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Secretary of State Sues Troy, Says 'State Law Requires An Election'

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

 

LANSING, Mich. — Secretary of State Ruth Johnson and Attorney General Bill Schuette issued a joint statement Friday afternoon on the lawsuit they filed against Troy City Clerk Aileen Bittner Friday in Oakland County Circuit Court.

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.

“I’m disappointed that city officials have chosen to go this route,” Johnson said in a press release Friday evening. “Unfortunately, we now must seek a legal remedy to uphold state election and recall law. Our position all along has been that state law requires an election in this situation. Troy residents have the right to choose the city’s mayor in February, and the attorney general and I will see that that happens.”

“As Michigan Attorney General, my job is to enforce the law,” Schuette said in the press release. “I am fully supportive of Secretary of State Johnson’s efforts as Michigan’s chief elections officer and agree that the law is straightforward.  A February election is required.”

"The City is not claiming that our Charter trumps state law," Troy City Attorney Lori Grigg Bluhm said Thursday. "Instead, since there are two conflicting State Statutes, the City is obligated to follow the path that allows us to uphold both state law and our charter."

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 regarding the process to replace Daniels, who was recalled on Nov. 6. Both the City of Troy and the Secretary of State were also sued Thursday by political activist Robert Davis and Citizens United Against Corrupt Government (see attached PDF file).

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, Elections, Janice Daniels, Recall, Secretary Of State, Special Election, Troy City Clerk, Troy Mayor, and Troy Recall

dell

8:38 pm on Friday, November 30, 2012

Perhaps the Recall Janis group will post up the 100k this is going to cost tax payers.

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Kitty Garcia

9:21 pm on Friday, November 30, 2012

I totally agree.Let John,Matt, and Weezy ante up.

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Cathy Fucinari

8:19 am on Saturday, December 1, 2012

Perhaps if this is the approach you think is appropriate, the 7,700 people who put her in office should be responsible? Or, perhaps, it is all the people who sat home and didn't vote in that election and then wondered how she got into office? Or perhaps it is Bob Gosselin, Glen Clark, and Wade Fleming, who started up this whole mess?

Mom

9:16 pm on Friday, November 30, 2012

Maybe the group that instigated the lawsuit should have to pay. Without them, this would have never happened. TCU is trying to destroy this city.

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Wiley Coyote

9:39 pm on Friday, November 30, 2012

This is an obvious partisan power play initiated by Bob Gosselin in retaliation for his pet science project Janice Daniels blowing it so badly that she was recalled.

Now, Bill Shuette and Ruth Johnson are about to be exposed as the partisan Tea Party lackeys they are. By filing this suit they will trigger a whole new amount of exposure that they really shouldn't be opening up. The reason Janice was recalled is that she was too dim to realize that every time she opened her mouth, she revealed her true repugnant character. As the State tries to exert its will over a local municipality, it will seriously be revealed as trying to control a city for political gain. Good luck Mr. Schuette. You are out of your league.

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cookiepro2

9:50 pm on Friday, November 30, 2012

All right, Ruth and Bill, tell me how this is gonna work out for Troy, since you guys are calling the shots:

Dane Slater rescinds his resignation, hopefully, he goes back to his council seat.

This special February election, I take it, is for the remainder of the Mayor's term. 2 yrs and 9 mos. Unless, is it for the temporary interval, February to November? (like the McCotter thing, which was a big waste of tax payer money).

This means the sitting council members who were term limited in November and were planning on running who may have wanted to run for Mayor cannot unless they resign their seats.

So, should the February election be not only for mayor but those council seats as well?

Actually why don't you guys come in and goven us, we'd hate to be caught breaking the law again and told after the fact. This is a big waste of time and money for what is basically a civic VOLUNTEER position, all for the time difference from Feb to Nov.
But, whatever. You bureaucrats look pompous and silly.

