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HomeMy WebLinkAboutMinutes - 2022.01.06 - 35144 MINUTES OF THE BOARD OF COUNTY ELECTION COMMISSIONERS CALL TO ORDER: The Board of County Election Commissioners meeting was called to order by the Honorable Linda S. Hallmark on January 6, 2022 at 11:05 a.m. in the Oakland County Elections Division, Board of Canvassers/Training Room, 1st floor, West Wing Extension, 1200 N. Telegraph Rd., Pontiac, MI 48341. ROLL CALL: MEMBERS PRESENT: Hallmark, Brown, Wittenberg. (3) ABSENT: None. (0) OTHERS PRESENT: Joseph J. Rozell, Director of Elections; Heather Kadulski, Election Specialist; and Brandon Buck, Corporation Counsel. APPROVAL OF AGENDA: Moved by BROWN seconded by WITTENBERG to approve the agenda. Motion carried. APPROVAL OF MINUTES: Moved by WITTENBERG seconded by BROWN to approve the minutes of the December 13, 2021 Board of County Election Commissioners Meeting. Motion carried. NEW BUSINESS: Judge Hallmark advised that proper notice had been given for today’s meeting for the recall of Donna Squalls, Supervisor, Charter Township of Royal Oak and Gwendolyn Turner, Clerk, Charter Township of Royal Oak. She also advised that the purpose of today’s meeting according to MCL 168.952 of Michigan Election Law, is that the Commission shall meet and determine whether each reason for the recall stated in the petitions is of factual and sufficient clarity to enable the officer(s) whose recall is being sought and the electors to identify the course of conduct which is the basis of the recall. A. RECALL OF DONNA SQUALLS DONNA SQUALLS, PETITION #1 “On October 30, 2021, Supervisor Squalls approved a resolution No. 21-025 for the intent to provide fire protection in the Township and to authorize and direct the preparation of plans and estimates of providing the fire protection and the creation of a special assessment district to defray the cost and expenses.” Judge Hallmark asked if there was anyone present who wished to come forward to speak as a proponent of the petition. Andrew Patterson and Felicia Royal spoke as proponents of the petition. Judge Hallmark asked if there was anyone present who wished to come forward to speak in opposition to the petition. No one spoke in opposition of the petition. Discussion followed. Page Two January 6, 2022 Oakland County Election Commission Meeting Moved by BROWN seconded by HALLMARK that the petition submitted by Felicia Royal for Donna Squalls, Supervisor, Charter Township of Royal Oak be disapproved. VOTE ON DONNA SQUALLS, PETITION #1: AYES: BROWN, HALLMARK, WITTENBERG. (3) NAYS: NONE. (0) The petition was DISAPPROVED. DONNA SQUALLS, PETITION #2 “On November 15, 2021 Supervisor, Donna Squalls failed in her statutory duties by attending and moderating a special meeting that had not been posted with the date, time and location of the meeting at least 18 hours prior to the meeting.” Judge Hallmark asked if there was anyone present who wished to come forward to speak as a proponent of the petition. Andrew Patterson spoke as a proponent of the petition. Judge Hallmark asked if there was anyone present who wished to come forward to speak in opposition to the petition. No one spoke in opposition to the petition. Discussion followed. Moved by HALLMARK seconded by WITTENBERG that the petition submitted by Felicia Royal for Donna Squalls, Supervisor, Charter Township of Royal Oak be disapproved. VOTE ON DONNA SQUALLS, PETITION #2: AYES: HALLMARK, WITTENBERG, BROWN. (3) NAYS: NONE. (0) The petition was DISAPPROVED. DONNA SQUALLS, PETITION #3 “On December 28, 2020, Supervisor Donna Squalls requested and voted to increase her salary by 25 percent.” Judge Hallmark asked if there was anyone present who wished to come forward to speak as a proponent of the petition. Andrew Patterson spoke as a proponent of the petition. Judge Hallmark asked if there was anyone present who wished to come forward to speak in opposition to the petition. No one spoke in