Sumpter attorney to review non-payment of deputy supervisor salary

Sumpter Township Trustee Peggy Morgan asked fellow board members to look into why new Deputy Supervisor Ken Bednark is not getting paid.
She asked the question during the regular township board meeting held Jan. 12 via Zoom. After much discussion the board voted unanimously to have township attorney Rob Young look at the situation and how the money paid to Bednark at first, later was taken away.
Trustee Morgan said the pay authorized by Supervisor Tim Bowman was paid up to Dec. 15, when the board cut the deputy supervisor’s pay. Then, after Dec. 15 there were deductions and no paycheck.
Supervisor Bowman was not at the Jan. 12 meeting because of a death in the family.
Morgan said Bowman called her and asked her to speak about the problem. He said he sent an email asking why the township did it and then got advice from the Michigan Township Association asking if the deputy supervisor’s pay can be determined by the board.
Morgan said Bowman told her the MTA told him the compensation is based on the position, not the person, and the pay would stay until the board changed it.
“He was being paid the same as Karen Armatis,” Morgan said, referring to the last deputy supervisor.
She said Bowman told her he went in and talked to Human Resources Director Michelle Bellingham, who reportedly told him, “We’re going to make him pay that back.”
Morgan said she wondered who “we” was and she would rather pay attorney Young to look at the issue than have Bednark file a lawsuit to get the money returned to him.
Trustee Matthew Oddy said Bellingham, Young, and Finance Director Michelle Cole talked to the MTA and were told there is no pay to any deputy until the board approves it. He said emails were going around and the trustees got together to call a special meeting.
“No one in the township can approve pay but the board,” Trustee Oddy said.
Morgan said Bowman looked into this on Nov. 17 and he said the MTA said the next deputy that comes into this position is paid what the last one was. She said Bowman is new to the job and got the MTA opinion so he’d know what to do.
“It has nothing to do with Ken Bednark,” Morgan continued. “The very first check was $1,200 and then there was nothing since and no information from Michelle [Bellingham] on what’s happening.
“This ain’t Peggy Morgan saying it. It’s the MTA opinion,” she said.
“Ken is working for no pay,” said Morgan, adding this is taking bread from his table. “He’s getting no pay and no explanation.”
Young said he had no conversation with the MTA, as Oddy had reported. Young said he spoke to Michelle Cole.
“My opinion would be to continue the last pay,” Young said. Morgan had said Bowman sent out an email earlier that day on the subject and Young said he didn’t find it on his computer.
Trustee Don LaPorte asked why this is being brought up now instead of in November when it happened.
“He should have let us know there was a problem,” Trustee LaPorte said.
“This needs to be researched,” said Oddy. “It’s not required by law to have a deputy,” he said, referring to the supervisor.
“The MTA said the law is very clear: Until the board approves, there is no deputy pay,” Oddy said. “Did he legally get the pay?”
“On Dec. 15 when this came up, I said Ken was paid what the last deputy had,” Morgan said, adding from Dec. 15 Bednark’s pay rate was set by the board.
LaPorte said the November memo should have been shared.
Oddy proposed adding this issue to the agenda, to review the deputy supervisor’s pay and if the supervisor had legal authority to pay him.
“I will send the email to Rob after this meeting,” Morgan said of Bowman’s email that day.
Morgan insisted on resolving the issue that evening.
Oddy said “Michelle” has contrary information and, “We need to go back to the MTA.”
Young asked why Bowman didn’t send a copy of the MTA email in November. He said he could take a look at the issue again.
“Any other issues?” Young asked.
“Michelle Bellingham is now making him pay back Karen’s pay at the Dec. 15 rate,” Morgan said. “He has not received a dime since.”
Oddy said Bednark had received pay and benefits and the benefits had to be paid back because the board took away his benefits Dec. 15.
Morgan said the board voted to take any and all benefits the previous deputy had away from the new deputy. She suggested they check with Bednark.
Morgan said she was told Bellingham said the board members told her to do this.
A motion was made by Morgan, seconded by Oddy, to have the attorney look at the pay scale and what was taken away as recorded in the Dec. 15 minutes which were just approved.
