Scottville Mayor Recall Given the Brush Off, Needs Touch Up Work

[XLFD]

Scottville's Eric Thue would be weighed by a panel of public officials and would be found wanting.  That was back in the summer of 2021, when he heard a spot had opened up on the Scottville City Commission and applied.  After humbly presenting his modest traits, he gracefully accepted losing the commission's nod of approval that was given to established official Aaron Seiter.  When another spot opened later that year, he went back, undeterred by his earlier lack of success, and was selected, serving honorably.

At the beginning of summer in 2023, Thue (above) would once again be weighed by a panel of public officials and was once again found wanting.  A series of mostly unfortunate events would see him come before a panel made up of three notable county officials to review the language of a recall petition that he had submitted against one of the commissioners he had been appointed by and who he served with, Commissioner, and Mayor (at least in title), Marcy Spencer. 

Ironically, both Thue and Spencer found themselves out of their seat at the commissioner table at Scottville City Hall on the evening of November 14, 2022, Spencer finishing dead last in a field of four on the ballot, Thue making a respectable showing as a write-in candidate in the prior Tuesday's general election.  The city charter, section 4.3, states the prior term ends and the new one begins at 7:30 PM the second Monday of November.  Spencer's seat was taken by top vote-getter Kelli Pettit, Seiter retained his partial term seat, the partial term seat Thue was serving went unfilled after the election, thus becoming vacant by charter section 6.2(b).  Commissioner Rob Alway would make a very public resignation letter saying he would not serve his second term on November 10, he would not rescind it before that term began, making that seat vacant too.

The two regular November meetings would lack quorums, with Pettit showing up with Commissioners Ryan Graham and Nathan Yeomans both times.  Very credible sources have overheard city leaders bragging about orchestrating these obstructions to the people's business by intentionally denying these commissioners the clear majority they had at the time and other credible sources indicate Machiavellian machinations were taking place in the background to reestablish the power structure that Alway had given up as being lost, in his letter.  

In operations that could not happen without unethical conduct by City Manager Jimmy Newkirk and City Attorney Mark Nettleton, citizen Alway would fill the vacancy he made by effectively saying he un-resigned at the December 12, 2022 meeting.  This is not allowed by city charter or state law.  With stooges Darcy Copenhaver and Seiter called in for support, they declared Thue's old seat vacant and planned to advertise for and fill it at the meeting on the 27th.  The powerbrokers planned to put Spencer back in, they may have tried to muscle it through on December 12th but they didn't have the votes, three councilors stood in the way.

On December 15th, the city commission lost the ability to fill Thue's vacancy by appointment, charter section 6.6 saying that after a vacancy is 30 days old, it must be filled by a special election.  We called this out on the night of December 27th, and in an open letter to the city manager two days earlier.  The City of Scottville claims that the commission has the power to declare a vacancy, and this is not in dispute; but they do not have any power to change the point of time that the vacancy actually happened and the 30 day calendar activated by it.

This is but some of the reasons why we see Eric Thue not in the paint-stained coveralls he normally wears at 2 PM on Tuesday when doing his job, but in a dapper business suit waiting to begin a project at the local courthouse that he at first seems ill-equipped for.  Alone on the desk reserved for prosecutors and plaintiffs, he has his petition, supporting documents, and notes in front of him.  He also has an olive-colored book in front of him, looking worn and well-used just like his wife's Bible that graced the dashboard of the vehicle he came to court in, indicating that it was the compilation of the Scottville City Charter.  

Thue, like Commissioners Yeomans, Graham, Pettit, and Evans (who have all resigned in the few months since Spencer claimed her illicit spot on the commission), puts his faith in the contents of that book and has the belief that city officials should religiously follow the duties and restrictions therein, just like he did.  When he took his own oath back in 2021, he swore to defend the Constitutions of the nation and the state where a section of the latter allows the electors (citizens) of a city to create a charter of laws applicable to them and their officials.  He took it seriously, some do not.

When city officials fail to follow those laws in the charter, in violation of their oath, the electors can exert their recall power to try and set things right again.  Thue strongly feels that the current power structure is acting unprincipled and against the charter; this is shown in the recall petition he has put before the election commission in order for them to review the language he used to determine whether it was appropriate for the ballot: 

"Marcy Spencer willfully violated the Scottville city charter — first by accepting an unlawful appointment to fill a vacancy in the city commission; second by later accepting unlawful appointments to mayor; third by violating the charter’s commission meeting procedures (regarding) hearings of the citizens, disenfranchising the public.”

Judge Jeffrey Nellis read those three clauses at the top of the meeting after explaining that he and his two peers, County Treasurer Andrew Kmetz and County Clerk were there to gauge whether the language was clear and factual, explaining that opinion, ambiguity, and subjectivity in any part of the petition meant that it must be rejected.

Marcy Spencer (above) sat with an attorney she retained for the event, former Scottville City Attorney Carlos Alvarado of the law firm sporting his name.  Ironically, his firm has also been retained by PM Townships' Jerry and Karie Bleau in order to explore slander claims made against them in their official capacities as supervisor and treasurer of the township.  They will both face recall elections this fall, but neither hired counsel for their clarity hearings.

