Bearinger township supervisor recall petition moves forward

by Peter Jakey, Managing Editor

A recall petition against the Bearinger Township supervisor can begin circulating now that the Presque Isle County Election Commission (EC) has approved the wording. The commission approved the recall language against Karen Silver Friday morning following a 45-minute hearing at the county courthouse. Petitioners now can begin collecting signatures to have the recall placed on a ballot. The last day a recall petition can be filed in order for the recall question to appear on the August primary ballot is April 30.

Petitioners need to collect 55 signatures. Probate Judge Donald McLennan, the EC?s legal counsel, said their job was to determine whether the allegations are ?sufficiently clear? to enable Silver to defend herself, and for the voters, who may make the final decision at the polls. McLennan said the EC wasn?t there to decide if the allegations justify a recall. ?The allegation could be the officer wears a red jacket on St. Patrick?s Day, so what. As long as the allegation is sufficiently clear, then it?s up to the voters to decide whether or not that justifies recall.?

Among the accusations on the petition are that she violated the Open Meetings Act (OMA); alienated member?s of the township?s protection services: ?has been financially negligent?; falsified a board members attendance to a state official; ?disenfranchised voters,? as well as ?deceived and misled the public.? SILVER, WHO began serving as supervisor in June 2008, was in attendance and defended the allegations made by fellow township trustee Kay Dowker. The petition was filed March 9.

Silver questioned whether there was proof she violated the OMA. She continued by indicating the Medical First Responders were ?temporarily put on hold until they became licensed and certified, so the department could fill the roster to meet the state of Michigan regulations.? Silver added that it was the fireboard?s decision and not the township?s. ?The accusation that I attempted but failed to close the fire department single-handedly?is absurd,? said Silver. In regard to being accused of being financially negligent, Silver said she supported a decision to not renew the expiring fire department millage.

?The township has enough funds to purchase all needed equipment for at least two years without a millage,? said Silver. ?It will give a tax break to Bearinger Township taxpayers.? She also said the expenditures in 2009-10 were down by 30 percent. Additionally, Silver said the township didn?t waste $32,000 when the board voted to not enact local zoning ordinances last fall and repeal the planning commission earlier this year. Part of the total was a $16,000 match.

?THE ISSUE of these ordinances can be revisited any time in the future when township revenues become more stable,? said Silver. Breaking down at the podium, Silver questioned Dowker?s integrity and asked why the issues were not brought up at a regular township meeting, ?so we all could discuss my conduct in a public forum. ?I don?t want to be here today, nor do I want any of our township board members ever to have to attend a recall clarity hearing. I good dose of common sense and communication among our board members was needed, not a recall.? Silver asked either Dowker to withdraw her petition or for the EC to disregard it. TOM HARKLEROAD, a supporter of the petition, said the decision to move forward with a recall is about the way Silver has been handling her duties.

?I don?t think this is the appropriate time, from what I understand, to challenge the text of the recall petition,? he said. ?It is our opinion, there is no ambiguity.? Treasurer Beth Heinzel said some of the allegations needed more detail. Bearinger Township trustee Pat Augustine, a supporter of the recall, said they were allowed only 200 words. ?You can?t spell out every single thing to the nth degree, but we have a book full of proof right here,? she said, holding up a folder. Township treasurer Gale Phelps said Silver ?has done nothing to warrant a recall from office.?

As an example, Phelps said she initiated an in-service meeting with professional mediators, ?so that our boar

d could try to resolve some of our communication issues,? said Phelps. ?Supervisor Silver has always had the welfare of the township in mind when conducting business.? MCLENNAN SAID the appellate court is strong on the principle that citizens are entitled by the Michigan Constitution to file a recall petition. ?It doesn?t say anywhere in the state constitution that elected officials have to have thick skins, but the reality is, you do have to have thick skins,? he said. ?The leading case tells us, ?whether the representations are truthful or complete, is irrelevant in determining the clarity of the language.? ?

McLennan said there were some allegations he understood, and others that could have used additional information. ?If any one of several allegations in a petition is deemed to be sufficiently clear, the petition must be upheld,? said McLennan of a 1986 case in Wayne County. Moments later, the EC?s decision was 3-0. On Monday, Silver said she would not appeal the decision. ?I would like to send a message to the citizens of Bearinger,? said Silver in a letter e-mailed to the Advance. ?Don?t let special interest groups from Huron Beach run Bearinger Township. This recall effort is dirty politics, at best. ?No, I will not be appealing a lie. I will be going forward with the truth for the public and continuing to conduct the business of Bearinger Township.?