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Iron Mountain Recall

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A recall election is a legal, time-honored, democratic procedure in local American political jurisdictions by which voters can correct a mistake, misjudgment, misrepresentation, and/or malfeasance by removing from office, by ballot, one or more elected officials who are not representing the voters in a manner the voters desire and in which the voters originally believed the officials would.  Recall was one of the major electoral reforms advocated by the Progressive movement in the United States during the late 19th and early 20th centuries.

Presently, citizens of Iron Mountain, Michigan, petitioning the Dickinson County Electoral Commission, are initiating the recall procedure in an attempt to recall three of the City Council's members: Daniel Burke, Eden Caudell, and Robin Tchokreff, all of whom were elected in November of 2005 and took office in January 2006.  These three were not up for re-election when three of their political allies and associates, including the mayor, were soundly removed from the council in the general election of November 2007.  The principal reasoning for this recall is that much of the citizenry and other, newly elected members of the council believe these three are behaving obstructively and governing irresponsibly (see the following information on this page).

Your signature on the petition to recall does not go toward removing a council member from office.  Your signature is not a vote.  Your signature is your request or your permission to put the recall question on the ballot and to ask the general public to vote yes or no for removal at the next scheduled election.  Since it is an issue being added to an already scheduled election, there is no additional cost to you individually or the city collectively -- the election is a regularly scheduled one, anyway.

Presiding authority: Dolly Cook, Dickinson County Clerk.  Phone her at (906) 774-0988, fax her at (906) 774-4660, or visit her at the courthouse to get detailed official information about this recall, recalls generally, what purpose they serve, and how they work.

Some of the principal information about this recall election is on this page.  If suitable, more will be added as it becomes available.  Otherwise, for details and an opportunity to sign a petition by May 2, 2008, that will put this recall election on the ballot of August 5, 2008, please telephone

Ward 1:  Dale Alessandrini (906) 396-8008 or Barb Toedter (906) 779-1347,

Ward 2:  Julie Badini (906) 779-1326, Ted Corombos (906) 774-7367, or Katie Hill (906) 360-3310,

Ward 3:  Bob Moraska (906) or Carol Schneider (906) 779-5940.

Ask for information regarding the ongoing recall procedure.

For additional information, documentation, smoking guns, anti-gossip, and similar items of reason, argument, and evidence (excluding rumor, personal attacks, and unsubstantiated accusations), and/or directions to more of the same from other sources, please telephone council members

Dave Farragh (906) 271-0124, Tina Peterson (906) 776-1150, and Bruce Rosen (906) 250-0735.

For more public-affairs news, information, and opinions regarding this issue and others -- or to express your opinions -- follow these links to <The Daily News>, to <Iron Mountain Issues>, and to <WLUC TV6>.

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The petition language (approved unanimously on March 26, 2008, by the Dickinson County Election Commission) for the recall of

 

Daniel Burke:

 

Iron Mountain City Council Member Daniel Burke voted to spend more than $200,000 for a city-wide reassessment and did not reprimand the City Manager after the reassessment failed to update the tax rolls.  He has failed to hold the city manager accountable for instituting and perpetuating unlawful working conditions in the Iron Mountain Fire Department, costing city taxpayers $23,000 in fines to date.  He has voted to approve thousands of dollars in unauthorized expenditures for engineering studies and Police Academy training that were initiated by the City Manager without council approval.  In order to validate the unauthorized Police Academy training retroactively, he voted to approve a police contract that included an early-retirement provision costing the Police and Firemen's Pension Fund $87,038.  He also cast the decisive vote in the Pension Board's acceptance of the early retirement.  When unauthorized expenditures were brought to his attention, he failed to question them or reprimand the city manager for them, but, instead voted to retain him and give him a 4% bonus.  He attempted to intimidate a constituent by filing a frivolous police report that was immediately dismissed by the County Prosecutor.

 

Eden Caudell: 

 

Iron Mountain City Council member Eden Caudell has enriched her family at public expense by illegally recommending her mother for city employment, voting to pay her mother's compensation for that illegal employment, and failing to disclose their family relationship.  She voted to spend more than $200,000 for a city-wide reassessment and did not reprimand the City Manager after the reassessment failed to update the tax rolls.  She has failed to hold the City Manager accountable for instituting and perpetuating unlawful working conditions in the Iron Mountain Fire Department, costing city taxpayers $23,000 in fines to date.  She has voted to approve thousands of dollars in unauthorized expenditures for engineering studies and Police Academy training that were initiated by the city manager without council approval. In order to validate the unauthorized Police Academy training retroactively, she voted to approve a police contract that included an early-retirement provision costing the Police and firemen's Pension Fund $87,038 according to the fund's actuarian.  When these unauthorized expenditures were brought to her attention, she failed to question them or reprimand the city manager for them, but voted to retain him and gave him a 4% bonus while dismissing citizen complaints.

 

Robin Tchokreff: 

 

Iron Mountain City Council member Robin Tchokreff voted to spend more than $200,000 for a city-wide reassessment and did not reprimand the City Manager after the assessment failed to update the tax rolls.  He voted to institute and perpetuate unlawful working conditions in the Iron Mountain Fire Department, costing city taxpayers $23,000 in fines to date.  He has voted to approve thousands of dollars in unauthorized expenditures for engineering studies and Police Academy training that were initiated by the city manager without council approval.  In Order to validate the unauthorized Police Academy training retroactively, he voted to approve a police contract that included an early-retirement provision costing the Police and Firemen's Pension Fund $87,038, according to the fund's actuarian.  When these unauthorized expenditures were brought to his attention, he failed to question them or reprimand the city manager for them, but instead voted to retain him and give him a 4% bonus while repeatedly dismissing citizen complaints.

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John Marquart – City Manager Evaluation

[Editor's Note: This evaluation is included to provide context and perspective for the recall petition's language, above.  The city council's authors provided the yellow highlighting.]

