By a 4-3 margin the Elmwood Township Board of Trustees voted on Monday against the re-appointments made by supervisor Derith Smith of Dave Darga, Chair of the township's advisory marina committee, and John Melichar, marina committee member. Darga and Melichar were both confirmed by the board in March of 2005 to single year terms.

In reversing themselves and voting against the re- appointments, the board majority bloc cited "the appearance of conflict of interest" as the overriding reason for removing Darga and Melichar from the committee. The appointments were supported by Trustees Howell and Walter. Walter, board representative to the marina committee, cited the hard work and professional expertise provided to the committee by both appointees. Trustee Howell questioned the conflict argument and stated that in his review of the proceedings of the marina committee he could not find an instance where a conflict of interest seemed to be at work.

While no specific complaints or examples of conflict of interest were cited, clerk Connie Preston spoke of "... grumblings..." and noted statements given by Judge Phillip Rodgers of the 13th circuit court in inveighing against Elmwood showing "the appearance of impropriety" in conducting its business. Although specific examples of written comments or examples of actual complaints were sought to illustrate problems with Darga and Melichar, Treasurer Deborah Street backed Preston up by noting that many of those that had commented on the alleged conflict did so anonymously, "They don't like to give (their) names," she told the board. After the board had voted Melichar's appointment down, supervisor Smith commented that, "Both Dave and John grew up in Elmwood Township, and they are expert in this field. Their help is an asset to the committee. No one has been excluded at the marina committee meetings. The contribution these two have made has been above and beyond..."

Darga owns a local marine service business and Melichar operates the gas dock at a private marina adjacent to the Elmwood's facility. Darga, as chair of the committee, has been central to the process of re-organizing marina operations and policies in the last year. The committee's work has been focused on instituting procedures that would end questionable practices followed in the past. Policies relative to parking, the marina waiting list, and fee collection practices have been re-examined and re-constituted . During last spring's board debate on the termination of Elmwood's previous harbormaster and deputy harbormaster, Darga provided the board with written findings detailing revenue shortfalls at the marina that resulted from his own examination of township records, marina operating receipts and fee schedules.

A consistent division among Elmwood board members has resulted in a series of 4-3 votes on marina issues. The same majority: Preston, Street, Lautner, and O'Rourke has voted against investigating previous marina practices, voted against validating supervisor Smith's action in dismissing the previous management, and voted to pay the terminated previous management $13,000 in return for a promise not to sue (no suit had been filed).

Judge Phillip Rodgers' original statement to the township regarding conflict of interest came as a part of a judgment against the township, and was made regarding the actions of John Gallagher (then township trustee and planning commission chair) and his involvement in a real estate deal he made with an applicant.