Girard candidacy questioned

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MARQUETTE - Some Marquette City Commissioners have questioned the candidacy of Randy Girard, who is seeking a seat on the panel in November while serving as the Marquette Township manager.

Commissioner Joe Lavey said the two positions would present a conflict of interest.

"The concern that I have is how, if at all, can he participate in decision making processes within a city commission if, in fact, there is some economic benefit to his employer? How can he participate in decision making concerning potential or actual litigation involving his employer?" Lavey asked, noting that it's no secret that dealings between the city and township have not always been "cordial."

For example, in 2002, the township sued the city for breach of a water supply contract. That litigation was settled in 2007. Township officials were displeased with the city's 2005 purchase of the Heartwood Forestland, part of which is within the township. Additionally, the township strongly opposed the city's proposed truck route, which would have vectored some trucks onto Wright Street and into the township.

Girard is adamant that no conflict of interest will exist. He said when he ran for the Marquette County Board of Commissioners in 2001, he received a state attorney general's opinion which said it was OK for a township manager to hold a position on the county board.

Although the opinion was silent about a township manager serving on a city commission, Girard maintained the principles are the same.

The opinion, No. 7119, referenced The Incompatible Public Offices Act which notes a person can't have positions on two public bodies if there is:

= The subordination of one public office to another.

= The supervision of one public office by another.

= A breach of duty of public office.

Neither the city commission nor the township supervises or is subordinate to the other, so that leaves a breach of duty of a public office, Girard said.

The opinion defines "breach of public office" as when "a dual officeholder is on both sides of a contract or contractual negotiations, or where the public offices compete for tax dollars."

Girard said there are contracts between the city and the township, including a water agreement and joint ownership of the Marquette Area Wastewater Treatment Facility, but he isn't in charge of administering them.

City Commissioner Mike Coyne said he's less concerned with legal opinions than with ethics.

"Who's he going to pay attention to, the citizens, if they elect him, or the people who pay his salary?" Coyne wondered. "Also, in negotiating, he is the boss of the city manager along with the other six commissioners and that is a huge conflict in negotiating and in dealing with township-city relations."

Girard, who's lived in the city for 41 years, said he has spoken to officials in the city and county clerks' offices plus several attorneys prior to the primary election. All told him he could run for the position, he said.

"The simple fact that I'm employed by another governmental unit should not have an impact on my electability as a city commissioner in the city that I live in," he said. "If elected, my intention is to look at what is in the best interest of the citizens of the city and for the rest of the region."