 1. Reassessment:  It has been stated that the reassessment was a State of Michigan mandate.  This is incorrectOver $200,000 has been spent with nothing much accomplished.  The city attorney advised the council and the city manager not to open the single bid from Eagle Appraisals which is owned by Rich Brook’s wife.  Then, a separate contract was entered into with Brook personally under a very rushed scenario that was totally unjustified under the circumstances.  Marquart hired Brook as a part-time city employee (assessor) then contracted with him to do a complete reappraisal.  Upon finding that  Brook was employing his brother-in-law, a convicted felon (David Legge) for identity theft, John Marquart stated publicly that he called Eagle Appraisal, allegedly a contractor for hiring house measuring personnel, to relieve Legge of his job.  There was never a contract with Eagle Appraisal for anything.  Invoices submitted by Brook were not detailed and still approved and initialed by Marquart.  It is impossible to justify $35,000 and $40,000 for first two months, just as it is impossible to justify homes being inspected before a contract was signed between Brook and the city.  The reassessment was supposed to be completed for 2007 taxes.  After spending an enormous amount, we have no idea which properties were reassessed -- therefore we may have considerable future expenses.  We still have no indication when it will be completed.  In 1994 and 1995, the whole City of Iron Mountain was reassessed by contract for less than $20,000.  Management has stated it has been 30 years since the last reassessment -- this is not true.

The reassessment was voted on a few weeks after the budget was completed.  There was no allowance for it in the city budget.  This issue created a $200,000 shortfall in our city budget, a fact our City Manager Marquart certainly was aware of, but said nothing.  In several Public Council meetings, John Marquart stated that the reassessment was 80% and 90% complete.  This, and many other peculiar situations, should inspire a formal investigation by the city council as authorized by our city charter.

[Editor's Note, 04|02|08:  A formal investigation is now underway regarding the reassessment.]

2. Fire Department:  Management, by using unfair labor practices, caused and lost a lawsuit that cost the city over $30,000.  Four fire fighters were fired without serious thought and consideration given to an efficient and cost effective alternative plan.  This has resulted in a division between our police and fire departments, which has had national negative exposure.  Between the overtime for the police and fire departments, bonuses to police officers for fire certification, and MIOSHA fines, we have spent more money for less fire protection in our city.  We still do not have police officers who can enter a building to fight a fire other than the main floor of that building.  

3. MIOSHA:  Within the last year we have paid first $3,000 and now $20,000 in fines.  This is a direct result of actions and omissions of the city manager.  When the last set of fines were brought to attention of the council by citizens at the October 1 [2007] meeting, John Marquart lied and stated he had just received the citations.  The city council was not informed of these violations until the citizens made them aware of them.  These citations were signed for on August 10, 2007. They were sent via registered mail to a wrong address, which was apparently provided to MIOSHA, yet they arrived within three days at city hall.  A MIOSHA employee in Lansing verbally confirmed that the vacant rental address was provided by John Marquart.  In a letter dated October 15 [2007] to MIOSHA, after it was already too late to appeal the fines, John Marquart asked for more time due to the fact that the citations went to the wrong address.  He was denied. The $20,000 fine was paid for in February of 2008.

Regarding the original citations, Marquart was interviewed by and wrote an article in the Daily News, stating that our fire department was, “None of their business”, in reference to the State of Michigan MIOSHA division.  If the current situation is not successfully resolved, we could receive up to an additional $200,000 in fines.  We are still in violation of State laws governing fire suppression in our city.  Beyond the financial liability present, the citizens of Iron Mountain are still at risk due to the inferior fire fighting capabilities present.  In addition, the city council and the city manager could be personally liable in the event that a citizen, fire fighter, or police officer is injured or loss of life occurs.

4. Police Officer Early Retirement: On September 18, 2007, the police department's contract with the city was signed.  In that contract, the early retirement of a police officer was agreed upon, which provided that this officer was allowed to retire a year and a half early.  Michigan Public Act 314 requires that the city council and city pension board complete an actuarial analysis to determine the costs in changes in benefits, and specifically requires that the city council review such analysis for 7 days prior to entering into any collective bargaining agreement.  The city management did not comply with this mandate, therefore the city council was unaware that this early retirement would cost the taxpayers $87,038.00.

On December 19, 2007, three days prior to actual retirement of the police officer, the Police and Fire Pension Board convened to discuss and move on this issue.  It was moved by Burke supported by Gering to allow the early retirement contingent upon a legal opinion stating that the retirement window was a one time opportunity.  To date this legal opinion has not been rendered.  Considering the motion that carried was not adhered to, the early retirement could be considered illegal.  This will cost the P&F pension fund and our taxpayers $87,038.00, which can be disputed by any employee affected by this adverse action.  Once again, this places our city in financial harm’s way, and places legal compliance in question.

5. ISO (Insurance Service Organization) Issue:  This situation has been going on for years now.  The ISO has sent numerous letters in an attempt to rate our city.  Many, if not all, of these letters were ignored by the city manager.  We have recently received notice that our rating will go from 4 to 6, a 50% increase in our rating.  This could result in large insurance increases to the entire community.  The unresponsiveness of the city manager shows very poor management practices and may end up costing us all who own property in Iron Mountain.  Most citizens do not understand that there is a lag time between our adjusted ISO rating and increased insurance rates.  This can be a year or more -- however we will end up paying much more for our business and home insurance policies.

6. Rental Ordinance:  Marquart is personally liable for causing the lawsuit with the Landlords Association by taking negotiations out of the hands of the Planning Board.  If Marquart would have just taken a leadership role and sat down with the landlords, a quick solution would have been possible.  This is now happening, but only after a two year court battle and $15,000 in defending the proposed ordinance.  The community was split apart when it was never necessary.  The fees that were proposed exceed the Bolt vs. City of Lansing guidelines.  The lawsuit has been a needless cost to taxpayers when, with simple communication, a solution was at hand.

