Holding library director and village president office positions simultaneously is a concern for former interim council president

By Bruce Rolfe

Routine and some new business was covered at the first meeting for two new Climax Village Council members December 3, however one big surprise created some uneasiness.

Bill Lewis was elected to the village president position and Denise Pyle Munoz Pyle and Ben Moore were elected to trustee seats in the November general election. Moore was not present at the December 3 meeting.

Former Climax Village Council Interim President David Miller presented an opinion letter drafted by the attorney firm that represented the Village before the firm submitted a letter of resignation to represent the Village, he feels indicates current Village Council President and Lawrence Memorial District Library Director Bill Lewis should not hold both offices.

The Climax Crescent submitted a Freedom Of Information Act request to the Climax Village Council FOIA Coordinator for a copy of the letter and a detailed attorney invoice that reviews the cost to the Village to draft the opinion letter.

Village Clerk Linda Coburn said as of November 28, the Village had not received a copy of the attorney opinion letter or an invoice from the attorney to draft the letter. However, Miller handed a copy of the opinion letter to a Climax Crescent representative and to council members at the December 3 meeting. Miller also provided a copy of the Incompatible Public Offices Act 566 of 1978 and the Standards of Conduct for Public Officers and Employees (Excerpt) Act 196 of 1973 to the Crescent representative and council members.

The opinion letter from the attorney to the Village of Climax was dated November 11, 2024. Miller’s term as interim president ended at noon, November 20.

When addressing whether a person can simultaneously hold both positions of Village Council president and library director, the opinion letter, which came from Roxanne C. Seeber of Bauckham, Thall, Seeber, Kaufman, and Koches PC states it is the law firm’s opinion “that the two offices are incompatible and that any person holding both offices must resign (or not ascend to) at least one of the positions.”

The opinion letter also referenced the Incompatible Public Offices Act, MCL 15.181 et seq, “provides that a public officer shall not hold two or more incompatible offices at the same time.”

The opinion letter from the law firm also sites The Michigan Court of Appeals which has more particularly described a breach of duty to be where “an issue arises in which the interests of one constituency may conflict with the interests of a separate constituency represented by the official,” noting the Oakland County Prosecutor v Scott, 237 Mich. App 419, 423 (1999) case.

The Village of Climax owns the library building and leases the building to the Lawrence Memorial District Library for $1 a year. The Village of Climax is responsible for building maintenance. The Lawrence Memorial Library Board pays for energy costs. The lease also allows the Prairie Historical Society to use the PHS room in the library and the Village Council to use the PHS room for meetings. The lease ends December 31, 2024.

Lewis said the two sides plan to meet soon, hoping to negotiate a new lease agreement.

The law firm contends in its opinion letter the incompatibility could come into play during negotiations between the two sides.

The  opinion letter states, “in the case of the Village of Climax, the core issue and breach of duty arises from the lease agreement between the Village and the Library.” The letter states a person holding the position of both village president and library director would be simultaneously negotiating both sides of the contract.” The letter adds, “it would be impossible for that person to fairly represent both constituencies, as they are by definition at odds with one another in a lease negotiation.” The opinion letter continues, “this is not to say that the lease between the Village and the Library will generate significant dispute. However there is simply no way for one person to effectively advocate both sides of the contract.”

The opinion letter concludes by noting: “For these reasons, it is our opinion that the offices of Village President and Director of the Village Library are incompatible.”

However Lewis said he is not a voting member of the Library Board during negotiations with the Village Council. He said he is only an employee of the library, therefore he feels there would not be any incompatibility issue.

“I don’t have any vote on the board. I don’t negotiate. That’s negotiated by the administrative committee of the Library I’m not a member,” said Lewis.

Lewis said the day after the December 3 meeting he had read the letter but did not wish to give a response.

Miller said if Lewis does not resign from one of the positions, he plans to pursue legal options, using his own resources.

The Village is currently without an attorney firm after Bauckham, Thall, Seeber, Kaufman, & Koches PC, the village’s ordinance enforcement attorney and limited general counsel attorney, submitted a letter of resignation effective November 20, 2024.

 In other items covered at the meeting:

• The Council approved a recommendation by Lawrence Memorial District Library Board President Jamie Camp to re-appoint Wendell Stouffler and Constance (Stormy) Cook to new library board terms.

• Village President Bill Lewis reviewed the standing committees.

Public Safety, Law Enforcement & Disaster Planning Committee will be chaired by Nick Ludwig, with Ben Moore and Joline Chaney serving as committee members.

The Parks and Cemetery Committee will be chaired by Ben Moore, with Joline Chaney and Nick Ludwig serving as members.

The Water, Recycling & Spring Cleanup Committee will be chaired by Joline Chaney with Carolyn Kelly and Denise Munoz Pyle serving as members.

The Streets, Sidewalks, & Census Committee will be chaired by Janet Sutherland with Carolyn Kelly and Ben Moore serving as members.

The Ordinance, Zoning, Planning & Development Committee will be chaired by Carolyn Kelly, with Denise Munoz Pyle and Ben Moore serving as members.

The Finance, Insurance & Administration Committee will be chaired by Denise Munoz Pyle, with Nick Ludwig and Janet Sutherland serving as members.

The new committees, approved by a 5-0 margin with Bill Lewis abstaining (Ben Moore absent) went into affect after the December 3 meeting.

• Current Streets, Sidewalks & Census Committee Chairperson Joline Chaney said she received communication from MDOT that an application for the Local Grade Crossing Surface Program to replace the North Main Street railroad crossing in the village, was not approved. The MDOT email states due to the volume of requests, the crossing submitted for replacement did not meet the criteria for inclusion in the 2025 program. The MDOT email adds MDOT encourages the village to apply for the 2026 Local Grade Crossing Surface Program. The cost to replace the railroad crossing was estimated at $535,00, however if the Village would have been approved, Canadian National would have paid for 40 percent of the cost and the MDOT grant would have paid for the Village’s 60 percent.

• The Council approved (6-0) the new Household Hazardous Waste contract, allocating the same $760 that was budgeted last year. The contract allows village residents to use the HHW service at no charge.

• The Council approved a 2% Christmas bonus for all Village employees by a 5-0 margin with Joline Chaney abstaining. The 2% figure has been used in previous years and is in the budget. Village employees receiving the bonus are the three Department of Public Works employees, the clerk and treasurer.

• The Council unanimously approved an expense up to $2,500 for two tires for the Department of Public Works back hoe. DPW Manager T.J. Gibson said he received two estimates of $1,900 and $2,400.

• Ordinance, Zoning, Planning & Development Committee Chairperson Carolyn Kelly handed out a complaint form she hopes the Council will consider at a future meeting that requires a citizen to fill out when alerting the Village about any ordinance concerns.
Her suggestion was not to consider anonymous complaints. After the committee discusses the suggestions, the committee will report back to the Council for input.

• Village President Bill Lewis feels there is a need to begin discussion about having some office hours at the Village Hall to answer citizen questions.

• Village Council President Bill Lewis authorized Department of Public Works Manager T.J. Gibson to contact a locksmith for the cost to have the locks at the Village Hall changed and purchase 15 keys plus any additional keys for a backup DPW employee.

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