Ferndale Resident Files Paperwork to Recall 4 Council Members

Ferndale resident Robert Sinclair filed paperwork to recall four Ferndale City Council members for "financial mismanagement," said Joe Rozell, Oakland County director of elections.

The paperwork, filed Tuesday with the Oakland County Clerk's office, seeks recalls for council members Melanie Piana, Scott Galloway, Mike Lennon and Mayor Pro Tem Kate Baker.

"All (the paperwork) cites (for the recall) is 'financial mismanagement,'" Rozell said.

Sinclair could not be reached for comment Thursday afternoon. He did allude to a recall on Dec. 28, 2010, during the Financial Planning Committee's public forum where tax increasing measures to bridge Ferndale's deficit were discussed. "If a millage increase comes forth I will personally fund a recall campaign against anyone on council who votes for it," he told the committee.

On Jan. 10, the committee recommended a five-year Headlee Override to increase Ferndale's general operating millage 3 mils the first year and 5.4552 mils for the remaining four years. Ferndale is facing a $2.2 million deficit for the next budgeting cycle.

The Headlee Override would equate to about a 6 percent increase the first year in property taxes and about an 11 percent increase the remaining four years.

Sinclair said on Dec. 28 that he wouldn't support a Headlee Override but would support a public safety millage. "I'd support a millage for police and fire. I'm biased toward public safety. I'm an auxiliary police officer," he said.

The Headlee Override's revenue goes toward the general operating fund, 60 percent of which goes toward public safety.

On Jan. 24, council adopted language for a May election for a Headlee Override.

"All (Sinclair) states is financial mismanagement. This shows a very low level of understanding of Ferndale's finances," Councilman Scott Galloway said.

Galloway cited the Michigan Department of Treasury's fiscal indicator scores that rank Ferndale as fiscally neutral, meaning no state action is needed. The scores rank from zero to 10, 10 being the worst. Ferndale received a 3 in 2009 (the latest data available).

"We've balanced the budget without raising taxes since I've been on council," he said. "Our fund balance exceeds our financial advisor recommendation. … (Sinclair) is clueless on what he is talking about."

"Having a special election in August, when two of us are already up for re-election in November, spending money on that? Talk about financial mismanagement," Mayor Pro Tem Kate Baker said. "This is a politically calculated move and distracts from the real issues facing Ferndale."

Rozell said the next step is a clarity hearing with an Election Commission made up of the county clerk, treasurer and chief probate judge. The goal of the hearing is to make sure the language of the petition is clear and concise and the public will be able to understand it as well as those in question would be able to defend themselves against it, Rozell said.

The county has to make a ruling between 10-20 days of the filing of the paperwork. The clarity hearing is tentatively scheduled for March 3, Rozell said.

If the language is rejected, Sinclair will have the opportunity to redraft the petition. If or when the language is accepted, Sinclair will have 180 days to collect 1,700 signatures per recall request to get a recall vote on a special election in August. Signatures are determined by 25 percent the number of ballots cast in the last gubernatorial election.

Rozell said that last year seven petitions were filed with the county, four were for the same person and none of them had signatures turned in once approved.

"It's rare in our county to actually carry through with the recall once the language is approved," Rozell said.