Ortonville- The third time was not the charm.
The Oakland County Election Commission denied for a third time petition language seeking to recall Village Manager Sue Bess during a hearing Nov. 27 in the courtroom of Oakland County Chief Probate Court Judge Barry Grant.
Grant was joined in the unanimous decision to reject the language by County Treasurer Patrick Dohany and County Clerk Ruth Johnson.
The language on the petition form, submitted by village resident Jane Derry, read: ‘Sue Bess has abused her power as village president by initimidating her village council members to vote according to her recommendations. She recommended the council to hire an underqualified personal friend into a supervisor village position, on January 23, 2006. She recommended the council approve to pay over $25,000.00 for unwarranted drain improvements that benefitted only the Village Pub, on July 10, 2006, personal friends to Bess. We do not believe this is the appropriate use for village tax dollars.?
Johnson said the decision to deny was made because the language was not clear.
‘The words ‘abused? and ‘intimidating? were subjective,? she said, and added that there are also questions as to the wording ‘underqualified? and ‘unwarranted.? ‘If someone says to you that they were intimidating, what does that mean? How can you defend against that? The law is clear. (The language) has to be clear and concise.?
Johnson explained that Bess must also be able to defend herself against the charges and that cannot be done with subjective words, that voters don’t know what is behind them.
‘Sue Bess has abused power, what does that mean?? she asked. ‘This recall petition continues to lack clarity and conciseness required by law.?
The petition language is not required to be accurate, Johnson continued, only to be clear, concise, and understandable to voters.
‘I think they made the right decision,? said Bess. ‘I know I haven’t done anything wrong, but it’s stressful having to keep defending myself.?
The petition is the fourth submitted by Derry. The first was filed on the wrong form and thus did not receive a hearing.
The recent decision to deny has disappointed Derry, as she believes that at the last hearing she was told that all she needed to do was provide dates.
‘I’m disappointed that the judge changed his mind,? she said. ‘We’ll retool the language and try again… The judge advised me to seek attorney counsel and that’s what we’re going to do.?