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ann galen

5:31 pm on Saturday, December 1, 2012

Dane Slater can not rescind his resignation. He is out - unless you want another law suit by the State of Michigan

jack

9:54 pm on Friday, November 30, 2012

Wiley - those are tough words coming from you, as you sit in your recliner. You have no idea what you are talking about. We're lucky to have Schuette and Johnson keeping an eye on this situation, and they are going to turn it around and make it legal, by having an election. The current council and city adminstration seem overwhelmed, so the state will make sure tat an election takes place. How Slater became mayor makes no sense; at the meeting where they "voted" for the new mayor, Slater was in the "running" for mayor, yet he voted for McGinnis. All of the council members have embarrassed themselves by how they have handled this, except Fleming. Fleming is the only one who seems to know what is going on. Fleming is the only one of the current council members that is capable of being mayor. Tietz will come around, in time, as he gets more experience. McGinnis, Slater, Campbell and Bluhm have their own agenda. Their agenda was working...until the state called their bluff!

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cookiepro2

10:12 pm on Friday, November 30, 2012

jack,
Hypothetically, If it was between you and me to make a deal here, would you accept Fleming as Mayor until November and we don't have to have a special election? Because I really don't care who among the council members gets to sit in the high chair seat.

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A Truly Concerned Citizen

10:49 pm on Friday, November 30, 2012

You don't know Jack! McGinnis, Slater, Campbell and Bluhm have their own agenda. Really, come on. The TCU lier's are the ones with an agenda. They lie, cheat and steal anything that's not bolted down. The out going County Clerk, SOS and AG are showing there true colors.This Tea bag gang that used to working behind closed doors is exposing themselves as who they truly are, political hacks!

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cookiepro2

2:42 am on Saturday, December 1, 2012

jack,
Wiley is right about Schuette being out of his league. I read up on his background...he is a career politician without the legal experience one would expect for the State's chief lawyer. US Rep, State Senator, Agriculture Cabinet post. Six years as a Michigan appeals judge (how he got that I don't know), two years private practice, and boom, ran and won Attorney General in 2010. Compared to past AG's Mike Cox, Jennifer Granholm, and Frank Kelley, it's pitiful.

Anonymous

12:09 am on Saturday, December 1, 2012

It is disappointing to see the results of a group of uninformed, clueless, voters, who may now have cost this city at least another $50,000-75,000 because according to the SOS we have to have another election. Congratulations, you found another thing to waste our tax payer money on. Round of Applause!

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Mom

10:05 am on Saturday, December 1, 2012

Yes, I agree with all your terms above for Troy Citizens United. I thought they were small Government and anti-tax, but those labels seem to be sound bites to sell themselves to uninformed voteds. I don't think the SoS has the final word here. I don't think she is a lawyer. Let the court decide. One descriptor you did forget, which I have witnessed first hand, is that the Troy Citizens United/Save Janice Daniels/Concerned Troy Citizens (ha!) are also a classless bunch.

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ann galen

5:32 pm on Saturday, December 1, 2012

Maybee Janice Daniels will run again, and then we will be right back where we started.

Dave W

12:56 am on Saturday, December 1, 2012

Apparently, Robert Davis and his lawyer believe that "Joyce Daniels" was recalled. Their suit also states that they believe the next special election should be February 26, 2012.

@Patch, do you have a copy of Robert Davis' affidavit / Exhibit A? The suit states that he and his group plan to exercise their "constitutional right by financially supporting a candidate in the special election". I'm hoping that person's name is listed in the affidavit, but I don't see it in the attached documents.

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Anonymous

1:06 am on Saturday, December 1, 2012

@Dave W - Janice Daniels wasn't apparently recalled, she was recalled by the TCU. Are you a Troy resident and is Robert Davis a Troy Resident? I'd like to know where his funds are coming from to financially support a certain candidate and what is your agenda?

