Calling Out the Squatters of Scottville, January 23, 2023

[XLFD]

How would you normally handle those who trespass upon your property or intrude into your house?  If it appears inadvertent, you might politely point out the problem.  If not, you would probably ask them to leave.  If they don't leave, you'd probably explain that you have control of the property and what they are doing is illegal.  If they still won't leave, you get the law involved (or you get the shotgun out if you're impatient).  

In Scottville, Former Commissioner Rob Alway (pictured left) has intruded upon his old office for over two months while Former Mayor Marcy Spencer (pictured right) has done the same with hers for a shorter time period.  In both cases, they've worn out their ungranted welcome-- as they have chased away another one of our properly invited guests.  Last meeting, it was Nathan Yeomans and this meeting it was Ryan Graham, who noted the obvious, that there was a toxic environment in the house created by the intruders.

As a guest myself getting frustrated with my too-polite host (the citizens of Scottville) who won't get rid of the nuisances and their boorish behavior, I felt the need to step in and let the pests know they really, really, have to leave and a couple of the hosts helped out.

One of those hosts delivered a notice to both Alway and Spencer that they had overstayed any welcome they thought they had; truth to tell, it was a little more than a notice and pretty much a summons and complaint for a civil action.  These were delivered by a true Scottville patriot, one who believes in the words of the city charter and recoils at how the city's current leaders are trashing it through their actions, Former Commissioner Eric Thue.  

Back in 2021, I was defending my actions with the commission to his wife after he had just joined the group.  Like me, she was giving the local school board grief over masking students during the latter days of those arguments and interested in what I had to say about it-- until she found out I was the one calling her husband's new gig the "clowncil".  She assured me that he was a 100% straight shooter at the time, and he has turned out to be 110% straight.  Caring, ethical, people like them should be Scottville's future. 

The 12-page documents were quickly shuffled underneath the false commissioner's other papers as they started the meeting.  City Manager Jimmy Newkirk had a lengthy report on vigorous property sales within the city and of an expected housing development just outside in Amber Township.  He gave a preliminary assessment of the MSU students conducting a study on the city's walkability.

Matt Biolette, known previously as the face of the trash removal business in Ludington through Republic, masterfully went over the 5-year Park & Recreation Plan courtesy of his new career in Fleis and Vandenbrink.  Three other reports were given by County Commissioner Steve Hull, the treasurer and the clerk.

They would pass the aforementioned P&R plan and then sell both of the old police vehicles (2008 and 2013) to Michael Austin for $2200 and $2630 who used a novel bidding approach to outbid several others.  They passed the 2023 Poverty Guidelines to be used by the Board of Review and talked of the volunteer committee for the fall festival.  

Without discussion of the other applicant (Diane Point, whom I met afterwards and who seems reasonable and qualified enough to deserve a second look), Susan Evans from the Planning Commission was voted unanimously to take Commissioner Yeomans' vacant seat; she swore the oath and sat at the adult's table.  They then accepted Ryan Graham's resignation without any fanfare, Commissioner Pettit (symbolically perhaps) voted not to accept it. 

Former Mayor Spencer announced that it was time for public comment and the fireworks started.  Larry Graham, Ryan's father started off by lamenting over the slime in control of the city commission and then went down the list of characters and their various infractions and how it was a black eye to the city.  He would allege conspiracies that led to two November meetings being wasted, echoed his son's claim of toxicity, and claimed he would rather have Vladimir Putin as a representative.  I had to disagree with him on one point:  he gave slime a bad name.

I was the only other person who commented and I summarized what my lawsuit's complaint had to say:

XLFD:  "As the clock struck 7:30 PM on the night of November 14th, two seats on the Scottville commission became vacant, one because nobody filled that seat through the election, the other because the person elected to the seat decided not to serve his term.  The city charter has two ways to fill vacancies; by appointment if the commission is able to choose a qualified candidate within 30 days of the vacancy, by a special election if they are not.  The record shows that this commission did not appoint anybody to fill either vacancy by 7:30 PM on December 14th. 

Instead, it shows that citizen Alway intruded upon and usurped his vacated office on November 16th and it shows that the commission appointed citizen Spencer 43 days after the vacancy was created as if they had that power, and she unlawfully entered into that office, eventually usurping the office of mayor as an illegal entrant. 

General lawlessness has been the legacy of these two fraudulent public officials, their artifice in these endeavors only highlight their past transgressions against the city charter and Michigan statutes.  They would take away the rights granted by the charter to the citizens to be heard by this commission before they conduct their business and the reason is simple.  They care little about what the people have to say, and they care little about the restrictions the charter places on them as it restricts their own personal power and agenda.  

