County sends letter to Whitmer to remove Lillywhite from office

CENTREVILLE – An effort by St. Joseph County Board of Commissioners to remove Sheriff Mark Lillywhite from office took a step forward last week.

A letter conveying the board’s concerns about Lillywhite was mailed Saturday to Gov. Gretchen Whitmer. A copy was also submitted to Michigan Attorney General Dana Nessel.

Included in addition to the two-page letter were an affidavit and six pages of corresponding court records relevant to Lillywhite’s February operating-while-intoxicated case.

St. Joseph County Board of Commissioners agreed Aug. 15 to initiate the process of removing Lillywhite from office. Without authority of their own to remove an elected official from office, commissioners decided to pursue their only other legitimate option and appeal their case to Whitmer.

Lillywhite’s attempted ouster is pursuant to Michigan Compiled Laws 168.207, which was referenced in the letter commissioners sent to Whitmer. The letter was compiled by the county’s legal firm.

Dated Aug. 31, the letter starts: “As the board of commissioners of St. Joseph County, we are responsible for ensuring appropriate use of taxpayer dollars. Therefore, we are writing to notify you of Sheriff Mark Lillywhite’s willful neglect of his statutory duties as an elected official.”

The letter continued, referencing Lillywhite’s Feb. 26 arrest in Kalamazoo County, which followed a rear-end collision involving another vehicle, and Lillywhite’s April 24 guilty plea to a misdemeanor charge of operating while intoxicated and sentence of one-year of probation.

“Since his conviction, it has come to our attention that he has failed to perform statutory duties as sheriff, exhibiting willful neglect of his office, in violation of MCL 750.478. The board has been advised that Sheriff Lillywhite has even started working in a full-time position with another employee,” the letter stated.

It went on to mention Lillywhite’s mandatory attendance at the commission’s Aug. 15 monthly meeting, where he was asked to provide a report regarding the performance of his duties as sheriff.

“At the meeting, Sheriff Lillywhite failed to discuss any aspect of his performance as sheriff and instead spoke about general operations of the department. He left abruptly, refusing to answer commissioners’ questions, stating ‘I’m done’ as he walked out of the meeting.”

The letter then went on to state how commissioners believe it is imperative such matters be brought to Whitmer’s attention.

“We have received numerous complaints from citizens regarding this issue and determined that we have an obligation to act, recognizing that we are constrained in our options under Michigan law.”

County Administrator Teresa Doehring indicated she emailed and hand-delivered a letter to Lillywhite on Sept. 1.

The letter, signed by county commission chairman Ken Malone, reads: “As stated in our letter sent to you on Aug. 4, 2023, the St. Joseph County Board of Commissioners has an obligation to the public to ensure that county expenses are necessary and justified. In accordance with this statute, we requested you to appear at the board meeting on Aug. 15, 2023, to report on your performance of the duties of your office. At the meeting, you shared information regarding general operations within your department, but you failed to discuss the performance of your duties as sheriff. Additionally, you abruptly left the meeting without allowing the board an opportunity to ask you any additional questions about your job performance.”

The letter continued.

“The board has determined that you have willfully neglected the duties of your office and, therefore, will initiate a complaint with the governor asking that you be removed from office in accordance with MCL 168.2p07. In the alternative, the board would also accept your resignation as sheriff. If you decide to resign please send your letter of resignation to my attention.”

Lillywhite, a Flowerfield Township resident, remains on the payroll even though Undersheriff Jason Bingaman has absorbed his duties. Lillywhite’s salary is $105,000. His term as sheriff expires at the end of 2024.

Meanwhile, Doehring said the county’s insurance carrier has issued the county a check in excess of $30,000 for the vehicle Lillywhite totaled in the Feb. 26 crash on U.S. 131, south of Schoolcraft.

This article originally appeared on Sturgis Journal: County sends letter to Whitmer to remove Lillywhite from office