opposition to the petition. Discussion followed. Moved by WITTENBERG seconded by BROWN that the petition submitted by Felicia Royal for Donna Squalls, Supervisor, Charter Township of Royal Oak be disapproved. VOTE ON DONNA SQUALLS, PETITION #3: AYES: WITTENBERG, BROWN. (2) NAYS: HALLMARK. (1) Page Three January 6, 2022 Oakland County Election Commission Meeting The petition was DISAPPROVED. DONNA SQUALLS, PETITION #4 “Supervisor Donna Squalls authorized attorney’s Steinhardt, Pesick and Cohen to provide legal services on behalf of the Charter Township of Royal Oak without Township Board approval.” Judge Hallmark asked if there was anyone present who wished to come forward to speak as a proponent of the petition. Andrew Patterson spoke as a proponent of the petition. Judge Hallmark asked if there was anyone present who wished to come forward to speak in opposition to the petition. No one spoke in opposition to the petition. Discussion followed. Moved by HALLMARK seconded by BROWN that the petition submitted by Felicia Royal for Donna Squalls, Supervisor, Charter Township of Royal Oak be disapproved. VOTE ON DONNA SQUALLS, PETITION #4: AYES: HALLMARK, BROWN, WITTENBERG. (3) NAYS: NONE. (0) The petition was DISAPPROVED. DONNA SQUALLS, PETITION #5 “On December 9, 2021, Supervisor Donna Squalls voted not to refund each taxpayer the “Surplus” Special Assessment property taxes collected for the Fire, Police, Garbage Disposal, Street Lighting, Recreation, Water Infrastructure and the New Building tax levies according to MCL 41.732.” Judge Hallmark asked if there was anyone present who wished to come forward to speak as a proponent of the petition. Andrew Patterson spoke as a proponent of the petition. Judge Hallmark asked if there was anyone present who wished to come forward to speak in opposition to the petition. No one spoke in opposition to the petition. Discussion followed. Moved by BROWN seconded by HALLMARK that the petition submitted by Felicia Royal for Donna Squalls, Supervisor, Charter Township of Royal Oak be disapproved. VOTE ON DONNA SQUALLS, PETITION #5: AYES: BROWN, HALLMARK, WITTENBERG. (3) NAYS: NONE. (0) The petition was DISAPPROVED. Page Four January 6, 2022 Oakland County Election Commission Meeting DONNA SQUALLS, PETITION #6 “On November 10, 2021, Supervisor Donna Squalls, voted to keep the Royal Oak Township Recreation Center open with the presence of “Black Mold” in the Building.” Judge Hallmark asked if there was anyone present who wished to come forward to speak as a proponent of the petition. Andrew Patterson and Felicia Royal spoke as proponents of the petition. Judge Hallmark asked if there was anyone present who wished to come forward to speak in opposition to the petition. No one spoke in opposition to the petition. Discussion followed. Moved by HALLMARK seconded by WITTENBERG that the petition submitted by Felicia Royal for Donna Squalls, Supervisor, Charter Township of Royal Oak be disapproved. VOTE ON DONNA SQUALLS, PETITION #6: AYES: HALLMARK, WITTENBERG, BROWN. (3) NAYS: NONE. (0) The petition was DISAPPROVED. B. RECALL OF GWENDOLYN TURNER GWENDOLYN TURNER, PETITION #1 “On December 9, 2021, Clerk Turner voted to not refund each taxpayer the “Surplus” Special Assessment property taxes collected for the Fire, Police, Garbage Disposal, Street Lighting, Recreation, Water Infrastructure and the New Building tax levies according to MCL 41.732.” Judge Hallmark asked if there was anyone present who wished to come forward to speak as a proponent of the petition. Andrew Patterson spoke as a proponent of the petition. Judge Hallmark asked if there was anyone present who wished to come forward to speak in opposition to the petition. No one spoke in opposition to the petition. Discussion followed. Moved by BROWN seconded by WITTENBERG that the petition submitted by Felicia Royal for Gwendolyn Turner, Clerk, Charter Township of Royal Oak be disapproved. VOTE ON GWENDOLYN TURNER, PETITION #1: AYES: BROWN, WITTENBERG, HALLMARK. (3) NAYS: NONE. (0) The petition was DISAPPROVED. Page Five January 6, 2022 Oakland County Election Commission Meeting GWENDOLYN TURNER, PETITION #2 “On November 15, 2021 Clerk Turner failed in her statutory duties, by attending and voting at a special meeting that had not been posted with the date, time and location of the meeting at least 18 hours prior to the meeting.” Judge Hallmark asked if there was anyone present who wished to come forward to speak as a proponent of the petition. Andrew Patterson spoke as a proponent of the petition. Judge Hallmark asked if there was anyone present who wished to come forward to speak in opposition to the petition. No one spoke in opposition to the petition. Discussion followed. Moved by HALLMARK seconded by BROWN that the petition submitted by Felicia Royal for Gwendolyn Turner, Clerk, Charter Township of Royal Oak be disapproved. VOTE ON GWENDOLYN TURNER, PETITION #2: AYES: HALLMARK, BROWN, WITTENBERG. (3) NAYS: NONE. (0) The petition was DISAPPROVED. GWENDOLYN TURNER, PETITION #3 “Clerk Turner failed in her statutory duties by not mailing a notice of public hearing in Special Assessment proceedings to each record owner of, or party in interest in, the properties to be included in the district, at least 10 days before the November 15, 2021 hearing date.” Judge Hallmark asked if there was anyone present who wished to come forward to speak as a proponent of the petition. Andrew Patterson spoke as a proponent of the petition. Judge Hallmark asked if there was anyone present who wished to come forward to speak in opposition to the petition. No one spoke in opposition to the petition. Discussion followed. Moved by BROWN seconded by HALLMARK that the petition submitted by Felicia Royal for Gwendolyn Turner, Clerk, Charter Township of Royal Oak be disapproved. VOTE ON GWENDOLYN TURNER, PETITION #3: AYES: BROWN, HALLMARK, WITTENBERG. (3) NAYS: NONE. (0) The petition was DISAPPROVED. Page Six January 6, 2022 Oakland County Election Commission Meeting GWENDOLYN TURNER, PETITION #4 “On November 10, 2021, voted to keep the Royal Oak Township Recreation Center open with the presence of “Black Mold” in the building.” Judge Hallmark asked if there was anyone present who wished to come forward to speak as a proponent of the petition. Andrew Patterson spoke as a proponent of the petition. Judge Hallmark asked if there was anyone present who wished to come forward to speak in opposition to the petition. No one spoke in opposition to the petition. Discussion followed. Moved by WITTENBERG seconded by HALLMARK that the petition submitted by Felicia Royal for Gwendolyn Turner, Clerk, Charter Township of Royal Oak be disapproved. VOTE ON GWENDOLYN TURNER, PETITION #4: AYES: WITTENBERG, HALLMARK, BROWN. (3) NAYS: NONE. (0) The petition was DISAPPROVED. GWENDOLYN TURNER, PETITION #5 “On December 28, 2020, Clerk Turner requested and voted to increase her salary.” Judge Hallmark asked if there was anyone present who wished to come forward to speak as a proponent of the petition. Andrew Patterson spoke as a proponent of the petition. Judge Hallmark asked if there was anyone present who wished to come forward to speak in opposition to the petition. No one spoke in opposition to the petition. Discussion followed. Moved by HALLMARK seconded by WITTENBERG that the petition submitted by Felicia Royal for Gwendolyn Turner, Clerk, Charter Township of Royal Oak be disapproved. VOTE ON GWENDOLYN TURNER, PETITION #5: AYES: HALLMARK, WITTENBERG, BROWN. (3) NAYS: NONE. (0) The petition was DISAPPROVED. PUBLIC COMMENT: Kymtara Stewart and Andrew Patterson addressed the board during public comment. Page Seven January 6, 2022 Oakland County Election Commission Meeting Moved by HALLMARK seconded by BROWN that the meeting be adjourned. Motion carried. Judge Hallmark adjourned the meeting at 11:47 a.m. Lisa Brown Clerk/Register of Deeds and Secretary to the Board of County Election Commissioners