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cookiepro2

1:57 am on Saturday, December 1, 2012

Here you go, this is from this past summer:

"Robert Davis of Highland Park, a union advocate with the American Federation of State, County and Municipal Employees, filed a lawsuit this afternoon alleging that Troy's leaders violated the state Open Meetings Act when they met Aug. 15 to narrow their list of city manager candidates from 19 to five"

Now Davis is suing for Troy to have a special election on Feb 26th.

I find it rich that the so-called left and the right (thru the Attorney General) are both suing Troy for the same thing! I'm so mad at the SoS and the AG that maybe I'll vote for Davis's candidate whoever they are.

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Dave W

2:27 am on Saturday, December 1, 2012

@Anonymous Yes I am a Troy resident. The point of my post was that Robert Davis' lawsuit states (repeatedly) that Joyce Daniels was recalled, not Janice Daniels. That would be a very odd mistake for someone familiar with Troy politics, which is why I question his stake in this. It is also asking (repeatedly) for a special election to be held Feb 26, 2012 (already passed). It begs the question how serious this person is with the lawsuit. When I read through the suit, it also mentioned that he plans on supporting a candidate financially, yet the exhibit the suit points to is not included in the attachment. I have no agenda, I'm a Troy voter who wants to know why Mr. Davis is suing the city, why he's pushing for the special election, and who he will be supporting during that election.

(You also might want to check your facts, as I think Janice was a TCU member and backed by the TCU; they didn't recall her.)

cookiepro2

1:48 am on Saturday, December 1, 2012

From the PDF above, it looks like the case will be tried by Oakland County Circuit Court Judge Langford Morris. Thank god, the voters did not elect Schuette's staffers Carley and Rollstin to the court this past November, otherwise one of them might have been trying the case. Maybe our city and our city clerk will get a fair trial. If it is decided in favor of the SoS, I wonder how the judge will resolve the plaintiff's directive that "Defendants take all actions required by State Law AND the City of Troy Charter to assure a fair and orderly process for the election on Feb 26, 2013". I thought key deadlines specified in the City Charter had passed (I've heard the phrase "that ship has sailed") to make this election date impossible. Just another sign of the the SoS's disregard of the conflict wrought by State laws and City Charters..

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Haulin T Male

10:19 am on Saturday, December 1, 2012

Troy is saying, we have our charter, and it says............. Troy is part of the State of Michigan, and pledges to uphold the State Const. and it's laws.
State law trumps all local law, and ordinances. So does that mean if TPD is enforcing a Troy ordinance, that contradicts a State law, one can Call MSPD, since they work for the state, they can come in to Troy? They try not to cross lines, but if necessary, (after calls to local PD) will come in to the city limits.

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cookiepro2

12:41 pm on Saturday, December 1, 2012

http://en.wikipedia.org/wiki/Home_Rule_Cities_Act_(Michigan)

Haulin,
I think the Home Rule Cities act, above, may come into play a little here. Troy followed the State Constitution to the letter for the Recall election whose success created a vacancy. Both State Constitution and the City Charter say have an election to fill the remainder of the term. The only question is when that election should occur. It is less complicated for us to do it next November rather than February because of the timing of when our mayoral and CM terms expire. On the basis of the Home Rule Cities Act (the local entity knows better than the State what will work our for it) let Troy fill in the details of how it deals with temporary vacancies in office....as long as it doesn't violate too egregiously voter representation. Which is why I'm disappointed in the SoS and AG, eight months doesn't seem long enough in a little burg like this to bring a big suit. Waste of state tax payer money too. Doesn't the AG have better things to assign its attornies to?

Barbara Koehn

10:25 am on Saturday, December 1, 2012

Jen-
Do you have the copy of Robert Davis' affidavit / Exhibits A-D?
I think it is amazing that a tral attorney allowed a document to the courts, et.al to go out with misspelled words and the incorrect name of the recalled mayor! Obviously, everything about this is fishy-Also why does a person from Highland Park care about what goes on in Troy?
So much for moving forward and healing our city-

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Jen Anesi

2:24 pm on Saturday, December 1, 2012

This is the document we have from that court case: http://troy.patch.com/articles/secretary-of-state-sues-troy-says-state-law-requires-an-election#pdf-12406881

"Mayor Joyce Daniels" is used in it at least three times, yes.

