Claims his first amendment rights violated
By Barb Pert Templeton
A regular meeting of the Marine City Commission on Sept. 7 was disrupted when City Commissioner Michael Hilferink left his seat and went to the podium to speak during public comments.
Leaving his commissioner title at the table, Hilferink insisted he wanted to be heard as a regular citizen and a ten-minute argument ensued as officials said he was out of order. When he refused to return to his seat, they asked that he be removed from the meeting.
Hilferink was then arrested for disturbing the peace.
Marine City Commissioner Michael Hilferink refuses to leave the podium during public comments and return to his seat at the commission table, as requested by the commission.
When contacted on Sept. 11 Marine City Police Chief Jim Heaslip said Hilferink was issued a ticket for disturbing the peace, a misdemeanor, and the matter was sent on to the local court. Heaslip said Hilferink will have to make a court appearance and at that time officials there will determine any costs involved. The chief added that no other incidents occurred with the commissioner that evening and he was released.
Prior to Hilferink going to the podium at the commission meeting, a half dozen people spoke during public comments, mostly to criticize him and some even encouraged him to resign from his seat on the city commission.
Marine City Commissioner Michael Hilferink tells a city police officer to go ahead and arrest him because he will not be leaving the podium until he gets his five minutes to speak.
Resident Patricia May expressed her disappointment at Hilferink’s actions, particularly since she voted for him last November.
“I voted for you and at that time it seemed your agenda was for the people but now it clearly seems like you have your own agenda and that makes me very sad,” Patricia May said.
She went on to state that she feels he’s inappropriate with his comments and the information he shares on Facebook is not fact checked.
“Mike you are a menace, you are ridiculous and everything you are putting out there on Facebook is not what we, who voted for you, put you in office for,” May said.
A post on Facebook on the evening of Sept. 7, 2023 on the page Marine City – Clay – Algonac – East China Citizens for Better Transparency by page administrator Marine City Commissioner Michael Hilferink.
Reverend Paul Yanke, from Living Faith Lutheran Church in the city, directly addressed Hilferink and said he really needs to review Roberts Rules of Order for meetings.
“Mike, if you were really smart, if you had any ounce of integrity in you, you would resign and save us the trouble of removing you from office,” Yanke said.
Demanding his rights
As the public comments concluded Hilferink left his seat at the board table and headed for the podium despite commissioners’ objections.
Reverend Paul Yanke, of Living Faith Lutheran Church in the city, spoke during public comments telling Commissioner Michael Hilferink if he had an integrity he’d resign.
“It’s my first amendment right to be at this podium,” Hilferink said, noting that he spoke at the podium during public comments at the commissions previous meeting.
Mayor Jennifer Vandenbossche said they weren’t sure what the rule was at the last meeting. Attorney Robert Davis said the fact that public comments are not responded to by officials and Hilferink was now trying to do just that, made his appearance at the podium, prohibited.
“He is not allowed to go to the podium under the auspicious of being a member of the public and now refute what we agreed not to refute when people make public comments,” Davis said. “Mike you can’t use the podium to respond to these people under the umbrella of being a public citizen.”
“It’s inappropriate that you are going to use this opportunity when you have your own opportunity during commissioner privilege,” Davis added. “So, I’ve given my opinion you shouldn’t be doing this.”
As Hilferink remained at the podium demanding his five minutes to speak the commission voted to find him out of order. Despite that he refused to sit down.
“Mike, I made a motion and it passed, you’re just holding up the meeting,” Commissioner William Klaassen said.
“Mr. Hilferink I’m asking you to sit down,” Vandenbossche added.
“I want my first amendment rights respected and being able to speak as a private citizen,” Hilferink continued to state.
The mayor then asked that Hilferink be removed from the meeting, noting he was preventing them from conducting business.
“If I’m removed from here, I will press assault charges on you, I will,” Hilferink said. “Where’s the law Bob, where’s the law that says I can’t do this?”
As a police officer tried in vain to get Hilferink to leave the meeting as requested by the board he refused to step outside.
“I’m not leaving this podium until I get my five minutes to speak,” Hilferink insisted.
The officer then took a live call from Police Chief Heaslip who explained to Hilferink that he would be arrested and ticketed for disturbing the peace if he didn’t leave the meeting as requested by the board.
Shortly thereafter Hilferink offered up his wrists to the police officer and stated they could go ahead and arrest him. He was placed in handcuffs and left the room without further incident.
In a Facebook Live video on Sunday afternoon, on his page – Marine City – Clay – Algonac – East China Citizens for Better Transparency – Hilferink said there is no law on the books prohibiting him from going to the podium during a commission meeting. He listed several examples of other public officials leaving their seats at board tables to speak at the podium as a resident.
