Miller rescinds resignation before taking seat at meeting,
only to be asked to step down

By Jeremy Carroll
C & G Staff Writer

ROYAL OAK — Nearly two weeks after abruptly resigning his post as a city commissioner, and later rescinding the resignation, Stephen Miller took his seat at the commission table for the June 15 regular meeting.

But his time in the chair on this night was short-lived, as a the body opened the meeting by accepting his letter of resignation based on Mayor Jim Ellison’s acknowledgment of it on June 4.

Miller resigned his seat on the commission June 3 in an e-mail to City Attorney Dave Gillam, the night after it was alleged that members of the City Commission were under investigation by the Oakland County Sheriff’s Department. He told the Royal Oak Review at the time that he didn’t need the stress associated with the position anymore.

“I’m just sick and tired of people lying about me and trashing my family name,” he said at the time.

On June 9, he changed his mind and sent the city a short letter to rescind his resignation, saying he had received dozens of phone calls and e-mails from neighbors, supporters and even people he didn’t know asking him to reconsider the decision to leave.

“The commission just exposed the city to litigation and damages,” Ray Foley, Miller’s attorney, said.

He said no decision about filing a lawsuit on behalf of Miller against the city has been made. But Foley did say the case law here is clear, citing a 1986 opinion by then-state Attorney General Frank Kelley that centers around this very issue — a city commissioner resigning and rescinding the resignation before the body accepted it.

Miller wouldn’t comment on the issue, only saying that after he rescinded his resignation, he served at a meeting of the City Employee Pension Board.

After the commission meeting, Ellison said he acknowledged and accepted Miller’s resignation in an e-mail to Gillam on June 4.

“That has been past practice on other resignations in the city,” Ellison said.

Commissioner Carlo Ginotti, who has been at odds with Miller on a variety of issues in the past, said it was time for the city to move forward.

“We need to put all of this behind us,” he said.

Miller took his normal chair at the commission table before the meeting, but his plaque in front of the seat had been removed and his computer was not at his desk, either. When the board formally accepted his resignation, Ellison asked Miller to step down, which he did.

“I have to give Mr. Miller credit, he did the very honorable thing by stepping down when asked,” Ginotti said afterward. “He handled it very professionally.”

The commission’s official acceptance of the resignation was met with resistance by two commissioners. Mike Andrzejak and Chuck Semchena both voted to deny acceptance of the resignation.

“This is contrary to law, and contrary to the opinions that we’ve received,” Semchena said. “There is no legal basis to support the actions in this resolution. The end result of this is going to be horrible for the city, and I can’t support this.”

Andrzejak repeated an argument Miller had made about why he should still be able take the seat — that, according to Robert’s Rules of Order, the commission had to accept the resignation before it was rescinded.

“That has not happened at this table,” Andrzejak said. “I can only come to the conclusion that Mr. Miller’s resignation can be rescinded.”

After the meeting, Gillam would not disclose what his advice to the commission was, saying it was confidential.

Previously, Gillam had said that in the event of a resignation, the City Charter states the position is to be filled by vote of the majority of the remaining members of the City Commission. In this case, four of the six would have to agree on a new member to fill out the remaining six months of Miller’s term.

“The process that has been followed in the past is the commission has solicited letters of interest from the public to fill the balance of the vacant term,” Gillam had said.

After rescinding his resignation, Miller, whose seat is up in the November election, told the Review that he was “absolutely running this fall.”

Resident Bill Shaw lashed out at the commission during the meeting, saying they only focus on personal agendas and not the people’s business.

“We have some real problems here,” Shaw said, talking about the budget. “We got to get back to what this body is about. It’s about the people. And I think you forgot that.”

You can reach Staff Writer Jeremy Carroll at jcarroll@candgnews.com or at (586) 279-1110.