Fwd: RE: Why a mayor appointment; why no election...

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From:, To:1 Subject: Fwd: RE: Why a mayor appointment; why no election until November rather than February? Date: Sun, Nov 18, 2012 2:12 am br

f Original Message ( From: ^^ V To: flMMMIMMMMMfliM^PHPi^HflH^P^; bluhmlg <biuhmlg@)troymi.qov>: ^ bittnera <bittnera(3)trovmi.aov>; m.culpepper <m.culpepper(5)trovmi.qov>: m.culpepper

Sent: Fri, Nov 9, 2012 2:04 am Subject: RE: Why a mayor appointment; why no election until November rather than February?

I see nothing anywhere in the city charter or in the council's rules & procedures that conveys any authority to appoint the Mayor Pro Tern to the position of Acting Mayor. That title is only available per the Rules of Procedure for the City Council, Section 3, to the longest serving council member (Wade Fleming) IN THE ABSENCE OF BOTH THE MAYOR AND THE MAYOR PRO TEM, as follows:
3. DESIGNATION OF ACTING MAYOR

In the absence or disability of the Mayor and the Mayor Pro Tern, the Council Member present who has served longest shall be designated Acting Mayor and shall perform the duties of the Mayor. Of course the Mayor Pro Tem already has the authority to act in the absence of the mayor, per Section 3.8 (e) of the Charter (where the title of Acting Mayor is again mentioned only in the context of the situation where neither the mayor nor mayor pro tem is available), and by operation of the Michigan Election Law sections on recall as I point out below in my original email to Councilman Henderson. I don't understand why you are risking a law suit against the city by anyone disgruntled over an action by a council led by a figure other than that provided for in city and state laws (as if Troy needed more notoriety).

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Sent: Thu,~Nov 8, 2012 4:42 pm
Subject: RE: Why a mayor appointment; why no election until November rather than February?

Here is the official response from the city Attorney.
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11/21/2012 3:48 AM

Fwd: RE: Why a mayor appointment; why no election...

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".... Under the rules of legal interpretation, when something is expressly covered in our charter, and it is specific, then it prevails over state law provisions that are more general. T^isls'why the charter provision, which is very narrow, is controlling, and assuming the election is certified, there is an appointment of a Mayor with a term that expires November 2013" Thanks
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From: Sent: Thursday, November 08, 2012 12:01 PM Subject: Why a mayor appointment; why no election untiTNovember rather than February? State election law does NOT provide for Maureen to be appointed mayor, it only says she will perform the duties of the mayor (just as the mayor pro tern does in any case when the mayor is not available); and the Charter only provides for the council to elect a temporary mayor within thirty days: "MI 168.970 - Recall of officer; vacancy. Sec. 970. Upon the filing of the certificate of the canvassing board showing the recall of the officer as herein provided, the officer empowered by law to perform the duties of such recalled official, in the event of such officer's absence, death, illness or inability to act, shall perform and discharge the duties of the office so vacated until the successor to fill such vacancy is duly elected and qualified as herein provided or until the vacancy is temporarily filled. . . ." And then regarding the timing of the election to fill the vacancy, why are we not having the election in February? The applicable state election law provisions read: "MI 168.971 Special election; appointment of review team; applicability of section. Sec. 971. (1) If the recSrft is successful, a special election to fill the vacancy shall be held on the next regular election date. The provisions in section 964 for calling and conducting of the recall election govern the calling and conducting of the election to fill the vacancy created, except as otherwise provided in this section " and: "MI 168.641. (1) Except as otherwise provided in this section and sections 642 and 642a, beginning January 1, 2005, an election held under this act shall be held on 1 of the following regular election dates: fa) The February regular election date, which is the fourth Tuesday in February. (b) The May regular election date, which is the first Tuesday after the first Monday in May. (c) The August regular election date, which is the first Tuesday after the first Monday in August. (d) The November regular election date, which is the first Tuesday after the first Monday in November. . . ." Troy's City Charter on the subject of a vacancy in office provides: "Section 6.7 - Filling Vacancies in Elective Office: City Council shall fill vacancies of an elective office that are declared vacant pursuant to Section

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11/21/2012 3:48 AM

Fwd: RE: Why a mayor appointment; why no election...

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6.2 within 30 days by a majority vote of the remaining members of the Council, said appointee to hold office until the successor takes office, the election of which shall be on the next November or even-year August Election date." The charter provision above seems to be in direct conflict with the state election law cited earlier - how is it that the charter is being given preference over state law? Can you find someone to explain these discrepancies?

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11/21/2012 3:48 AM