State Attorney General to Troy: Call Election or We'll Take You to Court
Richard Bandstra, chief legal counsel for State Attorney General Bill Schuette, responds to the City's Tuesday letter refuting the need for a February election to replace recalled mayor Janice Daniels.
The chief legal counsel for Michigan Attorney General Bill Schuette has told Troy: Either order a special election on Feb. 26, 2013, or face litigation.
Troy leaders, however, continue to fight with the state for the ability to hold off on electing a new mayor until November of next year.
"After careful review of the provisions of Michigan's Election Law and the City of Troy Charter, it is the position of this office that a special election should have been called for February 2013 to fill the remainder of the unexpired term following the recent successfull recall of former Mayor Janice Daniels," Schuette's Chief Legal Counsel Richard Bandstra wrote.
In the two-page letter from Bandstra to Troy City Attorney Lori Grigg Bluhm and other city administrators, Bandstra gave city administrators until 1 p.m. this Friday to respond.
"In the event that this office does not receive a favorable response," he wrote, "this office will be compelled to initiate litigation."
But Bluhm said the Attorney General's office has misinterpreted her argument and defense of Troy's City Charter, which she maintains allows the city to appoint someone to fill the vacancy until next November.
"I will make every effort to avoid a lawsuit, and therefore I plan to respond to the letter by the designated time," Bluhm said Thursday evening. "Unfortunately, the letter misinterprets the City’s legal argument.
"The City is not claiming that our Charter trumps state law. 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."
To read the letter from Bandstra to Bluhm – as well as previous correspondence between the city and the state – please see the attached PDF files.
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Sue Martin
7:51 pm on Thursday, November 29, 2012
Atty. Bluhm isn't "calling all the shots," she's doing her job. She's not doing anything "shady" in any "back rooms," she's working in her office at City Hall. She sees our City Charter presented VERY clearly, and she is defending the Charter as approved BY THE VOTERS.
Do you have a law degree? Are you a Troy resident?
Sue Martin
10:55 pm on Thursday, November 29, 2012
The comment to which I was responding was removed.
Anonymous
8:42 pm on Thursday, November 29, 2012
Wow--so it was worth recalling JD because she was giving Troy a bad name, Well it doesn't seem any better now with this fiasco. Attorney Bluhm is doing her job, but she must be missing something if the State Attorney General's office is ready to initiate litigation. Government can't be trusted. I watched the YouTube video about Ed Kempen filing paperwork to run for Mayor and his paperwork wouldn't be accepted by the City Clerk; then the clerk staff claim that she was on the phone when he had questions for her. She was not on the phone! She was clearly staring at her computer screen, watching the clock and not speaking to him until after the deadline filing time of 4pm. Let's not forget, Dane Slater is a retired City employee who the City/Bluhm would like to keep as mayor for their own agenda. Also, pay attention to the names of the 41 people who filed for the vacant council seat -- some of them are related to city employees. So their agenda is to take care of the city employees and city employee pensions, not the residents.
Lynn Hodorek
9:27 pm on Thursday, November 29, 2012
She had already told the gentlemen several times that the office wouldn't accept paperwork as there had not been any election called. How can you accept an application for an election that doesn't exist?
I also take issue with your idea that a retired city employee would not be concerned about residents; my mom worked at the city and she has no less desire to improve Troy for all Troy residents than anyone else.
Chris P.
8:52 pm on Thursday, November 29, 2012
Sounds like the Attorney General's office needs to learn how to read and perhaps boost their comprehension skills. The Troy City Attorney's argument is very clear and it's odd that the AG didn't get it straight. If the AG is going to waste everyone's time taking action needlessly, they should at least get it straight what they're arguing.
Barbara Koehn
12:49 am on Friday, November 30, 2012
After reading the letter from the AG's office, I still back Lori Blum 100%-she is an excellent attorney and has the knowledge and the necessary information in order to sucessfully argue her point regarding the City's Charter. Chris P., I also can't understand why the AG's office can't comprehend what Mrs. Blum has written.
To Anonymous-how can one sign up for an election that as of this point has not been called?
