KALKASKA -- Two people, one seat on the Kalkaska County Road Commission. One picked by voters, the other tabbed by county officials.
Only one gets the post.
Richard Brewer Jr. ran for and was elected to the post on Nov. 4. But the Kalkaska County Board of Commissioners ignored the vote and appointed Margaret Custer on Dec. 9.
Custer was an incumbent on the road commission and the end of her term created the opening for which Brewer ran. Custer didn't bother to run for the post after county officials indicated a desire to change road commission seats from elected to appointed.
Now it appears she'll retain her old spot.
"My understanding is that it was voted on by the county commissioners to be an appointed position and that's what I believe it is," said Craig Wood, county commissioner. "I thought it should have remained an elected position."
Kalkaska County leaders voted in December 2006 to make the positions appointed, but the county's attorney advised that they needed to make that change by resolution. That didn't happen until May, after the deadline for candidates to file petitions to seek election. Brewer's name appeared on the November ballot and he was elected.
But he likely won't get a chance to serve.
"It's taking voters' rights away. Why not appoint the prosecutor and the sheriff, as well?" Brewer said.
Brewer will continue to fight for the seat and said he'll consider filing a lawsuit.
Custer said she believes the decision is out of her hands.
"It ends with the county commissioners. It doesn't end with me," she said. "It's a hard situation to be in. I did all that was required under the law. I applied and was interviewed and appointed. I would have run, too, but the commissioners said it was by appointment."
County Board Chairman George Shetler sent a letter to the road commission on Dec. 24 that said Custer gets the seat. He also sent a letter to Brewer on Dec. 19 to inform him that he won't get the position.
"Unfortunately, it seems you received incorrect advice and should not have been sworn in as a Road Commissioner for Kalkaska County, nor should you expect to be recognized as a Kalkaska County Road Commissioner," Shetler's wrote.
The situation is confusing for citizens, said Jacob Uitvlugt, road commission chairman.
"I was concerned that they were both sworn in," he said.
The road commission will seek a legal opinion prior to its Jan. 5 organizational meeting, Uitvlugt said.
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