Stathakis Files Lawsuit to Halt Recall Efforts

Shelby Township Supervisor Rick Stathakis has asked the court system to halt a recall effort against him.

Stathakis filed a lawsuit Wednesday claiming the effort to have him removed from office is a legal issue because the nearly 7,600 recall signatures turned into the Macomb County Elections Commission were turned in two days late, and therefore are invalid.

Petitioners turned the signatures in on Monday, May 23. The language on the petition, which was approved on Nov. 22, was only valid for 180 days, so petitioners were to turn in the signatures needed on May 21, but they were told the deadline was extended to the May 23 because the cutoff date fell on a weekend.

“That MCLA 168.952(7) further provides that a recall petition filed for a township supervisor after the 180-day period is not valid and ‘shall not be accepted pursuant to section 961(MCLA 168.961)],’” the lawsuit said.

"So essentially, the petitions were turned in with language that had already expired.  The petitions are invalid," said Stathakis in a letter he sent to Macomb County Clerk Carmella Sabaugh challenging the petitions.

Stathakis has asked the courts to stop Sabaugh and Shelby Township Clerk Terri Kowal from continuing to process the petitions.

The lawsuit also asks that the circuit court compel Sabaugh and Kowal's legal representatives to appear before a judge to explain why they believe the process should continue.

Sabaugh acknowledged the petitions were filed on May 23, but because the deadline fell on May 21, a Saturday, state laws permit the deadline for petitions and other filings, such as campaign finances can be extended to the next regular business day. Sabaugh added that she and the head of the Macomb County Elections Commission, Roger Cardamone, consulted with county lawyers, and decided to allow petitioners to file on Monday, May 23.

“We feel like we’re on solid ground for the decision we made,” said Sabaugh. “He certainly has the right to challenge it if he feels it’s not proper. We have fair judges, good advice, and we’re solid on the law and ready to proceed.”

Judge Matthew Switalski will preside over a hearing on June 27 at 8 a.m. in the case.

Stathakis has been a target of recall efforts after he voted to approve rezoning a parcel of land at 24 Mile and Schoenherr Road from residential to office/commercial.

Stathakis, who is serving his first term, would not be up for re-election until 2012. If a special recall election is held, it will be in November 2011.

More than . Kowal said that 6,291 people voted for Stathakis in the November 2008 elections.

Recall signatures were turned in on May 26 for Shelby Township . He too has been targeted for his votes on controversial rezoning issues.

Stathakis’ lawsuit does not affect the recall efforts of the three-term treasurer.