Court Stops Dearborn’s Civil Service Commission from Replacing Marge Powell . . . for now
Sunday, October 10th, 2010A longtime Dearborn Civic Service commissioner who was removed from her position after it was discovered she had not properly taken an oath for office may get another chance to reclaim her seat.
A Wayne County Circuit judge heard a request earlier this week for a temporary restraining order to prevent the City of Dearborn’s Civil Service Commission from appointing someone to the Commission until it can be determined whether Marge Powell -– a commissioner for 17 years -– should be allowed to return. Powell was removed from her position after it was discovered she did not take an oath of office 10 days after her appointment, a requirement of Dearborn’s City Charter.
While Judge Brian Sullivan didn’t grant the restraining order, the city did agree to depositions of several of Dearborn’s top officials. That list includes: City Council President Tom Tafelski; City Clerk Kathleen Buda; Human Resources Director Valerie Murphy-Goodrich and Civil Service Commissioner Kathy Mackie. The plaintiff in the case, Joanne Arrick, and Powell also will be deposed. Among other items, the judge will want to hear whether Dearborn officials selectively enforce the City Charter’s oath requirement.
Arrick and her attorney, Dearborn resident Morris Goodman, are both friends of Powell. Some of you may recognize Goodman from the occasional column he submits to this website and the Dearborn Press & Guide.
Powell’s status as a commissioner was called into question by Tafelski last May. Tafelski discovered Powell had not taken an oath for her most recent four-year reappointment one day after the Civil Service Commission by a 3-2 vote tabled a request from Tafelski to re-assign/classify an employee from the City Council office to the City Clerk’s office.
Powell, a former Dearborn councilwoman, was reappointed in May 2009 and had been serving for a full year before Tafelski’s discovery. The Civil Service Commission oversees the hiring and appointment of persons to various city government positions and their salaries.
Depositions are scheduled to take place on Oct. 19. A hearing on those depositions is currently set for Nov. 9.
Of course, there wouldn’t be a need for any of the depositions if the City of Dearborn’s Civic Service Commission simply decided to reinstate Powell and have her take an oath. Judge Sullivan left that option open for both sides as a way to end this matter.
