Commissioners start process to remove Lillywhite from sheriff office

CENTREVILLE – St. Joseph County Board of Commissioners agreed Tuesday to initiate the process of removing Mark Lillywhite from the office of sheriff.

By a 6-1 vote, commissioners approved a motion made by Commissioner Jared Hoffmaster, who requested a complaint be registered with Gov. Gretchen Whitmer, with the intent of having Lillywhite removed from office.

The motion came toward the conclusion of the meeting and after Lillywhite himself appeared before the seven-member panel to provide an update on the sheriff’s department. During his 3 1/2-minute presentation, Lillywhite highlighted nearly a dozen situations in which the sheriff’s department has been involved since the start of the year. Instances he cited include drug raids, the seizure of weapons, life-saving administration of first-aid, assistance in a missing persons case and department employee awards.

Lillywhite concluded his report and left the podium. As he proceeded to exit the room, board chairman Ken Malone asked if Lillywhite would please stay for questions. Lillywhite maintained his pace, responded “I’m done,” and left.

Malone was clearly dumbfounded and took nearly half a minute to regroup.

“I’m glad to see Mark show up. I had not seen him in months and I would have liked to have had the opportunity to ask questions because of circumstances,” Malone said. “Unfortunately, we’re not going to get that opportunity.”

Commissioners continued with the rest of their meeting but the conversation returned to Lillywhite during “Commissioner Comments” time at the end of the meeting agenda.

Commissioner Rick Shaffer, speaking in an uncharacteristically somber manner, said he appreciates Lillywhite responding to the commission’s request to appear before them Tuesday. Yet, he said Lillywhite’s appearance was far from impressive.

“As a commissioner and as the voice of my constituents, I heard nothing more than a regurgitation of the news,” Shaffer said. “I was disappointed not to hear any comments relative to his leadership and any of those undertakings of the past few months, and I find it extremely disappointing that, although he was here tonight, he wasn’t able to stay long enough for some comments.”

Shaffer had more to say.

“I’m very disappointed. I’m very disappointed that he continues to hang on to the mantra of sheriff but not being visible in required roles and responsibilities,” he added. “I think I’d better leave it at that.”

Hoffmaster followed Shaffer and led off with a lengthy analysis of the situation. Hoffmaster said he took no glory in criticizing Lillywhite, as the two have been friends for several years.

Still, Hoffmaster said Lillywhite owes the public the courtesy of an apology and an explanation.

“People make mistakes and I think everybody in this room understands that. I’ve made mistakes. But … part of the way to get back on track is admitting you made a mistake – which I have yet to hear (from Lillywhite) – and make amends for that mistake,” Hoffmaster said. “This is not making amends for the mistake he made. For him to even put us in this position, to be honest, makes me upset.

“I can’t go home to my kids and say, ‘Yeah, it’s OK for you not to show up to work to do the job that you are entrusted to do,” Hoffmaster added. “There’s a lot of questions that could be asked to Mark and unfortunately he’s not here to answer them, and I find that very disappointing.”

Hoffmaster made reference to Lillywhite currently working a full-time job at a Three Rivers manufacturing facility. Hoffmaster said he is flabbergasted that Lillywhite, 48, would do such a thing and not resign as sheriff.

“He can either come back and be our sheriff … or he could resign or he could retire. But, the problem is to have a full-time job somewhere else, collecting a full paycheck, and then also having the taxpayers in our county pay a full-time sheriff while our undersheriff is doing 100% of the (sheriff’s) responsibility, getting no credit and not getting paid for it. That blows my mind.”

Hoffmaster paused, then made the motion that could potentially end Lillywhite’s three-plus years role as sheriff.

“I move that we initiate a complaint with the governor, asking that sheriff Mark Lillywhite be removed from office, pursuant to MCL 168.207,” Hoffmaster said.

Commissioners have correctly stated that because Lillywhite is an elected official, they do not have the power or authority to remove him from office. With Lillywhite apparently opting to not resign, the only options to remove him from office are through Whitmer or through a recall.

County officials said a recall vote would cost St. Joseph County, its 16 townships, six villages and two cities as much as $100,000, collectively. Malone said afterward the appeal to Whitmer is the more prudent option for the county to pursue.

The correspondence to Whitmer will be prepared by the county’s legal representative and likely sent before the end of August, Malone said.

Malone noted he asked Lillywhite in March about what he planned to do regarding his role as sheriff. Malone said Lillywhite indicated to him then that he planned to resign.

Lillywhite, a Flowerfield Township resident, remains on the payroll even though Undersheriff Jason Bingaman has absorbed the duties of sheriff since Lillywhite’s February arrest in Kalamazoo County for driving under the influence.

Lillywhite’s salary is $105,000. His term as sheriff expires at the end of 2024.

Lillywhite was sentenced in April to one year of probation after pleading guilty to two misdemeanors: operating while intoxicated and carrying a concealed weapon while under the influence of alcohol. State police said Lillywhite’s blood-alcohol content was 0.25 percent.

During his sentencing in Kalamazoo County, Lillywhite apologized to the people in a car that his county-issued vehicle rear-ended, and to the police and fire personnel who responded to the incident.

“I also want to say sorry to the citizens that I represent and people that work at the St. Joseph County sheriff’s department,” he said at the April 24 sentencing. “I let them down.”

County Administrator Teresa Doehring said the county’s insurance carrier has issued the county a check in excess of $30,000 for the vehicle that Lillywhite totaled in the Feb. 26 crash on U.S. 131, south of Schoolcraft.

This article originally appeared on Sturgis Journal: Commissioners start process to remove Lillywhite from sheriff office