Petitions to recall 3 Cottrellville officials rejected

Petitions to recall three Cottrellville Township officials was rejected this week months after a local discussion surrounding a utility bill snafu irked residents at public meetings.

St. Clair County’s election commission unanimously rejected the language filed against Cottrellville Supervisor Mary Agnes Simons, Clerk Cheri Quinn, and Treasurer Beverly Kopec during a hearing on Tuesday afternoon.

Probate Judge Elwood Brown, who serves on the commission with County Clerk Angie Waters and County Treasurer Kelly Roberts-Burnett, recalled statute, emphasizing that petitions attempting set a recall election must contain reasoning that is “clearly stated in a factual manner.”

The petitions, filed by Cottrellville resident Dustin Roberts in December, differed in listed reasoning, though ultimately, commission officials said each failed in specificity.

Roberts wrote he was seeking a recall against Simons for acting “outside her statutory duties,” for Quinn because she “failed to hold a special meeting within 48 hours,” and for Kopec because she “failed to secure township property.”

Each contained a single sentence and did not name duties, dates, or circumstances.

James Langley, an attorney for Simons, alleged the petition against the township supervisor didn’t pass basic recall language requirements, adding it was “not factual and clear” and leaned more toward interpretation or opinion in it lack of details.

Brown, in part, agreed because it didn’t make clear what statutory duties were in question. Though not in reference specifically to the Simons petition, he had previously said “matters of opinion are not factual” in statute requirements.

In reference to the petition against her and the 48-hour reference, Quinn said she wasn’t sure without a date what meeting was at issue.

“If I were a voter or even Cheri Quinn, I would say, ‘What are you talking about?’” Brown said. “… That leaves too many questions.”

Kopec was not present Tuesday.

Commissioners said the petition against her was similarly vague.

After Tuesday’s recall hearing, township officials said they had no further comment.

The incident the petitions stem from, according to Roberts, was a receipt signed off by Simons for a $650 water application services bill that was never paid last year. The receipt was reportedly issued to a family member of a local building official.

Township board members publicly discussed the issue during a special meeting in August, later deciding to send it to the state for evaluation.

On his way to the county clerk’s office this week, Roberts said he’d filed a previous recall petition effort that also failed when “the language was essentially too much.”

In the latest attempt, he said he was trying to follow recommendations in parring the language down.

Roberts said he was motivated to pursue recall action for the three township officials after obtaining more information through a Freedom of Information Act request about the receipt written by Simons and what he believes shows “everybody else tried to cover it up.”

On Tuesday, Brown said Roberts had 10 days to appeal Tuesday’s decision.

The township resident, who was among those speaking out last summer, said he was considering it — or filing new petitions all together. He hadn’t decided.

“I might appeal it, but I’m going to grab some new sheets right here and then kind of go over it and probably refile,” Roberts said. “… I want to keep it as quick as possible.”

Contact Jackie Smith at (810) 989-6270 or jssmith@gannett.com. Follow her on Twitter @Jackie20Smith.