CENTREVILLE – St. Joseph County Commissioner Luis Rosado provided an explanation about his vote Tuesday against seeking Gov. Gretchen Whitmer’s intervention to have Sheriff Mark Lillywhite removed from office.

Luis Rosado

A motion was passed, 6-1, by county commissioners during this week’s monthly St. Joseph County Board of Commissioners meeting. The motion requested Whitmer exercise her authority to remove Lillywhite from the office he has held since February 2020 on an interim basis and January 2021 as an elected official. His four-year term concludes at the end of 2024.

Rosado on Thursday said he had fielded questions from a number of constituents following Tuesday’s vote. Rosado said he explained that his vote was cast out of caution based on the circumstances of Lillywhite’s appearance at the commission meeting.

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Rosado referenced a letter commissioners sent Lillywhite ahead of the meeting. The letter, dated Aug. 4, cited a Michigan statute giving a county board “the authority to require a county officer whose salary or compensation is paid by the county to make a report under oath to the county board of commissioners on any subject connected with the duties of that office.”

The letter states failure to appear before commissioners could prompt a complaint with Whitmer and possibly trigger the process of ultimately being removed from office.

In accordance with that statute, Lillywhite’s presence was requested. Lillywhite honored the request and provided a 3 1/2-minute summary of sheriff department activity. It included references to high-profile cases involving the department, construction-related projects at the Centreville-based department as well as the agency’s annual employee awards.

Lillywhite declined chairman Ken Malone’s request to remain at the podium to field questions, opting instead to leave the meeting.

Rosado said he was as stunned as the other six commissioners at Lillywhite’s immediate exit and “I’m done” response to Malone. Still, Rosado said Lillywhite did exactly what was asked of him.

“The letter clearly stated that if Mark doesn’t show up and make a report on the sheriff’s department, the county commission would consider getting the governor involved in an attempt to remove him from office,” Rosado said. “Well, Mark did show up. Mark did give a report. And the commission still decided to pursue action from the governor.”

Rosado, a first-year commissioner whose jurisdiction covers Constantine, Mottville and White Pigeon townships, said he would have preferred to go into closed session and discuss the situation with the county’s legal representative before making such a vote. Commissioner Dennis Allen sided with Rosado’s rationale but voted reluctantly with the majority of his commission peers.

“One of the questions I would like answered before we take a step to send a letter to the governor is ‘Are you planning on coming back to work?’” Allen said Tuesday. “The last thing we’d want to do is send a letter and ask for him to be replaced, and then tomorrow or three days from now he begins to show up for work. I’d be happy to ask him that question.”

Malone said he asked Lillywhite in March whether he planned to step down. Malone said Lillywhite confirmed at that time he would, in fact, resign.

Rosado said Thursday it’s his understanding that Lillywhite did, in fact, plan to return to the sheriff’s office Thursday, working a shift starting around 5:30 p.m. Lillywhite did not respond to a text seeking clarification of Rosado’s claim.

“I don’t want to be misunderstood; its not that I don’t think that he needs to be held accountable for his actions, what I’m trying to do is protect us from liability and exposure,” Rosado said during Tuesday’s meeting. “The letter clearly states a statute that requires him to come here and report on the performance of the duties of (the sheriff). It does not require him to come here and explain to us why he is doing what he is doing.”

Rosado reiterated Lillywhite did what was asked of him. Following through on pursuing Whitmer’s intervention should have been discussed with legal representation in closed session first, he said.

Commissioner Rick Shaffer said he appreciates Rosado’s caution. However, Shaffer said he would rather not wait until the commission’s September meeting to conduct such a closed section. Outside of a special meeting within two weeks, Shaffer stood by his second to the motion.

As matters stood Tuesday evening, the letter to Whitmer would be drafted by the county’s legal representatives and sent before the end of the month.

This article originally appeared on Sturgis Journal: Commissioner Rosado explains no vote on starting process to remove sheriff from office