| Author
|
Post |
 
|
|
untanglingwebs
El Supremo
|
State looking into campaign finance violation claims in Gaines Township recall
Print Eric Dresden | edresden@mlive.com By Eric Dresden | edresden@mlive.com
on May 22, 2014 at 6:00 AM, updated May 22, 2014 at 6:15 AM
GAINES, MI – The Michigan Bureau of Elections is investigating whether the clerk for the Village of Gaines violated the state's Campaign Finance Act by seeking recall signatures in the village office.
Since late March, Village Clerk Luanne Kondel said she has been asking residents who visited the village office if they wished to sign a recall petition against Gaines Township Supervisor Chuck Melki.
Township resident Sue Somers, a Melki supporter, complained to the state but Kondel said she is still waiting on official word from the Michigan Bureau of Elections.
Gisgie Gendreau, communications director for the Michigan Department of State, said Kondel will receive a letter from the state about the allegations soon. From there, Kondel will have 15 business days to respond.
Then, Somers will have 10 business days to file a rebuttal before a 60-day window for an investigation opens.
"As far as penalties, there's really no way to say at this time," Gendreau said in an email.
Kondel, whose position is appointed by the board, said she didn't think it was a violation but doesn't want to do anything to harm the recall petition.
"If it's wrong, it's wrong," she said. "It was my mistake. I'm not going to do anything to jeopardize the recall petition."
Kondel told MLive-The Flint Journal that she believes she received about five signatures from people coming into the office, although at least one came during her lunch hour. She couldn't recall how many came during her lunch hour and how many were taken in the office.
"When people come in, I ask if they want to sign it," she said after the May 15 meeting.
Melki said it's wrong to use public facilities to promote or deny an elector, adding he believes it's "Illegal ,immoral and unethical."
"It's a miscarriage of justice if they are using that facility for the solicitation either for or against my recall," he said.
Somers alleges that Kondel violated the Michigan Campaign Finance Act section 169.257, which says, in part, "A public body or a person acting for a public body shall not use or authorize the use of funds, personnel, office space ... or other public resources to make a contribution or provide volunteer personal services ..."
Somers, who recently returned a recall petition against Gaines Township Clerk Mike Dowler which could be on the November ballot, said several people told her that there was solicitation for signatures going on at the village office.
"It's a violation of the tax payers' money, abuse of the position and it shouldn't be going on," she said.
Although Somers openly supports Melki, she said she wants the recall to be done fairly and by the law.
"If they collect signatures ... then they have to do it legally," she said.
Genesee County Clerk John Gleason said he called the Michigan Bureau of Elections after finding out about the allegations. Gleason said he believes that even if Kondel did recall-related activities on her lunch hour soliciting in the office is "very unethical."
"She was sworn in as clerk ... to uphold the constitution of the United States and the State of Michigan," Gleason said. "She should do that."
With signatures being collected against Melki and signatures turned in and a recall could be on the November ballot against Dowler and Treasurer Diane Hyrman, Gleason called the continued arguing between sides a "family feud."
"I wish they would just do their job and quit using taxpayer money for political gain," he said.
During the May 15 meeting, the village councilman James Savage questioned the legality of what was going on and trustees said they would look into it, although nobody was designated to investigate the matter.
Village President Sam Stiff said he didn't know that Kondel was seeking signatures until several days before the May 15 meeting, but added the village of seek the help of the Michigan Municipal League on the matter.
"They've been helpful in the past," he said.
s |
|
|
Thu May 22, 2014 6:23 am |
|
|
untanglingwebs
El Supremo
|
Gaines Township supervisor asks for state police investigation of treasurer
Print Eric Dresden | edresden@mlive.com By Eric Dresden | edresden@mlive.com
on May 07, 2014 at 10:45 PM, updated May 07, 2014 at 10:46 PM
GAINES TWP, MI – Gaines Township Supervisor Chuck Melki is asking Michigan State Police to investigate an action by Treasurer Diane Hyrman, claiming he found that she sought a legal opinion without board consent in May 2013.
Melki, during a meeting on Wednesday, May 7, said he recently found a legal opinion sent to Hyrman last year.
