STURGIS, MI – Two separate resolutions to censure and to remove Sturgis Mayor Frank Perez fell short again Wednesday, May 27.
The resolutions, introduced for the third time in as many city commission meetings by commissioner Aaron Miller, both failed to pass in a 4-3 vote.
The Sturgis City Commission is a nine-member panel, and proposals may only pass if a majority of votes for the electorship are recorded, not a majority vote of those present, city staff said.
Mayor Frank Perez was absent Wednesday. Vice Mayor Jeff Mullins, who presided over the meeting, said Perez called him earlier in the day, citing a pre-scheduled family commitment as the reason for his absence. Another seat remains vacant, having been left open by Linda Harrington, who resigned last month.
On a resolution calling for the censure of Perez, Miller alleged Sturgis “has a mayor who can’t seem to follow the law, who is flippant toward the law.”
“We have a mayor who cannot listen to his own legal counsel,” Miller said. “This is a problem for our city. Mr. Frank Perez is not the person who should be leading our city.”
Commissioner Cathy Abbs, who voted Wednesday against censuring and removing Perez from his mayoral seat, said she “specifically asked Mayor Perez, ‘will you obey the law?’ How he answered was not acceptable to me.” Perez had said he would obey the law, while also doing what is right.
Perez in previous meetings said he adheres to living by “what is right is right, and what is wrong is wrong.” Last month, Perez said he stands by that creed, and that doing the right thing is not always popular.
Commissioners Dan Boring, Justin Wickey, Miller and Jeff Mullins voted in favor of censuring Perez. Rick Bir, Marvin Smith and Abbs voted no.
On a motion to remove Perez as mayor, Wickey reminded his peers that the proposal would not remove Perez from the commission, only from his appointed mayoral role.
Miller, Wickey, Boring and Mullins voted yes, while Abbs, Bir and Smith voted no. Because a majority five votes of a nine-seat commission was not achieved, the motion was defeated.
Bir said after the vote he believes Perez has committed no crimes against the city, and with Perez absent from the meeting, he is unable to defend himself.
“I am sure this will come up again at the next meeting, as commissioner Miller is…. driven,” Bir said.
Miller said he remains frustrated by what he called an unresolved situation.
“In case anyone forgot, justice has still not been served,” Miller said. “We’re under the two-month mark until Andrew Kuk’s effective date of resignation. We’ve lost a very capable city manager. We will miss out what would have been (his) leadership going into the future. The city is going to be the loser.”
Miller said he altered his resolution over the previous meeting by adding his name to those to be investigated by an independent counsel, “to put my commitment on the line.”
“I can unequivocally say I have done nothing wrong,” Miller said. “An investigation will show that.”
Specific details about any wrongdoing has not been publicly stated, only violations of law as put forth in the resolution. Previous hints at specific details as discussed in closed session were halted on legal citation by attorney TJ Reed.
Abbs said she agreed that if she and other commissioners would be examined for potential wrongdoing, that Miller’s resolution should state everyone should be included.
“As I stated before, I would be responsible for anything done contrary to law,” she said. “I am trying to understand what is wrong with saying the investigation needs to be done for any wrongdoing but for the situation in its entirety? if we’re being truthful and we’re being transparent, why would you be opposed to adding those words?”
Miller said he was willing to amend his resolution.
“You want those words added to the resolution? Let’s do it,” Miller said.
Miller asked Reed what he would advise on amending a resolution on the floor for consideration that would alter the scope of the document’s purpose..
The city attorney recommended a closed session to render a legal, written opinion. The commissioners agreed, and in a 7-0 vote, entered into closed session for about 20 minutes.
The proposal to secure an independent, outside counsel to investigate members of the city commission for alleged, unspecified wrongdoing then passed, also in a 7-0 vote.
The city on Wednesday determined it will also seek an interim city manager to fill the role to be vacated by Kuk as of July 24. Kuk announced his resignation in April.
City staff communicated with the Michigan Municipal League to examine a list of potential interim city managers. The MML has a selection of people in good standing with the MML’s code of ethics, typically retired city managers or administrators in between positions. The commission opted to contact Doug Terry, Vincent Pastue and Jae Guetschow from the list.
City officials said each candidate set their own pay rate, availability and scope of talent and abilities. Reed advised the city should interview candidates to determine the best fit. The city may want an interim city manager on the job for 30 to 40 hours per week, officials said, but the candidate may only be available for 10.
Hours and duration will be the main benchmarks, officials said, for a minimum of 20-30 hours per week and up to a year of service. The city intends to have a person selected as soon as possible in order to work with Kuk as part of a seamless transition.
This article originally appeared on Sturgis Journal: Sturgis commission vote fails to remove Mayor Perez
Reporting by Dan Cherry, Special to Sturgis Journal / Sturgis Journal
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