Counterfeit Alway has been tapping the city treasury regularly over the last couple years without disclosing his conflict of interest in redundant advertising on his media site.  Faker Spencer would react to written words from the city charter by throwing the person who dared show them to her out of a meeting.  These two represent the worst that Scottville has to offer, the two that have left the commission this year are among the best.  Let's get a special election rolling and get some legitimacy into this clowncil."

The City's initial defenses released in today's edition of the LDN amounts to saying that Alway had the power to rescind the resignation even after the law says the seat is vacant and can only be filled through appointment and that a seat vacant for 43 days can be filled if that seat wasn't ever declared vacant.  I hope they can come up with better defenses than that, or this exercise will be too easy.  I now see why the city attorney wouldn't release his opinion that the people of Scottville paid for as it appears worthless.  The lawsuit follows:

[XLFD]

An interesting link to a court order issued yesterday in the appeals court after a cowardly circuit court judge failed to do her job.  This was earned by one of the attorneys I hired back in 2013 to win an Open Meetings Act lawsuit against the COL.  This is virtually identical to my lawsuit against Alway and Spencer, with the exception that the legal authority applies to county statutes rather than a city charter:

 Today, the Michigan Court of Appeals issued an emergency injunction against the Genesee County Board of Commissioners from self-appointing a replacement to the seat vacated by former Commissioner Chairman Domonique Clemons. On behalf of OLC client Amy Miller, a former candidate for the District 4 commissionership, OLC sought to compel the Board of Commissioners to hold a special election as required by Michigan law. When the Genesee County Circuit Court did not act on Ms. Miller's lawsuit, OLC petitioned the Michigan Court of Appeals to immediately act on an emergency basis.

Pursuant to MCR 7.206(D)(4) and MCR 7.216(A)(7), the Genesee County Board of
Commissioners is ENJOINED from proceeding to appoint anyone to the County Commissioner position
vacated by re-elected incumbent commissioner Clemons until the circuit court addresses the merits of
plaintiff’s action for mandamus or until further order of this Court. Once a county commissioner position
becomes vacant due to resignation “the vacancy must be filled by appointment within 30 days by the
county board of commissioners.” MCL 46.412(1). If the county board of commissioners does not fill that
vacancy within the 30 days provided, “that vacancy shall be filled by a special election” “called by the
county board of commissioners.” MCL 46.413(1). The use of the words “shall” and “must” indicates a
mandatory directive from the Legislature. Burton v Reed City Hospital, 471 Mich 745; 691 NW2d 424
(2005); Vyletel-Rivard v Rivard, 286 Mich App 13; 777 NW2d 722 (2009). The facts before this Court
indicate that Mr. Clemons accepted appointment to a new office on December 6, 2022, at which point his
county commissioner’s seat became vacant. The Board did not fill that vacancy by appointment within
30 days, so at this time it appears that the Board must call a special election to fill that vacancy.
The motion for writ of superintending control and motion for leave to reply to the answer
are DENIED as moot.
We do not retain jurisdiction.

The Court of Appeals' order enjoins (i.e. bars) the Genesee County Board of Commissioners from appointing anyone until the local court makes time to address the legal merits of the arguments that a special election is required. Seemingly adopting OLC's arguments, the three-judge panel found that "it appears that the [the Genesee County Board of Commissioners] must call a special election to fill that vacancy."

I am extremely pleased that the Michigan Court of Appeals adopted our legal arguments and provided an immediate halt against the Genesee County Board's repeated refusal to comply with Michigan law. My client and I welcome the chance to finally have our day in local court to compel the required special election.Attorney Philip L. Ellison

[Freedom Seeker]

Again, excellent insight, knowledge of the law, and desire to keep politicians straight, X! You are on a same level as Attorney Ellison.

A similar thing is being contested in Grand Rapids area ... if crooked local politicians do not follow the law soon maybe there will be a law passed that will hurt their careers such as being banned from running for office again, at any level and for those receiving a pension ... lose their pension!

[Willy]

Well done X. Anyone with common sense knows that when you quit or resign a job then you no longer have a claim on that position. And when the law declares that to be true then there is absolutely no wiggle room that allows someone to "change their mind". Alway made a decision without knowing the law, which, that alone, reveals his ignorance of the law and that, in my opinion, makes him incapable of representing the citizens of Scottville. His conflicts of interest  regarding his reporting of the news and advertising for the City alone makes him the wrong choice to represent the City  as an elected official.