"(I've found) a legal opinion from Ms. Hyrman that was done back in May of 2013 sent to an attorney in (Kalamazoo)," he said. "I don't know if anybody saw that legal opinion concerning the supervisor's role in the budgeting process."
Trustees Chuck Timmons and Lee Purdy said they hadn't seen that information, however Clerk Michael Dowler said he had seen the legal opinion, which Melki alleges cost $185.
"I don't think every opinion goes to all board members," Hyrman said.
Melki responded, saying he recalls a similar conversation among the board about legal opinions earlier this year.
"You told me several months ago, 'Chuck, if we get any legal opinions, I want them forwarded to everybody,'" he said to Hyrman.
Melkli said he found the check to the company while auditing the books and has sent it to authorities to be investigated.
"I think ... it's a violation of the law," he said. "I sent it to the Michigan State Police."
Melki said this violates Michigan Penal Code 750.490 about spending of for a public official, because the trustees are only authorized to spend up to $100.
Hyrman had no comment after the meeting.
However, one resident did express frustration with Melki, who has had officials within the township investigated before.
Resident John Hawkins asked Melki why there hasn't been any criminal convictions for all the investigations.
Melki told the crowd he has no control over what the Genesee County prosecutor does. |
|
|
|
Thu May 22, 2014 6:27 am |
|
|
untanglingwebs
El Supremo
|
Also on M-live was the notation that only two signatures are required on every check, the Clerks and the treasurer's. Gaines has an attorney and the legal opinion could have been done in-house. The fact that the Treasurer went out of the system for an opinion and the opinion was not disseminated among the council indicates deception to me.
M-live readers also allege other transgressions by this ndividual. |
|
|
|
Thu May 22, 2014 6:32 am |
|
|
untanglingwebs
El Supremo
|
Quote from original story:
"Genesee County Clerk John Gleason said he called the Michigan Bureau of Elections after finding out about the allegations. Gleason said he believes that even if Kondel did recall-related activities on her lunch hour soliciting in the office is "very unethical."
"She was sworn in as clerk ... to uphold the constitution of the United States and the State of Michigan," Gleason said. "She should do that."
With signatures being collected against Melki and signatures turned in and a recall could be on the November ballot against Dowler and Treasurer Diane Hyrman, Gleason called the continued arguing between sides a "family feud."
"I wish they would just do their job and quit using taxpayer money for political gain," he said. "
-----------------------------------------------------------------------------------
The recalls in Gaines seem to never stop. Interim Ombudsman Ramona Sain investigated similar allegations during the Stanley administration as well as soliciting of campaign donations for the mayor's Ball in City Hall.
Instead of an investigation, she got challenged about her office's ability to report after the document was leaked prior to it's official release.
Hopefully the state will begin to act on these violations because if they continue to go unchecked, they will only increase in frequency and intent. |
|
|
|
Thu May 22, 2014 6:40 am |
|
|
untanglingwebs
El Supremo
|
Gaines Township hit by recall fever with a dozen attempts to unseat ...
www.mlive.com/news/flint/index.ssf/2014/02/after_12_recall_attempts_since.html - 75k - Cached - Similar pages
Feb 14, 2014 ... GAINES TWP, MI – Recall fever has taken hold in Gaines Township. Since April 2012, nearly two-thirds of the 21 recall attempts in Genesee ...
Fourth attempt made to recall Gaines Township Supervisor Chuck ...
www.mlive.com/news/flint/index.ssf/2014/02/fourth_times_a_charm_language.html - 68k - Cached - Similar pages
Feb 24, 2014 ... GAINES TWP., MI – For the fourth time since November, recall language has been filed against Gaines Township Supervisor Chuck Melki.
Gaines Township 2014 recall | Facebook
www.facebook.com/pages/Gaines-Township-2014-recall/623779244337984 - 298k - Cached - Similar pages
To connect with Gaines Township 2014 recall, sign up for Facebook today. ... of the 2014 recall drive in Gaines Township, Genesee County, Michigan.