Erin

2:19 pm on Saturday, December 1, 2012

Apparently, the irony is lost on some.

It seems that it's often the "States rights" and "defer power to the locality" folks, that suddenly feel they need to intrude in the governance of localities when they have the whim.

Honestly, I don't know how someone who practices good governance, like Gov. Snyder, can put up with Schuette and his ilk. Makes no sense to me. Time for Snyder to tug the chain on this bull dog before he further erodes the legitimacy of his administration, and party.

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Mom

3:07 pm on Saturday, December 1, 2012

Totally agree that the Republican party needs to clean house. They have been trying for years to get rid of the major troublemaker in Troy, Bob Gosselin. But for some reason people keep electing this guy to positions even with his history of soliciting, personal protection orders filed against him, kidnapping of an elderly aunt so he could embezzle her money, and he doesn't pay his property taxes. He's what L Brooks Patterson calls the Taliban of Oakland County. Good people need to get involved and stop these bad individuals from ever serving in any capacity. They are law breakers, schemers, scammers, but then also try to work the law in their favor.

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cookiepro2

3:48 pm on Saturday, December 1, 2012

You are right, Erin. This whole episode (the AG getting into bed with a local contingent...the two people who did the stunt at the City Clerk's office are named as injured parties in his suit) is unseemly. Does not speak well for his party.

cookiepro2

3:13 pm on Saturday, December 1, 2012

I don't see Exhibit A referenced in Davis's document above which would identify the Troy member of this organization who Citizens United Against Corrupt Government (Davis's group) say they want to financially support as their Mayor candidate.

All this seems murky business and a power grab by some known and unknown entities that are (or are not?) working together under the guise of State Constitution interpretation.

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cookiepro2

3:19 pm on Saturday, December 1, 2012

Also who's suit gets addressed first, Davis's or Ruth Johnsons's? And is it not redundant to burden the Court (both on Langford Morris's docket) with two suits that say essentially the same thing?

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Mom

4:06 pm on Saturday, December 1, 2012

Dane Slater is a retired police captain. Does anyone believe that he doesn't believe in the "rule of law"? That is what TCU is now peddling on their Concerned Citizen (Ha!) webpage, that retired police officers don't believe in the law. It's getting deep. I have read countless diatribes though by the TCU gang that are anti-police and they have tried to reduce and/or eliminate our police force. I think a better arguement can be made that they believe in the rule of law, uhm, when it suits their purpose.

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cookiepro2

7:49 pm on Saturday, December 1, 2012

I wouldn't blame Dane Slater in the least for walking away from the whole thing. He has gotten such uncalled-for grief. I could almost see him calculatig what he would lose if he took the oath of Mayor and resigned his seat and that was undone by a court ruling...walk away from council, fine. NIce that he spoke with unconditional belief and support for our city attorney and clerk, though, as if that was his only reasoning. Nope, the vagarities of backroom politics and one person's decision is what will determine the outcome, not what is just and right.

John Madden

4:08 pm on Saturday, December 1, 2012

The real question now is, who is taking action to get ready to get on a February ballot, in case the court finds in favor of the SOS, to oppose Brake and Kempen, assuming the court requires acceptance of their petitions?

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cookiepro2

4:21 pm on Saturday, December 1, 2012

I was thinking the same thing, John David. Somewhere in the document in the "Prayer for Relief" (funny phrase) I read that the new application deadline would be 15 days after the Court ruling but no later than January 2nd 2013 (not sure about that date but too lazy to search the PDF again). I hope some are thinking about it. If
possible I hope Maureen McGinnis could run without giving up her council seat, i.e., she still retains her seat until November when her term expires if she doesn't win a February Mayoral race. If she does win, then someone will have to be appointed to take her vacated council seat until November. Better check with the State on any plans for vacancy fulfillment though, and get it in writing :-p

dell

6:25 pm on Saturday, December 1, 2012

How ironic it would be to see Janis as the only petitioner on the ballot.
She could gather the required signatures from her church in a few days.

