Dickering Over Dillon

[XLFD]

Today, the West Shore Community College Board of Trustees met at four o'clock to talk things over with their attorney, J. Patrick White of the Grand Rapids Varnum Law firm being the only declared item on the agenda.  If not for being alerted to the meeting by one of the Ludington Torch's dedicated members, I would have missed it. 

                The West Shore Community College Seal Features a Prominent Torch and Features Community Service as its Standard

 

True, Mason County Press and the Ludington Daily News did both have an article on this special meeting two days ago, and the meeting was posted at their main office, but contrary to the Open Meetings Act (OMA) (MCL 15.265(4)) which says: 

"... a special meeting of a public body... shall be posted at least 18 hours before the meeting... and (if the public body directly or indirectly maintains an official internet presence that includes monthly or more frequent updates of public meeting agendas or minutes) on a portion of the website that is fully accessible to the public. The public notice on the website shall be included on either the homepage or on a separate webpage dedicated to public notices for nonregularly scheduled public meetings and accessible via a prominent and conspicuous link on the website's homepage that clearly describes its purpose for public notification of those nonregularly scheduled public meetings." 

 

People like myself who don't regularly go to the central business office of WSCC and depend on Facebook feeds from the local paper, the MCP, or other out of town sources for local news can easily overlook such notice for special meetings.  By using the word "shall" the OMA adapted itself to the computer age a couple of years ago to reflect that people are a lot more likely to visit a website rather than a brick-and-mortar public facility to check notices for a public body, and that any notice of a special meeting must be put on their website.

 

I took screen shots of WSCC's home page and 'board meeting dates' page last night after 10:00 PM and this morning, where no notice existed.  None existed anywhere.  Although they effectively violated the law, however, they would likely be protected from their negligence by using a defense of "substantial compliance", a recent judicial safeguard used when a public body fails to obey the OMA's mandatory provisions, but covers enough bases to show they did not totally fail in giving some public notice.  A judge with sympathies would look at their sending a press release to local news agencies and posting it at WSCC as 'good enough'. 

 

Seventeen days ago, I mentioned that at two of their recent meetings, the WSCC Board of Trustees failed to justify going into closed session with reasons acceptable to the OMA, those I believe are beyond 'substantial compliance' with the OMA's permissible purposes for closing off the meeting to the public.   I briefly let the board know about this in the public comment I made at this meeting. 

 

The meeting was attended by several students even though there wasn't anything else on the agenda other than the board almost immediately going into closed session to discuss Dr. Dillon's future.  The City of Ludington Daily News (COLDNews), the Manistee News Advocate, and WMOM radio all had representatives that attended and waited the nearly two hours that the board was in closed session.  Most of the students dispersed as the clock ticked into the second hour.

                                                        WSCC's Board of Trustees plus Dr. Dillon, far right

 

After the pledge of allegiance was done and the role call was performed (Steve Urka and Mike Ennis were absent) they called for public comment.  I got before the board and delivered the following speech, understandably nervous being that this was the first time I spoke in front of this crowd: 

 

"My name's Tom Rotta, resident of Mason County, and former adjunct faculty member teaching mathematics at this institution.  Since that time, I have developed an interest in transparency and ethical standards being met at public institutions.  I have noticed that the West Shore Board may be lacking in some of those standards in its public conduct since President Chuck Dillon drove super drunk through Manistee County in a vehicle supplied by the public.

A quick look at the college's revenues show that about 70% of the revenue for running this college comes from state revenue and local property taxes, which makes this college a public institution that needs to be answerable and open to the public.  Furthermore, the West Shore Board of Trustees serves as a 'public body' in the college for all intents and purposes of the Open Meetings Act.  But even beyond obeying the tenets of that Act, the board's overall goal should be to conduct its meetings and other business transparently to its creditors, the people, who are mandated to pay for this institution.

That's why I have been distressed to see this board dodge openness in its meetings since the incident involving the college president.  Going into closed session and not alerting the public fully to the holding of special meetings is anathema to the public's right to know what's going on, particularly when it is done for all the wrong reasons. 

