Democracy Under Attack Once Again in Mason County

[XLFD]

On Monday, August 20, 2015 another nail was driven into the coffin of democracy by local legislators.  This is at least the fourth instance of our local leaders deciding that democracy, even when its established by the rules, is not what they want to give to the people they supposedly represent.  This time it was in Scottville, by their city commission.  A quick chronological recap of these occurrences that have happened since 2011:

1)  Les Johnson appointed to City Council in 2011:  The Ludington City Charter section 5.2 says that when two elected positions become vacant, a special election must be held:  "Multiple vacancies shall be filled by a special election."

This problem came about because Mary-Reeds Mortensen resigned about a week after she was reelected in 2009 as City Treasurer, and the council acted within their power (as per that section) to appoint Jennifer Christiansen, who has retained that seat since.  But then, Christiansen (again by section 5.2) was required to have the people decide on her future at that position at the next regular election, which occurred in 2010:  "Elective officers so appointed shall serve until the next regular election, at which time an election shall be held to fill the remaining period of the term of office."

When Councilor Scott moved to GR in early 2011 and vacated his seat, the city had their personnel committee fill his Third Ward spot with Les Johnson in April 2011.  However, the Treasurer's office also had had a vacancy without subsequent democratic election, therefore, multiple vacancies existed at the time Scott left, ergo a special election should have been commenced for both positions in 2011.  Read more about this here.

2)  Michael Krauch appointed to City Council in 2013:  Fourth Ward Councilor Wanda Marrison was re-elected unopposed in November 2013, but decided to retire for family matters in August 2014, roughly eight months into her five year term (the 'extended' term created when the council along with Ms. Marrison decided to move odd-election years to evens for city elections in 2014).  The City effectively accepted her resignation and went to the task of finding her replacement with a special meeting of the full council on September 17, 2014. 

The council picked Krauch over his competitor, Jess Stubbs, in a close election among councilors at the next meeting, yet that choice needn't have ever been made.  Good old section 5.2 once again has the answer:  "No vacancy need be filled if it occurs within sixty (60) days preceding a City election."  While arguably, Ms. Marrison's resignation occurred more than 60 days before that November's election, there was clearly a vacancy of that office in that 60 day period-- before the councilors chose their champion. 

The city has argued that November 2012 was not a city election, and that's true it was just a regular election.  However, the same section:  ""Elective officers so appointed shall serve until the next regular election, at which time an election shall be held to fill the remaining period of the term of office."

All that would have been required was to get the few hundred Fourth Ward ballots amended with those who expressed an interest and got the required signatures.  The next city election in 2016 will now have five councilors of seven up for reelection, because of the City's unwillingness to follow the charter's clear directives.  Read more about this here.

3)  Wresting Away Democracy Via Charter Amendments:  On the same date the councilors voted to appoint Krauch as Third Ward Councilor, they also introduced seven proposed charter amendments that they hoped to sell to the people.  The most flagrant change, making the city clerk and treasurer appointed positions, fell flat at that meeting, with many citizens voicing dissent at having their democratic process tampered with. 

But the rest of the proposed amendments were stifling for the people as well, and written primarily to benefit the power of the city manager, and to a lesser extent, the city council.  Read them all here, along with analysis.  And that leads us to:

Seated, from left: Connie Duncil, second ward; Mayor Richard Maki; Mayor Pro Tem Jim Schiebner; Amy Williams, city manager. In back, from left: David Johnson, at-large; Edward Hahn, first ward; Bonnie Pfefferle, at-large; Marcy Spencer, second ward.

4)  Scottville Sitting Commissioners Appoint Two Vacant Seats on Their Commission:  Sadly, Scottville Commissioner Bonnie Pfefferle passed away on March 24 this year.  It was then learned that Mayor Pro-Tem Jim Schiebner needed to relocate from Scottville, and resigned, so Scottville had two vacancies to fill just three months into their terms. 

Ludington rules would call for a special election in this case, although it is unlikely they would do so and create a special legal interpretation of the charter.  But Scottville rules are different in their charter.

The Scottville Charter, section 6.6 says roughly the same thing as Ludington's but specifies 'city' regular election and states clearly that special elections need not be held unless the commission does not fill a vacant seat within thirty days or if four or more vacancies occur at the same time. 

Technically, the City of Scottville has not broken any of the written rules, unlike Ludington, after picking their two replacements on April 20.  However, it is unfortunate that the City of Scottville leaders have not considered making these seats open to vote at either of the next two elections to be held in the city.  There will be elections on May 5th of this year as concerns the Sales Tax Proposal One, and August 2nd, for the West Shore Community College Sinking Fund vote. 

The polling precincts in the Mason County area will need to be manned for both elections, how much more difficult would it be to conduct an election so that there is at least a modicum of democracy, even if the candidates run unopposed? 

People running for election have to at least talk to the people and mirror the people's attitudes rather than curry the favor of inside players.  Do you think the commissioners would choose someone they think may vote against the established grain?  I, for one, am uneasy when the sitting councilors are very comfortable with their decisions on replacing vacancies.

[Willy]

I agree. There seems to be a pervasive attitude not only in Ludington but also in many places around the State and Country and of course in D.C. in which ignoring the  Democratic process is acceptable. There may have been some difficulties that might have arose regarding holding elections but that should not be a reason for elected officials to snub their noses at the ordinances and laws we all must follow.