The cost of firing Comstock Township Superintendent Scott Hess has jumped from $341,000 to more than $412,000 after the township board voted to pay him the remainder of his contract in a single lump sum. A resident has sued to stop the payment. A Kalamazoo County judge has ordered the board to appear in court.

The payout grows

The Comstock Township Board voted 4-3 on Monday night to approve a separation agreement that totals $412,429.94, according to WWMT News Channel 3. The four board members who voted to fire Hess without cause on June 1 were the same four who approved the lump sum. They are Clerk Nicole Beauchamp, Trustee Kristie Cherry, Trustee Terry McIver, and Trustee Bob Pratt.

The breakdown of the payout is:

  • $349,677.44 in salary, covering 877 days remaining on Hess's contract at a daily rate of $398.72
  • $17,294.44 in car allowance, covering the same period at $600 per month
  • $45,458.06 in pension contributions, calculated at 13 percent of the salary payment

Township Attorney Robert Thall estimated the payout at "at least $341,446" during the June 1 meeting. That initial figure did not include the pension contribution. The pension alone accounts for a significant portion of the roughly $70,000 difference.

"As the treasurer I advise against that," Treasurer Sandra Bloomfield said during the meeting, according to WWMT.

A salary discrepancy

The release agreement calculates Hess's daily salary using an annual base of $145,536.04. However, the most recent amendment to his employment contract, signed May 28, 2025, sets his annual salary at $141,297.00. That amendment was approved April 28, 2025, in a 4-2 vote.

No public document explains the increase of $4,239.04 per year. WWMT asked the township to explain the discrepancy but had not received an answer as of publication.

The lawsuit

Comstock Township resident Dena O'Connor filed a lawsuit in Kalamazoo County Circuit Court under Case No. 2026-0425-CZ. The complaint does not seek money damages. It asks a judge to determine whether the township has the authority to make the payment and to preserve public funds until that determination is made.

Circuit Court Judge Curtis J. Bell signed an order on June 9 for the board to appear in court regarding injunctive relief. The plaintiff argued that "irreparable injury, loss, or damage will result from the delay" if payment moved forward without court review.

Township Attorney Thall told the board the issue had been submitted to the township's insurance carrier. He said there was not an official temporary restraining order in place against the township.

Conflict of interest claims

Supervisor Ben Martin moved to require Trustee Cherry to abstain from the vote. Martin cited a letter Hess signed on April 14, 2025, regarding structures on Cherry's property. The letter determined the structures were grandfathered and not subject to ordinance enforcement.

"At a minimum, it gives the appearance of a conflict of interest," Martin said, according to WWMT.

The motion failed 3-3. Michigan charter township law requires a unanimous vote to allow a board member to abstain.

Martin then moved to authorize an investigation into whether termination with cause was warranted. That motion also failed 4-3.

"How could you make sense of $400,000 of these people's money for no cause?" Martin said. "You are adults with a fiduciary duty, and you're going to give away $400,000 for no reason? I've never seen anything like this in my life. You should be disgusted with yourself."

Treasurer Bloomfield raised concerns about three board members having spoken with Hess about the payout before the termination vote.

"I asked all six of you. Three of you said 'yes,' you had been in talks with him. That is collusion. Where is your fiduciary responsibility?" Bloomfield said.

Trustee Jerry Amos, who voted against the payout, echoed the concerns.

"I can't believe you are willing to give out more than $412,000 without an investigation. It is totally unbelievable," Amos said.

The board's defense

The four members who voted in favor of the termination and payout defended their decisions.

Beauchamp said the lump sum payment would ultimately cost taxpayers less than a potential lawsuit. She called it "the cleanest way to cut ties and be done with it."

McIver called Hess a great employee who "was dragged through the mud" and deserved to have the remainder of his contract honored.

Pratt said he did not want further delays.

Cherry agreed with those three statements without further elaboration.

Recall efforts continue

The four board members who approved the firing and payout are facing recall petitions. Three separate petitions were submitted last year citing their votes to end a moratorium on large-scale renewable energy projects in Comstock Township. On June 12, the Kalamazoo County Clerk released preliminary signature verification results for the four recall petitions. The petitions required 1,817 signatures.

Supervisor Martin issued a written statement calling the termination "a coordinated push by the four board members currently facing recall." He said they appear "intent on inflicting as much financial and operational damage to the township as possible on their way out the door."

News Channel 3 reached out to all seven board members after the vote. Only Supervisor Martin responded. The other six members declined to comment or did not respond.

The case is expected to proceed through Kalamazoo County Circuit Court. The outcome could determine whether the $412,000 payout is paid to Hess or returned to township taxpayers.