Councilors Get Chided, Then Pass Laws Without A Quorum

[XLFD]

Tonight, I went to the Ludington City Council ostensibly to appeal two FOIA denials, and I did just that; but first, I figured I would touch on a topic that the City of Ludington has pretty much got off scot-free with over the last three years:  the raising of taxes during the summer by holding Truth in Taxation hearings.  During the public comments, I patiently and interestedly waited while Frontier Communications representatives explained that several areas in the City were getting access to 'free' internet, which may be a good thing, since people may be able to get on the Ludington Torch at the beach now.  Still wondering about the extent of that 'freeness' though.

 

Then came my turn:  I'm Tom Rotta, I live at 137 E. Dowland in beautiful 3rd Ward Ludington.

"I will be coming before this body later in this meeting to illustrate how the City of Ludington has refused to fulfill its duty in failing to provide two different sets of records that it has an obligation under the Freedom of Information Act to display to the public.

I would like to comment now on the summertime trend the City of Ludington started in 2009 and continues to this year. In the previous 3 years, the City has over-assessed the values of real property here in Ludington. As a result, the Headlee Amendment kicks in, and reduces the tax rate for everyone. Otherwise, the City's tax rolls would balloon, while citizens have the actual worth of their property shrink. As it is, the City's revenues from taxes under Headlee does not increase beyond the inflation rate.

In the last three years, the City has done the unconscionable act of raising taxes while people are losing their real property value. The City manager and our local newspaper, would tell us that they are actually not raising your taxes, they are just not rolling back the tax rates as per Headlee. Over $100,000 was taken in by the City over this period by effectively raising your tax rates up to where they were before Headlee kicked in; these came from the pockets of our citizens, already burdened by the economic downturn. Since those tax rates were never rolled back, the City's coffers will continue in the future to bring in excess revenue they voted for themselves after so-called Truth in Taxation hearings.

So is it ethical for a City to raise taxes without a vote of the citizens to do so, in a period where the citizens are losing significant value on their property? Is it ethical for the City government to get richer as the citizens grow poorer, because the City Council votes to raise the tax rate to support their addiction to taxpayers money? 

This is what our City Government did the last three years, and won't do it this year only because Headlee did not kick in, that is, our property values were not over-assessed.  Yet, like the three other years, we have a spate of six ordinances coming out of the City Council, that really does nothing other than OK the current rate for next year.  Let us do better than that, and set these rates for not a year, but for an indefinite period, so that we do not have to revisit this every summer, and have the City Council shamelessly line their pockets with extra tax money when the Headlee kicks in and they once again raise taxes by their own vote.  Let's demand that if Headlee rollbacks do kick in, that the City Councilors allow the rates to go down and save our citizens from the double jeopardy of having their taxes get raised while their real property values drop.  Thank you."

 

Oh, if I could only read the minds of the City Councilors, and the half dozen other austere officials that were in front of me!  But shortly thereafter, the Mayor got to the 6 City ordinances that were to be voted on, three for tax levy, and three for millage rate setting.  

Mayor John Henderson in describing the needs for these ordinances tried to refute my assertions by saying the City had to do these ordinances each year for one year only.  Nothing in the  Ludington Code or Charter says this, and this doesn't explain why the City had never did this summer exercise before 2009, nor did they pass any such ordinance then requiring this, check for yourself by searching for 'levy' and 'millage' in the City archived records.

More priceless was Les Johnson's defense of the DDA millage by saying that the $120,000+ the DDA receives through the millage and TIF financing went for benches, trash cans, and some other stuff.  Les, you are so lucky Heather Venzke-Tykoski was not around!  I couldn't help but look at Councilor Nick Tykoski as Les defended it.  Les never made mention of those gold-plated way faring signs that are so necessary to find your way around Ludington.  As if.

 

But then they got to the business of passing the Police pension millage and the tax levy for that millage.  Two councilors were out, Wanda Marrison and Kaye Holman, and two councilors presentwere former police officers for Ludington.  That is four people not able to vote, out of seven. 

 

Councilor Castonia questioned whether they had a quorum for these votes, and was assured by the others that there were.  I don't read faces too well, but I think Castonia still thought something was up, but they took the vote anyway, and all eligible councilors voted-- as Clerk Luskin said, "3 votes for, two councilors absent, two councilors abstaining"-- due to conflict of interest.  Three out of seven councilors voted yes on both.

No lesser authority than West's Encyclopedia of American Law defines a quorum as:  "A quorum is the minimum number of people who must be present to pass a law, make a judgment, or conduct business. Quorum requirements typically are found in a court, legislative assembly, or corporation (where those attending might be directors or stockholders). In some cases, the law requires more people than a simple majority to form a quorum. If no such defining number is determined, a quorum is a simple majority."

Ludington and the State have no special quorum rules that apply here that I can find.  Three people voting is not a quorum.  Point is, there was no quorum present, and the laws passed are invalid. 

 

Following the law and conducting business as usual do not walk hand in hand at Ludington City Hall.

[AQUAMAN]

YUUUUUUUUP!

[Sweater Cows!]

haha dave!

[Willy]

I think the Council considers a quorum as a majority of those members present who are eligible to vote. So if only 3 councilors were able to vote then 2 of 3 votes would have been considered a quorum. I know it sounds illogical and backwards but it's the only explanation I can come up with that explains their irrational behavior. I don't think the Council has many people who would be considered, as we say, intelligent. Or put another way, they are truly ignorant and refuse to enlighten themselves.

[XLFD]

Let's just say they were prepared to make two FOIA appeal rulings and they didn't even have the FOIA law handy, at all, until I supplied all five of them with copies of the first few sections, the only ones I needed to prove my point. Nor did any of the City Councilors explain their position.

[AQUAMAN]

Yup! SAD & self-defeating as they don't get it, and stick to a "fixed agenda" in spite of FOIA laws or ethics. College professors in my day would say you were lazy and inept in your student status. Did anyone there go to College anyhow? Or at least have learning skills? 

[XLFD]

In the video of the City Council meeting, (provided here once again) you will find at about 23:55 into it an orange moppet of hair whispering over to my companion about the lack of a quorum in the upcoming votes.  Sure enough Gary Castonia, who I think is the only one to have ever taken Civics class, brings up the quorum issue at 24:40 in, and they agree there is.  It's too bad those policemen won't get their pension this year.

[snide]

and if you think the City commissioners are bad(& they are),....you should see the inept County Commissioners.

[XLFD]

Yeah, I would presume that since there are ten of them, they are 10/7 (1.4286) times worse.  This will even out when they reduce their numbers at this election.  This reduction is the best thing that has happened coming from either of those public bodies in the last 5 years.

[snide]

Next time ask Johnson to justify spending some of those Downtown(DDA) dollars on both Gus macker and the Lakestride and ask what either event has to do with downtown.

[XLFD]

Due to the laws of decorum of a Ludington City Council meeting, the most you will get out of Les will be a blank look.  They don't have to respond to the great unwashed public, and if they do, they wait until after the public comment section.