Election commission rejects recall language
by Angie Asam-Staff Writer
Members of the Presque Isle County Election Commission rejected recall language Thursday morning that would possibly have recalled Onaway City Commissioners Bernie Schmeltzer and Ron Horrocks.
The language was the same that was approved in May for the recall of commissioners Jessie Horrocks and Chuck Abshagen as well as mayor Gary Wregglesworth, however, this time the election commission determined that statements one and three of the recall language were conclusionary in nature rather than factual.
Language on the recall petition stated, “that each individual has failed to make decisions in which the voters have entrusted them to make regarding the safety and security of our community by refusing to explore or take advantage of offers or options from citizens or other outside governmental agencies to retain the Onaway Police Department and by doing so, is putting the community’s safety and security at risk.”
Schmeltzer was the only member of the audience who wished to speak to the language at the meetings beginning. “Per the statute regarding recall petitions it is the responsibility of this election board to determine whether every aspect of this allegation is both factual and of sufficient clarity to be put before the voters for signatures. At two earlier hearings, both in consideration of recall language against three other members of the Onaway City Commission, members of this board stated that they did not have to make a determination that the allegations are based on truth to move them forward, only that the allegations are factually stated. Further it was said that a determination as to whether the allegations are truthful is best left to the electorate. I do not believe that is the intent of the legislation, in fact I believe it is quite the opposite,” he said.
“Factual is defined in the Oxford English Dictionary as ‘based on or concerned with things that are known to be true.’ The key part of that definition I would argue is known to be true. Opinion meanwhile is defined as ‘a belief or assessment based on grounds short of proof, or what one thinks about a particular topic’. The recall language here clearly fits the definition of opinion, it does not come close to meeting the definition of factual,” said Schmeltzer.
“Truth or fact can easily be proven by anyone submitting a recall petition against an elected official simply by stating action by that elected official as reflected in their meeting minutes. Meeting minutes could easily used to prove an allegation true and those being asked to sign a recall petition would be deciding if the said action is in the best interest of the community not whether the allegation is factual or true. A petitioner could present language that can easily be proven false by the meeting minutes but still move forward as factual or true by this election board. I would challenge that based on the interpretation of the legislation that passed earlier this year,” he said.
Schmeltzer continued going through the statute that was approved and signed into law. He highlighted the difference between statements such as “commissioner X is a thief with nothing to back it up” or “commissioner X has been charged with theft, with legal paperwork to back it up” saying that “it could be argued that both allegations were factually presented, but only one is based on fact and is therefore factual.
“Much of the allegation before you is nothing more than opinion,” Schmeltzer said. In regard to the statement that he and commissioner Horrocks, the subjects of the recall language, had failed to make decisions the voters entrusted them to make regarding the safety and security of the voters he said “Clearly we as elected officials have made decisions recently that involve public safety and law enforcement and there has been no failure to make decisions.”
He then discussed the rest of the language using facts to back up that he and Horrocks have indeed explored options before making a decision to disband the Onaway Police Department.
The election commission, after hearing from Schmeltzer, determined that the first statement regarding the recall subjects have failed to make decisions and the last
Probate Judge Donald McLennan, clerk Ann Marie Main and treasurer Bridget LaLonde discussed the recall language and all three agreed that two of the three statements in the recall language (the first and the third) were not factual.
Although the same language was approved for the recall of the other three members of the commission this spring, the election commission stated that the notions brought to light by Schmeltzer clarified their opinion.
After coming to the conclusion that two of the allegations were not factual in nature the board unanimously voted to reject the recall language. Onaway commissioner Jessie Horrocks, who was in the audience, then asked if the election commission would consider overturning their prior decision, to which McLennan answered “it is too late, you didn’t file an appeal,” and the meeting adjourned.