For example, on August 11, the board met in closed session in what the minutes would call "for the purpose of discussion of his recent conduct."  At the September 15 session they called a closed session for a periodical evaluation of the president.  A quick look through the last few years records show that President Dillon's periodic evaluations have only happened in the spring. 

Either of these closed sessions was technically in violation of the Open Meetings Act, for the reasons that such purposes are not deemed valid by that act.  The minutes of those meetings should be made public.  I would encourage the board to vote no on closing the meeting tonight, even if the purpose in this case under the act may be valid.  The taxpayers should know where the members of the board stand on the issue of President Dillon and whether his continued service would be positive or detrimental to our community.

 

President Dillon's actions were fully contrary of standards of someone who holds an office like his.  Don't compound the problem by repeatedly violating the spirit and the letter of the Open Meetings Act in defense of his unprofessional behavior with unprofessional behavior of your own. 

 

On a personal note, nearly, 20 years ago, while I was teaching summer classes out here, I was working at the Ludington State Park and I was hit by a drunk driver who had less blood alcohol content than Dr. Dillon had on the night he was stopped.  I was thrown nearly 70 feet in the air according to witnesses, landed on pavement and somehow survived.  Dr. Dillon could have easily had a similar incident while he was driving in the company car.  Perhaps you have seen the video where he was unable to count backwards from four or recite the alphabet.   Can he make an effective president after that?" 

After I sat back down a retired teacher and a non-traditional student attending WSCC, Marti Cupp, got up and delivered a defense of Doctor Dillon.  She compared and contrasted Bill Clinton's dalliance with Monica Lewinski with what happened with Dillon and his traffic stop.  As reported by Steve Begnoche of the COLDNews, she said:

 

"Dr. Dillon immediately admitted his guilt and offered no excuses. Like President Clinton, President Dillon's personal integrity will be forever impacted and his professional image will be forever tarnished.

"To return to my introductory point about perspective, I challenge those who would use this one incident to justify removing Dr. Dillon from office. My question is why should Dr. Charles Dillon, the president of our local community college, be held to a higher standard and punished to a greater degree than was Bill Clinton, the former President of the United States?"

These are faulty comparisons.  Dillon has chosen every opportunity to keep the public issue behind closed doors by asking for and getting two closed sessions, both illegally and unethically granted for a 'periodic evaluation' which wasn't, and for 'discussion of the president's recent conduct' which isn't even close to a legitimate reason for calling closed sessions.  He told the officers who stopped and arrested him for drunk driving that he just had a couple of drinks whereas the blood draw test results shown his blood alcohol content could only be if he had like a dozen or more.

 

One could also add that getting a hummer from an intern is a lot different than endangering the lives of everyone in our community by super drunk driving between Elberta and Manistee, and being stopped by police in the midst of a serious felony is a lot different than being caught with your pants down years later.  How is Dr. Dillon going to say he was innocent when his guilt is on videos and blood tests?

 

But after she sat down, and the Board of Trustees voted unanimously to go into closed session using section 8a (Trustee Dick Wilson added this to the resolution) and 8h of the OMA as the rationale, I couldn't help but think that what had just happened had the feel of closing arguments at the end of a trial, with me doing a prosecutor's spiel followed by an argument from Ms. Cupp that sounded more like a defense attorney. 

 

The verdict came back after about 110 minutes, and no decisions on Dr. Dillon's future was determined, however, they  voted to have the college staff and its legal counsel conclude their investigations and report back at the Oct. 19 board meeting with a hope of possibly making a decision then.  Three trustees thanked the public for their patience, and assured the public that they are only trying to do things legally and correctly. 

 

Fair enough, but why then hold hours of closed meetings if you want to show that to the public, and mask some of the closed meetings behind specious rationales?   

[XLFD]

We're in total agreement here, Johnny, and I would even agree that the Manistee Police Department acted very professionally throughout the video and since the incident in giving the public access to the two police videos of the event. 

