Please note that I’ve referred to the Local Historic Districts Act (MCL 399.201, et seq) as the LHDA, the Clarkston ordinance (152.01, et seq of the Clarkston Code of Ordinances) as the Clarkston Ordinance, and the HDC charter proposal as the Charter Proposal.
Discussion:
LHDA, MCL 399.204, allows for termination of an HDC commissioner’s appointment “due to acts or omissions of the member.” (An HDC member is the same as an HDC commissioner.) The Clarkston Ordinance makes no mention of removing an HDC commissioner for misconduct.
The Charter Proposal establishes a procedure for property owners to have their complaints against HDC commissioners heard by the city council, for accused HDC commissioners to receive notice of the complaint and a fair opportunity to respond in writing and in a public hearing, and for the city council to remove a commission member for misconduct for violating provisions of the Charter Proposal, if necessary.
The complaint procedure allows a person to file a written complaint with the city clerk setting out the facts of his or her complaint against an HDC commissioner. The clerk must send a copy of the written complaint to the city council members and to the HDC commissioner about whom the complaint is made. The HDC commissioner has seven days to file a response to the complaint with the clerk, and a copy of the response must be sent to the city council members. The city council must schedule a public hearing within 14 days after the commissioner’s response is filed or within 14 days after the response time expires if the commissioner chooses not to file a response to the complaint. The council must follow its usual procedures for holding public hearings. At the end of the public hearing (or no later than seven days), the city council must take any appropriate action on the complaint, which could include initiating proceedings under the city charter to remove the HDC commissioner from office for misconduct, suspending the HDC commissioner for a specific period of time, disqualifying the HDC commissioner from participating in a specific commission matter, or directing the member or commission to take a specific action or refrain from taking a specific action in connection with the complaint. “Appropriate action” can also include dismissing the complaint as unmeritorious.
There is a separate proceeding for removing an HDC commissioner for misconduct in office for violating the provisions of the Charter Proposal. Section 4.21 of the city’s charter establishes the procedure for removal for misconduct in office (see page 11). An HDC commissioner who receives notice of removal proceedings is suspended from exercising authority as a commission member pending the decision of the city council on the removal. This section of the Charter Proposal doesn’t prevent discipline or removal of an HDC commissioner for violating any other provision of the charter or Michigan law.
Notes:
Many city council members have been dismissive of HDC abuse complaints from property owners, even when the property owner takes the time to come to a council meeting to talk about the abuse. One resident complained that a former HDC chair, accompanied by a former planning commission chair, former mayor, and the current city manager, came to his home and threatened to bulldoze his newly installed pool fence, even though he had obtained all necessary permits for the work. Not only did the resident’s complaints fall on deaf ears, the HDC chair who’d threatened the resident was reappointed shortly after that. A more recent example of council dismissiveness was council member Ted Quisenberry’s claim that any complaints relayed by a fellow council member about her discussions with residents about HDC abuse were simply “hearsay” to be ignored.
This provision would allow a property owner in the historic district to receive a fair hearing on a complaint against an HDC commissioner. And, hopefully, the possibility of removal for misconduct is enough for current and future HDC commissioners to avoid mistreating residents.
Paid for by Susan Bisio, P.O. Box 1303, Clarkston, MI 48347 with regulated funds.)