Gaines Township News/Updates | Facebook
www.facebook.com/pages/Gaines-Township-NewsUpdates/149382261892356 - 316k - Cached - Similar pages
To keep citizens/residents of Gaines, Michigan aware of any news/updates on what's going ... Just got asked to sign a petition to recall Chuck Melki at my house . |
|
|
|
Thu May 22, 2014 6:47 am |
|
|
untanglingwebs
El Supremo
|
Petitions returned to county with enough signatures to hold recall election for Gaines Township treasurer, clerk
Print Eric Dresden | edresden@mlive.com By Eric Dresden | edresden@mlive.com
on May 19, 2014 at 9:00 AM, updated May 19, 2014 at 10:31 AM
r
GAINES TWP, -- Gaines residents could see the names of at least two township officials on the November election ballot after residents turned in signatures seeking a recall of Treasurer Diane Hyrman and Clerk Michael Dowler.
Gaines Township resident Sue Somers filed language against Dowler in January and collected 809 signatures, according to Genesee County Elections Clerk David Linder. The county said the 652 signatures were necessary to reach the ballot.
"I'm relieved this state is over because it was hard work. However, the response we did get was very overwhelming," Somers said. "A lot of people are very, very disappointed with the performance of the clerk and treasurer."
Dowler didn't have any comment regarding the recall. Dowler and Hyrman have campaigned together through the recall and the clerk expects that to continue.
"There will be some type of campaigning to get the word out," he said.
Language filed against Dowler said, "During his current term of office, Michael Dowler admitted to the investigating officer that 'He was upset how the election turned out and that this was a jab at the incoming supervisor ...' (See larceny of documents Michigan State Police Report #035-0003866 dated April 26, 2013)."
The language referred to documents that were missing from Supervisor Chuck Melki's office when he was first elected, after beating former Supervisor Paul Fortino.
After the threat of a police report, five recycling bins filled with papers showed up in Melki's office days later, with no explanation of what happened.
Dowler later told board members that he took the papers.
"I took all the stuff out of the office and vacuumed and dusted everything," he told trustees during a special board meeting to discuss possible disciplinary actions against him in June 2013.
But in April 2013, Michigan State Police investigated the incident and reported the clerk told police he took the documents home with him for another reason.
"He stated that he was upset how the election turned out and that this was a jab at the incoming supervisor and that he had no intention of keeping the files," the report dated April 26, 2013, states. "Dowler advised that this became a bigger thing than he anticipated and emails started flying around, so he brought the files back over the weekend without telling anyone, he just figured they would be found and that would be the end of it."
14049844.jpg
Diane Hyrman
Meanwhile, the recall efforts against Hyrman's relate to a police millage from August.
"On Aug. 7, 2013, at a regular Gaines Township board meeting, Diane Hyrman voted not to add a police millage to the Nov. 5, 2013, election ballot," language filed from resident Etter Deal says.
Deal said she doesn't feel the elected officials are serving the best interests of the residents and that's why she's spearheading the recall. County officials said Deal received 798 signatures on her petitions.
"People ask me, 'What's in it for you?'" she said. "Well, nothing. I'm not running for office. There are our tax dollars and people should be accountable."
Hyrman said she's going to keep focused on her job as treasurer through the recall.
"I'm just going to keep doing my job," she said. "Whatever happens, happens. I can't do anything to stop it."
Petition language was also approved against Supervisor Chuck Melki by Donna Archambault, former president of the Village of Gaines.
The recall petition says, "On Aug. 7, 2013, at a regular Gaines Township board meeting, Charles Melki voted yes to add a police millage to the Nov. 5, 2013, election ballot."
Signatures have not been turned into the county for that recall yet.
Linder said the county will have seven days to verify several elements of the petitions that have been handed in, then will send them to the township.
There, Dowler would be in charge of going through the names to verify they are registered voters within the township.
Dowler said he will go through the names on Hyrman's recall, but will not on his.
"I figured I could look over the names of Diane Hyrman and have someone look over the names of myself, so there won't be a perceived conflict of interest," he said.
He expects his deputy clerk, Karen Hawkins, will look at the petitions focused on him.
From there, the township has 15 days to get the information back to the county, then the subject of the recall has 30 days to challenge the petition signature counts, Linder said.
Eric Dresden | edresden@mlive.com 2 days ago
I just got off the phone with Genesee County Clerk John Gleason in regard to the conflict of interest. He told me that Dowler can review both the signatures for his recall and Hyrman's.
"He's taken an oath to uphold the law," Gleason said.