Further, my husband is a former volunteer firefighter for this city and just because he has retired with over 20 years of service does not mean that he quit caring about Troy-Also because Troy is only 36 square miles and some families have lived here since before the inception of the City of Troy, you will find many names on that list of people whose families have been here longer than you or I. I do not believe as you do that all people who run for an office in Troy have their own agenda. Hopefully, the council members will weed through and choose the best candidate for the open position. I know that we still have a divided council and it is my sincere hope that they will put aside their politics and appoint a person who is impartial and nonpolitical. Only time will tell.
Larry Fuller
4:00 am on Friday, November 30, 2012
What makes me sick here is that at Monday Night's City Council Meeting, Attorney Laurie Bluhm was SPECIFICALLY asked "Did you receive any response from the Attorney General's Office" by Councilman Henderson, she said "Uh, I have an email, but have not opened it yet" give me a break, she knew exactly what that email contained and now she is eating crow!!! What a mistake to not tell the truth on tape! She still could have avoided all of this is she investigated this recall in's/out's prior to the election. Now us taxpayers will have to eat the fruitless bill of $90,000.00 for a February election. She knows she is wrong, she is back pedaling now. Such a screwed up disappointment! Troy is now the laughing stock of the nation, thanks Bluhm!
Chris P.
7:36 am on Friday, November 30, 2012
What should really make you sick is the reality that this is all because Wade Fleming, Bob Gosselin and his team didn't get their way and they have "friends" at the County and the State helping them create turmoil. That's what should make you sick. And that's you who you should be up in arms about.
Total Health
5:23 am on Friday, November 30, 2012
Ms. Bluhm claims that we need to honor our charter, well... It appears to me that the charter needs to be updated so that it complies with state election laws...I was of the understanding that State laws, and in this case election laws, trump city charters. And why would she NOT open an email from the AG's office before a council meeting, when she knew darn well that the subject would come up.. and YES I think she knew what it contained.. and we are getting a black eye in the news once again.
"The City is not claiming that our Charter trumps state law. 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."
Chris P.
7:23 am on Friday, November 30, 2012
Another way to look at it: the State needs to clean up it's law. Until it does, the correct course of action would be as our City Attorney suggests. A path that upholds both.
Sue Martin
8:05 am on Friday, November 30, 2012
Correct me if I'm wrong...but would we not end up "paying" twice for this lawsuit? Our city taxes pay our City Atty's salary, which will be used to defend a frivolous suit. And our state taxes pay our state employees. Isn't the state concerned about the wasteful spending of this tax money?
Tom Baker
9:40 am on Friday, November 30, 2012
The folks currently in charge don't want an election. They just overthrew the dictator and want to spend money on Depot's. We just finally got rid of Szerlag and Schilling and now we have the spenders back in power!
Toby Gosselin
8:21 am on Friday, November 30, 2012
Dumb and Dumber: a YouTube video boasting personal checks, routing numbers, names and addresses exhibit poor judgement risking bank fraud in cyberspace:THE perfect example why these characters are not fit to serve.
I support our skilled city administration and trust the process should litigation be necessary.
Larry Fuller
7:58 pm on Friday, November 30, 2012
Brown Noser!
Total Health
9:10 am on Friday, November 30, 2012
From everything I read regarding a recall, the city is supposed to appoint a replacement only until the next election so the people can choose their mayor. The next election cycle IS February, not November. I dont understand how our City Atty could have missed it - It seems very clear to me. The state is very clear on this issue so that the cities cant appoint replacements.
So, its important to pay for special elections for the library in August but not a Mayoral replacement?? cmon.. the pendulum swings both ways.
We pay the city atty a salary just as the state pays it employees a salary, so they are getting paid anyway, so i dont believe its wasteful because they already collect a paycheck.
Sue Martin
4:18 pm on Friday, November 30, 2012
I get that city employees working on this...and state employees working on this...are merely earning their salaries. My greater point is that it seems ridiculous to put THIS much effort into THIS issue months after our city attorney very publicly stated the intentions of the city...without ANY push-back.
No one balked for months that we WERE NOT going to waste tax dollars on a special early election. Now all of a sudden, known fiscal conservatives are begging for one. Doesn't add up.
Total Health
4:34 pm on Friday, November 30, 2012
If our City Atty would have researched and asked the opinion of the AG a long time ago, she would have had her answer, but we all know that did not happen. It was her responsibility to cross all T's and dot all I's to make sure the city was conducting the recall correctly, which included calling the county AND state for assistance.
