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HomeMy WebLinkAboutMinutes - 2022.07.06 - 37526 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 July 6, 2022 at 10:07 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, Elections Specialist; and David Asmar, Corporation Counsel. APPROVAL OF AGENDA: Moved by BROWN seconded by WITTENBERG to approve the agenda. Motion carried. APPROVAL OF MINUTES: Moved by HALLMARK seconded by WITTENBERG to approve the minutes of the June 27, 2022 Board of County Election Commissioners Meeting. Motion carried. NEW BUSINESS: A. APPROVAL OF ELECTION INSPECTORS. Moved by BROWN seconded by HALLMARK to approve list of inspectors provided and designates Joseph J. Rozell, Director of Elections to make additional appointments as necessary. VOTE ON ADDITIONAL APPOINTMENTS: AYES: BROWN, HALLMARK, WITTENBERG. (3) NAYS: NONE. (0) The appointments were APPROVED. B. CONDUCT OF PUBLIC ACCURACY TEST. Moved by HALLMARK seconded by BROWN to appoint Joseph J. Rozell, Director of Elections as committee designee to conduct the Public Accuracy Test on July 25, 2022 at 9:00 a.m. in accordance with State law. Page Two July 6, 2022 Board of County Election Commissioners Meeting VOTE ON PUBLIC ACCURACY TEST: AYES: HALLMARK, BROWN, WITTENBERG. (3) NAYS: NONE. (0) The committee designee and conduct of the Public Accuracy Test were APPROVED. C. DESIGNATE LOCATION AND START TIME OF COUNTY ABSENT VOTER COUNTING BOARDS. Moved by WITTENBERG seconded by BROWN to designate: AVCB 1: Oakland Schools Conference Center, 2111 Pontiac Lake Rd., Waterford, MI 48328 as a location to process absentee ballots. Processing is authorized to begin at 7:00 a.m. on Election Day. AVCB 2: L. Brooks Patterson Executive Office Building, 2100 Pontiac Lake Rd., Waterford, MI 48328 as a location to process absentee ballots. Processing is authorized to begin at 7:00 a.m. on Election Day. AVCB 3: Oakland County Elections Division, Board of Canvassers/Training Room, 1st floor, West Wing Extension, 1200 N. Telegraph Rd., Pontiac, MI 48341 as a location to process absentee ballots. Processing is authorized to begin at 7:00 a.m. on Election Day. VOTE ON LOCATION AND START TIME: AYES: WITTENBERG, BROWN, HALLMARK. (3) NAYS: NONE. (0) The location and start time were APPROVED. D. RECALL LANGUAGE Judge Hallmark advised that proper notice had been given for today’s meeting for the recall of Dianne Scheib-Snider, Supervisor, Township of Rose and Paul Gambka, Treasurer, Township of Rose. 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 petition is factual and of 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. I. RECALL OF DIANNE SCHEIB-SNIDER DIANNE SCHEIB-SNIDER, PETITION #1 “Dianne Scheib-Snider deceptively attempted to gain access to the CLEMIS Incident Notification System by making false statements that she was a Paramedic and a Firefighter. The CLEMIS Incident Notification System contains sensitive and personal information about residents medical history, law enforcement information, home security codes and is only distributed to First Responders. Her false statements and claims violate MCL 750 Section 217 Subsection 1: Unlawful Representation as a Firefighter or Emergency Medical Service Personnel.” Page Three July 6, 2022 Board of County Election Commissioners Meeting Judge Hallmark asked if there was anyone present who wished to come forward to speak as a proponent of the petition. No one 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. Dan Wholihan spoke as an opponent of the petition. Moved by WITTENBERG seconded by HALLMARK that the petition submitted by Julius Stern for Dianne Scheib-Snider, Supervisor, Township of Rose be disapproved. VOTE ON DIANNE SCHEIB-SNIDER, PETITION #1: AYES: WITTENBERG, HALLMARK, BROWN. (3) NAYS: NONE. (0) The petition was DISAPPROVED. DIANNE SCHEIB-SNIDER, PETITION #2 “Dianne Scheib-Snider voted to censure Karin Winchester, Holly Twp, Clerk, a member of the North Oakland County Fire Authority, for opening a letter addressed to the board. Snider’s vote was based on information she knew was false. No