RECALL AGAINST SAGINAW COUNTY SHERIFF FEDERSPIEL NOT JUST ABOUT
MUSTANG, PETITIONER SAYS

SAGINAW - Saginaw Township resident David J. Smith's effort to recall
Saginaw County Sheriff William L. Federspiel isn't just about the
sheriff's decision to drive a seized Ford Mustang GT, Smith says.

The 23-year-old Smith on May 24 filed a petition to recall Federspiel,
and the Saginaw County Election Commission on Wednesday approved the
clarity of the petition's wording, allowing Smith to seek signatures
in an effort to put the question to voters.

The reason for recall that Smith provides in the petition - a claim
that Federspiel violates state law by not always using the Mustang for
"official use" - is one of several reasons Smith told The Saginaw News
he wanted to include.

Federspiel has driven the Mustang since late January. The car's doors
read "Taken From A Local Drug Dealer," and the sheriff's initial
reaction to the recall attempt last week was to say it was in response
to his "tough stand against drug dealers in this county."

Chief among Smith's other reasons to recall Federspiel, Smith said,
was the way sheriff's deputies and federal agents on April 15 raided
the Saginaw Township home of Edwyn W. Boyke Jr. Authorities say Boyke,
a licensed medical marijuana patient, was violating the state's 2009
medical marijuana law by having too many plants. They destroyed his
growing equipment, which Boyke said was worth $7,000.

Smith claims Federspiel violated state law by serving a federal search
warrant, went against protocol in other areas of the state by
obtaining all of the plants Boyke was growing instead of those that
put him in violation of the law, and extorted $5,000 from Boyke to
allow him to receive property that officials seized.

Boyke's Saginaw Township attorney, Thomas L. Frank, negotiated an
agreement with Federspiel's department that Boyke would pay $5,000 to
get his property back, Federspiel says. Boyke could have asked a judge
to decide if his goods were purchased with the proceeds from drug sales.

Smith labeled the action as an "extortionist policy."

"The assets were seized without due process," Smith said. "It's a
fishy process of who actually picks what property to seize."

Federspiel said he "took offense" to Smith's claim of
extortion.

"You don't ever call me an extortionist without something to back it
up," the sheriff said. "Mr. Boyke had his due process, and he decided
to not go through with that. To use the word extortion in the same
sentence as Sheriff Federspiel is beyond appropriate."

Smith also took issue with Federspiel allowing his wife to ride in the
Mustang.

"To pick up his wife, go get dinner and then drop her off, that's
personal use," Smith said.

Federspiel said he has "citizens in my car all the
time."

"Officers take citizens, their wives, students in their vehicles all
the time," he said.

Federspiel recently transported two Saginaw High School seniors to
their pre-prom meeting spot last month in the vehicle, he said.

"I've said all along that the Mustang is a tool for education, and my
focus is primarily on youth," Federspiel said. "When the young lady
asked me to take her to prom, it tells me we're being effective."

Next step

With the election commission's approval of the recall petition, Smith
now has 180 days to collect more than 21,000 signatures in favor of
the recall.

The board - county Clerk Susan Kaltenbach, Treasurer Marvin D. Hare
and Chief Probate Judge Patrick J. McGraw - voted unanimously during
the hearing, intended only for the board members to examine the
clarity of the petition and not its accuracy.

Smith now has a 180-day window in which to collect the signatures of
at least 25 percent of those who voted in Saginaw County during the
last gubernatorial election. According to the Secretary of State,
81,250 people voted in that November 2006 election; 25 percent of that
is 21,313.

He must submit the signatures within 90 days of getting the first
signature.

Smith said he has a plan in place to collect the signatures. First he
will set up a website "to gather base interest," then organize a
"signing bomb" - one event designed to "get people to all sign at once."

On Tuesday, Smith said, "about 100 people" had contacted him
"interested in helping."

"If they get 200 signatures, that's 20,000 people," he said. "Mr.
Boyke said he felt he could get 5,000 signatures."

To get the recall on the November ballot, Smith would have to turn in
the required number of signatures by July 30. Wednesday, he said he'd
need about 30 days to set up the website and "get people together,"
which would leave him less than a month to get the signatures.

If he doesn't make the July 30 deadline but gathers enough signatures,
the recall likely then would go on the February ballot. Such an
election, because the February election date often goes by without any
elections or proposals, would cost the county about $80,000, said
county Deputy Clerk Theressa Zolton.

The sheriff said such a cost is detrimental to Saginaw County, where
County Controller and Chief Administrative Officer Marc A. McGill is
proposing 51 job reductions as part of $3.3 million in cuts.
Federspiel's department could bear the brunt of those cuts, with a
$1.2 million reduction and the loss of 10.5 road patrol deputies,
three detectives and two patrol sergeants.

"That cost equates to almost one deputy for an entire year,"
Federspiel said. "It blows my mind that I'm driving this Mustang
around to save taxpayers money and this person is trying to get me
recalled because I'm trying to save taxpayers money, and he's going to
cost them $80,000."

With the county in dire economic straits, Smith asked, "Why is the
sheriff driving around an expensive vehicle?"

"Why not sell it? That would pay for a position," Smith
said.

Federspiel said if he sold the Mustang, he could only use the proceeds
on education - "which the Mustang is," he said - or a drug detective.
With the potential losses the department faces, the sheriff said, it
would be "irresponsible to hire a deputy who just did drug
investigations."

Smith remained confident that Federspiel will be recalled.

"We have a very good chance," he said. "There are a lot of people who
are passionate about this who are willing to go the extra mile."