 7. Police Certification:  Without council approval, City Manager Marquart sent Adam Ray to NMU (Northern Michigan University) for police certification.  This was at a cost of $9,172.  Normal hiring practices in the last twenty years have been to hire already certified police officers who have completed and paid for their own training at no cost to the city.  The spending limit of $3,500 dollars, which is stipulated by our city policies, have once again been violated by our city manager.

8. Sewer back-up:  Ron Giguerre experienced a sewage backup in his home.  When he informed city management, he was promised that he would be taken care of.  After six months and attending a number of council meetings, this was finally addressed and settled for $20,000 only after Mr. Giguerre engaged an attorney.  City management stated that the city did not have liability based upon the rules within the State of Michigan regarding sewage backups.  The city applied high pressure to the lines resulting in the backup, therefore Mr. Giguerre would have been on solid legal footing.  Supporting not fighting our citizens, when it is the right thing to do, is a critical responsibility of our city management.

 9. Water Main break:  John Marquart would not allow city crews to complete the cleanup of Mrs. Occhiettti’s basement.  Public outcry, volunteer cleanup efforts, and broad news coverage resulted in a settlement of $15,000.

10. Khoury Property:  $875,000 was spent to purchase the Khoury property FOR the Mariucci group with little or no notice. Why did the city have to buy property for a private enterprise?  John Marquart assured the TIFA Board that the city would receive the full purchase price by December 31, 2007 if negotiations were not completed with the Mariucci group by this date.  This was not completed and the property is still owned and paid for by our city.  The purchase of this property was not in the TIFA plan.  If the Mariucci Group proceeds with this development, they will pay the city $300,000 less than TIFA paid for this property.   

The city has stated it plans to pay for the development of the infrastructure to support the Mariucci group project.  This infrastructure includes water lines, sewage lines, storm drains, and streets.  Yet with regard to the Millie Hill Subdivision development, the developer is paying for same infrastructure requirements.  Why are we not treating all development projects in Iron Mountain equally?

11. STS (Engineering Firm):  STS Consultants have received over $700,000 of work from the city since March 2006.  Design work on City Park plans, downtown pavilion design, band shell designs and other projects were ordered without council approval.  The spending limit of $3,500.00 dollars which is stipulated by our city policy has been violated by our city manager on numerous occasions.

 12. TIFA (Tax Increment Financing Authority):  Our city manager has made illegal requests of the TIFA board for projects, some of which are not even in the TIFA district.  Marquart proposed that TIFA pay for facades on privately owned buildings, and spend $200,000 on trails outside of the TIFA District.

13. “A” Street Project:  A project that was presented to the Council by John Marquart, and stated to cost $1.2 million dollars.  The Council was advised that in order to secure a $41,000 Jobs Today Grant, we should borrow about $435,000 internally. Only about $100,000 of the $1.2 million was not going to have to be financed, in order to not lose the Jobs Today Grant. The State Revolving Funds may not ever be available, according to Chip Heckathorn in Lansing.  Management should not present such risky options, such as borrowing internally, which is also not allowed by our City Charter.  In hindsight, our City may have gained more points and have been higher on the SRF list if the West Side lift station was listed first instead of second, due to its critical nature.  The "A" Street Project was determined to be a one-block issue of sewer replacement.  It was research by new council members that revealed this, and the cost is now a fraction ($36,000) of the original, projected cost. The City Manager did not research this, though that is his job.  STS was paid over $36,000 for design work when nothing was approved or decided upon at the city council level. The spending limit of $3,500 dollars which is stipulated by our city policy has been violated once again by our city manager.

14. Center for Regional Excellence Grant:  This Grant was originally for a regional approach to public safety and then code enforcement was later added.  John Marquart, without permission from the Grant officials, changed the grant to Parks and Recreation. He was chastised by Maxine Berman in Lansing, which was witnessed by a Kingsford official, and told that he could not change the Grant to whatever he wanted.  John Marquart still proceeded to adhere to the Parks direction of the Grant.  When questioned publicly at Council meetings about the Grant, John Marquart stated that we were receiving the Grant.  Maxine Berman confirmed that the follow-up paperwork needed to secure the Grant had not ever been filed, that we did not exist to them, and that we would not be receiving the Grant.  The taxpayers have paid Ann Henricksen and any other cost incurred by the CRE Grant initial award.

Ann Henricksen received $1,200 from the city for work that was never authorized by anyone.  She is the mother of a council member, Eden Caudell, who voted to approve the payment without comment.  Caudell neither abstained nor mentioned that Ann Henricksen is her mother and therefore could not approve this item on the vendors report.  During the most recent council meeting Eden Caudell admitted that she introduced her mother to John Marquart for this position with the city.  This is a clear violation of section 4.9 of our city charter.  This section clearly prohibits any payment or employment of a council member’s relative by the city.

The above issues are supported by documentation that each council person has received. Several council members declined to receive the documentation.  This information has been jointly researched and published by the individuals listed below.

Council Members:

 906-271-0124         906-776-1150         906-250-0735

[Editor's Note: The items enumerated above were also submitted in a web release on April 1, 2008, by Council Members Farragh, Peterson, and Rosen as "Reasons for Recall."]
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Role of the City Manager:

1.   A City Manager is an employee of the City, and of the taxpayers, and is advisory to the City Council.

2.   It is not proper for a City Manager to implement expenditures without full council approval.

3.   If the Council asks for an item to be added to the agenda, it is not the City Manager’s place to deny that request.

4.   It is not proper for the City Manager to act in such a way as to incur fines due to his personal opinion of an Agency, or negligence of paperwork.

5.   It is not proper for the City Manager to act in such a way as to incur disputes that require legal costs paid by the taxpayers. His main objective should be to avoid lawsuits.

6.   It is not proper for the City Manager to be involved in the election process in any way.

7.   It is not proper for the City Manager to be impulsive with the taxpayer’s money, to enter into risky purchases or financial obligations, or to enter into purchases without legal agreements.

