This is the text of my May 2, 2016 complaint to the Macomb County Ethics Commission.
I would appreciate your feed back.
My name is Greg Murray. A
registered voter, I live in Mt. Clemens.
I am filing a complaint with the Ethics Commission today, May 2, 2016 regarding
the recent behavior of Macomb County Commissioner Fred Miller and Macomb County
Clerk Carmella Sabaugh.
I filed this complaint because the recent coordinated and unfair
actions of Macomb County Commissioner Fred Miller, Macomb County Clerk Carmella
Sabaugh, and Former Michigan Democratic Party Chairman Mark Brewer are exactly
what has voters and the public fed up with establishment politics. Their behaviors rise to the level of
unethical and, as such, are clear violations of Macomb County’s Ethics Code
(Enrolled Ordinance No. 2011-10).
Sabaugh filed for her seat. Miller filed for Sabaugh’s seat at
the very last minute. Standing on its own, and in and of itself, these actions
would normally seem very suspicious, as both have been Ed Bruley associates for
nearly two decades. Why would they file
against each other, unless one or both had fallen from grace? We now know that was not the case and that
there seems to have been a very unfair prior agreement between the three of
them. The term “collusion” comes to
mind.
I say the three of them because Fred Miller and Mark Brewer, cut
from the same political cloth, apparently knew that Miller would not stand for
re-election to his 9th District county commissioner seat. This is evidenced by virtue of the fact that
it was Miller who delivered Brewer’s paperwork to run for Miller’s former seat.
Sometimes what may not be illegal can certainly be unfair and
unethical. This is an instance of such
an incident, and it violates the Macomb County Ethics Code in several areas.
To be clear, in the final hour on the day of the filing
deadline, April 19, 2016, County Commissioner Fred Miller unexpectedly dropped
out of the race for the 9th District County Commission seat and filed for
Sabaugh’s seat as clerk. Around the same
time on the same day, former Michigan Democratic Party Chairman Mark Brewer’s
paperwork to seek election to Miller’s former seat was delivered to the
Election Division’s office by Fred Miller.
Three days later, during the final hour of the
day of the withdrawal deadline, April 22, 2016, Macomb County Clerk and
Register of Deeds Carmella Sabaugh withdrew her candidacy. Within hours, Sabaugh
had endorsed Mr. Miller in what clearly seemed to be a prepared statement.
While acting within the bounds of the Michigan statue, the
Macomb County Ethics Ordinance requires a higher standard of conduct among
those who hold public office.
While this conduct is not new, this act was
revealed as particularly egregious and pre-planned when Commissioner Miller actually uploaded a video to Facebook dated April
15, 2016, a full four days before the filing deadline and two weeks before the
withdrawal deadline, where he thanked Carmella for her prior years of service!
Within the Ethics Ordinance in Sec.1.1. Purpose, the following
sentence directly applies this
situation. It reads “County Officials, employees, and appointees hold positions of public
trust and their actions must remain above suspicion.” Commissioner Miller and Clerk Sabaugh’s
behavior completely obliterates that expectation. Mr. Brewer is not yet a county official but
has managed to already violate the ordinance.
The timing of these acts cannot be ignored. The three involved are known political allies
in the county. Apparently, Mr. Miller had advanced knowledge before everyone
else that Ms. Sabaugh intended on withdrawing her candidacy. It’s quite clear that Mr. Brewer, Commissioner
Miller, and Clerk Sabaugh strategically planned these filings in an attempt to limit their potential opponents,
dissuade others from filing, and to intimidate others from participating in the
filing process.
Macomb County Ethics Ordinance 1.2(B) requires our public
servants be independent, impartial, and fair in their judgment of actions, and
Ordinance 1.2(C) requires that public servants put the public good above their
own personal gain. Instead, all three have shown a reckless degree of
disrespect for the electorate
Open seats attract more candidates to put forward their
qualifications for voters.
Countywide races that are without established incumbents come as
rarely as once every few decades, always attracting a diverse group of
candidates with different backgrounds and qualifications. Commissioner Miller
and Clerk Sabaugh have not just put their own political fortunes above the
right of the citizens to do decide whom to vote for; they’ve infringed on the right
of the people to decide if they themselves wish to seek public office. Such an
act is inherently undemocratic. For these reasons, Clerk Sabaugh and
Commissioner Miller are in violation of Ordinance 1.2(B).
Mr. Miller was certainly welcome to pursue this position. So
were the hundreds of thousands of others that call Macomb County home. To
selfishly influence the process to gain an unfair advantage for Mr. Miller shows
a clear desire to put self above the betterment of the county in violation of
Ordinance 1.2(C).
Additionally, Miller stands to gain a substantial financial
enhancement as a result of these unethical shenanigans His compensations would more than triple,
from his pay of $35,000 that he would have earned in 2017 as a commissioner to
$108,000 as the county clerk during 2017.
These machinations also violates the ethics policy, which prohibits
county officials from engaging in unethical behaviors that result in personal
financial gain. As reference, Sec.3.7, (second sentence) ”A Public Servant shall not benefit financially from information
acquired in the course of holding office…”
Ironically, in her statement of endorsement of Mr. Miller, Ms.
Sabaugh touted Miller’s work on the Macomb County Ethics Ordinance. That would
seem to imply that certainly Miller would comply with the ordinance. However, this
episode disrupts the public trust in government and enforces an all-to-common
notion of hypocrisy among our elected officials.
Macomb County deserves better.
Using one’s public office and political relationships to selfishly secure
advantages over others is exactly what this Ordinance was designed to combat.
This Board should send a clear message to our citizens that that open and fair
elections are amongst our country’s most fundamental rights.