Pontiac- The drive to recall Ortonville Village Council President Sue Bess has stalled.
On Sept. 14, a three-member Oakland County Election Commission unanimously denied recall petition language submitted last month by village resident Jane Derry.
Oakland County Probate Court Judge Barry Grant read the language aloud in his courtroom to observers and fellow commission members Ruth Johnson, county clerk, and Patrick Dohany, county treasurer. The language on the form read: ‘We the undersigned electors, request that the recall of Susan K. Bess be placed before the voters of the village of Ortonville, Michigan. She has abused her power as Village President for financial gain to her personal friends, through unrightful employment and financial favors.?
Derry addressed the commission, saying that she represents a group of business people and citizens. In explaining the language to the commission, Derry said Ortonville Department of Public Works Supervisor Bill Prince had been hired, although he was not qualified for the position and he was a friend of Bess.
Grant asked Derry if there were any village ordinances prohibiting the hiring of a friend, to which she replied no.
Bess? attorney, Kirk Falvay, argued that the petition must state each reason for recall and there were no details specified. He noted that Bess is part of a seven-member village council that hires staff. He also noted that he found could not find the word ‘unrightful? in the dictionary.
Falvay called the language faulty and insufficient, telling the commission they must reject the petition.
Derry, who noted she had been counseled in the language used, said, ‘We wanted to not be specific, because we thought it would hurt the community.?
Johnson noted that the language ‘We the undersigned electors? could not be put on a ballot for people voting.
The motion was then made to deny the petition as the language was not clear.
‘I feel vindication on this,? said Bess following the hearing. ‘I’ll lay back and watch what the next round serves.?
She added that Bill Prince is qualified for his position and the board approved his hiring.
Derry said she did not know if she would file new petition language and had no other comment.