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Hearing Scheduled This Week in State v. Troy Lawsuit

Secretary of Sate Ruth Johnson filed a lawsuit on Nov. 30 against the Troy City Clerk Aileen Bittner, saying Troy residents "have the right to choose the city's mayor in February."

 

A motion hearing in the Secretary of State v. Troy City Clerk lawsuit is scheduled for 10 a.m. this Wednesday, Dec. 12 in front of Judge Denise Langford Morris at Oakland County 6th Circuit Court in Pontiac.

The Nov. 30 lawsuit was filed after the Secretary of State's office and the City of Troy failed to come to an agreement on the process by which to replace former Troy Mayor Janice Daniels, who was recalled on Nov. 6. In the lawsuit, they claim the City has violated state law by not calling a special election on in February and instead choosing to follow City Charter by appointing Dane Slater mayor until the November 2013 city election.

The city has been locked in a battle with the Michigan Secretary of State's office since Council voted on Nov. 21 not to seek further advice from the state on how to replace Daniels. Both the City of Troy and the Secretary of State were also sued Nov. 29 by political activist Robert Davis and Citizens United Against Corrupt Government.

To view the lawsuit and previous correspondence between the city and the state, please see the attached PDF files.

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Related Topics: Attorney General, City of Troy, Lawsuit, Michigan Secretary of State, Secretary Of State, and Troy City Clerk

Total Health

8:12 am on Monday, December 10, 2012

I was quite shocked to learn that our City Atty did not consult with the State AG office, nor did she consult with the Secretary of state election officials, AND i am reading that she consulted with someone at Oakland County, but it was NOT with the Election officials. Had she done this, I seriously doubt we would be in this position with 3 lawsuits. Our Council and Mayor depend on the City Atty to do 100% of the research and come to them with ALL the information so our elected officials can make an informed and intelligent decisions.

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Chris P.

6:17 pm on Monday, December 10, 2012

The City Clerk did the consulting with Oakland County election officials. That's who is supposed to do the consulting with those election officials. And they gave her direction. That's where we're supposed to take our direction from, not the State. We don't consult the State on our elections. The City Attorney did her job. The City Clerk did her job. And, true to form, I'm reading that Dan Brake fulfilled his ongoing job working for Bob Gosselin and Glenn Clark to create trauma for everyone involved by dragging the State in on it. Just like he did during the election process for Proposal 1 to save the Library. And just like the TCU did for original February 2010 operating millage proposal.

So, Total Health, your "shock" is completely misplaced. Redirect it toward Mr. Brake and all of his cronies because they are the ones preventing informed and intelligent decisions.

A Concerned Citizen

8:13 am on Monday, December 10, 2012

"failed to come to an agreement" - interesting choice of words. I don't think the SOS viewed this as an attempt to 'come to an agreement'.

SOS: Troy, you are wrong, here's what State law mandates. Do it or else.
Troy: Well, we don't see it that way, so we're going to IGNORE you and hope this goes away.

Reminds me of the auto mechanic telling the customer to turn up the radio so he doesn't hear the strange noises anymore...

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wlarue

8:48 am on Monday, December 10, 2012

Which of you are an attorney? What don't you known a bout politics? There are several problems with both of your comments. I believe the SOS is wrong but we will let this up to the judge. If Fleming was selected there would not have been this question by these groups.

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Total Health

9:53 am on Monday, December 10, 2012

You don't have to be a lawyer to figure this one out..I read the law..I've thought from the beginning that the law was clear. You have an election at the next election cycle, and for Michigan its February - no matter who was selected Slader or Flemming for Mayor there would have been a big squabble.

Troy put recall verbiage in the charter and the state election laws were changed later on .. It is Troy's responsibility to kept up with the Michigan changes and amended their charter to conform to updated State Election Laws..

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Really

10:59 am on Monday, December 10, 2012

The Attorney and Clerk were required to check with the Oakland County Clerk, and review State and local law. They did both, and discovered the contradictions. The Attorney and Clerk must defend the Charter, it's their job. The City's opinion is that the Charter is most fair and controlling, the SOS and AG have a different view (their job is to defend State law, go figure). So a judge decides. It's a simple and efficient remedy. Let it play out, because speculating isn't going to change anything. And mudslinging gets everyone dirty.

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jack

11:54 am on Monday, December 10, 2012

It would have made more sense to have the city and state agree on the proper process prior to "appointing" (annointing) Slater as mayor. Now, it is time for Bluhm to go to battle, in an effort to keep Slater in there. They have had a plan all along, and they are sticking to it. All that we have to do is pay for it.

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Total Health

12:52 pm on Monday, December 10, 2012

Zoltan,
You seem to like to try and call people out, ask if they are related to someone as if its a put down and are being generally rude to anyone who disagrees with your opinion. Are you a Lawyer? Are you a Doctor? Are you related to xxx?

This is inappropriate. If you would like to make comments on the article and participate on the comments politely, that would be appreciated. Otherwise, please keep your bullying tactics to yourself .

