By Rosemary K. Otzman
Independent Editor
A 73-page binder of information, originally deemed to be secret under "attorney-client privilege" and then voted
out into the open for the public to examine, appeared to be a big disappointment for those seeking ammunition in their fight
to unseat four Van Buren Township officials who were elected last November.
Various charges
made by Karin LaMothe, Eric Feldcamp, and Lori Werner, all leading members of the recall campaign, were given to township
attorney Patrick McCauley for study of alleged wrongdoing of their targets.
The use of
the township attorney to investigate the charges by the recallers was encouraged by the leftover officials from the last administration,
who are openly hostile to the newcomers.
Pushing for the attorney to root out wrongdoings
were Treasurer Sharry Budd and Trustees Phil Hart and Jeff Jahr. The four targeted for recall are Supervisor Paul White, Clerk
Leon Wright, and Trustees Al Ostrowski and Denise Partridge.
The issue of an alleged Open
Meetings Act violation, because when they were campaigning White and Ostrowski discussed what they would like to do if elected,
was a non-issue. As private citizens, there is no Open Meetings Act.
Also, McCauley said
there did not appear to be any secret meetings of a quorum of board members to discuss the hiring of Carl McClanahan as interim
public safety director, as alleged, nor does it appear there were any separate meetings or conferences discussing this matter
held to deliberately avoid the quorum requirement of the Open Meetings Act.
Attorney McCauley
also wrote that after studying the situation, he could not find any violations of the Computer Policy and Usage Guide, as
alleged.
Also, under his study of Ethics Policy issues, it may look like White provided
favored treatment to McClanahan by recommending him as the interim public safety director, a majority of the board voted to
hire him and made the final decision.
Also, the qualifications on the July 2004 Public
Safety Director job description were not used to select the new interim public safety director. If the board adopts that job
description for the permanent public safety director's job, it would appear McClanahan would not meet all the requirements.
But, McCauley pointed out, Gerald Champagne did not meet all the requirements for the job when
he was hired in 2004 and the board used its discretion in hiring Champagne and used it again in approving McClanahan's
hiring.
Also, Dan Swallow was promoted from deputy director of planning and economic development
to director without seeking other applicants, after Bryce Kelley resigned in 2008.
Supervisor
White said at a public meeting that Treasurer Budd had recommended Swallow for the position.
And also in 2001, William Delaney was hired by the King administration on an interim basis without seeking other applicants
to fill in when Kelley left the first time, which turned out to be for just a few months before Kelley returned.
Attorney McCauley said that in investigating situations in an attempt to apply the Ethics Policy makes it apparent that the
policy requires "greater specificity as to, among other things, definitions, sanctions and applicability to elected officials."
"... Every situation which is considered for analysis under the policy will present its
own unique challenge as to interpretation and application," McCauley concluded.