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cookiepro2

6:37 pm on Saturday, December 1, 2012

Or one could just pay the $100 like Brake and Kempen did.

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ann galen

6:41 pm on Monday, December 3, 2012

...then there would be another recall. Of course, no matter who wins, there might still be another recall.

As far as Slater, Slater has not done a darn thing as mayor so far. Totally incompetent.

Wiley Coyote

11:06 pm on Saturday, December 1, 2012

Toxic Citizens United sounds more appropriate every day.

Everybody needs to know what kind of person Bob Gosselin is--it's easy to understand him when you see the history of sleaze he's perpetrated in his political career.

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Haulin T Male

11:28 pm on Saturday, December 1, 2012

Snyder is not a dictator, either be part of the state or be an Island, can't have a gov. and not an AG, the reason is to make sure the people of the State are sure State law is followed....... if troy followed State law, on one side, then follow it for the whole round trip.

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Erin

7:54 pm on Sunday, December 2, 2012

Haulin - Hmmm, not sure what you mean - no one said Snyder was a dictator. I understand that any governor has to deal with his/her AG, of course. However, with regard to Schuette: in his short time in office, Schuette has displayed a penchant for all the "P's" everyone despises in governmental, as well as office, politics: the personal, the petty, and the purely political. All this, much to the annoyance of Synder, who's functions much the antithesis of that (thank goodness!).
"Attorney General Bill Schuette is always running for office, much to Gov. Snyder's chagrin"
http://www.mlive.com/politics/index.ssf/2012/09/tim_skubick_attorney_general_b.html
Schuette is quickly becoming the Eric Cantor of Michigan politics: never met a podium he didn't like, politics BEFORE policy, and gets little of substance accomplished for his constituents.
Ruth Johnson appeared to have an obsession (to the exclusion of much else) over a check box placement on the Nov. ballot that 1) would accomplish nothing except confusion (perhaps the intent?) & 2) the courts already had ruled AGAINST.

That all said, as Laitner in the Freep recently said: "The dispute is seen by municipal law experts as a classic test between the usual primacy of state over local statutes and the long tradition in Michigan of HOME RULE, which gives WIDE LATITUDE TO CITIES for SETTING THEIR OWN operating rules."

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cookiepro2

5:16 am on Monday, December 3, 2012

Thanks for the link on Schuette, Erin. It explains a lot. IF this case is valid, why didn't the state bring a lawsuit in the other cities where a temporary appointment was made after a recall (Tekonsha was one I heard about). Because this one was high-profile and someone from Schuette's base asked him to do it. As you say, he has a penchant for the personal, petty and political. I've gathered that the interplay between state and city laws is not a cut-and-dried matter, and our attorney (who is a municipal law specialist) thinks we can win this thing.

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Haulin T Male

10:48 am on Monday, December 3, 2012

Seems it's your way or none at all, every one has some thing , that another human won't like about them, just the way we were made. you keep bringing up Snyder, as if he is the end all. If every Gov. had every thing his way, we would sail into one shore, then elect another (OPP party) we would sail into the other shore.

I wonder if this AG would of been at the Manoogian mansion parties, then rules nothing went on....... 6 police lost their positions, or jobs, for trying to do the PEOPLES WORK

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Erin

9:10 am on Tuesday, December 4, 2012

Haulin' - still a bit confused why you seem upset. I so often agree with your comments. I apologize if I said something to offend you. My point is not that Snyder is perfect, no legislator (or person, myself included) is. However, in my capacity as one of Schuette's bosses (aka taxpayer who pays his salary), I feel it well within my purview to complain when I feel he's not fulfilling his job description properly.