Really

12:18 pm on Monday, December 10, 2012

For jack, that is just more conspiracy nonsense. The attorney would defend the Charter no matter who's sitting in the Mayor's chair. There is no benefit to the attorney one way or the other to take this issue to the courts. If the Charter is upheld there is no gain for her. If the Charter language is not controlling, then she has to start working to have it changed, which will take a vote of the electorate.

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jack

11:22 pm on Monday, December 10, 2012

Most of you are so gullible I cannot believe it. I bet that you own a lot of swamp land in Florida. The city attorney should have checked on what state law says, instead of trying to hide behind a city charter and make it work for Slater. Maybe she did find some technicalities, but in the end, state law will prevail. Slater managed to bully his way to become mayor, and he will "run" for it when the election comes up; he will be the "incumbent". The only person on the current council that has any common sense is Fleming; otherwise, you better get ready to open up your piggy banks, wallets, purses and bank accounts because Slater and his people will need your money. $.

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Really

7:44 am on Tuesday, December 11, 2012

Talk about gullible. That's still just nonsnense. She did check the State law and it was in conflict with the Charter. In home rule Cities there are instances where the Charter supercedes, and vice versa. This is one of those instances. Once again, show us all how the attorney benefits by having Mr. Slater (or anyone else for that matter) as Mayor. And by the way, it was a 4 - 2 vote to go with the attorney. As far as conspiracies, if Mr. Fleming were the Mayor right now, do you think any of this would have happened? Not a chance. It's the Clark Gosselin contingent that is pushing the issue. Sour grapes? There's your conspiracy. No other.

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Mom

6:26 pm on Tuesday, December 11, 2012

Maybe Jack should have requested a FOIA like TRUST so he wouldn't be spreading incorrect information. It's not simple, it's not cut and dry. My money is on the city. It's a shame that TCU and CTC have dragged us down this path. They are a blight on this city.

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jack

10:41 pm on Tuesday, December 11, 2012

Slater, McGinnis, Campbell & Bluhm (all the game players) are 100% responsible for this. They managed to push this "annointment" through, instead of waiting for a decision from the state. Lets remember, Bluhm "ran out of time" to "check her e mail" that came in from the state, two hours before the meeting began. I thought the council and administration had computers during these meetings - maybe her computer stopped working at 5:00 and she was pretending like she was staring at a working computer during the council meeting. So, this e mail goes unchecked, and then "poof" - Slater is in! Instead of all this "he said" - "she said" stuff, just look at the actions of the council and administration. Nuff said. Fleming was the one that kept the council from wasting $2M on the bus station - otherwise, we'd have the bums sleeping on leather chairs!

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Chris P.

7:56 am on Wednesday, December 12, 2012

No... Bob Gosselin, Glenn Clark and Dan Brake are responsible.

I’ll play along with you on that timing of that email. Why didn’t the State send that email in during business hours? Why did they wait to send it until after the Clerk’s counter closed? Did you watch that crazy video with Gosselin and his minions, Brake, Kempen and Ross that they posted on Youtube? Watch that video and tell me Gosselin wasn't trying to get the State to send that email. Tell me he didn't know it might be coming. And then ask yourself if perhaps it's possible that the State didn't want Gosselin to pull them into his reindeer games at Troy's City Hall. The City Attorney had gone home to dinner and came back at 7 pm for the council meeting to find that letter had been sent at 5:30 pm. She explained that at the meeting.

As to Dane Slater getting appointed, that's just fine with me. (Thank you Dave Henderson for thinking on your own on this.) Mr. Slater guy can conduct himself with decorum and won’t drag the city into the mud in the media. Council majority and the City Attorney are operating under the charter and moving forward with the business of the city just as they should. To suggest otherwise is crazy. The charter requires these appointments to be made in 30 days. The law is complex, so it needs to go to court to get sorted out. Until it is sorted out, it was absolutely right that the council move forward with their appointments.

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Cathy Fucinari

10:01 am on Wednesday, December 12, 2012

You leave a great deal to be desired in terms of reality! "pretending" to be looking at a computer screen. They ALL have computer screens in front of them, and they aren't playing solitaire during a council meeting. She told them there was an email there, and asked if they wanted it checked before the vote. Get real. Watch the video. It wasn't POOF. By the way, Henderson also voted with Slater, McGinnis, and Campbell, so why don't you name him as part of the conspiracy as well? And, from my view, if Fleming had voted for the transit center in the first place, instead of trying to look like the hero and wasting $2 million dollars of federally funded green initiatives that would have minimized future expense, we wouldn't have many of the problems we've had in the last year. Too bad. I might have been able to support him if he hadn't played so many games.

mark otto

9:24 am on Wednesday, December 12, 2012

Jen, can you live blog from the hearing like they da at the Kwame trial?

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Cathy Fucinari

10:02 am on Wednesday, December 12, 2012

Since Jen is probably in the courthouse, I will note that you can't take recording equipment into the courtroom.

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mark otto

11:44 am on Wednesday, December 12, 2012

Can't get facebook where I'm at. Anything new in court?

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