Recall on hold pending judge approval

March 27, 2006 —

The potential recall of four Kochville Township officials is on hold until Saginaw County Circuit Judge William A. Crane determines if the language of recall petitions against the officials is unambiguous and clear.

The targeted officials - Supervisor Kenneth P. Bayne, Clerk George A. Schnepf, Treasurer Crystal M. Kauer, and Trustee Lynn L. Kauer - will find out Monday, April 17 whether residents will be allowed to circulate recall petitions against them. All four officials have challenged the Saginaw County Election Commission's 3-0 approval of the recall petitions, claiming the petitions are misleading.

All four officials have been targeted for recall for approving the controversial Cardinal Townhomes development, which was later rejected by a 3 to 1 margin by Township voters on a February 28 referendum.

The four officials constitute four-fifths of the Township Board, with Patricia A. Bourdow - the Board's lone Democrat, who abstained from the Cardinal Townhomes vote due to a conflict of interest - the only Board member not being targeted for recall.

Kochville First, the group of residents attempting to remove the officials from office, is currently barred from collecting any signatures, as the litigation in circuit court is pending. If Judge Crane sides with Kochville First, they will have until Friday, May 5, to collect the necessary 214 signatures to place the recall on the August ballot. If the group fails to collect the necessary signatures by May 5, Kochville First can still collect the signatures for the November ballot.

The lone exception to this is that of Treasurer Crystal A. Kauer, whose term expires in November 2006. Kauer was appointed Township treasurer in September 2005, when the previous treasurer, Michelle Berger, resigned. State law forbids the recall of elected officials during the first six months or last six months of their elected term. If Kochville First does not collect 214 signatures to qualify for the August ballot, Kauer will not be eligible for recall.

If three or four members of the Township Board are recalled, the Township Board would lack the requisite number of officials to conduct official business. Under these circumstances, Saginaw County would appoint officials to achieve a necessary quorum for official Township business. The open seats would then be filled at the next general election.