With his concentration on publicity and taking on symbolic cases that drive his party's, or his, political agenda, he's taking taxpayer time and money away from the more urgent and substantive issues for our citizens (aka, his bosses). As a result, we end up as de facto campaign contributors for his future run(s). I do not appreciate that. And there are many other citizens, including our Governor, who feel the same.
There's still time for Schuette to return focus on protecting the rights of citizens, and what's best for Michigan moving forward. Ultimately, that is what will not only serve Michigan best, but him as well, if he has future plans.

jack

12:23 am on Monday, December 3, 2012

Everyone should have known there would be a special election if Janice Daniels was recalled. The voters elected her, then the voters recalled her. Now, the council has "appointed" a mayor through a series of events that seem shady at best and illegal at worst. The state wants the voters to act again; we should not proceed with an "appointed" mayor. Plus, Slater is not capable. Just because he sued to be a police captain does not qualify him for any type of public office. He lacks leadership skills, people skills, and he is a game player. We do not need someone like him in office and he needs to go asap. I'd like to see Matt Pryor come back if possible, or the best case scenario would be to have Wade Fleming as the mayor. I am sure the state is aware of all of the game playing that the council and city adminstration have done, and the state wants the voters to decide who will be mayor, instead of leaving it up to Slater, McGinnis, Campbell, Bluhm, etc. - I also believe that Bluhm was aware of her "e mail" that she received "after business hours" last Monday, from the Secretary of State, and she failed to disclose the contents of this e mail at the meeting, in an effort to get Slater in.

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Mom

7:40 am on Monday, December 3, 2012

There will be an election - in November! We do not need to spend additional money because Wade and company didn't get there way. Wade is the game player. He wants to use Troy as a stepping stone. He cost the city money be getting rid of the transit center green initiatives. He is penny wise dollar foolish just like Janice.

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Chris P.

8:42 am on Monday, December 3, 2012

City Attorney Bluhm is right on with her advice and counsel. Fleming and Tietz should not be thumbing their noses at it. I just read a news report that indicates the state law on this is so in need of cleaning up there is legislation moving in the lame duck session to clean it up.

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Haulin T Male

10:56 am on Monday, December 3, 2012

Seems to me our system is set up as a Voter Approved proc. (not appointee)
As was said above, Voted in by the People, Voted out by the People, Has to be Voted in by the People ........... ??? I think the only place that can happen is, our U S const. even then the office is voted on by 400+ members..... this appointment thing is not Healthy, or wise. the whole purpose of our system is to try and appear to be above, the feel, the smell,and quagmire of improprieties. .

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Haulin T Male

11:01 am on Monday, December 3, 2012

Congrats, Troy residents, you have now sunk to the depths of Clawson, and their Baseball minor league team, debacle. congrats......... good to see the people in Clawson are human after all

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Haulin T Male

10:02 am on Tuesday, December 4, 2012

I am not up set, not would I get so over some thing like this. I way to be, is the way to be......... same with this, The Voters voted, in, voters voted out .......... ley no person appoint....... no matter the cost let the Residents Vote, some one in. no matter the cost, besides 100k? at 100.00 a day for precinct worker. does that come to 100K

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ann galen

2:14 pm on Tuesday, December 4, 2012

The residents must vote on it. Any appointee, should be recalled.

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Daffy Noodnicks

2:51 pm on Tuesday, December 4, 2012

Why don't you get those petitions going Ann? Ot is a realy hard thing to successfully achieve a recall so you had bettercget started.Since you are so sure about what should happen and who should do what. Oh that's right you actually have to be a Troy voter to do that. Thanks so much for telling those of us who actually live here and vote here what to do.

Daffy Noodnicks

11:50 am on Tuesday, December 4, 2012

I find it interesting but not surprising that the SOS who defied the law around ballot checkboxes for partisan political nonsense, and the AG who refuses to investigate the Speaker of the House for actual election fraud is choosing to become involved in this issue. These are individuals who put clearly partisan politics above the law.

Our city attorney has only one interest, serving her client, the citizens of Troy. This frivolous partisan game should be summarily thrown out of court.

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