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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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Erin December 1, 2012 at 07:19 pm
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.
Jen Anesi (Editor) December 1, 2012 at 07:24 pm
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.
Mom December 1, 2012 at 08:07 pm
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.
cookiepro2 December 1, 2012 at 08:13 pm
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.
cookiepro2 December 1, 2012 at 08:19 pm
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?
cookiepro2 December 1, 2012 at 08:48 pm
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.
Mom December 1, 2012 at 09:06 pm
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.
John David December 1, 2012 at 09:08 pm
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?
cookiepro2 December 1, 2012 at 09:21 pm
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
ann galen December 1, 2012 at 10:31 pm
Dane Slater can not rescind his resignation. He is out - unless you want another law suit by the State of Michigan
ann galen December 1, 2012 at 10:32 pm
Maybee Janice Daniels will run again, and then we will be right back where we started.
dell December 1, 2012 at 11:25 pm
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.
cookiepro2 December 1, 2012 at 11:37 pm
Or one could just pay the $100 like Brake and Kempen did.
cookiepro2 December 2, 2012 at 12:49 am
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.
Wiley Coyote December 2, 2012 at 04:06 am
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.
Haulin T Male December 2, 2012 at 04:28 am
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.
Erin December 3, 2012 at 12:54 am
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."
jack December 3, 2012 at 05:23 am
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.
cookiepro2 December 3, 2012 at 10:16 am
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.
Mom December 3, 2012 at 12:40 pm
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.
Chris P. December 3, 2012 at 01:42 pm
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.
Haulin T Male December 3, 2012 at 03:48 pm
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
Haulin T Male December 3, 2012 at 03:56 pm
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. .
Haulin T Male December 3, 2012 at 04:01 pm
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
ann galen December 3, 2012 at 11:41 pm
...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.
Erin December 4, 2012 at 02:10 pm
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.
Haulin T Male December 4, 2012 at 03:02 pm
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
Daffy Noodnicks December 4, 2012 at 04:50 pm
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.
ann galen December 4, 2012 at 07:14 pm
The residents must vote on it. Any appointee, should be recalled.
Daffy Noodnicks December 4, 2012 at 07:51 pm
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.

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Dunham's Sports new headquarters at 5607 New King Drive in Troy, Michigan.
Ray Smith June 14, 2013 at 02:24 pm
It would have been nice to know where those companies are moving FROM.
Rick Wochoski June 14, 2013 at 03:07 pm
Good news for Troy. And hopefully they'll be hiring some new workers, too.