8.   It is not proper for the City Manager to mislead the Council with untrue information.

9.   It is not proper for the City Manager to mislead the Public with untrue information.

10. It is not proper for the City Manager to intimidate City employees.

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Clarification

On Tuesday, March 25, 2008, The Iron Mountain-Kingsford Area Daily News published the following anonymous message, presumably as a paid advertisement and sarcasm from the recall election's opponents.  Some readers misunderstood it and thought that the citizens initiating and supporting the recall bought and published the ad.  On the contrary: the citizens initiating and supporting the recall procedure have nothing to do with this ad.  They both denounce and reject it.

JOIN THE FIGHT
TO STOP PROGRESS IN IRON MOUNTAIN!

HELP, BY SIGNING A RECALL PETITION. PUT
YOUR NAME AND ADDRESS INTO THE PUBLIC
RECORD SO ALL CAN SEE THAT YOU SUPPORT
STOPPING PROGRESS IN OUR TOWN. IT WILL BE
HARD TO CONTINUE WITH THE CURRENT
CAMPAIGN OF MISTRUTH'S [sic] WITHOUT YOUR
SUPPORT. PLEASE E-MAIL YOUR NEW IDEAS ON
HOW TO MAKE OTHERS LOOK BAD. THE ONES
WE ARE CURRENTLY USING ARE STARTING TO
GET OLD.
SEND EMAILS TO TEDAND3@YAHOO.COM

Classy.

Be careful about this.  It would be a good idea not to write to the listed email address.  You don't know who you'll be giving your address to, nor do you know what you might be getting yourself into.  You can bet it's nothing pleasant.

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Followup, The Daily News, "Letters to the Editor," Thursday, March 27, 2008, regarding the advertisement above:
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Deceptive advertisement

EDITOR: The March 25 edition of The Daily News contained a deceptive advertisement from opponents of our recall effort. We believe that this advertisement violated Michigan campaign-finance laws by, among other defects, failing to disclose the identity of the advertiser.

Recall supporters will seek full legal redress for this defamatory advertisement and any other illegal acts that our opponents may commit.

We look forward to availing ourselves of every legal and political opportunity to save our community from the continuing reign of lawlessness, of which this advertisement is the latest example.

Ted Corombos

Iron Mountain

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Web release, Tuesday, April 1, 2008:
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Bruce J. Rosen, Iron Mountain City Council Member, endorses recall petitions
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I would like to announce that I endorse the recall petitions that are now being circulated against Robin Tchokreff, Eden Caudell, and Dan Burke.

I have taken exact quotations from Robin Tchokreff's, Eden Caudell's, and Dan Burke's statements, which appeared in The Daily News.  After the exact quotations from each council member's article, I have answered each point that they attempted to make.

Robin Tchokreff’s response to the recall petition

Tchokreff’s Point:  Prior to the hiring of John Marquart, there had not been any notable progress in the city for many years. We had the same ‘good old boy’ city management style led by Ted Corombos and Jim Urbany, for 28 years.

My Counterpoint:  Prior to Marquart, our city was in excellent financial condition. We had a health insurance fund balance of $1.3 million compared to nothing today. In fact, when you analyze our fund balances that are projected through FY 2009, we have reduced cash balances in excess of $2.9 million. As a city council member, he must take responsibility for this.

Tchokreff’s Point:  The ‘Outspoken Minority’ managed to fire every city manager after Jim Urbany.

My Counterpoint Perry Franzoi was the only manager hired between Jim Urbany and John Marquart. He resigned.  He was not fired. Robin Tchokreff voted along with all city council members to accept this resignation.

Tchokreff’s Point:  The three most recently seated council members — Dave Farragh, Tina Peterson, and Bruce Rosen — began their first meeting in 2008 with a request to freeze the budget, drop all city fees, and get the resignation of the city manager.

My Counterpoint:  During the first council meeting, I moved to freeze all extraordinary expenditures in our city. This was due to the extreme expenditures with STS, Ann Henricksen, TIFA, lawsuits, etc. With discussion that ensued, I rescinded my motion until we could work with the budget as a council. It was never suggested or moved that all city fees were to be dropped. The resignation of the city manager was not even mentioned at that meeting. In fact, this council has never asked for his resignation. I did move to fire our city manager after our city manager review during the March 3, 2008 meeting. This was based upon a preponderance of evidence presented, in which our city charter and Michigan State Laws were not adhered to. [See the city manager's evaluation, up the page.]

Tchokreff’s Point:  John Marquart came to Iron Mountain with many impressive credentials.

My Counterpoint:  I don’t know what Tchokreff meant by “impressive credentials.”  However, that which appears below certainly doesn’t qualify in my mind.

Dormont council cites friction in ousting manager

By Vince Guerrieri and Dan Casciato
TRIBUNE-REVIEW
Tuesday, January 6, 2004

< Link to article's original publication, Pittsburgh Tribune-Review >

Dormont Council fired borough Manager John Marquart on Monday night, citing friction between him and some council members and charging that he kept the panel in the dark on some decisions.

Council voted 5-2 to seek a replacement for Marquart, hired in the fall of 2001 to succeed Deborah Grass. Council President Ed Good and Councilwoman Linda Kitchen dissented.

"This is a disgrace," Good said. "I feel very sorry that this action was taken."

It's the second time in five years Marquart has been fired as a borough manager. Wilkinsburg ousted him in January 1999.

Several council members who voted to oust Marquart credited him for his skill, knowledge and expertise, but complained that he sometimes failed to inform them before making decisions. Councilman Richard Grubb pointed to the construction of a salt storage facility as an example.

"It's a very ugly building, was built in the wrong place, is not large enough and its functionality is severely limited at best," Grubb said. "This facility should have been discussed more thoroughly, but we didn't even have one meeting to discuss it."

Councilwoman Louise Pitcher accused Marquart of setting up a PNC Bank account without council approval. Marquart denied the allegation.