From what I am gathering, they did NOT want to get the AG's opinion because then its binding.
cookiepro2
5:54 pm on Friday, November 30, 2012
Total Health,
The City Attorney and City Clerk went throught the usual channels in vetting the election date with the Oakland County Clerk's Election Division, who would be the next level up in government. I don't think it was called for to get an opinion from the AG back in September, he probably would have blown it off. Who else should she have consulted, the Governor, the US Attorney General, the President?
I find it troubling that NOW the Oakland County Clerk's office is not supporting our city's position, maybe they didn't do their job back then, or are quietly walking away from their responsiblity and their earlier stance due to political pressure?
Peoplearenuts
9:19 am on Friday, November 30, 2012
How about Snyder appointing an emergency mayor? Save us the cost of the lawsuit, election, etc. The last I knew from civics class, state law trumps city law. Just get this over with and get on with city business. This whole thing is just nuts.
Chris P.
10:01 am on Friday, November 30, 2012
Funny how so many are quick to be all doubtful about legitimate, well educated, trained city employees. But it often turns out it's the political hacks making money off the taxpayers that are the crux of the problem. Food for thought:
http://www.keeptroystrong.com/2012/11/so-naive.html#comment-form
Tom Baker
10:40 am on Friday, November 30, 2012
Chris, with all do respect, there are two aspects to society. The public sector and the private sector. When you use terms like well educated, trained city employees the private sector questions that because the public sector can't move without legal opinions. Every nuance practically of public management needs legal opinion because of the dangers politically of making a bad mistake. This is why there are checks and balances. The American dream is not set up to go work for government. It is set up to take risk. When government takes risk like the $1 billion the EPA lost on RE projects they end up looking bad. So the private sector which is by far the majority tend to not trust public employees with their financial decisions which is why Troy's Economic development bond status is in Junk Bond territory.
Ellen Hodorek
10:24 am on Friday, November 30, 2012
As a former part time employee in the City (I worked in the private sector before for years and do so again now), I am stunned and appalled at how Concerned Troy Citizens, the TCU, etc., purposely create a drumbeat to cause residents to doubt our employee's talents, advice and efforts to SERVE us with excellence. Fellow residents: please stop and think who you are trusting and who you are not trusting. Many of our employees not only work here, they also live here. Volunteer here. Are raising their kids here. Pay property taxes here. They care deeply about the city, the city infrastructure, it's reputation, and the safety of its residents. Their kids are in school and on soccer teams, marching bands, etc., with everyone else's kids. When employees, former employees, and relatives of employees speak up to express concern, they actually really know what they're talking about. And, understand this, they are not politically motivated. But they are deeply informed and truly understand the issues, the opportunities and the harm of career politicians practicing hyper partisan politics where it has no business being practiced. That's the behavior that's hurting Troy's reputation and wasting our tax dollars. And that's exactly the behavior being thrust upon us all right now. I trust our City Attorney completely as well as Mayor Slater, Councilwoman McGinnis, and Councilman Campbell. They're wise, pragmatic and experienced in these matters and worthy of trust.
Larry Fuller
8:03 pm on Friday, November 30, 2012
You really need to consider the mistakes made here by our City Attorney, she has egg on her face on this one! Let's face it, the email was there she admitted at the City Council meeting, yet she deceived to know the contents, ohhhh pleeezzzzzeee! It seems like she is trying to cover her tracks here and concoct a story that sounds somewhat innocent and believable. When the pay the huge salary to an attorney, don't you expect the best advice, research, and knowledge? Think about it.
ann galen
10:38 am on Friday, November 30, 2012
Getting sued by the State of Michigan, having a recall and not knowing what a recall would do, a Transit Center to nowhere that nobody is ever going to use, closing the library on Saturdays the day when most citizens need it, suing Hooters and other businesses to stay out of Troy , a million dollar red brick sidewalk to a park nobody uses, a solar house that cannot heat itself and which nobody can use, millions of dollars spent on the Downtown Development Authority and nobody even knows where "downtown Troy" is, and a dozen others is what makes the City of Troy the shame of Michigan. What a bunch of clowns! Ditto for the people who elected the clowns.
Wiley Coyote
12:23 pm on Friday, November 30, 2012
Ann, for the love of god, stay out of it.
