Opinion
Docket No. 127284.
Submitted October 14, 1992, at Detroit.
Decided April 5, 1993, at 10:15 A.M.
ACLU Fund of Michigan (by Michael F. Saggau), for the petitioner.
George E. Brumbaugh, Jr., Corporation Counsel, for the respondent.
Before: SHEPHERD, P.J., and WEAVER and TAYLOR, JJ.
Jack Pearson filed petitions seeking the recall of several officials of the City of Warren, including the mayor and various members of the city council, for the following reasons:
[Concerning the mayor:]
1. For recommending to council to create the position of administrative assistant in the office of mayor thereby increasing the number of personnel in the mayor's office.
2. For recommending to council the 1988/89 police and fire department budget resulting in the lay off of police officers and fire fighters.
[Concerning city council members:]
1. For voting to create the position of administrative assistant in the office of the mayor thereby increasing the number of personnel in the mayor's office.
2. For voting to adopt the 1988/89 police and fire department budgets resulting in the lay off of police officers and fire fighters.
Respondent election commission rejected the recall petitions on the ground that they were invalid because they were not sufficiently clear. Petitioner petitioned the circuit court for review of respondent's decision, and the trial court upheld the decision of the commission on the ground that the recall language was conclusory and failed to identify the wrongs alleged to have been done by the officials in question.
Respondent election commission's authority to review the language of recall petitions is set forth in MCL 168.952; MSA 6.1952.
Although the issues presented are now moot, we consider them because they present questions of public significance likely to recur and yet evade judicial review. In re Hanson, 188 Mich. App. 392, 395; 470 N.W.2d 669 (1991).
On appeal, petitioner correctly contends that no wrongful conduct need be alleged in a recall petition. Const 1963, art 2, § 8; Wallace v Tripp, 358 Mich. 668, 678; 101 N.W.2d 312 (1960).
Nor do the petitions fail through lack of clarity. The courses of conduct underlying the recall are plainly stated. Compare Eaton v Baker, 334 Mich. 521, 524; 55 N.W.2d 77 (1952); Wallace, supra at 675; In re Wayne Co Election Comm, 150 Mich. App. 427, 430; 388 N.W.2d 707 (1986). Contrast Noel v Oakland Co Clerk, 92 Mich. App. 181, 183; 284 N.W.2d 761 (1979).
Although we reverse, we lack the authority to order a recall election based upon these now-stale petitions circulated before the 1991 elections. Wallace, supra at 677-678; Bonkowski v Macomb Co Election Comm, 185 Mich. App. 288, 291; 460 N.W.2d 308 (1990).
Reversed.