A motion to reappoint George Black to the Oxford Township Planning Commission led to a heated debate among township board members at their Jan. 14 meeting.
Failing in a 3-3 deadlock, the motion sparked a debate over when a planning commissioner’s term expires and the appointment procedure in general.
Black’s term on the planning commission officially expired Dec. 31, 2003. A motion to reappoint him to the board he’s served on for the past 20 years failed in a 3-2 vote at the Dec. 15 township meeting.
Trustee Jerry Dywasuk questioned why Black participated in the Jan. 8 planning commission meeting as a board member when his term was expired and the township board voted against his reappointment.
Supervisor Bill Dunn cited a legal opinion from Michigan Townships Association (MTA) which he claimed allowed Black to serve as a planning commissioner at the January meeting.
The opinion stated, “Each member of the Planning Commission whose term expired. . .may nevertheless continue to hold over as de facto Planning Commission members, and continue in office as legally valid members until a successor is appointed/approved and qualifies for the office during the ensuing term.”
Appointments to the planning commission are recommended by the supervisor and approved by the township boad
Dywasuk countered with other language in the opinion which states “unless the legislative intent to the contrary is manifest. . .municipal officers hold over until their successors are provided.”
Dywasuk argued that when the board reappointed Black to his last term three years ago, the “legislative intent” was for his term to expire Dec. 31, 2003.
The trustee also argued the township board made it’s “legislative intent” clear when it voted down Black’s reappointment at the Dec. 15 meeting.
Based on Dunn’s claim, Dywasuk said a planning commissioner could serve “indefinitely” until the supervisor chose to recommend someone else.
Dunn said that was “not my intent.”
Given all this, Dywasuk said for Black to continue serving on the planning commission is “wrong” because it goes against the board’s intent.
Because the Dec. 15 motion to reappoint Black failed with only three township officials voting against it, both Treasurer Joe Ferrari and Trustee Pat Fitchena noted the supervisor can continue to bring the issue of Black’s reappointment back to the board until he either receives four ‘yes’ votes or four ‘no’ votes. That’s according to the MTA.
“I just want four (votes) one way or another,” Dunn said.
Dywasuk countered that the four-vote argument “doesn’t mean someone is automatically appointed until” the supervisor gets four yes or no votes.
Trustee Shirley Clancy explained that voting against Black’s reappointment was a “difficult decision” for her.
She said Black’s 20 years of service is a “tremendous credit” to him, but there should be opportunities for new people to join the board.
Clancy said she would like to see a “balance” maintained on the planning commission in which there are “senior people” with “good experience,” but also new people coming aboard who can learn from them.
Planning Commission Chairman Don Silvester, who was in attendance at the township meeting, was angered by board’s action.
“This is my first township board meeting. I thank God for that. This is sad,” he said.
Silvester told officials he likes the makeup of the planning commission “the way it is” and doesn’t believe the township should “throw away” Black’s two decades of experience just to give someone new a chance.
He noted that Black’s lengthy experience is an asset to him, who’s only been on the board four years, and other newer commissioners.
Silvester said he joined the planning commission because he thought there wasn’t going to be any politics involved, but if this is the way it is, “you can have my resignation letter tomorrow.”
Dywasuk made a motion that “the township board go on record stating their legislative intent is that (the) terms of appointed officials expire on the date specified when the appointment takes place.”
It passed by a 4-2 vote.
Following the meeting, Dunn said he will bring the issue of Black’s reappointment before the board again until he gets either four ‘yes’ or four ‘no’ votes.