September 26, 2013GROSSE POINTE SHORES — The former mayor pro tem’s appeal for reinstatement fell flat.
“I would ask you to look at that a little more closely,” said Councilman Dan Schulte when told at the Sept. 17 Grosse Pointe Shores council meeting he wouldn’t be restored as the mayoral stand-in.
“We excused you from performing as mayor pro tem,” Mayor Ted Kedzierski told him.
Kedzierski, an attorney, won’t reconsider the appointment until after the November election.
“The charter is clear that after each election there’s an organizational meeting,” he said. “We anticipate after the new election looking at all the appointments.”
The council removed Schulte as pro tem Aug. 20.
He’d missed two consecutive monthly council meetings and on Aug. 7 was arrested the second time since May for domestic violence, but with a new charge of obstructing police.
No charges resulted from the first domestic violence arrest.
Schulte, on Sept. 11, pleaded “no contest” to the domestic violence and “guilty” to a reduced charge of attempted obstruction, both misdemeanors.
His sentence includes one year reporting probation with the reward of a clean record if he doesn’t commit another offense during the period.
Schulte didn’t attend the council meeting in which his colleagues “excused” him, as they described it, of his pro tem duties.
He complained he wasn’t given due process.
He also said he understood the excusal “was for the duration of the situation that has been concluded.”
Whether he meant “duration” to mean his period of prosecution or plea date, he clearly doesn’t mean it to be the year-long sentence because he wants to be mayor pro tem now.
Schulte didn’t respond to e-mail and voice mail interview requests.
“Usually, the mayor pro tem is the person who gets the most votes and has the most seniority,” Schulte told Kedzierski. “I have both. I think what you did was out of line.”
“Read the charter,” responded Councilman Bruce Bisballe, an attorney. “It says the mayor picks the mayor pro tem. The mayor pro tem is appointed by the mayor at the discretion of the mayor and council.”
“My only question is, is ‘excused’ removed,’” said City Clerk Bruce Nichols, also an attorney.
“Under your charter, the council is the judge of the election and qualification of its members,” Brian Renaud, city attorney, told Schulte and the council.
“There are additional provisions that have to do with the removal of a council member, but that’s removal from the council. We don’t have that here.”
Resident Harry Kurtz, a critic of Schulte, asked if Schulte will persist for reinstatement.
“So, Dan, is it over as far as you’re concerned?” Kurtz asked Schulte.
“I have nothing more to say, Mr. Kurtz,” Schulte answered. “Not to you.”