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Clawson council defines "default," appoints Richard Scott to fill vacancy

July 11, 2025 | Clawson, Oakland County, Michigan


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Clawson council defines "default," appoints Richard Scott to fill vacancy
Clawson City Council on Thursday adopted the city attorney's legal interpretation of the phrase "in default to the city," confirmed that the candidate's debt was paid, and appointed Richard Scott as an interim council member until the next regular city election in November 2025.

City Attorney Newsome told the council that the city's charter sections 4.29 and 4.31, together with the Home Rule City Act and Michigan attorney general guidance, require that a disqualifying default be an established, uncured obligation after notice and an opportunity to cure. Newsome said, "In conclusion, a candidate's unpaid utility bill, coupled with an opportunity to cure and failure to do so, constitutes sufficient grounds for disqualification." Michelle, the city clerk, told the council the debt "is paid in full currently. It was paid on 07/07, posted on 07/08."

The council debated whether an older definition of "default" that appeared in candidate packets (which described default as a "willful omission to account or pay over funds belonging to the city . . . with a corrupt intention") had misled the applicant. Council members and multiple public commenters said the older language caused confusion and concern for fairness; the city attorney reported he had instructed the clerk to update packet language and notify people who had filed.

After the legal opinion and the clerk's payment confirmation, Council member Cosmo Shepherd moved to proceed with the appointment. The council voted 3-1 to appoint Richard Scott, with Mayor Pro Tem Moffitt casting the lone no vote. Council member Shepherd moved; Council member Anderson indicated support. Mayor Mia Millan announced, "We've just agreed that mister Richard Scott will be serving as our interim city council member . . . He'll be serving until November." The council specified the appointment is until the next regular city election in November 2025.

During public comment, residents criticized the council's handling of the vacancy process and raised broader concerns about transparency and integrity. Heather Rinkovich said, "I do not see any of these qualities within the majority of you sitting on the dais this evening." Karen Knutson told the council she believed earlier council mistakes had cost the city "at least $70,000 in legal fees." Jamie Gills Takanuchi and others urged clearer procedures for appointments and for discussion of candidates to take place before votes.

The council's action combined three results: (1) the attorney's written opinion that a disqualifying default requires notice, an opportunity to cure, and an uncured obligation that is not the subject of pending legal challenge; (2) the clerk's confirmation that the candidate's water bill was paid on July 7 and posted July 8, 2025; and (3) a 3-1 vote to appoint Richard Scott to the vacant seat through the November 2025 election. Newsome told the council the applicant could have cured the obligation up to the time of appointment, and that past meetings (July 1) had included ranking votes taken while the obligation remained uncured.

The council's stated follow-up included updating candidate paperwork language to match the current legal standard and notifying filers of the revised definition.

The appointment takes effect immediately; the council did not adopt additional policies at the meeting. The council moved on after the vote to adjourn.

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