Lets Be Clear

Al Perlongo is a putative member of Iron River City's city
council. He concurrently holds the position of fire chief
for the West Iron County Fire Department.

The city charter, with unusual clarity, states:

"No council member during the elected term shall hold any
compensated or appointive office or employment on or with
any intergovernmental agency or authority currently involved
in a contractual relationship with the City." [1]

Michigan, in its constitution, brings the state under the umbrella
generally referred to as Dillon's Rule. which states:

"Municipal corporations owe their origin to, and derive their
powers and rights wholly from, the legislature. It breathes into
them the breath of life, without which they cannot exist. As it
creates, so may it destroy. If it may destroy, it may abridge
and control."[2]


This city charter may not be waived or altered  by the city
council except with the approval of the state legislature. In
short, Mr Perlongo was required to resign one position or the
other at the time he was sworn in.

It is clear that the city council, and Iron River City, are not
self-policing as they are bound by the oaths of office that
they took. This is, in itself, a significant and a serious
problem that has led to all sorts of criminal mischief on the
part of the city. Mr. Perlongo was elected in 2011 followed
by swearing in and seated on the city council in January of
2012. Why has it taken 9 months for this issue to come to
a head?

He never should have been sworn in. His elected office
was forfeit on the first day he presented himself for office.
Whatever he has been paid must be returned to the city
coffers, and a review made of every vote in which he
participated to determine whether or not the decisions
of the city council are legal, and whether his presence
constituted a necessary attendance to constitute a quorum
at any meeting.

Let's be clear about this. Mr. Perlongo violated the city
charter, and the other members of the city council are
complicit in allowing the violation.


City charter: "Section 2.06. (....)

"     (a)     Vacancies.  The office of a council member shall
become vacant upon the member's death, resignation,
removal from office or forfeiture of office in any manner
by law.

 "(b)     Forfeiture of Office.  A council member shall forfeit
that office if the council member:
"(1)     Lacks at any time during the term of office for which
elected any qualification for the office prescribed by this charter
or by law;
"(2)     Violates any express prohibition of this charter;
(....) "[3]

The city council has given itself quite a job to do in correcting
any other errors that may have resulted from Mr. Perlongo's
illegal assumption of a seat on the city council. His delayed
resignation from the fire chief position does nothing to allay
this situation of illegality of his participation on the city council
to date.

And let's be clear about this too.  Once Mr. Perlongo forfeited
the seat on the city council, the only way that he can be seated
on the city council is by being appointed to the position after
he resigns as fire chief, and is sworn in once again. There is
nothing that can make his activities as a past putative member
of the city council legitimate or legal.

There's no excuse for what has happened. Sad to say, that's
nothing new where Iron River City is concerned.

Bill Vajk


[1] http://tinyurl.com/y94bk3w   charter section 2.09
[2] Clinton v Cedar Rapids and the Missouri River 
Railroad, (24 Iowa 455; 1868) and repeated in pertinent
federal courts.
[3] http://tinyurl.com/y94bk3w