Independence Township Trustee David Lohmeier was not enthused when he found township attorneys wrote a legal opinion concerning recall petitioners using public access channels.
‘Frankly, to me that’s a personal expense, that should have either come to the board for approval or it should be an expense of yours. If you want to use Mr. Joppich that’s fine, that’s involving us and township monies in a recall issue, so I think that should go back to you,? Lohmeier said to Supervisor Dave Wagner (the recall target) at the April 6 board meeting. ‘I don’t think we should be paying for it out of township funds. I don’t think it’s appropriate.?
The first paragraph of the eight-page legal document written by Secrest Wardle Attorney Kristin Bricker Kolb addressed to Wagner states:
‘You have expressed concerns over the use of the public, education and government (PEG) access channels by the group advocating the recall and you requested our opinion regarding whether this is a permissible use of the public access channels, or whether the township would have any basis to prevent the airing of such political commentary, in this or in any other situation.?
Despite how the opinion reads, Wagner said there was never a question about whether or not the show could be aired, but rather a ‘question of content.?
‘What can or cannot be talked about, so the township itself would not get in trouble and there be a possibility of slander,? he said. ‘As far as myself, I feel I was doing the prudent thing for the township as the township supervisor and I have distanced myself from some of these things because of an appearance that might arise out of this.?
However, recall group Citizens Against Independence Township Waste (CAITW) member Joel DeLong asked why Secrest Wardle didn’t address slander in their opinion.
‘We were told what we could say or what we could do as far as the presentation and I think we adhered to that,? Delong said. ‘I don’t think Andy (Reish, program director) or any of the public access had an issue with it, so I think we complied with what the guidelines were given to use.?
The legal opinion concluded there is no legal basis to prohibit it from being shown on public access.
Wagner again said there was ‘never an intention to censor the content.?
‘It was strictly a legal issue regarding the safety of the township and what could transpire from this broadcast,? he said.
Lohmeier feels ‘it’s pretty cut and dry.?
‘Putting all the law and everything else aside it’s just not right,? he said. ‘It’s obviously to his benefit, whether it was him or any other board member placed in a recall you’re not allowed to use township assets or funds for your personal use period, that’s just the law.?
Cost for the opinion has not been given yet.
Wagner also said one of the problems he had with the legal opinion was that all legal opinions are marked with a ‘privileged and confidential? statement at the top and this opinion was not.
Kolb did not respond to the call or e-mail sent by the Clarkston News seeking comment on the issue.
The group CAITW, who has spent the past seven weeks in front of the post office collecting recall petition signatures, were told on Saturday by Oakland County Sheriff Office Deputy they could no longer collect signatures at the post office.
‘The deputy told me it was on the bulletin board over there and any deputy that saw us over there were supposed to come over and tell us the post inspector says we can’t be there,? DeLong said. ‘I question it. I don’t think the post office has any jurisdiction over the property.?
He said they had already talked with the Clarkston post master who had no problems with the group being there, but DeLong said he’s not going to dwell on it, but continue on with business elsewhere.
‘We’re up here at the library, we got subdivisions we need to do, and we got the township hall,? he said. ‘Over 80 people are gathering signatures, I’m pretty confident we’re going to get there.?
The group has until April 22 to get at least 3,500 signatures.
Neither Wagner nor Independence Township Substation Lt. Dale Lebair returned calls seeking comment and further information.