EAGLE RIVER — A recommendation from the Keweenaw County Planning Commission to remove one of its members was the topic of discussion before the County Board of Commissioners on Monday.

The purpose of the meeting was to review whether the prior appointments of all currently serving members of the Planning Commission (PC) should be ratified and whether they should serve for the remainder of their previously established terms, and to set a date for a public hearing on the commission’s recommendation to have PC member AJ Kern removed from the commission.

But as the meeting began, a conflict arose over whether the event was a public hearing or a special meeting.

During the public comment period, Kern addressed the Board concerning two issues: one, that the meeting was a public hearing and not a special meeting, and two, the county board violated the Michigan Zoning and Enabling Act by not providing proper previous notice of the hearing.

Referencing the meeting minutes of the Feb. 19 regular meeting of the board, Kern said Monday’s meeting was a public hearing and not a special meeting. She added that documents obtained from the county attorney’s office showed that the attorney had recommended a public hearing.

According to the meeting minutes of the regular February county board meeting, a motion was made by Vice Chairman Del Rajala, and unanimously carried, to hold a public hearing on Monday, March 10, at 6:30 p.m.

But on Feb. 27, the county’s website posted an announcement: “Keweenaw County Board of Commissioners Special Meeting for Planning Commission Membership.”

By definition, a public hearing is a formal meeting where the public can share their opinions on a proposed action or plan. Public hearings are often held by government agencies before making decisions that affect the community. In contrast, Michigan legislature states.

A special meeting of the county board of commissioners of a county shall be held only when requested by at least one-third of the members of the county board of commissioners of the county.

The second issue Kern raised is that announcement of the meeting was in violation of the Michigan Zoning Enabling Act, because the announcement was not in accordance the Act.

Kern read from Sec.103 (1) of the Act, which reads, in part:

“Except as otherwise provided under this act, if a local unit of government conducts a public hearing required under this act, the local unit of government shall publish notice of the hearing in a newspaper of general circulation in the local unit of government not less than 15 days before the date of the hearing.”

Not only did the county not publish the announcement in the local newspaper, said Kern, the notice that was posted on the county website was posted on Feb. 27, 12 days before the meeting, not 15 days.

Board of Commissioners Chairman Don Piche disagreed with Kern, saying that he was given to understand from County Clerk Julie Carlson that the meeting was permissible.

“I kind of think you’re wrong on that one,” Piche said, “because Julie’s pretty good at this stuff.”

A motion by the board was unanimously approved to re-appoint the previous members of the Planning Commission in its entirety.

The second order of business was to establish a date for a public hearing on the PC’s recommendation against Kern.

Piche read from the request filed by Kern to schedule a hearing regarding PC Chair John Parson’s charges against her.

The hearing is scheduled to be held on April 1, with notice to given per regular meeting notice requirements.

“Kern will have until Mar. 25 to file her response, as she requested,” Piche read. “Both sides will have to provide any written evidence to the Clerk to support their positions.”

The hearing, said Piche, will be limited to charges filed by Parsons on Feb. 25. No new, amended, or additional allegations will be considered.