"This was a mistake by the bank," Marquart said. "The account was canceled after I investigated." 
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Wilkinsburg council fires borough manager

Members split, 5-3, in sudden ouster

Friday, January 08, 1999
By Eleanor Chute, Post-Gazette Staff Writer

< Link to article's original publication, Pittsburgh Post-Gazette >

John Marquart had a long to-do list for 1999 in Wilkinsburg : Finish the sale of tax liens. Negotiate three union contracts. Encourage development. Beautify Ardmore Boulevard . Plan improvements and marketing for the business district. Develop closer ties with community organizations and foundations.

But that list was prepared before he was fired as borough manager.

Tchokreff’s Point:  This recall petition has nothing to do with the job that the incumbent council members have been doing. It is about finding a way to get rid of the city manager, John Marquart.

My Counterpoint:  The recall petitions have everything to do with the three incumbents being recalled. It is each council person’s duty and responsibility to ensure our city charter and Michigan State Laws have been adhered to. The MIOSHA fines, our city budget, hiring practices, property reassessment, and fiscal responsibility are examples of inappropriate council initiatives that have been disregarded by the three council members being recalled.  

Eden Caudell’s response to the recall petition

Caudell’s Point But I am sad and disappointed in this. Since January, I thought that we could try and put aside our differences and reach a common ground on the council. I have tried to listen and weigh the issues, but in the three months since the three new members have been on the council, that hasn’t happened. They have run a campaign of hate with their goal to get rid of John [Marquart] and they are not going to stop.

My Counterpoint Our differences do not include personalities or philosophies. They are simply the issues that are critical to our city. The issues brought to light during our March 3, 2008 council meeting were as follows:

Reassessment – Fire Department Expense and Understaffing – MIOSHA fines – Police Officer Early Retirement – ISO Rating – Police Certification and Hiring Practices – Sewer Backup – Water main Break – Rental Housing Ordinance – STS Engineering – Khoury Property Purchase and Infrastructure Costs – “A” Street Project – Center for Regional Excellence Grant

If Ms. Caudell would have read and understood all the information compiled and given to her at our city manager’s review, she would have voted in a responsible fashion. I did state during the council meeting that seven of the above issues have violated either our city charter or Michigan State Law.

This has never involved a “campaign of hate.”  It is based solely on issues that will not go away until each is addressed and dealt with.

Caudell’s Point:  In the recall language, the first item states that Caudell enriched her family at public expense. She said this is due to the fact that her mother was hired to do work for the Centers for Regional Excellence grant.

My mother was hired to do work for this grant that the city and three other municipalities had received. Never did I think that the money came from the city and not the grant to pay her. The grant fell through due to no fault of my mother or I, and I didn’t know that she was paid out of the general fund for the city of Iron Mountain.

My Counterpoint Center for Regional Excellence Grant:  This Grant was originally for a regional approach to public safety and then code enforcement was later added. John Marquart, without permission from the Grant officials, changed the grant to Parks and Recreation. He was chastised by Maxine Berman in Lansing , which was witnessed by a Kingsford official, and told that he could not change the Grant to whatever he wanted. John Marquart still proceeded to adhere to the Parks direction of the Grant. When questioned publicly at Council meetings about the grant, John Marquart stated that we were receiving the Grant. Maxine Berman confirmed that the follow-up paperwork needed to secure the Grant had not ever been filed, that we did not exist to them, and we would not be receiving the Grant. The taxpayers have paid Ann Henricksen and any other cost incurred by the CRE Grant initial award.

 Ann Henricksen received $1,200.00 from the city for work that was never authorized by anyone.  She is the mother of a council member, Eden Caudell, who voted to approve the payment without comment.  Caudell neither abstained nor mentioned that Ann Henricksen is her mother and therefore could not approve this item on the vendors report. During the most recent council meeting, Eden Caudell admitted that she introduced her mother to John Marquart for this position with the city. This is a clear violation of section 4.9 of our city charter. This section clearly prohibits any payment or employment of a council member’s relative by the city. Our city attorney Gerry Pirkola rendered a legal opinion stating that Eden Caudell was in violation of our city charter.

Caudell’s Point:  They [three new council members] came up with a list of 17 items for us to use in the evaluation instead of the form we have used in the past. The fines and certain things that happened in the last year, we were not all happy with. But we can’t fire him for everything on that list. The grievances on their list became the performance evaluation. I had looked back over the last year and gave careful thought to this and what needed improvement when I made my decision.

My Counterpoint:  The form that was used did not deal with any of the critical issues that we face now. These decisions were inherited by the new council members. They alone represent the path we are traveling due to previous council decisions. When it is proven (which it was) that our city charter and Michigan State Laws have been violated, I believe it is a council member’s duty and responsibility to take appropriate action.  

Dan Burke’s response to the recall petition

He listed some of the accomplishments from his first two years as follows:

Burke’s Point:  I proactively introduced a neighborhood watch.

My Counterpoint:  I live in the third ward, which is the ward Mr. Burke represents, and I have never heard of such a program. I have also spoken to several other residents there and they have not heard of a neighborhood watch program.

Burke’s Point:  I am the only person who had enough nerve to stand up to the previous owners of the old hospital so they would take responsibility of the property or sell it. This took some time, but with my persistence, the old hospital finally was demolished.

Counterpoint:  I received a call from Mr. Larry Haag, who purchased the old hospital property from Mr. Dale Alessandrini. Mr. Haag was very upset that Mr. Burke was taking credit for something he had no involvement in.

Burke’s Point:  I am on the Parks and Recreation Committee, Union Negotiation Committee, Public Safety Committee, and Streets and Lights Committee.

My Counterpoint:  We do not have a Public Safety Committee or a Streets and Lights Committee.

Burke’s Point:  I feel this recall is ridiculous and feel it was brought about by Ted Corombos. Mr. Corombos never quite gave up his mayor seat. He still wants his hands in all decisions regarding the city. He tries to manipulate the town into seeing half truths and lies to try to fire our city manager. Even with the new city council, things still aren’t going his way. So this is why I think he is pushing for the recall.

My Counterpoint:  Mr.Ted Corombos has been nothing if not honest. If you state that someone promotes half truths and lies, you need to be specific as to those allegations.

