City Council member Eric Haven’s resignation on July 20 to run for mayor in November has raised questions about proper notification of his now-open, one-year seat.
Nomination deadline for city office was July 24. According to City Charter Section 3.8, the “number of persons to be elected to each office” must be published at least one week, and not more than three weeks, before the deadline.
David Marsh, a former council member, was the only candidate registered to run for the one-year term vacated by Haven. Marsh collected his candidacy petition signatures after Haven’s resignation, on the weekend of July 20-22.
Responding to emailed questions from city resident Cory Johnston, City Manager Jonathan Smith said he consulted with city attorney Thomas Ryan and the Oakland County Elections Division.
“It just was not feasible – given the timing of the resignation – to have restarted the entire petition process, allowing petitioners to select a one-year or two-year term,” Smith said.
Also at issue, City Charter states the deadline for submitting petitions shall be the “first Tuesday after the first Monday in August,” or Aug. 7 this year.
However, on April 9, City Council voted unananimously to approve a resolution to follow Michigan Election Law, to change the petition submission deadline to 15 weeks prior to the general election, or July 24 this year, Smith said.
According to Michigan Election Law Sec. 551, the secretary of state and the various county, township, and city clerks shall receive nominating petitions or filing fees filed under this act up to 4 p.m., eastern standard time, of the fifteenth Tuesday before the August primary.
“I have confirmed with city attorney Tom Ryan that because this resolution was to simply follow Michigan Election Law, it is not considered a change to the Charter and therefore does not require a vote of the people,” Smith said.
Haven is the only candidate running for mayor, a two-year position. Running for three open, two-year seats on the City Council, are incumbents Sharron Catallo, Rick Detkowski, and Sue Wylie; and challengers Al Avery, a former council member, and Hampton Swayne. Write-in candidates for the Nov. 6 election must file a Declaration of Intent form with the city clerk no later than 4 p.m., Oct. 26.
– Phil Custodio