Ms. Cupps comments as a friend of Dr. Dillons, if anything, indicate that he still wants the position regardless of the damage he has done to the college, and what further damage he could pose to the college if he remains.  With all these closed sessions and privileged communications, the public is left in the dark for what's going on.  Obviously that non-transparency upsets you Johnny, I just wish you would be equally upset when other public officials act nearly as badly and wastes the taxpayer's money even worse.

[XLFD]

Yes, it is rare that the police would release such video without a FOIA to news agencies.  I can't rightly remember the release of police dash cam video here in Mason County voluntarily.

But I wouldn't be surprised that the MPD probably had many requests for the videos from news agencies and decided to release it to everyone.  I like that proactive transparency. 

[AQUAMAN]

Who's this, Good Johnny? I see it didn't take long to return to Bad Johnny in the accountability thread though. Anyhow, think about Dillon as having made upwards of over $2 Million in that job in the last 16 years. That aint chump change like most locals make. No wonder his attitude, and feeling of superiority around here. Arrogance goeth before the fall! And at this late date, so should the entire board. Waiting for political feedback and legal advice in this particular case was unwise, and shows their loyalty is to themselves, not the WSCC as they are duty bound to do. 

[XLFD]

The board members do not have to express their opinion; I think it would be nice if they did, but they are likely too politically attuned so as to offer something that they may have to live with the consequences of later.  For example, if they show unfailing support for Dillon's continued presidency, they may have repercussions from the next president or from others who see the offense as a deal-breaker for Dillon.

[AQUAMAN]

"Deal-Breaker" is just what everyone should fear! Is this a sort of situation that taxpayers should fear, or should just routinely ask the Board of Trustees to adhere to their duties and accountability, to ethics/responsible acts to the locals/taxpayers? They, in fact and on the record, do NOT assume/enforce those requirements thus far imho. Can anyone here imagine? Yes, 16 years of work, really white glove/collar/ and you get $2 Million plus expenses, insurance, health, dental, foot, ear, major medical's best, pension, early retirement, and all the other perks that go with this job! 

[Willy]

If Dillon had been driving his own personal vehicle this situation would have been  bad enough and should have merited sanctions against him but not a loss of his job, however, the fact that he was driving a West Shore owned vehicle puts a totally different spin on this story. 1.While in that vehicle he represented the College at all times, 2. Driving that vehicle put the College and tax payers at risk from any law suits that might occur from any accidents he might cause. 3. He completely ignored his responsibility to represent the College in a proper manner and tarnished it's reputation. 4. He ignored his responsibility to conduct himself in a safe manner by putting the public, himself and College property in harms way. This may have been his first time drunk behind the wheel but I seriously doubt it. It would very interesting to know if he had been stopped before by Mason County or Ludington's law enforcement for this type of behavior and was given a pass because of his status in the community.

[XLFD]

Good lines of reasoning, Willy.  With some of the additional materials I have received, he was up in Elberta while allegedly involved in non-college activities, which means he was using the vehicle in a manner which is probably contrary to the College's directives, and definitely against the public's directives. 

[Paul Jensen]

A theater student I encountered on FB called Dillon "Papa D", they got his undivided attention<cough>     those of us in the science department only got harassed by maintenance staff, no Papa D

[XLFD]

Time for a renaming: 'Papa DUI'

[Willy]

Papa DUH

[Paul Jensen]

when he received a vote of no confidence he should have left

[XLFD]

The WSCC Board hasn't actually gave a no-confidence vote for Dr. Dillon.  The worst they have done is cut his paid vacation to just a vacation so far, and recognized that he is not following the board's three rules.  My impression is that the board is split on the Dillon Dilemma, probably has enough votes to fire him, but not the backbone.  And the likely culprit is Dillon's contract. 

These types of boards usually stuff contracts full of goodies and inducements for the administrator so that they'll stay.  This usually includes golden parachutes upon release that make it nigh impossible to fire them without financial and legal consequences.  It's the same with Ludington City Manager John Shay's contract.