Burke’s Point  I hope this opens the eyes of all the good citizens in Ward 3. These two years have been growing years for Iron Mountain . The past city council had made some great strides in promoting the growth of this city. Two new hotels were built, Bay College campus and Walgreens came to town. This does not just happen. These companies needed to see growth in the city before agreeing to build here. I was hoping the new city council would continue with this progress, but they can’t forget the past and move forward.

My Counterpoint With all the financial, legal, and department issues that have been presented, it is imperative that our city council has the ability to recognize and understand where we are. By simply stating that we have made great strides in promoting the growth of this city, does not make it so. Statements like “move forward” and “continue with this progress” would be great bumper stickers.  However, with all the real issues we must deal with, the answers are slightly more difficult than socially acceptable phrases. Our past often becomes our future.  I hope not in this case.  

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Recently, The Daily News published an ad and a letter in the Speak Out section warning people that when they sign a recall petition their names will be on public record. In my opinion this is blatant intimidation and Hitler-style scare tactics that we all should be upset with. The basic premise of our democracy is threatened with these tactics. The newspaper has promised to publish an ad that hopefully discloses the person or group who sponsored that ad. IT WAS NOT TED COROMBUS AND THE 3 NEW COUNCIL MEMBERS as was implied by the yahoo email address shown in that ad. We must all fight, with conviction that harbors no hesitation or fear, to keep our country free and democratic. I encourage anyone who disagrees with my position on any issue that has been published or stated, to contact me to discuss their concerns.

Sincerely,

Bruce J. Rosen
Iron Mountain City Council Member
906-250-0735

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Council members support recall

Three Iron Mountain city council members are targeted.

IRON MOUNTAIN -- Three newly elected city council members have publicly come out in support of an ongoing recall effort against council members Eden Caudell, Robin Tchokreff, and Dan Burke.

"We inherited an awful lot of problems," said recall supporter and councilman Bruce Rosen, "and, if we don't deal with them pragmatically, this city, quite honestly, is in trouble."

He accuses the three council members of numerous unfair and illegal practices, including voting for unlawful working conditions, failing to hold City Manager John Marquart accountable, and approving thousands of dollars in unauthorized expenditures.

But those facing recall say the effort is hurting the city.

"It's issues that they just can't let go of," Mayor Pro-Temp Eden Caudell said.  "There comes a point where you need to move on and act like adults and just work together.  We have extended that olive branch time and time again."

"They never came into this ballgame to say, 'Hey what's going on, who's on first, what are we up against, what's in the pot cooking?'" Councilman Robin Tchokreff explained.  "They came in with an agenda from the past and they're constantly picking at the past."

Petitioners now have until May 2 to collect enough signatures, about 225 per council member, to get the recall petitions on August's ballot.

< Link to story at WLUC online. >

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Councilman charges councilwoman with assault

He says she threw a pen at him.

IRON MOUNTAIN -- Iron Mountain politics hasn't been especially pretty in recent years, and now it's gotten just a little messier.

Councilman Dan Burke has filed assault charges against Councilwoman Tina Peterson.  He says she threw a pen at him at a Parks and Recreation Committee meeting last week.

"She was swearing at me and throwing an object at me at the same time, and then she stormed out," said Burke.  "There is no way it was an accident."

Peterson declined TV6's request to speak on camera about the incident, but she did say she had intended to throw the pen to a nearby table, and that any contact with Burke was accidental.

The Dickinson County Prosecutor is now reviewing the charges.

< Link to story at WLUC online. >

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Councilwoman responds to councilman's charges

I know people are weary of what they hear about Politics in Iron Mountain.  Unfortunately, they are also usually only hearing one side of things. I had always thought that taking the "high road" meant to not engage with people that are playing dirty, and to have faith that the "truth would always prevail."

I am now learning, the hard way, that Truth needs a little help in getting to see the light of day.

After about 45 minutes of a meeting where Eden Caudell and Dan Burke were continuously rude, were not allowing me to finish sentences or have any input; After I was called "petty" for stressing that the public should have input into the future plans of City Park, I realized that this situation was impossible. In frustration, I said, "You people blow my mind," but I had a swear in there. I stood up, and tried to toss my pen to the table with my left hand. I am right handed. The pen did not go to the middle of the table. As if in nightmarish slow motion, it went much further and hit Dan's jaw instead. It was an inexpensive, plastic pen. It did not hurt him, did not leave a mark, and he did not even flinch.

Eden said, "Oh sure, Tina, swear."

I was horrified, was crying yet again, and left the room...I didn't storm out.

Although I know that my behavior was not appropriate, I have to admit that I am extremely ashamed of crumbling to what felt like bullying from them. I am just too old to let someone reduce me to tears, but this whole process has been one situation after another of being portrayed as the opposite of who we really are...by people who haven't seemed to really care about the residents.

We three have worked so hard, week after week, to mend fences that they tore apart with State Agencies, Community Associations, and Developers. We have also worked diligently on solutions for clean drinking water, public safety, open government, citizen-deserved respect, health care costs, budget concerns, and assertive economic lobbying for family-sustaining jobs.

We have put forward very progressive thoughts, ideas, and motions; only to have them turned down or out-voted 4 to 3...repeatedly.

In executive sessions; we have witnessed the worst of their behavior, fiscal responsibility, and flabbergasting lack of ethics from those 4 and the City Manager. Not to mention they were downright mean and condescending.

They, and he, blamed everyone else; including City employees, City Departments, and surrounding communities for what the City Manager had done wrong. Situations that had cost our City $230,000, $23,000, and tens of thousands in unauthorized spending: All were scenarios with direct and clear responsibility belonging to the City Manager and previous council. This is not chump change here. But somehow to them, it was everyone else's fault...

I wanted to be a council member, not a politician. I was not born with the right kind of skin or heart for this. But every time I felt pushed to quit and run, I would see the faces of the people that put their trust in me. I also do not want my son to think that I'm a quitter or that you should ever, ever give up on the "truth prevailing."