Gleason added that, if he were Dowler, he would find a different course of action instead of reviewing them and, if there are discrepancies, those who circulated the recall petitions can go to circuit court.
r
1gardener 23 hours ago
@Eric Dresden | edresden@mlive.com "He's taken an oath to uphold the law," Gleason said. - Maybe the recall wording should have included "Dowler violated his oath of office by not upholding the law" He stole the records from the Supervisor's office, lied about it, then in April confessed to the police that he did it, then in June, lied to the people at a meeting about it. Dowler could delegate this task the county Clerk's office to do. Odds are he won't!
megryan 2 days ago
It doesn't take much ingenuity to understand the huge conflict of interest disclosed from this article. The mere fact that Clerk Dowler is suggesting himself how this is going to be handled is laughable. He figures he can look over the signatures of the Treasurer, also being recalled, while his appointed Deputy can look over his signatures. You've got to be kidding! It is time for the County to oversee these shenanigans and keep the fox from guarding the hen house! County Election Board, I hope you are paying attention to this!
gainesresident 2 days ago
Wow! That picture of Mike Dowler must have been taken a LONG time ago, doesn't look like him anymore.... WAIT, He isn't around the offices anymore since he is working in GRAND BLANC Township - full time.
He needs to Man up and recuse himself and his office of anything to do with this recall, he already said he has been campaigning with Hyrman, that presents a conflict of interest in and of itself!
Both need to do the right thing - RESIGN! |
|
|
|
Thu May 22, 2014 6:56 am |
|
|
untanglingwebs
El Supremo
|
When Gleason was asked about the stolen Clerk documents, he indicated that was in the hands of the investigators and prosecutors. Personally he is dismayed this issue has not been resolved.
Indications are the Gaines Clerk i now working in Grand Blanc Township in the clerk' office. During elections,how will he handle both jobs. |
|
|
|
Thu May 22, 2014 7:01 am |
|
|
untanglingwebs
El Supremo
|
Gaines Township hit by recall fever with a dozen attempts to unseat leaders
Print Eric Dresden | edresden@mlive.com By Eric Dresden | edresden@mlive.com
on February 14, 2014 at 7:00 AM, updated February 14, 2014 at 9:25 AM
GAINES TWP, MI – Recall fever has taken hold in Gaines Township.
Since April 2012, nearly two-thirds of the 21 recall attempts in Genesee County have come against elected officials in Gaines Township, a community of about 6,700.
The latest came Thursday, Feb. 13, when the Genesee County Board of Elections approved recall petitions against township Treasurer Diane Hyrman. The board rejected a similar try to recall township Supervisor Chuck Melki.
A recall petition against township Clerk Michael Dowler was approved last month.
Twelve recall tries in Gaines Township have come since November. Genesee County Clerk John Gleason said he believes that "personal politics" are playing into the attempts.
John J. Gleason.JPG
John Gleason
"You're given that right (to recall), but you're also given a responsibility," Gleason, one of three officials on the elections board, told Gaines resident Jason Ling after his petition against Melki was rejected on Thursday.
Big changes to Michigan's rules for recalling elected officials were signed into law last December by Gov. Rick Snyder, including shortening the window during which people can gather signatures required for recall elections.
The changes also included requirements that election boards determine whether the reasons for recalls are stated both "factually and clearly," and limited recall elections to May and November of each year.
Genesee Probate Judge Jennie Barkey, who sits on the elections board, said there is an obvious constitutional right for residents to seek recalls, but said the only threshold is that the petition language be factual and clear.
"Nowhere does it say it has to be a good reason," Barkey said.
Ling, a resident of Gaines Township, filed three petitions against Melki but said Thursday's was his last.
"It's not personal," he said. "If I keep going, it's going to look like it's personal."
He said he wanted Melki to fight against placing the police millage on the ballot. Voters in November approved the tax. After Thursday's hearing, he had a discussion with the supervisor and said he is more content.
"I thought it was a good conversation," he said, although he didn't detail what was said.
There are still issues that need to be addressed by the board, though, he said.
"I'd like to see the five politicians communicate better, be more transparent and try to get along," he said.
