Declaratory judgement sought regarding CMHSAS

A complaint for declaratory judgment regarding the attempt to dismiss three members from the Community Mental Health and Substance Abuse Services Authority Board was filed Wednesday in St. Joseph County Circuit Court.
The action comes on the heels of a CMHSAS special board meeting Monday, during which its members directed Grand Rapids-based attorney John Gretzinger to file the declaratory judgment action. According to the resolution approved Monday, the declaratory judgment action is being sought to clarify the grounds upon which the county board can proceed to remove CMHSAS board members Larry Walton, Gaylene Adams and board chair Barb Parker.
County commissioners last week voted to send to the CMH board notification of intent to remove the trio from the 12-member panel.
The declaratory judgment action also seeks clarification on determining if the county commission’s action was lawfully enacted. There is a window of 21 to 28 days to allow for an answer to the complaint before a hearing is set and subsequently staged before Judge Paul Stutesman.
In a separate vote Monday, the CMHSAS board agreed to censure members Don Eaton and Rick Shaffer – who also serve as county commissioners.

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