Allegan council adopts resolution directing legal review after questions about councilmember residency

The Allegan City Council on Monday adopted Resolution 25.28 and directed the city clerk and city attorney to pursue next steps after staff reported concerns about one councilmember's residency.

City staff told the council that in August the police department informed them "the eviction notice was, served to mister Zeder along with a PPO," and that attempts to contact the member by email and text in September produced no clear residency confirmation. Staff said investigators had observed the member staying at the Mason's Lodge, which staff stated is outside the city limits.

The resolution, introduced by the mayor and moved by a councilmember, passed by voice vote with no recorded opposition. Council discussion focused on the City Charter's residency and qualifications provisions, which staff cited during the meeting. A staff explanation referenced charter sections dealing with continuous residency requirements and the council's ability to judge a member's qualifications and direct further action.

During debate, councilmembers pressed staff for a timeline and said they wanted to ensure the member had sufficient opportunity to respond before any formal disqualification. One councilmember asked, "Is it so temporary?" and another noted the option for the member to request a hearing to appeal any qualifications determination.

Following the resolution vote, council moved on to address the practical vacancy process. City staff recommended posting an application for registered electors in the city to apply to fill the council seat, with a deadline of Oct. 10 at 5 p.m. Councilmembers agreed that interviews could be scheduled in a special meeting after the application period concludes and noted the 35-day statutory window for filling a vacancy and the potential for appeals.

Votes at a glance

- Motion to excuse absent councilmember (name redacted in transcript): Passed by voice vote (no roll-call tally recorded).

- Resolution 25.28 (directing city clerk and city attorney to take necessary steps regarding a councilmember's residency/qualifications): Adopted by voice vote; no opposing voices recorded.

- Motion to post application for city council vacancy with deadline Oct. 10 at 5 p.m.: Passed by voice vote; no opposing voices recorded.

What happens next

The resolution directs staff and legal counsel to take "necessary steps," which the council said could include determining whether a formal qualifications hearing is warranted. The council also authorized the clerk to accept applications through Oct. 10; members said they expect to schedule interviews in a special meeting after the application period and noted any affected councilmember may appeal a qualifications finding under the charter.

Speakers quoted in this article are taken from the meeting transcript and appear as recorded by the council: city staff, who reported the eviction and lack of residency confirmation; Mayor Perrigo; and multiple councilmembers during the discussion. The transcript uses a redaction ("******") in one early motion to excuse a councilmember; the subsequent residency discussion named "Mister Zeder" as the subject of staff's residency review.