To Ms. Stimmel, it may seem like chaos and I understand that it is draining; but it became chaotic when people started rocking the boat with the truth and documentation. It became chaotic when residents started revealing the lies, illegalities, and improper procedures of our local government.

To REVEAL these situations is not doing wrong: Causing and participating in those situations IS the wrongdoing.

The only way for them to try and cover up was to attack the messengers: Their best defense was a good offense, as the saying goes.

Think about this: Every person or group who ever tried to speak up to this local government was attacked personally and harshly. It may have been in the paper, at a council meeting, on the "truth" website, by distributed flyers, or verbally around town; and it was always directed well below the belt.

I'm personally tired of being the whimpy girl who gets bullied because I'm trying to play fair. I'm also tired of witnessing kind, decent people with massive amounts of integrity get ripped apart by a group that cares nothing for ethics, Charter Law, or common decency.

So, I'm not going to be silent anymore. I have documentation and facts to rely on...They've got rumor mills and low blows.
I live in a City full of people that know the difference between right and wrong...while they have Political degrees and intimidation tactics.

Our Vision includes prosperity and progress; it includes still leaving money in the City coffers to be able to run the City Departments. Their vision leaves the coffers near empty, according to the FY 2008-09 budget plan I just received.

I am proud of what we are trying to accomplish, and I know that we have tried to reach out to the other Council members; with terrible results. I will continue to do what's right...but from now on, with much more backbone.

Sincerely,

Tina Peterson

< Link to story at WLUC online. >

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No charges in pen incident

The prosecutor says pen toss was not a serious assault.

IRON MOUNTAIN -- The pen might be mightier than the sword...but it's not strong enough for criminal charges.

Dickinson County Proescutor [sic] Chris Ninomiya has chosen not to file criminal charges against Iron Mountain Councilwoman Tina Peterson for throwing a pen at Councilman Dan Burke.

Burke called it an assault. Peterson called it an accident---she didn't intend to hit him with the pen, she said. The incident occurred during a heated Parks and Recreation meeting.

Ninomiya said he didn't think the charge was serious enough to warrant spending taxpayer dollars on, and he also believes the incident carries heavy political overtones.

Burke told TV6 he's disappointed by the decision. Peterson says she hopes to put the incident behind her.

< Link to story at WLUC online. >

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IM recall appeal date set

By Linda Lobeck, Staff Writer, <The Daily News>

April 22, 2008

IRON MOUNTAIN — The decision of the Dickinson County Election Commission is being appealed by three Iron Mountain council members targeted for recall.

The decision of the the commission on March 26 was that the language in the recall petition was clear in all three cases.

The decision is being appealed to the Dickinson County Circuit Court and will be heard on Tuesday, May 20 at 1 p.m., said Dickinson County Clerk and Register of Deeds Dolly Cook.

Cook, along with Probate Court Judge Thomas Slagle and Dickinson County Treasurer Margie Tarsi, make up the election commission.

Cook noted that this is the first time in 18 years since she has been on the commission that a decision has been appealed.

Filing the complaint for the three plaintiffs, Robin Tchokreff, Eden Caudell and Daniel Burke, was Mary Ellen Gurewitz of the law firm of Sachs Waldman P.C. of Detroit. The complaint was filed with the Dickinson County Circuit Court on April 4.

Petitions were submitted by three residents, Barbara Toedter, Ted Corombos and Carol Schneider, seeking to recall the council members on March 7.

The recall petitions are due to the clerk on Friday in order for the recall to appear on the Aug. 5 primary ballot.

A total of 224 signatures are needed for the petition in Ward I (Eden Caudell), 223 signatures in Ward 2 (Robin Tchokreff), and 224 signatures in Ward 3 (Daniel Burke).

The commission held a hearing on the language of the petition on March 26 and unanimously agreed that it was clear to proceed.

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Two recall petitions filed

<The Daily News>

April 24, 2008

IRON MOUNTAIN — Petitions seeking the recall of two members of the Iron Mountain City Council were submitted today at the Dickinson County Courthouse.

The petitions target council members Robin Tchokreff, Ward 2, and Daniel Burke, Ward 3. There are about 300 signatures on each petition, or about 75 more than the number required, according to Dolly Cook, Dickinson County clerk-register of deeds.

A third petition is being circulated against Eden Caudel [sic], Ward 3 [sic]. The deadline for filing the recall petitions is May 2.

If the signatures prove valid, and the petitions survive a court challenge, the recall election will take place Aug. 5.

The decision of the Dickinson County Election Commission to allow the petitions is being appealed in Dickinson County Circuit Court. The challenge from the targeted council members will be heard on Tuesday, May 20, at 1 p.m.

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[Website editor's note: Eden Caudell represents Ward One (1).]

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Signature Verification In Iron Mountain Recall Continues

It appears there are enough "verified" signatures in the recall attempt for Iron Mountain city council member, Robin Tchokreff, to place his name on the ballot in the August Primary Election. To do so, 224 valid signatures were needed, and after a verification, 312 of those signatures were valid. Some of the signatures of voters counted in his ward were voters, and were registered, but had recently moved into that ward, and had not registered for that ward. The registered voters are in the process of being counted for council member Daniel Burke where 223 verified signatures are needed. That count is not yet complete as of the end of the day today. The petition for the recall attempt of council member Eden Caudell was filed with the County Clerk, Dolly Cook, but, those signatures have also yet to be verified. Although there were 277 signatures or some 53 more than needed if all are verified as eligible voters. Caudell is named in the recall attempt for a violation of the City Charter for not providing the council with information about a person hired by the city, Ann Hendrickson, was actually her mother. Caudell also voted to pay her $600 on two seperate occasions, rather than abstaining from the voting, also a violation as spelled out by the Charter, and according to a ruling by City Attorney, Gerald Pirkola. All three were also charged by the recall petitioners, with the loss of $200,000 in revenue caused by the incomplete re-assessment of the properties in the city by then Assessor, Rich Brook, and whether the re-assessment was valid action. Namely, because they did not apparently follow through with monitoring Brook's work in what was termed questionable activities in the process as set forth by Michigan Equalization laws. It is anticipated the exact numbers, the verification of registered voters, for both Burke and Caudell could be completed before week's end. Once verified, their names will also appear on the August Primary Ballot in "the attempt to recall."