Although there isn't direct cost for much of the recalls, county Elections Clerk David Linder estimates that each recall filing takes between four to eight hours of work, taking time away from other work.
webchuck-melkijp.jpg
Chuck Melki
Melki, Treasurer Diane Hyrman and Clerk Michael Dowler all attribute the tide of recalls to the day Melki took office two years ago.
After unseating then-Supervisor Paul Fortino, Melki found the filing cabinets and desk drawers empty in his new township office.
After the threat of a police report, five recycling bins filled with papers showed up in Melki's office days later, with no explanation of what happened.
Dowler told board members that he took the papers.
"I took all the stuff out of the office and vacuumed and dusted everything," he told trustees during a special board meeting to discuss possible disciplinary actions against him in June 2013.
My records were the ones missing from day one. I'm the one that's being treated abrasively. - Gaines Township Supervisor Chuck Melki.
But in April 2013, Michigan State Police investigated the incident and reported the clerk told police he took the documents home with him for another reason.
"He stated that he was upset how the election turned out and that this was a jab at the incoming supervisor and that he had no intention of keeping the files," the report dated April 26, 2013, states. "Dowler advised that this became a bigger thing than he anticipated and emails started flying around, so he brought the files back over the weekend without telling anyone, he just figured they would be found and that would be the end of it."
Dowler said this week he didn't mean it as a deliberate hit against Melki.
"It wasn't really meant as a jab," he said. "Mr. Melki is not very approachable to talk to. I did not feel comfortable speaking to Mr. Melki."
But Melki said Tuesday, Feb. 11, he thinks he's the one being treated unfairly.
"My records were the ones missing from day one," he said. "I'm the one that's being treated abrasively ... Then they lie to me."
Resident Sue Somers, who has filed all four recall attempts against Dowler, said she walked into Melki's office during his first day and her jaw dropped.
"Everything that was needed in that office to be able to carry out the duties and business of the township was gone," she said, adding the Rolodex was even off the desk. "It was completely gutted."
Somers, a township trustee from 2000 to 2008, said she sent the email demanding the documents be returned.
A year later, after battles on several other issues, including a police millage, the recalls started springing up.
For Melki, the recalls have focused on him making a motion to put a police millage on the Nov. 5, 2013, ballot. All three recall submissions against Melki have been rejected by the board of elections, the last one being rejected on Thursday.
Petition language against Dowler was approved on Jan. 28, after he faced recall language three previous times. It focused on him taking the documents out of Melki's office. He did not file an appeal and petitioners can begin gathering signatures to determine if there will be a recall vote.
They need to receive signatures from registered, qualified voters no less than 25 percent of the votes cast for candidates for the governor at the most recent general election in the electoral district of the officer sought to be recalled, according to Michigan Election Law.
14049844.jpg
Diane Hyrman
Meanwhile, Hyrman has 10 days to appeal after the board accepted the language on petitions against her on Thursday. After facing recall for several different things, the board approved language that she voted against allowing the police millage on the Nov. 5, 2013, ballot. She faced recalls four previous times.
Hyrman thinks the constant recall efforts have broken what was an already fractured relationship in the office.
"(The recalls) are stressful on everybody," she said. "It causes us to not necessarily work together fluidly. I have no idea on a solution."
Resident Etter Deal submitted four of the five recalls. Her recalls focus on one thing, she said.
"The focus is all about accountability," she said.
The 22-year Gaines Township resident said she's a regular at the meeting and wishes voters could know what's going on. She added she wants to see the board work as a "cohesive unit."
At township meetings, the tone is often laced with frustration between trustees, leaving some residents shaking their heads and muttering under their breath as meetings progress.
"I am concerned about the spending that is going on and maybe some of the tension stems from that," Dowler said, pointing out some road projects that he thinks the township doesn't have enough money to fund.
Dowler said he wants more information from Melki about projects.
But Melki said he doesn't think it's about money or information, saying major road projects were done before he was supervisor.
"The people elected me to run the township," Melki said. "I haven't done anything wrong. We're moving forward." |
|
|
|
Thu May 22, 2014 7:09 am |
|
|
untanglingwebs
El Supremo
|
Wow! The comments to this story are hot and furious. The Clerk admitted removing th documents, but the Genesee County Prosecutor's office declined to prosecute.
