Lansing council's leadership fight could cost taxpayers

LANSING -- It might cost taxpayer money for the City Council to end its voting dispute, which has left it without leadership since Jan. 9.

After three sessions where members have failed to elect a council president and vice president, members decided Tuesday night it's time to consider outside help.

"I don't think that means we failed," At-Large Council Member Patricia Spitzley said in the meeting. "I think that means we recognized we need someone to perhaps walk us through the issues that separate us."

There appears to be plenty for that someone to wade through.

A facilitator would likely have to referee a debate that's often been personal and downright nasty. Three days of votes for nominated candidates and two-member slates have all resulted in a 4-4 voting deadlock. One reason for friction is that this is an election year, with the mayor's term and four of the eight council members' terms expiring on Dec. 31.

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One of those who must decide whether to seek re-election this year, At-Large Council Member Judi Brown Clarke, was last year's council president and is considering a run for mayor.

"The will is not there," Clarke said of council's inability to pick leadership roles for the new year. "Unfortunately we don't seem to be able to do it on our own."

Lansing City Council still without a leader

Tuesday's meeting often got heated and saw at least four council members get defensive after what they perceived were personal attacks. Members are scheduled to meet again 5:30 p.m. Jan. 23 at City Hall for another Committee of the Whole session. The meeting will be open to the public.

Members' arguments during Tuesday's meeting were sandwiched around an approved 20-minute recess that ended up lasting over an hour. Much of the drama centered around Fourth Ward Council Member Jessica Yorko's decision to accept a council president nomination made by Spitzley.

Yorko, last year's vice president, accepted the president nomination after she appeared to have second thoughts over the past few days. The move perplexed Third Ward Council Member Adam Hussain who said Yorko had told him she didn't want the position. At-Large Council Member Kathie Dunbar, not pleased with Hussain, said Yorko had the right to change her mind.

Discussion about Yorko's decision created friction among several council members. More than half defended themselves on a variety of issues including the jobs they have in addition to their council duties, how they balance family vs. council responsibilities and the way they treat others.

First Ward Council Member Jody Washington appeared to warn the public in the audience and those watching on TV that everyone should brace themselves.

"If you think this is ugly, this could get really ugly," Washington said.

At one point in the votes, council members considered a slate that included Spitzley as president and At-Large Council Member Carol Wood as vice president. It was not approved. That prompted Yorko to email a press release to the Lansing State Journal on Tuesday expressing disappointment that the slate had  failed. "We've got to stop all this electioneering and get back to work," Yorko said in the release. The release also included comments from Dunbar and Second Ward Council Member Tina Houghton.

In addition to Clarke, the terms for Yorko, Dunbar and Houghton also expire on Dec. 31.

"It's time to move on," Dunbar said in her statement.

"We are here to serve the residents of Lansing, not jockey endlessly for political purposes," Houghton added.

It's unclear what a facilitator could do to help work through members' issues or what it might cost. In Tuesday's meeting, none of the council members offered suggestions or inquired about the price.

After the meeting, City Attorney Jim Smiertka said it's possible someone from a law firm, an expert in public policy or someone with related experience could donate their services.

City Clerk Chris Swope is open to being a facilitator. Since he already works for the city, it would be at no extra cost.

"I'd be willing to try," Swope said. "I think the impact of not having a (council) president for much longer gets harder and harder."

Council fails to elect leadership, votes get personal

Swope has been chairing council's Committee of the Whole and general meetings this month due to the lack of a council president. The council president runs meetings, helps set meeting agendas and is supposed to appoint members of various council committees by the end of this month.

Smiertka is expected to hold a closed session with the council on Jan. 23 to discuss the potential legal ramifications there could be if members don't elect a council president by Jan. 31.

If a facilitator gets involved there's a slew of other issues, including those that might violate the public's right to observe the legislative process, Smiertka said. "The danger is if you don't have a skilled facilitator who is familiar with the Open Meetings Act, you get into a danger of a round-robin which is collecting votes for an action behind the scenes," Smiertka said.

The City Charter states council is supposed to have 26 meetings a year. Due to a lack of a council president, the body has been forced to recess and then resume the leadership voting issue that was originally set for its Jan. 9 committee meeting. It has been working with that agenda for all three sessions held so far this year.

There's a chance, without council leadership, that committees like those pertaining to development and planning and public safety might not exist this year. Council members do have an ability to add agenda items to a committee meeting without a council president. But additions would likely require amendments and super-majority votes.

None of the eight council members have expressed any interest in pursuing a charter amendment that could prevent 4-4 voting gridlock in the future by adding to or subtracting from the number of elected seats. After Tuesday's meeting, Swope said he wasn't sure if changes to the number of council seats -- at least under this current voting scenario with these members -- would make much of a difference.

Since 1957, Lansing has had eight elected council members -- four at-large and four representing each of the city's wards. From 1917 to 1956, the city had elected representatives that represented each of Lansing's eight wards.

The last time the city had an odd number of elected representatives, according to City Hall records, was 1874 when there were five. From 1875 to 1916, the city had six elected representatives.

For the city to move back to an odd number of council seats, it would require a two-step process. Council members could vote to put a charter amendment on the ballot or residents could petition to put an amendment on the ballot. Once on the ballot, a majority of voters must vote to support the change. For residents to petition for a change, Swope said they would likely need to collect at least 5,000 signatures from registered voters.

The earliest such a charter amendment could go for a vote is Aug. 8, the city's primary election day. Swope estimates the city currently has about 80,000 registered voters.

Eric Lacy is a reporter for the Lansing State Journal. Contact him at (517) 377-1206 or elacy@lsj.com. Follow him on Twitter @EricLacy.