State to hear Breen’s city charges Sept. 16

On Sept 16 the Michigan Tax Commission has summoned Saugatuck city officials to answer questions about their conduct of tax assessments, an unprecedented hearing spurred by Saugatuck voter John Breen’s complaints about said behavior.

It is also the longtime city government critic’s 64th birthday.

“I’ll probably stay home and have an attorney at the session,” Breen said. “But what role he’ll play I don’t know. Such hearings are sort of uncharted ground.”

Not that he’s lacking for preparation. A 37-page ethics complaint he filed with the city Aug. 18, accompanied by 130 pages of exhibits, elaborates on the case he made that resulted in the scheduled hearing. Among the allegations are:

- Board of Review member Henry Gleason violated state law by voting property tax assessment reductions for property he and his family own, a charge the city and Gleason concede, the latter calling it “a mistake.”

- Gleason and fellow BOR members Ron Wilkins and Gary Knoblauch improperly colluded to grant blanket reductions to property owners because they disagreed with a 17-percent Allegan County property assessment increase.

- The board is guilty of misfeasance (performing a legal action in an improper way by mistake, negligence or inadvertence) and malfeasance (intentionally doing something legally or morally wrong) for their March actions.

- City assessor Dan Scheuerman committed misfeasance by failing to acknowledge the city’s ethics policy concerning conflict-of-interest votes, adhere to his city contract or State Assessors Board rules.

- City manager Kirk Harrier is guilty of misfeasance and malfeasance for failing to follow city ethics policies, making false statements about Breen to state officials and being paid to play in a band, on his own time, in conflict with city duties.

- City council member Jane Verplank committed misfeasance by filing a false principal residence exemption and lobbying Wilkins for action harmful to a fellow council member.

Breen, who lives in Virginia most of the year but claims an 850 Park St. home as his principal residence, has long been critical of a government he believes confers favors on “good ol’ boys,” singles out critics for reprisal and operates outside state laws and its own charter.

What does Breen, who has unsuccessfully lobbied the state before to intervene in city actions he has called illegal, hope to accomplish this time?

“First, I hope the city ethics board considers my complaint,” he said. That would be chair Jeff Spangler, council member Catherine Simon and two appointed citizens since Verplank, who is also a member, is charged and would have to recuse herself.

Harrier confirmed the city has referred the document to its ethics board, beyond that declining comment.

“They must determine the merit of the allegations,” Breen said. “They have the power of subpoena and to put people under oath to do so. Were they to dismiss the complaint or not follow proper procedures, they themselves would be open to mis- and mal-feasance charges. Those would be heard by circuit court, were it to go that far,” Breen said.

What does he expect of the state on Sept. 16, his birthday?

“I suspect they will tell the city, ‘Go and sin no more. Conduct yourself by the laws,’” Breen said.

“For me, that’s fine. I’m not after an endplay where there are penalties. I just want a finding of fact: a determination of whether such conduct is right or wrong. Do laws in Saugatuck have any merit?

“If they don’t, we live under ana-rchy, whims and decisions of people in power,” he continued. “I just want the city to do things right.”