An inexperienced Bingham Township Board may need to reenact actions it took at the township's Annual Meeting on Saturday following assertions by ousted deputy supervisor Duane Bingel that the board did not follow the letter of the law in holding a budget hearing or adopting salary resolutions.

A retiree and a seasonal resident of Bingham Township, Bingel had been appointed as deputy supervisor by Robert W. Foster, who voters recalled as supervisor in February. Both Bingel and Foster made their presence known at Saturday’s meeting by questioning budget decisions made by the current board and opposing salary resolutions adopted by the board.

Because of the way bylaws of the new Suttons Bay-Bingham Fire and Rescue Authority were drafted last year, Foster continues to serve on that body even though his original appointment to the authority was tied to his status as township supervisor.

Some 58 percent of Bingham voters decided to oust Foster following allegations that he had harassed other township officials and lied about his involvement in an illegal beach grooming effort at a township park, among other charges.

Bingel and Foster were also present at the township board’s regular monthly meeting on Monday night when the board agreed to “re-do” a budget hearing it conducted improperly at the Annual Meeting. The special budget hearing will be held on Friday, June 29, at 9 a.m. at the township hall.

At the Annual Meeting on Saturday, Bingel pointed out that under state law a budget hearing must be posted and held separately from the Annual Meeting, although the hearing may be held on the same date. Instead, Bingham Township’s budget hearing was listed as an agenda item during the Annual Meeting.

Also at the Annual Meeting, Bingel presented treasurer Nicki Hursey with an extensive list of questions about the budget, which he asked Hursey to answer on the spot.

Hursey was originally appointed as treasurer to replace Diane Kiessel, who resigned before the end of her term because of alleged, persistent “harassment” from Foster.

Hursey asked Bingel why he was presenting her with a detailed list of questions about the budget at the Annual Meeting for the first time rather than a week prior after she had provided Bingel with an advance copy of the draft budget at his request.

Bingel responded that he was doing so because the budget hearing had been scheduled for the meeting. Bingel also questioned why the treasurer, rather than the township supervisor, had prepared this year’s budget.

“You just took over a little job for the supervisor?” Bingel asked Hursey. “What a sweet deal for the supervisor.”

Hursey responded that the current supervisor, Ross Ard, had been in office only 10 days before the budget was due, and she stepped in to help draft the budget. Ard had originally been appointed to replace Foster immediately following Foster’s recall, and was elected to the office last month.

The scheduling and posting of public meetings and hearings is normally the responsibility of the township clerk. Clerk Peggy Core was appointed to her position last year following the resignation of clerk Dorothy Petroskey, who had cited persistent “harassment” from Foster and his “cronies,” including Bingel.
Petroskey’s civil lawsuit against Foster and Bingham Township is slated for a jury trial beginning next month.

In addition to calling the budget hearing “improper and illegal” at Saturday’s Annual Meeting, Bingel also asserted that salary resolutions adopted last month by the township board were improper. Bingel said state law require that salary resolutions be adopted as separate documents rather than as the single document the township board adopted last month listing new salaries separately for each elected office.

The salary resolutions called for four-percent “cost of living” raises for the two trustees, the clerk and treasurer – but no pay raise for the supervisor.

Members of the public in attendance at the annual meeting voted 24-5 to accept the proposed $15,000 per year salary for the supervisor – the same as last year.

Bingel then moved that no increase be authorized for the treasurer, despite a salary resolution calling for a four-percent increase. Foster seconded Bingel’s motion.

Foster added that he thought last year’s salary increases for elected township officials were proper because they were the first raises board members had received in several years – but that this year’s raises were not warranted. Last year all elected township officials received a four-percent pay raise except Foster – who received a 22 percent pay raise.

Bingel’s motion failed in an 18-8 vote.

A motion by former supervisor Harry Sanborn and seconded by former treasurer Kiessel to approve the salary resolution for the treasurer as presented carried in 19-8 vote. The treasurer’s salary will increase four percent to $23,048 annually.
Similarly, a motion to increase the clerk’s salary by four percent to $22,341 annually carried in a 19-8 vote.

Although salary resolutions called for a four percent increase for trustees to $1,558 each, a motion by Kiessel seconded by former trustee James Mebert to maintain pay for trustees at the current $1,498 per year carried in a 15-13 vote.

At the township board’s regular monthly meeting on Monday, Bingel continued to assert that the salary resolutions were adopted improperly last month by the township board and should not be honored.

Hursey said Monday that since Saturday she had spoken to a representative of the Michigan Townships Association who assured her that the salary resolutions were adopted properly and action taken on the resolutions Saturday was proper as well.

Bingel continued to assert they were not.

Ard said he would check again with an attorney and would look into obtaining a written legal opinion that might satisfy Bingel.