City Council Meeting 9-24-2012: Psycho Stares, Crocodile Tears, and the Usual

[XLFD]

It was a rather eventful night at the Ludington City Council on 9-24-2012.  The usual opening occurred followed by the public comment period.  Bob Hannah, whose name is composed of two palindromes, started off (2:30 into the video, below) by venting that I like to spend  the taxpayers money, he then stated I haven't paid off a judgment to John Shay from this last lawsuit, which is pretty difficult when the judgment won by the City (not Mr. Shay) hasn't even been given to me yet from the court.  He then states my current lawsuit will cost the City between $50,000 - $100,000 (apparently, he has a crystal ball to see my victory and my judgment-- yet he does not comment on why I would win what he later calls a frivolous lawsuit). 

He continues defining my lawsuit as part of a vendetta against the City, which again presumes the City has wronged me, as such is the nature of vendettas.  Bob continues with noting that even now I do not stop at stop signs on my bicycle, a fact, and yet I still maintain as long as I follow the rules of the right of way, I am within the laws of Michigan.  He finishes:  "If he has the money to hire a lawyer for a frivolous lawsuit, then he has enough to pay the full amount of FOIA."  

Pretty profound coming from a City of Ludington loyalist.  I found out later, Bob is a current member of the Ludington Fire Department, Mayor Henderson's and Councilor Tykoski's fellow firefighter, who joined two months after I resigned.  He's where he's at from my bicycle riding, ironically enough.

Attorney Jeff Nellis then spoke about his candidacy for Probate Judge.  As most judicial candidates, he had to comment on bland stuff like his experience and family life.  My favorite, C. Dale Bannon, then spoke about how difficult it has been to get the City/MDOT to change the signs referring to Stearn's Park as "City Park".  Then it was my turn at the 7:00 mark:

"At the end of last meeting of this austere body, the City Manager commented on the local circuit

court finding in favor of the City for nearly $700 and dismissing two citizens' FOIA appeal. Until I

see a final judgment from that court, I won't comment on that aspect. But what he didn't bother to

tell you was the particulars of that lawsuit and what happened to get two citizens to that point. Here is a timeline and some facts, and the City has their opportunity at the end of the meeting for their rebuttal, if they deem to do so.

On September 7, 2011 we made a FOIA request asking for business records between the City and

Nick Tykoski's businesses. Six days later, John Shay gave a response that did not comply with

FOIA rules. He did not grant the request, deny the request, partially grant and deny the request, or

postpone the request. As such he violated the act.

After trying to get a lawful response from him again, we appealed to this body. The mayor sent a

certified letter to my ally inviting her to the meeting on September 27, 2011, but a request by me to also attend that meeting was denied by John Shay. You see, in his capacity as City Manager he has that right under the Workplace Safety Policy, a constitutionally illegal policy that will cost the City Manager (and unfortunately, our City's taxpayers) a lot of time and money to revoke and address injuries that it caused.

We sent our appeal rationale to each councilor, but neither of us showed up at the meeting, where

our FOIA appeal was taken off the agenda, never to be considered by this Council. The council

shirked their responsibility to hold a FOIA appeal. This was not surprising from the same City

Council that decided it had the right to bar citizens from public places at a City Manager's whim,

including the only two Ludington public places that citizens could inspect FOIA responses.

After this outrage, we pursued a FOIA in the local court system. Here we were assigned Honorable

Judge Richard Cooper, who effectively blocked us from getting any response until after that

November's election, which was significant because we eventually received some records that were

unfavorable to those concerned with ethics by now-councilor Nick Tykoski. But ethics were far

from any public servants minds as we found out throughout our court process.

The City's law firm, Gockerman, Wilson, Saylor, etc. came forth on November 8th as the City's

counsel. Little did the plaintiffs know that this lawfirm also had Judge Cooper's son as an associate

until four months later when the Judge admitted it as an appearance of impropriety. Judges, court

administrators, and the City's lawfirm had a responsibility to admit such impropriety immediately by

the Canons of Judicial Conduct and the Rules of Professional Conduct, but it took them over four

months. We immediately disqualified the judge, and sent a complaint to the Michigan Judicial Tenure Commission.

