Ilsa Minor | Daily Press Gladstone City Commissioner Brad Mantela waits for the Delta County Election Commission to determine if a petition seeking is recall is sufficiently clear for voters. Masks were still required at the Delta County Courthouse, in accordance with rules from the Michigan Supreme Court.

ESCANABA — A recall petition targeting Gladstone City Commissioner Brad Mantela can officially begin circulating following a hearing held Tuesday afternoon by the Delta County Election Commission.

The language for the petition seeking to recall Mantela was filed with the county on June 4 by former city commissioner and long-time litigator against the city Mike O’Connor. Specifically, the petition states the reason for the recall is that “On July 27, 2020, Gladstone City Commissioner, Brad Mantela, voted to pass Special Assessment Resolution 2020-12-4 (4th Street Infrastructure Project).”

“I think the petition is self-explanatory. The item in it is true. I don’t believe there’s any doubt about that,” said O’Connor when asked to explain his petition to the election commission during the clarity hearing, held in the Delta County Probate Courtroom.

Mantela did not argue the factual nature of the petition.

“That is a fact. I voted as part of my duty as an elected official and I fulfilled that duty,” said Mantela.

According to minutes for the July 27, 2020 meeting, Mantela was not the only commissioner who voted in support of the special assessment district’s creation. Commissioners Judy Akkala, Darin Hunter and Greg Styczynski also voted in favor of the measure. Hunter has since resigned from the commission. O’Connor is not seeking the recall of Akkala or Styczynski.

Mayor Joe Thompson was absent from the July 27, 2020 meeting. Mantela, who serves as the city’s mayor pro tem, led the meeting in his absence.

While both Mantela and O’Connor have served on the Gladstone City Commission, they have not served together. Mantela was initially appointed to the commission in 2016 to fill the opening created when O’Connor unexpectedly resigned from the commission after being told he would be required to sign a non-disparagement agreement as part of a settlement with former City Manager Darla Falcon. Mantela was later elected to the commission, allowing him to continue serving after O’Connor’s term had expired.

Following O’Connor’s departure from the city, the former commissioner began a series of lawsuits against the city, the Gladstone Downtown Development Authority, and City Clerk Kim Berry. The first round of these lawsuits was settled in December of 2018, however, O’Connor filed a new lawsuit on April 27 of this year, claiming the city had violated its charter and a legal notice requirements when creating a special assessment for a different infrastructure project on 9th Street.

While Mantela’s role throughout the series of lawsuits has simply been that of a city commissioner, his existence on the commission has had a direct effect on how O’Connor’s lawsuits proceeded. Both cases were initially to be tried before Delta County Circuit Court Judge Judge John Economopoulos. However, Economopoulos recused himself from both cases citing a friendship with Mantela. The cases were passed on to Judge Mary Barglind following Economopoulos’ recusals.

Mantela’s friendships with Delta County judges played a role in Tuesday’s clarity hearing as well. The Delta County Election Commission consists of County Clerk Nancy Przewrocki, County Treasurer Sherry Godfrey, and Probate Court Judge Perry Lund, but shortly after the start of the meeting Lund recused himself.

“I am personal friends with Mr. Mantela. He is a golf partner of mine. So I’m going to disqualify myself from the election commission on this matter. I have no choice but to do that,” said Lund.

Because Lund and the rest of the election commission are bound to the rules of the Open Meetings Act, the election commissioners had not discussed the petition or Lund’s relationship with Mantela prior to the start of the hearing.

By law, the meeting was allowed to continue, however a third election commissioner had to be temporarily appointed. Legally, the county sheriff, prosecutor, and register of deeds are permitted to step into the role. As Przewrocki also serves as the register of deeds for the county, there were only two choices. After a brief discussion, Przewrocki and Godfrey selected County Prosecutor Brett Gardner to fill the role, as his office is located in the courthouse.

After Gardner joined the two remaining election commissioners, the hearing proceeded quickly, with no questions from the election commissioners or protests to the language by Mantela. The language was unanimously approved but the three-member panel.

O’Connor now has 180 days to secure 536 signatures from registered voters in the city of Gladstone — 25% of the votes cast in Gladstone for all candidates running for governor in the last gubernatorial general election. However, the signatures themselves are only valid for 60 days before they begin to expire, meaning O’Connor must collect the needed signatures within the smaller window.

If O’Connor submits the signatures by July 30, Mantela’s name will appear on the November ballot along with any challengers vying for his seat. If Mantela wins or runs unopposed, he will maintain his seat on the commission. If a challenger wins, Mantela will lose the seat and the winner will join the commission.