Resolution No. 260427-A, A Resolution to Censure Planning Commissioner Christopher Bagierek

CITY OF SAUGATUCK COUNTY OF ALLEGAN STATE OF MICHIGAN RESOLUTION NO. 260427-A A RESOLUTION TO CENSURE PLANNING COMMISSIONER CHRISTOPHER BAGIEREK Council Member____________________, offered the following resolution and moved for its adoption, seconded by Council Member____________________: RECITALS WHEREAS, on March 23, 2026, the Saugatuck City Council adopted a motion requesting the resignation of Planning Commissioner Christopher Bagierek within thirty (30) days, and indicating that failure to do so would result in consideration of censure and removal from the position of Vice Chairman; and WHEREAS, on April 14, 2026, Commissioner Bagierek notified the City via email that he accepted censure and voluntarily stepped down from the position of Vice Chairman effective immediately; and WHEREAS, Commissioner Bagierek has served on the Saugatuck Planning Commission since December 12, 2022; and WHEREAS, Commissioner Bagierek owns property located at 610 Lake Street containing a principal dwelling and an accessory dwelling unit (“ADU”); and WHEREAS, City records and third-party documentation indicate that Commissioner Bagierek’s property has been utilized as a short-term rental since at least October 2017; and WHEREAS, the City issued an enforcement notice in December 2021 for operation of an unlicensed short-term rental, after which Commissioner Bagierek obtained an STR certificate in June 2022; and WHEREAS, at all relevant times, the City’s Zoning Ordinance required special land use approval from the Planning Commission to rent an ADU separately from a principal dwelling and prohibited renting out individual rooms within a dwelling; and WHEREAS, evidence reviewed by the City Council indicates that the ADU on the property was rented separately from the principal dwelling for a period of years without the required special land use approval; and WHEREAS, during his tenure on the Planning Commission, Commissioner Bagierek deliberated and voted on multiple special land use applications and ordinance amendments relating to ADUs and short-term rentals, including applications substantially similar to his own property and circumstances; and

WHEREAS, Commissioner Bagierek did not disclose to the Planning Commission his rental of an ADU in a manner inconsistent with the Zoning Ordinance while participating in those deliberations; and WHEREAS, Commissioner Bagierek also participated in discussions and votes on recommended zoning ordinance amendments affecting ADUs, including amendments necessary to allow certain nonconforming ADUs to be rented, which had the potential to, and ultimately did, directly benefit his property by rendering it eligible to be rented under the zoning ordinance; and WHEREAS, under Michigan law (MCL 125.3815(9)), a Planning Commission member must disclose potential conflicts of interest prior to voting, and failure to do so constitutes malfeasance in office; and WHEREAS, the City of Saugatuck Ethics Policy requires appointed officials to disclose conflicts of interest and refrain from voting on matters in which such conflicts exist; and WHEREAS, the City Council finds that, regardless of intent or understanding, Commissioner Bagierek’s conduct created at minimum the appearance of a conflict of interest; and WHERERAS, under Section 4.5 of the City Charter, every appointed official in the City of Saugatuck, before assuming the duties of office, takes an oath of office to faithfully fulfill the duties of their office; and WHEREAS, appointed City officials are held to a high standard of conduct and are expected to represent City in a positive light and to set an example for the public; and WHEREAS, when City officials fail to follow regulations of general applicability, especially regulations that they are entrusted to administer and apply to others, it can undermine the public trust and damage the prestige of the City of Saugatuck; and WHEREAS, the City Council further finds that Commissioner Bagierek’s failure to comply with the same zoning requirements enforced by the Commission is inconsistent with the standards expected of the role; and WHEREAS, the City Council finds that Commissioner Bagierek’s actions represented a lack of diligence, effort, and good judgment that reflects poorly on the City of Saugatuck and its Planning Commission; and WHEREAS, the City Council recognizes Commissioner Bagierek’s willingness to accept censure and step down from a leadership position; NOW, THEREFORE, BE IT RESOLVED, that the Saugatuck City Council hereby formally censures Planning Commissioner Christopher Bagierek for failure to disclose a potential conflict of interest and for conduct inconsistent with the City’s Ethics Policy and inconsistent with the standards expected of City Planning Commissioners. BE IT FURTHER RESOLVED, that the City Council acknowledges his resignation

from the role of Vice Chairman of the Planning Commission. BE IT FURTHER RESOLVED, that this censure shall be entered into the official record of the City and maintained as part of the public record.

YEAS: Council Members: NAYS: Council Members: ABSTAIN: Council Members: ABSENT: Council Members: ADOPTED this _____ day of ________, 2026 CITY OF SAUGATUCK BY: Holly Anderson, Mayor BY: Jamie Wolters, City Clerk CERTIFICATION I, Jamie Wolters, the duly appointed clerk of the City of Saugatuck do hereby certify the foregoing is a true and complete copy of a resolution adopted by the City Council at a regular meeting held _______, 2026. Signed: ____________________________ Jamie Wolters, City Clerk