During this time, we (and the court) received from the City, certified by the City Manager with an

affidavit, a set of public records that supposedly fulfilled our FOIA request. This was four months

into the process, and the records included only ones that we received through two previous

requests, the vast majority were not even applicable to our request under appeal, and said our lawsuit was moot. We knew from previous requests, there were many records not included. We made special requests for those records we knew of.

Amazingly, after City Attorney Saylor and City Manager Shay had seen these new FOIA requests,

they found the records we asked for a half year previously and and some more records that they had withheld, what they would say they 'overlooked'. This is why they would later also claim our lawsuit was moot, even after they perjured themselves and would not get us the full records until 6 months after we asked for them. The new judge, also on the 51st Circuit Court, agreed with them. So although we spent $210 on Court costs, received fraudulent records and perjured statements, and wasted countless hours trying to go through the legal hoops to get this 30 pages of non-exempt

public records we should have been given a year ago, our side is told our point is moot and we owe

the City money for other records we have never seen. You can conclude what you might about the

court processes here in Mason County, I know how we feel about it..."

That's where I was cut off, having expended my five minutes plus about a half minute.  Next days City of Ludington Daily News' (COLDNews) Kevin Barnishevowicz had this to say about my assertions:  "Rotta spoke for five minutes about the lawsuit he filed against the City and lost."   The 'news' that the Chief of the LFD said the usual disclaimer about my LFD shirt just after my speech merited more than twice the coverage by the COLDNews.  By the way, a loss in a local seemingly-dysfunctional trial court is just a setback, not a loss.  In my book of justice.

 

Speaking of which, Jeff Nellis, Probate Judge candidate, snuck out shortly after this without comment about my judicial references.  But I did promise you some other things:

 

Psycho Stares 

 

While City Attorney Richard Wilson was droning on about how everyone who attended the closed session was aware of what was going to be discussed at the closed meeting on 8-27-2012, (and neglecting to note that the Open Meetings Act requires that general information to be shared with those not attending from the public, before they move to go into closed session) John Shay began fixing his gaze at me.  It was a bit unsettling, particularly since I think he has done quite a bit to justify me taking out a "Letter of Trespass" on him, notwithstanding the four counts in my lawsuit that apply to him.

 

 

Take a look at John Shay's gaze as Wilson lulls you in the background, starting at 42:45 and extending all the way to 45:15, (two and a half minutes) focussing on the podium area, where I was perched at that time in case a question was asked of me regarding my FOIA appeal.  Off-camera, I myself was generally focused on Wilson, who was the only person talking, but I could not help but notice this fixed gaze, which would make a normal person feel nervous. 

 

Particularly, if that normal person had the MCSO serve the fixed-starer a Federal Court suit earlier that day, and even more particularly when one realizes that this man has ultimate control over the Ludington Police Department, and has utilized them against this normal person before.  They all carry guns; I don't.

 

Crocodile Tears

 

At 49:00 in, Gary Castonia says:  "When I first ran for office I knew I would be scrutinized and I'd be held accountable for any statements I made.  But the only way I can say this now is by quoting Mr. Rotta, I'm absolutely disgusted that you dragged my family, my grandson (breaks down), and my wife, and her business into this.  And I want the whole city to know how you treat people.  And the last comment I want to make is:  People who live in glass houses shouldn't throw rocks." 

 

The rock-lobber strikes again, according to Gary.  He refers to this thread  karma-castonia  which relates court news placed out by the Mason County Press and the COLDNews, and I believe that 'glass house' comment should be reviewed by the senior Castonia.  During his long career as a law officer, I am sure he bagged his share of marijuana-possessors, and thought he was doing society a favor.  Now that his grandson is nabbed, and the irony of the situation is pointed out, he goes into pitied victim-mode. 

But this isn't why he won't get any sympathy from me for his theatrics, because I do think it is a tragedy that his grandson may now find himself with this charge plaguing him through his career.  What he will get is these questions:  Where was your empathy, Gary, when you passed the Workplace Safety Policy and effectively criminalized me in the eyes of my fellow citizens with the COLDNews when I hadn't done anything?  Why don't you have any empathy towards the emotional distress you have helped caused in others by your reluctance to do anything about this unconstitutional legislation?  And why is re-publishing factual information about this event in the Torch any worse than those other news groups doing the same, and why am I being held accountable for raising real concerns regarding kids that may have been exposed to illegal drugs at your wife's daycare facility?

