01/23/2007

Judge says recall can proceed

By Brian Mcgillivary

bmcgillivary@record-eagle.com

TRAVERSE CITY — The decision on whether to recall Bingham Township Supervisor Robert Foster is up to voters now.

On Monday 13th Circuit Court Judge Philip E. Rodgers Jr. denied Foster's request to throw out petitions to recall him and ruled petition language was sufficiently clear to allow voters to decide if he should be recalled.

Township voters will choose Foster's fate on Feb. 27.

Foster in November asked the court to reverse the decision of the Leelanau County Election Commission, whose members approved the petition language.

"Going in it was a long shot,” Foster said.

His challenge of the recall language was targeted at a section that stated he harassed other elected officials but then specified just one official.

The language gave both the county election commission and Rodgers the most trouble, but both agreed it was clear enough to meet election law requirements.

"I didn't expect it to go this far with (Foster) trying to appeal the county election commission decision, but we're really pleased that we prevailed,” said Bingham Township resident Marge Johnson, a leader of the recall effort.

The petition lists several specific allegations of misconduct committed by Foster, including verbally harassing and intimidating elected officials and placing the township at risk by contending he had permission from the Army Corps of Engineers to groom Hendryx Park beach.

The recall effort came on the heels of a pending civil lawsuit filed by former township Clerk Dorothy Petroskey against the township and Foster that alleged harassment and retaliation against her after she reported the unauthorized beach grooming.

Foster denied retaliating against Petroskey and said he was not involved in the beach grooming.

He will not appeal Rodgers' decision and said he and his supporters will turn their attention to the Feb. 27 election.

"We're going to vigorously work on getting me re-elected,” he said.