While circulating recall petitions in three wards of the city door-to-door, circulators are encountering a lot of folks that are hesitant to sign because they haven't heard anything about the recalls or the reasons behind the recalls. This is mostly a failure of local media (other than the Ludington Torch/Pitchfork) that has yet to acknowledge that three recall petitions on city councilors have been initiated, approved for language, and withstood challenge on appeal. Here are the facts behind this democratic movement so as to help you decide whether to be involved with it.
Q: How did these recalls start?
A: This started through general public disapproval of a cumulation of council actions in 2023 deemed irregular or unpopular, and inspired by successful recall petitions in PM Township that removed, by a recall election, two errant officials one year before their term ended. Four of the most egregious 2023 acts of three councilors subject to recall were fit on a recall petition by an informal group of citizens named GOLD151 (Grassroots Operation: Ludington Democracy, year 151). Three members of that group from the city's even-numbered wards submitted recall language to the county election commission in February and March and received unanimous approval for the language on their first efforts.
Q: The recall language was approved, what now?
A: Over the next couple months, our recall petition circulators will visit Ludington homes looking for enough voters registered in the wards to sign the recall petition. If enough valid signatures are verified by the county clerk, a recall election will be held on November 5, Election Day, featuring the incumbent, if they decide to run, and any other candidate(s) who registers after the signatures are validated. On ballots, it will just show up as another (likely) contested election and whoever gets the most votes wins.
Q: Who can run against the incumbent in the recall election?
A: Any registered voter in the ward, all they need to do is get a nominating petition and have two registered ward voters sign it. They would count as one, so it could be as easy as getting their spouse or neighbor to grant the second signature.
Q: Intriguing, but if I don't plan on running, why should I sign the recall petition?
A: Because it may be in your best interest. The recall petition has four clauses identifying four of your councilor's actions that may make you wonder why they did them, these cut across party lines which is why we have circulators with different party loyalties. These follow, explained in detail, including a couple of extra actions. If you want change, you can get it at the end of 2024 rather than wait until the next election cycle for these councilors in 2026.
Q: Why haven't I heard about any of these recalls in the Ludington Daily News, the Mason County Press, or WMOM?
A: You will have to ask them, because when about half of the city council is under the recall process started by three citizens, you think it would be newsworthy to our local news sources.
Q: What does the petition language say?
A: Other than the names of the councilors, 2nd Ward Councilor Kathy Winczewski, 4th Ward Councilor Cheri Stibitz, and 6th Ward Councilor John Bulger, the language is the same as all of the councilors under recall voted the same way:
"In 2023, (councilor name) voted to: 1) raise tax rates, taking nearly $300,000 extra from city property owners, 2) pay a state legislator's business for services months prior to the competitive bidding award for the contract, 3) provide commercial rehabilitation act relief for a playground (rejected by the county), 4) subsidize, with about $1M from the general fund, two enterprise funds."
Q: How can a councilor raise tax rates and get $300,000 extra?
A: In Michigan, the Headlee Amendments roll back tax rates of local governments when they are poised to have their growth of income from property tax rates exceed the rate of inflation, which was considerable in 2023. A series of votes by the city council allowed them to raise the rate back up to where it was before the Headlee rollback kicked in, raising nearly $300,000 more than what they would have collected. When challenged at two successive meetings to tell the public why they needed that money more than the taxpayers did, all officials ignored the question.
Q: What's the issue with the state legislator?
A: Current Representative Curt VanderWall is not allowed by the state constitution to contract with any of his local subdivisions for services with any company he owns if a conflict of interest results. Turf Care, owned by VanderWall, was already prepaid for services to be rendered in the summer of 2023 before the 2023 contract was considered and (surprise) given to his company over another company. This was a replay of 2020, when Councilors Winczewski and Stibitz approved Turf Care's bid after they had been prepaid for that year's services and was dramatically underbid by a competitor on all facets of the services.
Q: Each councilor actually approved commercial relief on a playground?
A: Yes, the Commercial Rehabilitation Act allows for tax relief when developers rehab commercial buildings for a new purpose other than what it was before. It does not allow the same for monkey bars and ballfields. The county was notified of this ridiculous misuse of the law and rejected potentially decades of tax relief for the GR developer last year.
Q: Aren't city-ran enterprise funds once established supposed to operate without subsidization?
A: That's the plan, but last year these councilors decided that two projects in the city marina and the Cartier Park Campground worth $1 million and $1.4 million were needed right now and spotted them around half the cost of each project from the general fund. These "enterprise funds" in name only regularly get infusions from outside government sources giving them a marked advantage over our private marinas and campgrounds, entities that actually pay taxes to those governments.
Q: You mentioned something about two other questionable councilor actions. What are those?
A: Each of the three councilors voted to not have the deer cull go forward as one of their first decisions of their term in January 2023. Whether you agree or disagree with that, they totally reversed themselves in October, when they all voted for the deer cull, being whipped into action by the new mayor who failed to publicly disclose that he wanted the cull to be partly on his property. The lack of conviction in this controversial topic was never explained, by either councilor, who sided with the mayor rather than the majority of their constituents.
This year, these three councilors all voted to allow concessionaires at the beach to sell alcoholic beverages, without addressing the issue that such sales would go against three subsections of the city code that prohibit such transactions. Like with the deer cull, these councilors showed an egregious lack of respect for the existing laws that regulate the use of Ludington's public parks.
Q: Okay, I'm willing to consider this. What can I do to help out?
A: If you're in an even numbered ward, sign the petition when our circulators arrive at your front door, or side door if that's better. Consider running, you only need two signatures once the petitions are approved and registration opens up. When the candidates are set, look at the one you think would represent you best, remembering the incumbents record.
Q: I live in Ludington, but neither of those wards, what can I do?
A: You can still circulate petitions if you want to help out that way or you can encourage your friends in the even wards to help us out. Otherwise, the four other councilor spots will be up for election in their normal cycle, incumbents Wally Cain (5th ward) and John Terzano (at-large) have voted along the lines of the three under the recall process. Jeanne Oakes (3rd ward) was chosen late last year and hasn't voted on any of the above issues other than the beach alcohol sales vote, where she was the sole vote against it. Ted May is not running for reelection.
Q: Am I right in understanding that all wards may have contested elections in 2024 and that there could be a whole new look of the city council next year?
A: Yes, provided we can get enough signatures in each even ward for the recall elections, and field quality candidates ready to represent the people, which we're confident we can find.
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I'd love to hand this information out when going door-to-door, but the method that has been working so far is leading with the tax hike in my patter and explain that signing it does not prevent you from voting for the incumbent, should he be the best candidate. Some have been worried it might be some sort of scam, so I usually have to show my voter roll list and let them know I already have their other personal information, we just need the signature to get an election going.
I had been giving out a sheet that had the four issues better explained and the two bonus ones too, but I kept finding a lot of people that would take the sheet and tell me that I should come back later or that they would telephone me when they have an opportunity to read it all. 80% of the time I was leaving without a signature, and I haven't been phoned yet and asked back, so I'm keeping those sheets hidden for now, only to be used after all else has failed and the door hasn't been slammed in my face,
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