To the Journal editor:

The city of Ishpeming is in violation of the Ishpeming City Charter. The Charter states, Vacancies in Elective Office:

Section 2.17 (a) A vacancy occurring on the Council or any elective City office shall be filled within thirty (30) days by a majority vote of the remaining Council members, and the appointee to hold office until the second Monday following the next regular election, or until the successor shall qualify, provided that no such appointment shall be made within (90) days prior to any regular election.

The vacancy occurred when Council member Stuart Skauge passed away on June 16, the 30 days would have been up July 16. The city put out a notice of vacancy for nominating petitions to be picked up. Petitions needed to be turned in by July 5. Three Ishpeming residents picked up the appropriate paperwork and turned it in by the deadline.

At the regular city council meeting held on July 12, the council decided to extend the deadline, in violation of the city charter. Nowhere does the charter say that the council can extend the deadline for any reason.

It was evident the council members didn’t like the three residents who did what was required. The city does have a procedure for filling a vacancy, it’s in the city charter and it’s very clear.

The council and attorney can make up all the excuses they want, it was a bad time of the year, (I don’t think Councilor Skauge planned on dying to cause inconvenience to the council) there was a holiday (there was only a one-day holiday in that time frame) others didn’t have enough time, etc.

But three residents cared enough and got it done. The attorney said the charter leaves a lot of discretion to the council. But the timeline in the charter is not up for debate. The vacancy shall be filled within 30 days.

The word “shall” is typically used in legal or formal documents to specify mandatory actions and the Ishpeming city charter is a legal and formal document, adopted on April 7, 1986.

The only way the council could have extended the deadline was if no one put in a nominating petition. If the council doesn’t like the language in the charter then put a change on the ballot. Until such a change is made, this is what the council has to follow.