<Aaron Harper, WJNR,WOBE,WHTO>

April 29, 2008

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Recall petitions checked

By Jim Anderson, News Editor <The Daily News>

April 30, 2008

IRON MOUNTAIN — The Dickinson County clerk’s office is continuing to review recall petitions filed against three members of the Iron Mountain City Council.

The petitions target council members Eden Caudell, Ward, 1; Robin Tchokreff, Ward 2; and Daniel Burke, Ward 3.

A total of 312 valid signatures have been counted on the petition against Tchokreff, or about 85 more than the number required, said Dolly Cook, county clerk-register of deeds.

The petition against Burke, which has a reported 300 signatures, or 75 more than needed, remains under review, Cook said Tuesday.

The petition against Caudell, which was submitted this week, contains a reported 277 signatures, or about 50 more than needed. It also remains under review.

Friday, May 2, was the stated deadline for filing the recall petitions.

If the signatures are sufficient, and the petitions survive a court challenge, the recall election will take place Aug. 5.

The decision of the Dickinson County Election Commission to allow the petitions is being appealed in Dickinson County Circuit Court. The challenge from the targeted council members will be heard Tuesday, May 20, at 1 p.m.

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Signature Verification In Iron Mountain Recall Completed

It appears there are enough "verified" signatures in the recall attempt for Iron Mountain city council members, Robin Tchokreff, Daniel Burke and Eden Caudell, to place their names on the ballot in the August Primary Election. To do so, 223 valid signatures were needed for Tchokreff, and 224 each for Burke and Caudell. After a verification, 312 of those signatures were valid for Tchokreff, 274 for Burke and 270 signatures for Caudell. Caudell is named in the recall attempt for a violation of the City Charter for not providing the council with information about a person hired by the city, Ann Hendrickson, was actually her mother. Caudell also voted to pay her $600 on two seperate occasions, rather than abstaining from the voting, also a violation as spelled out by the Charter, and according to a ruling by City Attorney, Gerald Pirkola. All three were also charged by the recall petitioners, with the loss of $200,000 in revenue caused by the incomplete re-assessment of the properties in the city by then Assessor, Rich Brook, and whether the re-assessment was valid action. Also,they are charged in the wording interpretation, did not apparently follow through with monitoring Brook's work in what was termed questionable activities in the process as set forth by Michigan Equalization laws. Their names will appear on the August Primary Ballot in "the attempt to recall." There is a 30 day window in which an appeal of the valid signatures can be challenged, which is anticipated. Also, there is a hearing scheduled before Judge Mary Barglind, May 20th, which was filed claiming the wording on the recall petition was not clear and should be thrown out. Whether or not that would be case, meaning if the judge rules in favor of the challenge, there could likely not be an election, but, if the judge rules in favor of the Elections Commission, the August date would stand. As of now, there are enough votes to move the election forward, and the Judge's ruling is the next step in the prccess, but that process could also incude the appeal of the ruled valid voter signatures.

<Aaron Harper, WJNR,WOBE,WHTO>

April 30, 2008

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Recall petitions sufficient, clerk says

By Jim Anderson, News Editor <The Daily News>

May 1, 2008

IRON MOUNTAIN — Petitioners have gathered enough valid signatures to force an Aug. 5 recall election against three members of the Iron Mountain City Council, according to Dolly Cook, Dickinson County clerk-register of deeds.

The council members have until May 23 to challenge the determination, Cook added.

The petitions target council members Eden Caudell, Ward, 1; Robin Tchokreff, Ward 2; and Daniel Burke, Ward 3.

The total number of signatures approved by the clerk’s office for each petition were as follows: Caudell, 270, or about 45 more than needed; Tchokreff, 312, or about 85 more than needed; and Burke, 274, or about 50 more than needed.

The decision of the Dickinson County Election Commission to allow the petitions is being appealed in Dickinson County Circuit Court. The challenge from the targeted council members will be heard Tuesday, May 20, at 1 p.m.

__________________________________________________________________

[Website editor's note: It is our understanding that, presently, contrary to what is stated in The Daily News, the decision of the Dickinson County Election Commission to allow the petitions is not being appealed in Dickinson County Circuit Court. In fact, the named council members have until May 23, 2008, to make such an appeal. Rather, it is our understanding that what is being appealed is a separate issue: that the language in the petitions, approved unanimously on March 26, 2008, by the Dickinson County Election Commission, was not clear in all three cases.  This, actually, is the challenge that the Dickinson County Circuit Court will hear on May 20, 2008.]

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"Trouble on the Mountain"

Part 1

Part 2

Part 3

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For more information about signing the recall petition in your ward, collecting signatures, or being involved as a volunteer in another civic capacity, please call

Ward 1:  Dale Alessandrini (906) 396-8008 or Barb Toedter (906) 779-1347,

Ward 2:  Julie Badini (906) 779-1326, Ted Corombos (906) 774-7367, or Katie Hill (906) 360-3310,

Ward 3:  Bob Moraska (906) or Carol Schneider (906) 779-5940.

Ask for information regarding the ongoing recall procedure.

For additional information, documentation, smoking guns, anti-gossip, and similar items of reason, argument, and evidence (excluding rumor, personal attacks, and unsubstantiated accusations), and/or directions to more of the same from other sources, please telephone council members

Dave Farragh (906) 271-0124, Tina Peterson (906) 776-1150, and Bruce Rosen (906) 250-0735.

For more public-affairs news, information, and opinions regarding this issue and others -- or to express your opinions -- follow these links to <The Daily News>, to <Iron Mountain Issues>, and to <WLUC TV6>.
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"For What It's Worth" written by Stephen Stills, performed by Buffalo Springfield.  Copyright © 1967.

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Iron Mountain Recall

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