Fourth try at recalling Dowagiac mayor fails
Published 6:25 pm Monday, October 13, 2003
By By JOHN EBY / Niles Daily Star
CASSOPOLIS -- The Cass County Election Commission this morning again rejected language for the recall of Dowagiac Mayor Donald D. Lyons.
The Concerned Citizens Committee on Sept. 26 filed language to circulate recall petitions against Lyons.
County Clerk-Register Ann Simmons and Treasurer Linda Irwin concurred, indicating that with minor modification this language could be approved as clear.
In a two-page letter to the panel on behalf of Lyons delivered by City Clerk James E. Snow, he quotes from the city charter to argue that, "The legislative power of the city is vested exclusively in the council, except, as otherwise provided by law."
Further, "All ordinances, when enacted, shall be recorded by the clerk in a book called 'The Ordinance Book' and it shall be the duty of the mayor and the clerk to authenticate such record by their official signatures."
Dobrich said if CCC officers Scott James and Vicky Soja submit revised language, another hearing would be set in 10 to 20 days.
In a clarity hearing, allegations don't have to be true, just understandable enough for voters to consider and the target to respond. Dobrich read from Howard Township petitions to show how they made a "clear statement of action."
Simmons said, "I have a question that (Lyons) gave his approval' by signing as required in the charter when a majority of the council agrees on a legislative action.