Larry Fuller
8:05 pm on Friday, November 30, 2012
Ann is right though! Wasted spending sprees.......the million dollar 'yellow brick road' which nobody walks on.....so true!
ann galen
7:02 pm on Wednesday, December 5, 2012
Wiley Coyote, as usual and typical, your comment is totally void of any substance and contributes nothing to this discussion.
Really
11:48 am on Friday, November 30, 2012
It was always going to end up in court. It's also apparent that this issue is political gamesmenship (and initiated by the Gosselin/Clark group). There is not a City employee involved in that. The City employees are trying to interpret the law for the citizens. There is no political motivation for the City Attorney nor Clerk to do anything but their jobs. The Attorney and Clerk work for the Council. They are doing their jobs very well. As for Ms. Galen, her outstate views of Troy have been disproved multiple times.
Tom Baker
12:44 pm on Friday, November 30, 2012
The real question is why would it end up in court? Why wouldn't the City Council immediately let the voters choose a new Mayor? Why would anyone want to prevent the voters from representation?
cookiepro2
2:19 pm on Friday, November 30, 2012
Tom
I'm all for voter representation. But in this case, I think too big of a deal is being made out of this. I'm tired of elections and quite willing to wait eight months until November, especially if it will save the city $50,000 in a special election. Nothing earth-shattering will happen with Dane Slater as temporary stand-in Mayor for eight monrths, and he was after all elected to council so it's not like they got somebody unelected in there. Also before the recall election, the voters expected there not to be a special election if the recall passed, it would be in November....why wasn't any complaint made at that time, about lack of voter representation in the intervening months?
I really think the State should let us alone and let us continue about our business, the important thing for the city council NOW is to focus on filling the empty council seat which will not be selected by the voters, and impacts decisions made. Oh, but wait the State is now throwing a monkey wrench in that with their lawsuit about the Mayor election. I have no idea what the heck is going to happen with that empty council seat now.
Obviously, State and City charter do not mesh regarding recall and vacncy filling, but the State should not make Troy a working example in progress of how it should be done. Gio back to the legislature, do it properly, plan, cogitate, and take some time about it.
Really
1:55 pm on Friday, November 30, 2012
It was going to end up in court because of the conflict between the Statute and the Charter, which the City Attorney has specified. The City can't follow the Statute and not be in violation of several other Charter provisions. These provisions are not being taken into account by the State at this point, and they must be addressed. If the AG had agreed, case closed. As of right now, the AG doesn't agree. The City Attorney is left with no choice but to defend the Charter. There is no intent to prevent the voters from choosing representation, it's just a question of when.
dell
8:27 pm on Friday, November 30, 2012
Total waste of tax payer dollars.
When will it end.
I posted long ago this was going to end up costing us 100-150k by recalling Janis.
I would tell you to look at my comments under the recall Janis Facebook page, but they long ago deleted my posts and blocked me from posting civil common sense comments on their page. Talk about suppressing free speech.
I also read last week the so called high speed rail to Chicago (you know, the one the troy rail system was going to connect to) has been nixed by the federal department transportation. No federal money for high speed rail system.
How can some of you say your motives are in the best interest of Troy?
The motives behind this recall were purely political posturing for self interest.
This recall accomplished nothing and will cost us all plenty.
cookiepro2
9:19 pm on Friday, November 30, 2012
dell,
I wish you had posted your predictions here, they would not have been deleted.
At any rate, I agree with you that a special election is pointless and a waste of taxpayer dollars. Little would I have known that the SoS and the Attorney General would join the ranks of Robert Davis and sue us on an arguable point of principle that does nothing to serve Troy now. I will certainly remember their actions if they decide to continue their political aspirations after their terms expire.
Anonymous
1:22 am on Saturday, December 1, 2012
@Lynn H. I realize the city clerk couldn't accept the applications because at that time an election didn't exist, but she didn't have to lie being on the phone, because you could clearly see on the video she was staring at a computer screen waiting for 4:01pm to take the pressure off of her and then proceed to the counter. The retired Troy city employees who are residents are concerned about their pensions. Why did Szerlag and Lamerato leave? They know the city, like other major cities in the country, cannot afford to pay pensions and health care for public sector retiree without eventually running out of money. Regarding your partisan comment, how many public sector employees vote Democrat through their unions..i.e. 100%, to protect their extravagant retirement taxpayer funded retirement packages.
Chris P.
