Effort to oust Kidwell passes clarity hearing

Published 11:25 pm Monday, March 28, 2011

Of the six recall efforts targeting local officials, only one will continue after Monday’s clarity hearing at the Berrien County Courthouse in St. Joseph.

The recall language for the effort to oust Niles Township Supervisor Jim Kidwell was approved, while recall wordings were denied for Bertrand Township Clerk Jane Lano, Niles Township Clerk Marge Durm-Hiatt, Treasurer Jim Ringler and Trustees Richard Noble and Richard Cooper.

Herschel Hoese, a Niles resident, issued the recall wording for Kidwell in response to Kidwell issuing a press release to reporters last month notifying them of an investigation of Ringler for an alleged violation of township policy.

The recall wording states that Kidwell’s action “breached both the confidentiality of the township’s attorney-client privileged information of a closed session meeting … and an employee’s right to a confidential investigation under Niles Charter Township’s policy manual.”

Hoese, who is a part of the Concerned Citizens for Honest Government in Niles Township group, will need to gather 907 signatures to get the issue on an election ballot. Hoese said he has a group of people behind the effort and is hopeful they will be able to gather the necessary signatures.

The recall wording targeting Lano, submitted by Bertrand Township resident Phil Hibschman, accused Lano of “voting in favor of selling the Southeast Berrien County Landfill.”

Berrien County Clerk Louise Stine, who is a member of the Berrien County Election Commission that determines whether recall wording is valid, said Lano brought documentation to Stine’s office showing that she never voted on that issue.

“The statute is clear that the recall language has to be clear and the action has to have occurred,” Stine said.

In an interview with the Star last week, Lano denied supporting selling the landfill. She is not part of the decision anyway, since she is not a member of the landfill authority board.

In regard to the recall effort of the four other Niles Township officials, Stine said: “We just didn’t believe that language is clear.”

The wording simply was “misuse of township funds,” which Stine said was too vague.

“When did it take place and how? Was it illegal or was it just something that you didn’t like them doing?” Stine said.

Kidwell told the Star earlier this month that he doesn’t support any of the recall efforts in Niles Township, calling them “wasted spending.”

“We should be able to sit down like and adults and sort this thing out,” Kidwell said at the time.

If the recall effort for Kidwell gets on the ballot, it would cost Niles Township $4,000 in election costs, according to Durm-Hiatt. If Kidwell is ousted, it would cost an additional $4,000 for an election to replace him.