Having Alvarado representing her would likely take the greater part of $1000, so one may want to review the City's bills paid a bit closer in the near future; however, having a lawyer at least provided her the ability to better dodge embarrassing questions that might come up.  Alvarado put forth a legal theory that the words "willfully" and "lawfully" were opinions about actions rather than facts.  They are adverbs, meaning "in a willful/lawful manner"-- the argument didn't carry weight in the panel's eventual decision.  

What did weigh in on this day was the concept of timeliness.  Thue was handicapped in his efforts by being unable to use recall language that incorporated actions by Spencer that came before her unlawful installation on 12-27-2022.  Nellis and Kmetz both were caught up on whether Spencer was serving her term (as required by recall statute) when she accepted the position.  County Clerk Cheryl Kelly, well versed in election law, did not see that as a dealbreaker, presumably believing that Spencer did not accept the appointment officially until she took the oath.

The three agreed that the "mayor appointment" clause in the petition was timely and found nothing otherwise wrong with the language.  

There was debate over the third clause when Alvarado noted that he was serving as the city attorney in 2021 when Spencer moved the comment period to the end of the meeting.  Thue missed the opportunity to ask why the esteemed lawyer advised the city back in 2021 that it was okay to change the charter by hiding a resolution in a consent agenda, when only the electors can amend the charter, but he wasn't involved with Scottville realpolitics at that point. 

Alvarado would also note that the public comment period was moved back to the proper spot this year after Spencer was mayor.  He failed to mention it wasn't done until March.  It's unknown whether the Election Commision took Thue's assertion that the procedure was still taking place after 12-27-2022 into their eventual consideration.  

Thue did bring many of the points home in his presentation of charter provisions and statute in his opportunity to state his case.  It wasn't a well-polished or well-choreographed presentation, but it was earnest and elicited this later admission from Kelly: “She’s been a commissioner-at-large for 10 years, so she’s versed in what the rules and regulations are.  She should know the charter.”

At the end of discussion, they came down to a vote to accept the petition.  Kelly would wind up taking a long pause before voting 'yes' on the petition.  Nellis and Kmetz, took less long to vote "no", the petition was denied, presumably because accepting her appointment (lawful or not) occurred before her 'term' started.  The petition language was denied.

Many people in Thue's position at that point would be frustrated, perhaps angered, and consider giving the effort up even when they know there are many silent observers pulling for him and for a full-bore cleaning of a city hall that continues to devolve as the remaining good officials run away from a deeply corrupted vessel led by an illegitimate captain. 

Eric Thue would have none of that.  He would broadcast to the charter-thrashers after the hearing was adjourned that he would be back with more petitions, and sure enough, even before the dust cleared, he was down in the county clerk's office getting a half dozen more petition forms, vowing to be back in a very short while.  

The fight he is spearheading is the fight for the rule of law and order in Scottville, a city facing many challenges without all the palace intrigue thrown in.  If two city commissioners, one a mayor, cannot step down when they have no legitimate claim to their office, when they can bend any and many sections of the people's crafted charter to suit themselves, the city has devolved into chaos.  It should be no surprise that they are coming after more money from the citizens by raising taxes (illegitimately, at that) at the last meeting and engaging in other acts that will do more harm to Scottville than heal it.  

Thue's fight is the fight for principal, one of the commodities that most of Scottville's electors have, if they can wake up and see what's happening by profiteers and charlatans at city hall lining their pockets at the good people's expense.  When Eric Thue comes back to the courthouse for his next clarity hearing, everyone who cares about the town and cares about the integrity of their government should show up-- and so should Marcy Spencer.  

[Willy]

This is what I never understood about recalls. If the person being recalled willfully violated the law then what does it matter how exact the wording on the petitions is. As long as it can be proven there was illegal activity going on a petition should be upheld. I think that is a fatal flaw in recalls. If the panel deciding  is sympathetic to the person being recalled they can rule against any petition no matter how legitimate it might be. Very good analysis X.

[XLFD]

I agree with you somewhat, but I do think the clarity hearings do have legitimate purposes.  It allows for the recall-ee a chance to defend themselves and receive due process rights against being unfairly represented in the petitions.  It also has a tendency to dampen overly-frivolous recall efforts.  There can be politics at work in the background, but if it appears too obvious at these hearings, the county trio may pay politically for not doing things fairly or not recusing themselves.

Alvarado and the current Scottville city attorney (Mark Nettleton) still cannot publicly defend why Marcy Spencer has the office to begin with, and this makes it hard to discuss any recall when she isn't a legitimate office-holder in the first place-- but she can't use this defense as it would show she has knowingly violated the law and has impersonated a city official for half of a year.  

[Willy]

I get your point but this would be like a criminal court where the victims must present paperwork explaining why the criminal is guilty of a crime. That's up to Government officials.  The defendant still has a say but there is an extra burden added on to the victim. If it's clear that Spencer is in violation then the only thing that should be required is for the judge to uphold the law. Who is going to determine if she is or is not holding office legitimately? If she isn't legitimate then the court should throw her out on her keester. That's not the victims responsibility. This Spencer case is like a dog chasing it's tail. This video is like the logic used for this recall.

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