Oddy said that included any money the supervisor had legally authorized to pay not taken away until Dec. 15.
The motion passed unanimously.
Oddy said the board needs better communication and he received no emails from Bednark or the supervisor.
“They’re keeping the rest of the board in the dark,” Oddy said.
Morgan said it goes both ways and the supervisor was not alerted board members were going to cut his deputy to half-time.
She said there were a lot of emails going around and, “We should always be CC’d. We all work for the residents and I hope that happens.”
In other business at the Jan. 12 meeting, the board:
• Approved updated virtual meetings policies and procedures;
• Approved the annual resolution on Wayne County permit A-21044;
• Approved entering into a memorandum of understanding with the Western Wayne County Mobile Field Force. Public Safety Director Eric Luke said the township has belonged for 10 years but now they are setting up a budget and it will cost between $700 and $1,000;
• Tabled, as requested by Oddy, the requested termination of fire fighter Daniel Frost;
• Approved outfitting two new Ford Police Interceptor Utilities through Herkimer Radio at a total cost of $13,576.84, with Morgan voting no. Director Luke said they got the new vehicles a month ago and they are a different size inside and the old equipment can’t be transferred;
• Removed from the agenda a resolution on poverty exemption because the law has changed and there will be revisions;
• Approved dates for the 2021 planning commission meetings;
• Tabled the supervisor’s appointment of Eric Partridge to the planning commission with a term to expire Jan. 11, 2024;
• Tabled the supervisor’s appointment of Sherry Olds to the Zoning Board of Appeals as an alternate with a term to expire Jan. 13, 2024;
• Tabled the supervisor’s reappointment of Karen Woodington as an alternate to the Board of Review starting Jan. 1, 2021 and ending Jan. 1, 2024;
• Tabled the supervisor’s reappointment of Katrina Guisgand to the Board of Review with a term to expire Jan. 1, 2024;
• Tabled the supervisor’s reappointment of Kathie Steigerwald to the ZBA with a term to expire Dec. 17, 2023;
• Approved the Health Care Committee’s recommendation to approve the Blue Cross Network and Delta Dental renewals through Burnham and Flower at a total annual cost of $393,010.44;
• Approved the annual exemption from Contribution Act 152 of 2011 allowing employees to contribute 10% to their health costs, rather than requiring 20% under the Act;
• Approved removing prior Treasurer John Morgan and prior Deputy Treasurer Karen Armatis names from the Public Services Credit Union and renaming the account administrators as Treasurer James Clark and Deputy Treasurer Toni Clark. Verification is to be given to the board when this is completed to show the bonds are no longer in the former names;
• Approved extending virtual meetings through March 30 in keeping with the governor’s extension to the Open Meetings Act under the MDDHS Order for “Gatherings and Face Masks”;
• Approved on a 5-1 vote extension for 36 months of the agreement with Constellation Energy Services at $2.93/dth, with Morgan voting no. The contract resulted in about $8,500 in savings in 2020, according to information provided to the board;
• Approved MIOSHA’s Remote Work Policies that require any workers that can work from home to work remotely, as determined by each person’s direct supervisor. The motion was to include acknowledging the Sumpter Township Work at Home policy already in effect;
• Approved going out for quotes to replace the current township bulletin board at the community center to provide updated information electronically as recommended by the treasurer and deputy treasurer. Deputy Clark said she tried to clean the letters to announce the treasurers office was open to pay taxes and found the plastic letters on the current sign are brittle and hard to clean. Also, there are not enough letters to put up complete messages;
• Turned down a motion, on a 3-2 vote, to change Anna Winter’s title from Water Billing Clerk to Utility Billing Specialist, with Morgan and Clark in favor. Young said he believed this would be a collective-bargaining issue; and
• Agreed to have the treasurer or deputy treasurer consult with the Belleville Area District Library on a suggestion to add a coffee shop type of service for those who use the Library Media Center in Sumpter. Young reminded the board that the township has leased the building to the library and the library determines the use. Clerk Hurst said if they’re going to put up a coffee shop, “I want it a drive-through.”
Since Supervisor Bowman was absent from the meeting, Clerk Hurst served as chairperson.