ST. JOSEPH — Bill Hodge, a former Berrien County road commissioner and the current supervisor of Bainbridge Township, has recently requested a preliminary injunction from the Berrien County Trial Court to be restored as the road commissioner.
The Berrien County Board of Commissioners unanimously voted on a resolution to remove Hodge from his role as road commissioner during the regular meeting on Dec. 1 under the Michigan Incompatible Public Offices Act: MCL 15.181(b)(iii).
The board of commissioners believed a resolution was necessary when Hodge, who won an unopposed race for Bainbridge Township supervisor this year and was sworn in on Nov. 21, “insisted on sitting as an active board member of the Road Commission on Nov. 30, 2016,” according to a release from the board.
The section of the law cited by the board indicates that they believe the two offices that Hodge was filling would result in “a breach of duty of public office.”
Bill Wolf, the county administrator, said the problem is that the two offices have active contracts with one another. There are 22 townships that have contracts and negotiate for services with the road commission.
“In the future, he would, in effect, be negotiating with himself,” Wolf said. “[The issue arises] when you cannot escape that when everything you do affects that other position.”
Hodge’s request from the court asks for him to be restored to his position as road commissioner, to order the board to have a hearing about his removal and to compensate him with lost pay, benefits and attorney fees.
“In spite of the fact that Mr. Hodge admits that he was serving incompatible offices, he still insisted on filing a lawsuit against the board of commissioners for his removal from the road commission,” Jon Hinkelman, the chairman of the county board of commissioners, said in a release. “He is asking the court to put him back on the road commission and allow him to work as both a township supervisor and a board member of the road commission. The fact that Mr. Hodge is using the court system, and taxpayer dollars, to allow him to continue in violation of a state statue, and in violation of the public trust, is a waste of resources and an abuse of the tax funds that he is charged with protecting. The board of commissioners, as the elected body charged with answering to all constituents of Berrien County, cannot tolerate such an abuse.”
Attempts to reach Hodge for comment prior to press time were unsuccessful.
The motion for the primary injunction is expected to be heard at 10:15 a.m. Thursday, Jan. 12, by Judge John Donahue of the civil division of the court.