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Shega, Kingery respond to Rock River Township Board accusations of malfeasance

CHATHAM -- Rock River Township Planning Commission members Tammy Shega and Olivia Kingery have submitted an official response to charges brought forth by Rock River Township Board Trustee and Planning Commission Liaison Victor Aho at an Oct. 9 special meeting of the township board.

Aho claims that both Shega and Kingery engaged in "unauthorized legal contact and expenditure" by contacting the township attorney without board approval.

The charges also include that Shega violated statutory conflict of interest prohibitions by participating in a public hearing at the Zoning Board of Appeals level while serving concurrently on both the planning commission and ZBA, after she had already participated "in that exact same matter" during a Jan. 26 planning commission meeting.

Shega also stands accused of violating the Michigan Open Meetings Act by failing to submit minutes from the June 9 and June 16 ZBA meetings to the township secretary within 8 business days.

During that Oct. 9 meeting, Aho, township Secretary Heather Marsh, township Treasurer Jenny LeJeune and township Trustee Jim Rondeau all voted in favor of holding a public hearing "For the purpose of hearing public comment and considering the respective written charges of malfeasance against the named individuals."

Township Supervisor Gerry Melchori voted against, calling the letter that was sent to Shega and Kingery about the charges "Threatening."

In a joint denial of charges dated Oct. 13, Shega and Kingery state that, "We deny the charges asserted against us. Each of us denies the charges directed against her and denies that she committed misfeasance, malfeasance, nonfeasance or other misconduct establishing lawful grounds for removal."

Shega and Kingery requested complete, specific written charges, access to the evidence the township intends to rely upon, adequate time to prepare and a fair public hearing before impartial decision makers.

"We object to unsupported or materially inaccurate allegations, reliance on rules or policies not effective when the alleged conduct occurred, deficiencies in notice or service and new or amended charges without an adequate opportunity to respond," reads the statement.

"We object to participation by anyone with a disqualifying financial interest or demonstrated bias. We request disclosure and review or township board member Jim Rondeau and Planning Commission member Jon Rondeau's reported interests in Wilderness Canyon LLC and any connection to the charges, evidence or removal proceedings.

"We also object to using these proceedings to penalize our opposition to zoning repeal, Tammy Shega's candidacy or other activity protected by law."

Shega is running for township treasurer against incumbent LeJeune.

In addition to the joint denial of charges, on Thursday Shega and Kingery submitted a request to Melchori requesting that Marsh be recused from any vote about Shega and Kingery's removal, citing that "Marsh's own material account or credibility is at issue," and that "(Marsh's) prior hostile public comments about Olivia (Kingery) raise a substantial concern or prejudgement and call into question her ability to judge Olivia (Kingery) fairly."

In that request for recusal, Shega again disputes Marsh's account that Shega withheld ZBA minutes.

"Material questions include when Ms. Marsh received drafts or approved minutes, what was available for inspection and whether Tammy (Shega) refused a proper demand," reads the request for Marsh's recusal. "If the township relies on Ms. Marsh's personal knowledge of these contested facts, her account must be tested against Tammy's evidence.

"We object to Ms. Marsh supplying disputed firsthand facts and then judging the truth of her own account."

Shega and Kingery also claim that Marsh's previous statements, including "publicly (calling) Olivia negligent and (using) other hostile terms about her during township meetings" render her unqualified to fairly judge Olivia's charges.

"These comments and the hostility accompanying them show that she has already formed an adverse judgement of Olivia's competence and conduct before hearing Olivia's defense," reads the statement.

Shega and Kingery specifically requested that Marsh's "personal involvement and anticipated firsthand factual account, and consideration of her public comments about Olivia" be disclosed, and that the board provide written rulings on both recusal grounds before either hearing begins.

Shega and Kingery also requested that, if recusal is denied, a written explanation be entered into the record before proceedings begin.

"We maintain our denials and reserve objections to authority, board composition, impartiality and facts outside the record, and rights to judicial review and other relief," concludes the request for recusal. "Participation does not waive these objections."

The Mining Journal attempted to contact Marsh by phone and email, but did not receive a response.

Annie Lippert can be reached at 906-228-2500, ext. 550. Her email address is alippert@miningjournal.net.