8:58 am on Saturday, December 1, 2012
Anonymous: As a Republican and business woman I have to wonder at so many assumptions you are making here. But, what the heck! I'll play. In the video we see the source of all that divides Troy, Oakland County Commissioner Bob Gosselin, leading a crew including two men who, I'm sorry, who do not look anything like the type of person I want to serve as ceremonial mayor of Troy. Gosselin is paid some $30,000 a year in his elected post; this is on top of the salary he earns at an automaker. (I believe GM.) He doesn't pay his property taxes on time (he waits till he's up for election), has been arrested for soliciting a prostitute, & bleeds fund balances. He's on the phone with Rusty Hills, the Director of Communication for the AG's office, who seems happy to play along. Could there be connections between Bob, Rusty, Ruth Johnson (who has failed Troy miserably in the past), and Bill Bullard the Oakland County Clerk? Could be, since Councilman Doug Tietz works for Bullard, as a communications type guy. Maybe Doug and Rusy are buddies? Maybe Doug, a Tea Party guy, asked Rusty if he could happen to be on hand for a phone call and play act when Bob Gosselin called in?
Given these assumptions, I think the City Clerk performed her duties perfectly. As a fiscal conservative who is happy to see our Clerk and City Attorney uphold our City Charter, I'm thinking they are earning every penny we are paying them. Can't say the same for Bob, Doug, Rusty, Ruth, etc.
Total Health
11:06 am on Saturday, December 1, 2012
As I have said before, the city Atty did NOT do her due diligence and research, or maybe she just didn't think of it but she strikes me as a very bright and competent woman.... If she would have contact the Ag office BEFORE the recall and asked them, she would have been told she needed a Feb election... I'm not an atty, but it seemed pretty cut and dry.. Next election means February!!
cookiepro2
11:55 am on Saturday, December 1, 2012
I doubt the AG would have made the time to do the research, elections not being his direct responsiblity. He probably would have directed her to the Oakland County Elections Division, which our city clerk did. Perhaps in court, our clerk will have documentation that will back up contact and show either outright or tacit approval from that body. I find it interesting that the suit specifies that in the remedy action that SoS wants Troy to take, we are to hold the February election and follow the mandates of BOTH the State laws AND our City Charter in doing so. That's impossible without amending our charter as far as adequate public notifications in the newspaper, and giving applicants time to gather petition signatures.
When was the last time Troy had a regular election in February?
cookiepro2
6:30 pm on Saturday, December 1, 2012
Total Health,
Here are comments from Dave Henderson on the Recall, if successful scenario, that was fleshed out over this past year:
"I was happy with the process that was laid before us by the city attorney. I had become comfortable with it this summer as we began to ask all the what if questions regarding the recall. The process was reviewed by Oakland county, which is a typical procedure regarding elections. It was stated that although we reviewed our city charter as it overlaid the state election laws, we didn’t consult with the SoS in the process as this was not typically required in election scenarios".
I see the words "typical" used in the above. What I think is ATYPICAL is the sudden attention that the SoS is giving the matter, and the AG's involvement in setting up the scenario for the suit (i.e., have Kempen and Brake go to the city clerk's office).
Chris P.
6:37 pm on Saturday, December 1, 2012
Cookiepro2, help me out here: the Kempen and Brake charade is part of the suit? I haven't had time to read everything.
cookiepro2
6:45 pm on Saturday, December 1, 2012
http://troy.patch.com/articles/secretary-of-state-sues-troy-says-state-law-requires-an-election#pdf-12413339
Scroll to page 11 of the above PDF. It is in the section titled "Count III Declaring Judgmental and Permanent Injunction".
cookiepro2
6:48 pm on Saturday, December 1, 2012
Correction, it is titled "Declaratory Judgement and Permanent Injunction". It is item #45. Later under Prayer for Relief, one of the items is to accept their applications.
Larry Fuller
11:32 pm on Thursday, January 3, 2013
Let's recall the City Attorney and get someone who gives a damn in there! She is simply wasting hundreds of thousands of the tax dollars, and when asked ANY question during a city council meeting, she stumbles and answers....duh....yea I guess so...maybe, but kinda sorta, well I guess, sure, think so, wait, but really. We deserve better! Watch the next Monday Night council meeting and her response, you will see what I mean.
mark otto
1:07 am on Friday, January 4, 2013
Larry you are an idiot.