investigation by US Postal Inspection, the FBI, or The US Attorney’s Office for the Eastern District of Michigan ever occurred. On 10/19/21 the NOCFA board discussed the censure again and she had opportunity to rescind the baseless defaming censure and did not, a violation of public trust, abuse of power and process.” Judge Hallmark asked if there was anyone present who wished to come forward to speak as a proponent of the petition. No one 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. Dan Wholihan spoke as an opponent of the petition. Moved by BROWN seconded by WITTENBERG that the petition submitted by Julius Stern for Dianne Scheib-Snider, Supervisor, Township of Rose be disapproved. VOTE ON DIANNE SCHEIB-SNIDER, PETITION #2: AYES: BROWN, WITTENBERG, HALLMARK. (3) NAYS: NONE. (0) The petition was DISAPPROVED. DIANNE SCHEIB-SNIDER, PETITION #3 “Dianne Scheib-Snider often creates multiple procurements to the same vendor, to keep the contract value under the threshold for approval by the board and requirement to request bids. She also solely executes contracts above her threshold and Paul Gambka provides a second after the fact signature.” Judge Hallmark asked if there was anyone present who wished to come forward to speak as a proponent of the petition. No one spoke as a proponent of the petition. Page Four July 6, 2022 Board of County Election Commissioners Meeting Judge Hallmark asked if there was anyone present who wished to come forward to speak in opposition to the petition. Dan Wholihan spoke as an opponent of the petition. Moved by WITTENBERG seconded by HALLMARK that the petition submitted by Julius Stern for Dianne Scheib-Snider, Supervisor, Township of Rose be disapproved. VOTE ON DIANNE SCHEIB-SNIDER, PETITION #3: AYES: WITTENBERG, HALLMARK, BROWN. (3) NAYS: NONE. (0) The petition was DISAPPROVED. DIANNE SCHEIB-SNIDER, PETITION #4 “Supervisor Dianne Scheib-Snider compromised the safety of the citizens of Rose and Holly Townships by approving the North Oakland Fire Authority Budget. Then returned to the Rose Twp. Board where all but one board member voted not to approve the Rose Township contribution.” Judge Hallmark asked if there was anyone present who wished to come forward to speak as a proponent of the petition. No one 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. Dan Wholihan spoke as an opponent of the petition. Moved by BROWN seconded by HALLMARK that the petition submitted by Julius Stern for Dianne Scheib-Snider, Supervisor, Township of Rose be disapproved. VOTE ON DIANNE SCHEIB-SNIDER, PETITION #4: AYES: BROWN, HALLMARK, WITTENBERG. (3) NAYS: NONE. (0) The petition was DISAPPROVED. DIANNE SCHEIB-SNIDER, PETITION #5 “Supervisor Dianne Scheib-Snider allows most township work to go to the same vendor, by-passing the bid process and keeping the contract value under the threshold for approval by the Board. Once work starts extras are added and anything above her threshold is provided by Paul Gambka as a second signature.” Judge Hallmark asked if there was anyone present who wished to come forward to speak as a proponent of the petition. No one 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. Dan Wholihan spoke as an opponent of the petition. Page Five July 6, 2022 Board of County Election Commissioners Meeting Moved by HALLMARK seconded by WITTENBERG that the petition submitted by Julius Stern for Dianne Scheib-Snider, Supervisor, Township of Rose be disapproved. VOTE ON DIANNE SCHEIB-SNIDER, PETITION #5: AYES: HALLMARK, WITTENBERG, BROWN. (3) NAYS: NONE. (0) The petition was DISAPPROVED. DIANNE SCHEIB-SNIDER, PETITION #6 “Supervisor Dianne Scheib-Snider, member of the North Oakland County Fire Authority, Rose Township, voted to Censure Holly Township Clerk and NOCFA Board member Karin Winchester, knowing that the information was false and defamed Karin Winchester. She refused to remove the Censure on October 19, 2021, at the NOCFA Board meeting. This is a violation of public trust and constitutes an abuse of power.” Judge Hallmark asked if there was anyone present who wished to come forward to speak