By By JOHN EBY / Dowagiac Daily News
CASSOPOLIS – A recall attempt aimed at four members of Cassopolis Village Council can move forward, the three-member Cass County Election Commission ruled Monday.
A three-member panel of Judge Susan Dobrich, County Clerk Barb Wilson and County Treasurer Linda Irwin "reluctantly" determined 3-0 that the latest ouster try by Shirley Hawkins, wife of council member Vincent Hawkins, is clear enough for the targeted officials to defend themselves and for voters to decide.
In a Sept. 27 filing, Hawkins targets Village President Michelle Andrews and Trustees Clare Mallo, Tim Swenor and Bob Yoder for recall.
Her previous recall language was rejected Sept. 20 as unclear.
Now the petition drive to collect signatures can begin.
The latest recall attempt will not be in time for the Nov. 7 general election ballot.
It could next appear on the ballot in February 2007, or even in May.
Swenor, Mallo and Yoder all attended the brief 11:15 hearing.
Hawkins and Andrews were not present.
Hawkins accuses Swenor of making "racial slurs against the people of Benton Harbor, Cassopolis and Vandalia." Swenor characterized the charge as "hearsay, first off," "frivolous" and "not true."
Recall language is evaluated for clarity – not accuracy or veracity.
Yoder is accused of "creating a subcommittee without council approval."
Mallo voted "against the creation of a summer youth recreation program."
Andrews supposedly neglected her responsibility as council president by "not providing supervision of the village manager and village attorney."
The result, the petition claimed, is that youth employment and recreation programs have stalled in Cassopolis.
In August 2005 a recall promoted by Walter Malone, who since served on and departed from the council, removed then-president Julia Bell, William Curry and Maxine Snipes.
Swenor, Malone and Andrews came on the council in the wake of that upheaval.
Prior to that recall going forward, the election commission twice denied recall petitions.
Mallo, 74, who has served on the council on and off for 10 years, said he based his youth camp vote on the basis of "you're not supposed to donate taxpayers' money."
"I live in a democracy," Mallo added. "I have a right to vote any way that I want to vote. When the presidential election comes up, do I have to ask Shirley Hawkins for assistance with how I should vote? I'd advise people not to sign the petition."
"I think it's a waste of my time and everyone else's to get another manager, when all this turmoil causes them to leave," Mallo said, referring to Kevin Gillette's four-month tenure before accepting a similar position in Waterviet. "It's pretty easy to see he left because of the turmoil."
Mallo, who volunteers as a mentor, bristles at the insinuation he is not interested in helping youths.
Hawkins has 90 days to gather signatures. When they are turned in will come into play. If it is before the Nov. 7 gubernatorial balloting she will need 70 signers, based on the last governor's election in 2002. After Nov. 7, however, the necessary number would be revised to reflect 25 percent of village voters who cast ballots.