The Leelanau County Board of Commissioners agreed to lawyer up Jan. 24 in anticipation of the Bay Area Transportation Authority (BATA) suing Grand Traverse County. The dispute centers around the recent addition of a second Grand Traverse County commissioner to the BATA board, while an August 2023 agreement says the board shall have one commissioner from each of the two member counties.
The Leelanau County board requested Administrator Deb Allen pursue legal counsel to represent the county in potential litigation in this dispute. Allen said that as of last week, the county has not found a representative because local firms all have conflicts of interest surrounding BATA and Grand Traverse County.
The BATA board of directors narrowly approved by 5-4 vote on Jan. 17 the appointment of a second Grand Traverse County commissioner to the BATA board. BATA board chairman Richard Cochrun alleges that this appointment violates the board composition covenants.
The interlocal agreement between BATA and Grand Traverse and Leelanau counties says that “Each county shall appoint a county commissioner to serve as a member on the BATA board.” Grand Traverse County Commissioner Scott Sieffert is that representative, but one of Grand Traverse’s resident appointees — Brad Jewett –— also serves on the neighboring county’s board as vice chair.
“It was agreed that they would put one commissioner on the BATA board,” said Commissioner Jamie Kramer, the Leelanau County board’s representative. “And so, the legal result hinges on the letter ‘A’ (i.e., ‘a County Commissioner’). I hope the board will agree that was not what was intended in the beginning and that we will do our best to pull our own on this.”
Kramer’s motion to seek legal counsel was approved by a 5-2 vote, with commissioners Melinda Lautner and Jim O’Rourke voting no. The two commissioners stated their position that this dispute was a conflict between the BATA board and Grand Traverse County — one they didn’t need to get involved in, despite the county’s interests arguably being threatened by a Grand Traverse County majority on the board.
“I think there could be worse decisions than them placing a second commissioner on the BATA board. Because ultimately, I have to believe their best interest is in BATA, even though we all look at BATA differently,” Lautner said.
“I hate to agree with Melinda, but we don’t need to get into this. I mean, what’s our exposure?” asked O’Rourke. “I appreciate Jamie’s concern, but we’re really not involved in a lawsuit, and we’re wasting our time and we’re wasting Deb’s time.”
