccable character, background and integrity, and neutral (if possible) in the past TCU vs others conflicts.

Glenn

9:54 pm on Tuesday, November 27, 2012

I believe City Attorney Lori Bluhm just told Mr. Thomas, in a very sophisticated way, to "talk to the hand." I can see why she has such confidence in her position.

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S.L. Gross

12:32 am on Wednesday, November 28, 2012

Brava, Attorney Bluhm. She certainly has her ducks in a row. I love how she uses FACTS instead of hearsay, rumors, and ideology. I have a good feeling about this process now that I've read this well-researched letter. We've got good people in Troy. We just need to show the other side that we don't want any more of the bad blood. It's over. Let's work together. Let's work to improve the city for the future.

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Cathy Fucinari

8:08 am on Wednesday, November 28, 2012

Thank you Attorney Bluhm, and to City Clerk Aileen Bittner! You have both conducted yourselves in a competent, professional manner, as always. My gratitude for your service to our city.

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Rebecca

8:24 am on Wednesday, November 28, 2012

I find it interesting that this attorney is concerned about the cost of a "Special Election". The tax payers were forced to have an expensive "Special Election" because we had voted against increasing the millage for the library. So because it did not go their way, they made us pay for an election that could have been on the next election ballot as is normal. After they forced another election, they cried that they had made a mistake and still did not have enough money for the library and still had to close early. So she is right about the expense of having a special election now, because then not only would we have to pay for this one, then we would have to pay for another one after we vote didn't go their way. At least now they have almost a year to do some major damage before the "normal elections".

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Sue Martin

8:41 am on Wednesday, November 28, 2012

Rebecca, while your argument regarding the library sounds compelling, it is wholly inaccurate.

The library did NOT close early or at all. No one from the city "cried" about the passing of the millage. The ballot measure was successful and that election was held at the ardent request of citizens and with full approval of council.

The attorney is concerned about the expense now because she did her due diligence in researching the issue. We were assured by that competent research that no early election would be necessary. To now have someone at the state level interfering with our 'home rule' is perplexing, to say the least.

Glenn

10:48 am on Wednesday, November 28, 2012

According to Lori Bluhm's letter to the SOS, Director of Elections Christopher Thomas "opined that there was a need for an immediate election after a recall to protect against the temporary appointment of a person WITH CREDENTIALS VERY SIMILAR TO THE PERSON JUST REMOVED." (emphasis added) This seems to be in direct opposition to the positions being taken by Mr. Murrish and Mr. Henderson who keep touting the importance of appointing either a Mayor or a councilman with the same political leanings as Daniels in order to keep the council's balance of power unchanged.

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cookiepro2

4:51 pm on Thursday, November 29, 2012

Uh, oh. Fight has just escalated up to AG's office. This seems like a David vs Goliath scenario. Totally unfair. The State will lose face if it backs down now.

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