The Milan News-Leader
A Heritage Newspaper
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Two officials fail to take office in time
Board members were not sworn in as required by law
By Brian Cox, Staff Writer
PUBLISHED: March 1, 2007
Two London Township officials may have unintentionally vacated their offices after the board failed to swear them in before a Jan. 1 deadline as required by state election laws.
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After being elected to office in August, Township Clerk Lewis Irby Jr. and Treasurer Chuck Stoll were required by law to take an oath of office by Jan. 1. Neither did so, however, believing they had taken the necessary oath in May when they were appointed by the board to fill positions left vacant by a successful recall of the previous clerk and treasurer.
Once the Jan. 1 deadline passed, the offices of clerk and treasurer were considered vacated and the Township Board had 45 calendar days to make appointments to the open positions, according to state law.
Township resident and board observer Aretta Schils, who was deputy clerk under recalled Clerk Larry Lee, claims the board failed to make the appointments within the 45 days, thereby making a special election necessary to fill the technically vacated seats.
Township officials are trying to figure out how to proceed and would prefer to avoid the cost and complication of a special election.
"We're still trying to sort this thing out," Irby said. "I'm hearing one thing from Monroe and another thing from Lansing."
Monroe County Clerk Geri Allen believes a special election will have to be held Aug. 7 and that the positions will have to remain vacated until then.
"(London Township is) going to be all that time without a treasurer or clerk," Allen said. "And they will have to pay for the special election."
Allen said she won't know the cost tied to the election until it's determined how many ballots need to be printed.
Township Supervisor David Beck asserts that Irby and Stoll were sworn in Feb. 12 after the oversight was brought to the board's attention by a resident. He says his reading of the law allows the board to make the appointments at a special meeting March 10.
"If my interpretation of the law is correct, a special election will not be necessary," Beck said, adding he was seeking confirmation from the township's attorney and state officials.
Beck said he believed a simple solution to the problem can be found and that the issue has been raised by Schils and others to "cause turmoil in the township."
If the board is prohibited by law to make the appointments, Allen said the board could nonetheless vote to have Irby and Stoll fill the clerk and treasurer's duties as citizens without a vote on the board.
Beck said that is the course he would follow if necessary.
"I'll still be appointing the same two gentlemen," he said.
Staff Writer Brian Cox can be reached at 429-7380 or bcox@heritage.com.
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