Because, remember, the reason you said you voted against the Ludington MM ordinance was because you thought the Federal government drug policy was dominant, which made such possession illegal, no exceptions.  Do you honestly feel the same way now that it's your own flesh and blood, possessing it for non-medicinal purposes, getting the rap?  

 

Yes, there were other things that happened this night, including some weird accusations made by LFD personnel off-camera, but if time permits I will cover those later.  The quest for justice, freedom, and information goes on... 

[AQUAMAN]

After the obvious turmoil felt by the CC on this date, where does anyone start to comment? With Attorney Wilson's continued slick bannister defense for continued cloak and dagger FOIA/OMA law interpretations? With the Castonia comments where he thinks his own family is above the law and public scrutiny? Where the bobsy twin gals that have ice cream together now tag team in motions? Where Chief Clark/Funk gets funky on t-shirts again and again, slobbering all the way to his masters pulpit, Henderson? Or maybe just the Shyster Shay, where over and over he put both hands in his face to erase the stress and boiling hostility of sweat upon his brow? Or the public comment on signage by Tye's, the one that got very lucrative 18 Kt GOLD contracts for over $150K to tell us where to park, where the city hall is, library, art museum, and even the "city park" at the beach? And of course last, but not least, our favorite "timekeeper", good ol Johnny at center, His Honor, with a stop watch handy for whom he wants to use it? I'm a bit confused where to start, aren't you...lol? Talk about wasting money, how much has been and continues to be spent just defending cloak and dagger mentality to hide information? Well over $75K this year alone, and it's not over yet. Yet, we see only $65K is spent on infrastructure for roads and sidewalk repairs in town, so who's wasting money now? And to think, out of a $6Million budget per year, only 1% is allocated for local infrastructure improvements, so who's really wasting money, and who's spending wisely? Just ask yourselves. When you see this entire 55 minute display of sheeple faking acting like public servants, it's hard to say whether you want to laugh, or just cry!

[XLFD]

With the football referees out on strike and a possible large hit into his income from the future, Shay should be looking for a new job as a football referee, which he does as a side job now.  That way, even if those stripe-shirted goats  steal a victory from the Green Bay Packers with a bad call violating the rules, they can plausibly deny they did for a long time under Shay's management and direction.

The stress level on the other side of that desk-podium was palpable, and only the first shoe has dropped so far.  I liked the City Attorney urging the councilors to 'circle the wagons' by making no public comment on this new 'pending lawsuit' the City has going. 

I dare one of those councilors, out of the blue, to make a motion to repeal the Workplace Safety Policy at the next meeting.  The statement they make to me by keeping that policy active is that they don't care whether they are seriously breaking the laws of the land, and that they only say the "Pledge of Allegiance" and a high-on-ideals invocation they never adhere to at the front of every meeting to make their upcoming violative acts sound noble.

The money spent for infrastructure will only continue to come down under a Mayor and Manager who care more about throwing parties than what headaches result the morning after.   

 

[Willy]

It certainly was an interesting meeting. The 5 minute rule for the public to speak is only to keep the meeting as short as possible if a lot of citizens were to address the Council. However since Ludingtons Council meets bi-weekly that averages out to 2 and 1/2 minutes per week that folks can address their concerns publicly and it's not as though there are 50 people lined up to talk. More time should be given so that individuals can get their message out. Gary Castonia rubbed the lawsuit in your face at the previous meeting and now he gets a little taste of the truth and he whines like a school girl. These people like to dish it out but in reality they're cowards. Non the less you had better watch your back because it appears that some of the Gestapo are feeling the pressure. I would consider Shay's fixation on you and the "glass house" comment from Castonia as intimidating and threatening behavior and the fact that Councilor Holeman called you warped on public TV is very disturbing.

[Willy]

It seems to me that the threatening and intimidating behavior that the Councilors displayed would in my opinion qualify them for banishment from City Hall.

