Saturday, December 31, 2011

Curious about how to recall a mayor?

Here's some information from Troy Patch.


Troy Attorneys Explain Recall Process for Troy Mayor 


Attorney Michael Bartnik and Troy City Attorney Lori Grigg Bluhm share their legal expertise.



Dozens of Troy residents asked Mayor Janice Daniels to resign when they addressed City Council in comments Monday night, and Daniels listened attentively but has said she has no intention of resigning, despite the criticism over her use of a use of a gay slur on Facebook.
Attorney Michael Bartnik of Troy-based Bartnik Law Offices, who said he does not approve of the way Daniels has conducted herself since the offending post surfaced Friday, wrote in a letter Wednesday to Troy Patch: "The people of Troy do have the recall remedy."
In order to file a recall petition, Bartnik said, there are three substantive requirements:
  1. The petition must “state clearly each reason for the recall.”
  2. “Each reason for the recall shall be based upon the officer's conduct during his or her current term of office.”
  3. The petition cannot be filed until six months after “the officer has actually performed the duties of the office." For Daniels, this is six months from the first City Council meeting following the November election, Bartnik said.
The petition may be filed with the Oakland County Clerk. "Then, whoever wants to organize this would need to put in their language that they want as grounds for the recall," Bartnik said.
Bartnik said the petition must be signed by at least 25 percent of the number of Troy voters who voted in the recent election for governor*.
He noted that since the Facebook comment was made before Daniels took office, it does not meet the second requirement and cannot be used as a reason for recalling the mayor.
"However, if Troy voters want to recall the mayor for something she has done while in office, the state constitution and statutes are behind them," he said.
Troy City Attorney Lori Grigg Bluhm said Troy City Council members "don't have the ability to remove her in any way, shape or form," and that a recall is the only way to remove the mayor from office. But the City Council "can pass a resolution (censure) that basically is a resolution of disapproval," she said.
She added that the censure "is really just a slap on the hand."
The only government official in the state who can remove Daniels from office without a recall is the governor, Bluhm said, though Daniels would first have to be found guilty of misconduct of office — a criminal offense.

4 comments:

  1. So where/how does one find out how many Troy voters voted in the last governor election?

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  2. Well how about turning down the money for the transit center?

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  3. It would take approximately 8,000 signatures to recall Daniels for her illogical reasoning in turning down the transit center money.

    --------
    http://miboecfr.nicusa.com/cgi-bin/cfr/precinct_srch.cgi

    Criteria used:
    -- Election: 2010 General;
    -- County: OAKLAND;
    -- Office sought: Governor 4 Year Term (1) Position;
    -- City/Township: TROY CITY;

    TROY CITY TOTAL 31,939
    -----------

    Assuming you wanted to collect 9,000 signatures (to make up for invalid signatures) in 90 days, that would be 100 signatures a day. If she keeps opening her mouth, it shouldn't be hard to get that many...

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  4. According to the Oakland County Clerks site (http://results.enr.clarityelections.com/MI/Oakland/35376/50454/en/summary.html), there were 14,832 votes for mayor. That would mean you need 3,708 valid signatures to recall the mayor. Given the way things have gone, I don't see this being a huge challenge.

    ReplyDelete