as a proponent of the petition. No one 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. Dan Wholihan spoke as an opponent of the petition. Moved by HALLMARK seconded by BROWN that the petition submitted by Julius Stern for Dianne Scheib-Snider, Supervisor, Township of Rose be disapproved. VOTE ON DIANNE SCHEIB-SNIDER, PETITION #6: AYES: HALLMARK, BROWN, WITTENBERG. (3) NAYS: NONE. (0) The petition was DISAPPROVED. DIANNE SCHEIB-SNIDER, PETITION #7 “Dianne Scheib-Snider suppresses information and intimidates residents. She has attempted to compromise public safety by approval of the North Oakland County Fire Authority budget and voted no funding from Rose Township. She has falsely accused a NOCFA board member of a Federal Crime and censured her from voting. She has made excessive unprecedented use of legal counsel, even paying counsel John Mulvihill to proof read monthly board agenda and minutes. Numerous violations of the Open Meeting Act, using one word ambiguous descriptions of agenda items and using secret meetings against OMA restrictions. Also a unilateral attempt to fire the Fire Chief without cause.” Judge Hallmark asked if there was anyone present who wished to come forward to speak as a proponent of the petition. No one 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. Dan Wholihan spoke as an opponent of the petition. Page Six July 6, 2022 Board of County Election Commissioners Meeting Moved by BROWN seconded by WITTENBERG that the petition submitted by Julius Stern for Dianne Scheib-Snider, Supervisor, Township of Rose be disapproved. VOTE ON DIANNE SCHEIB-SNIDER, PETITION #7: AYES: BROWN, WITTENBERG, HALLMARK. (3) NAYS: NONE. (0) The petition was DISAPPROVED. II. RECALL OF PAUL GAMBKA PAUL GAMBKA, PETITION #1 “Paul Gambka voted to censure Karin Winchester, Holly Twp. Clerk, member of The North Oakland County Fire Authority, for doing her job as an elected official opening a letter. No criminal investigation was pending. His vote was based on information he knew was false. Again on 10/19/21 he had the opportunity to rescind the baseless mistake, defaming Winchester, he voted no, saying it doesn’t matter if it’s legal or not, it didn’t feel right. In the Tri-County Times, he said “I would have sealed it (the letter), I would have kept my mouth shut about it” a violation of public trust, abuse of power and process.” Judge Hallmark asked if there was anyone present who wished to come forward to speak as a proponent of the petition. No one 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. Dan Wholihan spoke as an opponent of the petition. Moved by HALLMARK seconded by WITTENBERG that the petition submitted by Julius Stern for Paul Gambka, Treasurer, Township of Rose be disapproved. VOTE ON PAUL GAMBKA, PETITION #1: AYES: HALLMARK, WITTENBERG, BROWN. (3) NAYS: NONE. (0) The petition was DISAPPROVED. PAUL GAMBKA, PETITION #2 “Treasurer Paul Gambka, member of the North Oakland County Fire Authority, Rose Township, voted to Censure Holly Township Clerk and NOCFA Board member, Karin Winchester, knowing that the information was false and defamed Karin Winchester. He refused to remove the Censure on October 19, 2021, at the NOCFA Board meeting. This is a violation of public trust and constitutes an abuse of power.” Judge Hallmark asked if there was anyone present who wished to come forward to speak as a proponent of the petition. No one 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. Dan Wholihan spoke as an opponent of the petition. Page Seven July 6, 2022 Board of County Election Commissioners Meeting Moved by WITTENBERG seconded by BROWN that the petition submitted by Julius Stern for Paul Gambka, Treasurer, Township of Rose be disapproved. VOTE ON PAUL GAMBKA, PETITION #2: AYES: WITTENBERG, BROWN, HALLMARK. (3) NAYS: NONE. (0) The petition was DISAPPROVED. PUBLIC COMMENT: None. Moved by WITTENBERG seconded by BROWN that the meeting be adjourned. Motion carried. Judge Hallmark adjourned the meeting at 10:45 a.m. Lisa Brown Clerk/Register of Deeds and Secretary to the Board of County Election Commissioners