[XLFD]

Maybe the citizens need to initiate a 'City Council Meeting Safety Policy', to address such unseemly behavior that adopts most of the wording of the City Council's ordinance, but gives the citizens the right to invoke it on public officials. 

Can you imagine the City Attorney, our two Johns and even some councilors suddenly becoming Constitutional scholars when they critique how such a policy would impact their own sacred rights?

[XLFD]

I did have only one more paragraph on my opening presentation.  I try to adhere to the five minute period, but I typically run longer in front of the council than I do at my initial practice of the speech.  This is at least the second time I've brought up some of the difficulties I had in bringing the FOIA case through court because of actions by Shay and the City Attorneys, yet no one on the council cares about perjury, cares about legal ethics, cares about the public money wasted (well over $10,000 of legal fees for this simple FOIA appeal at a generous estimate) to get a judgment for $700 for records I never inspected or received and given an unjustified fee structure by the City Manager. 

When our requests say at the bottom of each FOIA request we make says that he needs to contact us if the fees exceed $20, and explain the unexpected cost (since early 2010, we had never formulated a request that we thought would be over $20), he can't then charge us $228 without explanation for compiling records, some of which don't exist! 

The City Manager and his City hall friends believes that if the City Clerk looks around for a record for three hours to determine it does not exist, then they can charge you for that time.  I don't understand why I would be charged for clerical incompetence through the years that lead to such problems.  Shay figured it would take me forty hours of looking through address files to get the limited amount of information I needed, and charged me for having the Building Inspector sitting with me all that time.  That's just wrong in so many ways by FOIA.  But I'm Magooing my reply.

As for their insinuations and threatening behaviors, I welcome anything they dish out to me at the City Council chambers.  Better there, than their secret (illegal) meetings that the City Attorney alluded to.

[CLFD]

XLFD

You brought up many interesting concerns about ethics and conduct that I would like to ask you questions about, and I seriously yearn to try to understand what you are seeking to accomplish. But having learned from recent experience that asking you more than a couple of questions only serves to open the floodgates of accusations against my own purpose here, I will limit my inquisitiveness at this time and ask only one question.

What are you insinuating about the police wearing guns and John Shay utilizing the police department against you?

[Willy]

CLFD

This is what I don't understand about folks like you who supposedly are reading comments about what is happening to civil liberty regarding Government  officials Unconstitutional behavior and you still can't understand what is going on. You have no idea what X is trying to accoplish? Really? If you have read the posts and watched the videos of Council meetings it would be obvious. The reason some here focus on you is because you seem to be biased towards the Council, Mayor and their henceman Shay even tho the evidence of their misdeeds is overwhelming.

[CLFD]

Willy,

I assure you that I am NOT biased toward either side of the issue. I am neutral with a leaning toward doing the right thing. Not sure why you think I am biased toward the Council either unless its because I ask questions of XLFD and I don't berate the Council here. I know where to go to ask questions of the Council and I know how to do my own FOIA's and followup investigating.

My understanding is that this is XLFD's webblog and thus I believe this is the place for me to ask XLFD questions.

Thank you very much for your interest in my posts.

[Willy]

CLFD

OK. "Your leaning toward doing the right thing." What is the right thing in this situation?

[XLFD]

C,

If you follow this thread all the way down, you will see the police report filed by John Shay against me so that he could utilize this workplace safety policy: http://ludingtoncitizen.ning.com/forum/topics/creating-a-monster-pt....  If you read the City Charter, you will find the power the City Manager wields over the police department in Ludington, section d1 and d2 of this section.   

To do their law enforcement duties the LPD officers carry guns.  But Chief Barnett is okay with allowing his officers to commit horseplay or other reckless disregard of their duties while on the job, with his knowledge, as revealed here:  ludington-police-chief-barnett-wastes-taxpayer-money.

When that and a whole lot more spanning my interactions with City Officials since 2008 combine, you have something a reasonable person could be intimidated about. 

Any more questions?

[AQUAMAN]

Yes, I do. This is also for CLFD, give me just one example of any complaint or critique you have or might have in the running of the COL, (City of Ludington), by it's current regime. Just one is all I ask. Thanks.