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... 

[XLFD]

"I don't see how or why a counselor (sic) member should have his seat taken away due to a family member committing a misdemeanor but I guess that's your strong opinion."

Hulk, please tell me where you see anybody having a strong opinion, or even a weak one,  about Castonia losing his job because of his grandson's offense.  I just have a strong opinion that he needs more Kleenex, and he needs to direct his energies towards helping his grandson, not for publicly furthering his own ends attacking one of his fellow citizens. 

Gary, if you read this, you have my E-mail address from all those dozens of E-mails I've sent you, if you are offended by anything I put down here about you, send me an E-mail, don't say things without context or public interest at your City Council meetings to get sympathy for yourself. 

[Hulk]

That is how it comes across after reading your previous statements, about City counselor members being held to higher standards.  That was just how it seemed to me and how it came across in my eyes.  So you are saying he shouldn't be so upset by you bringing it up to him at a meeting?  I am just trying to figure out the point of the post.  

I just think it’s hard to say he needs to do more to help his Grandson.  None of us know what he does for him.  I know a lot of people with great families but they were still screwing up.  It seems harsh to blame his Grandpa for something such as this.  You say he is attacking his fellow citizens but aren't you doing the same but attacking him?  To me, it doesn’t really matter what happens with his family and their choices, which has nothing to do with his seat for the city.  Just my opinion....

[XLFD]

Hulk,

I never brought this up at a meeting, only here on the Torch.  He is the only one who brought this up at a meeting.  I have too many other public policies and actions to discuss at these meetings, not a councilor's personal problems.  Go through the archives or through the library's Ludington TV, which has videos of all City council meetings, and see that I, Tom Rotta, have never brought out anything like this at a council meeting. 

The meetings are a public forum, and private matters should not be discussed.  This hasn't stopped public officials and employees from attacking a certain private citizen over private matters, however.  Watch the videos and see them get up at the end of the meetings to attack someone who can't defend the truth or themselves because of the rules.

 

[Hulk]

I see, well that is disappointing they are bringing up a self created forum at a City Council meeting, seems to me their heads should be somewhere else.  BUT, I just don't agree with calling Castonia out and blaming him for mistakes his Grandson made.  I feel that's the problem with our society today.  We always need to look to blame things on ours instead of having people take accountability for themselves, kids/young adults, who know right from wrong. 

[AQUAMAN]

Look at the archives of other CC meetings Hulk, and you will see countless attacks by CC members, CM Shay, and His Honor Henderson, on "one particular private citizen" whom they have contempt and hatred for. CC Holman went into a tirade some months back and not only verbally attacked XLFD, but used her index finger to repeatedly point at him in the audience, and repeatedly call him names like "indigent". You're right about the adults in society not taking responsibility for their actions more times than not these days. And that is not really a concern for me when it comes to minors, like Castonia's grandson. But, for him, Castonia, to be SO adamant about locally nixing the MM State Law just a few months prior, then act like his grandson's problems are not his too, is totally hypocritical in nature. Esp. since this grandson is often visiting a Castonia owned Licensed Day Care property that has strict rules against such behavior by State Laws. Methinks his grandson's hobbies,  grades, friends, ethics,  and appearance are not a mystery to him, and as such, being the elder of the tribe, he absolutely has some knowledge and ability to make such behavior alter, or at least that is what most grandfathers do in the course of seeing their family members grow up. When a minor is involved, even in a petty crime of sorts, does not the blame come back on the elder family members to correct this behavior for the future? If not, then WHO? This is why we call them minors, and have laws esp. for them at youthful ages, so they learn from their mistakes before adulthood.