Politics or public service? Appointees weigh little-known law from 1939

May 3—TRAVERSE CITY — A little-known state law from 1939 is disrupting Grand Traverse County's ability to appoint members to the Department of Health and Human Services.

It's also forcing some local leaders to resign from political party positions.

The Social Welfare Act of 1939, passed during the Great Depression, prohibits members of a "county social services" board from participating in "any form of political activity."

Those in violation of the law "shall be subject to discharge ... or other disciplinary action."

Former state Attorney General Frank Kelly confirmed the validity of that law in a 1980 legal opinion requested by legislator Kenneth DeBeaussaert.

As a result, DHHS board member Haider Kazim announced this week that he is resigning from his position as a precinct delegate for the Grand Traverse County Republican Party.

"I have read the text of the law, and the attorney general's statement from 1980," said Kazim, a local attorney. "For that reason, I am resigning my position as precinct delegate. I will continue to serve on the DHHS board."

The DHHS board oversees the Grand Traverse Pavilions, Michigan's largest county-owned senior living facility. That three-member board currently has one vacancy.

If Kazim had resigned from the DHHS board instead, it would not be able to function because it requires a quorum of at least two members, officials said. (Kazim also chairs the county road commission board, which is not affected by the 1939 law.)

For her part, DHHS board chair Mary Marois said Kazim "did the right thing" by resigning his position as precinct delegate.

"He's a really good board member, and we particularly need his wisdom and commitment," she said. "I know he really thought this through. He decided to put public service ahead of political matters."

Two other applicants for the DHHS board — Carol Crawford and Harold Lassers — have faced the same limitation on political activity.

Crawford, who served as a county commissioner from 2015-2018, is a county Republican delegate from Acme. She said Thursday that she would be willing to resign from that partisan position to serve on the DHHS board.

"I have a passion for public service," she said. "It's absolutely important to have the people of Grand Traverse County represented on our local boards and authorities."

Crawford has applied for both the DHHS board and the Northern Lakes Community Mental Health Authority board. She said she's eager "to serve where they could use me best."

Harold Lassers is a precinct delegate for the local Democratic Party. He also serves as the party's communications officer.

"I came across this issue when researching my own application to serve on the DHHS board," he said. "When I found the 1939 law online, I said, 'Holy smokes!' — this applies to me, too!"

Subsequently, Lassers withdrew his application to continue his two partisan roles with Grand Traverse Democrats. He then announced his legal discovery at the April 15 meeting of the county's ad hoc interview committee.

Lassers' documentation was referred to Matt Nordfjord, legal counsel to the county board, for his assessment.

All of this came to a head at Wednesday's meeting of the county commission. Board members were set to vote on a recommendation from the ad hoc interview committee to appoint Crawford to the Northern Lakes board, and Christal Frost Anderson to the DHHS board.

However, county commissioners voted to delay those appointments because of the requirements of the 1939 law, and because Anderson apparently expressed her preference to serve on the Northern Lakes board instead of DHHS.

"This is absolutely the first time I've heard of this law," said County Administrator Nate Alger. "I'm grateful for the information Harold Lassers provided and, of course, it's our duty to follow the law."

Contacted as his law office in Lansing, Nordfjord said it is "the nature of the beast" that many state and federal laws from the past may fade into the mists of history.

"I can't imagine that many people knew about this law," he said. "I'd guess that the county will be updating its questionnaire for DHHS board applicants going forward."

Alger, who previously served as county undersheriff, said some laws from history were passed to address a specific issue or problem that may no longer be relevant to us. The 85-year-old law in this situation may be an example of this, he added, although it still must be followed.

The county's ad hoc interview committee will meet again later this month in hopes of finalizing at least two appointment recommendations in time for the May 15 county board meeting, officials said.

The group is also seeking to interview more candidates for the county's Veterans Affairs Administrative Committee.