Meanwhile Gaines residents seem to be angry at all three of these elected officials. |
|
|
|
Thu May 22, 2014 7:11 am |
|
|
untanglingwebs
El Supremo
|
Fourth attempt made to recall Gaines Township Supervisor Chuck Melki
Print Eric Dresden | edresden@mlive.com By Eric Dresden | edresden@mlive.com
on February 24, 2014 at 6:15 PM, updated February 24, 2014 at 6:16 PM
GAINES TWP., MI – For the fourth time since November, recall language has been filed against Gaines Township Supervisor Chuck Melki.
Donna Archambault, a former president of the Village of Gaines, submitted the proposal, which is the fourth against Melki since November.
"The township seems to be in turmoil since he's been elected," Archambault said. "That's not a good thing for a supervisor ... He's supposed to be a peacekeeper."
Archambault served as president for roughly a year and a half, resigning in May 2013. The village, which has less than 400 people, sits inside the township. She resigned because of family reasons, she said.
Melki could not be reached for comment.
The latest recall petition alleges, "On Aug. 7, 2013, at a regular Gaines Township board meeting, Charles Melki voted yes to add a police millage to the Nov. 5, 2013, election ballot." The language was filed with Genesee County's election division on Friday, Nov. 21.
Resident Jason Ling filed the three previous times against Melki, but none have been approved. His most recent attempt was rejected this month because his petition referred to the "City of Gaines," rather than the "Township of Gaines."
Afterward, Ling met with the supervisor and decided to not submit again.
The Genesee County Board of Elections will meet for Melki's hearing at 12:30 p.m. on Thursday, March 6, in the courtroom of Chief Probate Judge Jennie Barkey, 900 S. Saginaw St.
Since November, Melki, Treasurer Diane Hyrman and Clerk Michael Dowler have faced a combined 13 recall submissions to the county's election board
The three agree that much of the issues sparked after Melki was elected and Dowler took all the documents from Melki's office on his first day as supervisor.
The language submitted against Melki is similar to language that was accepted on Feb. 13 against Hyrman which said, "On Aug. 7, 2013, at a regular Gaines Township board meeting, Diane Hyrman voted no to add a police millage to the Nov. 5, 2013, election ballot."
Language was approved against township Dowler on Jan. 28.
"During his current term of office, Michael Dowler admitted to the investigating officer that 'He was upset how the election turned out and that this was a jab at the incoming supervisor ...' (See larceny of documents Michigan State Police Report No. 035-0003866 dated April 26, 2013)," resident Susan Somers said in the petition.
Dowler faced three other previous recall petitions attempts which were all rejected by the elections board.
1gardener Feb 25, 2014
This language is not factual. Melki, Purdy, Timmons and Dowler voted "yes" to add the police millage to the ballot. Melki's "yes" vote did NOT add this to the ballot. If he would have voted "no" it still would have gone on the ballot. 5 member board, 3 is a majority.
wammerjammer
wammerjammer Feb 25, 2014
and in my personal oppinion i hope they recall everyone in that office and stop all the Shennagins that goes on in there . that office is like going to a Circus with alot of Clowns performing and i have to pay for it with my tax dollars . what a Farse
wammerjammer Feb 25, 2014
meliki's comments are Lame > how many police do we need in this area ?? looks like to me just an issue of Job Security. after all dont we have the genesee County Sherriff and the Michigan State Police and we do have a Gaines Twp officer . you people dont get it !! this isnt Flint or Detroit and i am Taxed enuff already !!
Slick50 Feb 25, 2014
You forget? The people voted for the millage increase. He allowed the people decide if they want to pay the additional taxes and it takes 3 people to allow that to happen not just 1. You're right this isn't Flint. We actually have people in this community that care about one another. |
|
|
|
Thu May 22, 2014 7:17 am |
|
|
untanglingwebs
El Supremo
|
| A number of years ago, two young Conservative Vice lords moved with their families into the Gaines area from Indiana. They painted the small Village of Gaines with their graffiti. The town had to call the State police in about the graffiti. Lots of nice people in that village, but I was concerned about the confederate flags that were on the village residents flagpoles. |
|
|
|
Thu May 22, 2014 7:22 am |
|
|
|
FAQ
Search
Memberlist
Register
Profile
FlintTalk.com Forum Index
> Political Talk
