Dicking Ludington Democracy

[XLFD]

Richard Wilson has been the primary City Attorney for Ludington for about ten years, and his service has not been without controversy.  This is an attorney who submitted for three years, invoices asking for extra special project billings at a rate that was up to $140 per hour more than what his contract entitled him or other lawyers in his firm. Where was the outrage by this city council the first time I brought this up in 2014? There was none. The second time, none. The third time, none. Even though I had sent them records showing this and the city manager's complicity in signing the 38 billing invoices with them.  

At the same time, I was telling them of another conspiracy involving City Manager Shay funneling money to Wilson via 'special legal billings' when the money was directly going to a cost of services consultant firm.  The invoices I eventually received through FOIA requests clearly showed that Beauchamp's consultant work for cost of service analysis and studies was being done for the City of Ludington with plenty of conferences with City Manager Shay and others in the city's utility wing. Yet, our city council had been out of the loop-- they never approved anybody contracting with UFS, as they need to do by charter, especially when the funds used are tens of thousands of dollars. 

These are the grandest past crimes of Dick Wilson that have been caught and ignored by the city government other than having Wilson voluntarily pay some of the money he wasn't entitled to back. His latest misdeed comes at the expense of democracy in Ludington.  Our city charter allows the electors to choose an autonomous city treasurer every four years, or shortly after the office gets vacated.  This posts a special problem to those who play with the city treasury with mostly impunity, like the aforementioned Shay and Wilson, as they need to have a special type of treasurer allow their special accounting practices that can be seen as unethical or illegal by most.  

As noted in Shay Usurps the Power of the Purse the push is on to make a new type of Ludington treasurer that does not comply with the charter's version.  To make sure a complicit treasurer is available, the position and its employees are scheduled to become subservient to Shay, and be that way for 2.5 years, as somehow they make the case that election law will not allow the people to vote for a treasurer in November 2018, the regular election nearly four months after the current treasurer's official last day.  

To make that case, City Attorney Dick Wilson has adapted a narrative that not even fellow officials seem ready to believe, as can be witnessed at the May 8th, 2018 meeting:

May 8th, 2018 Ludington City Council meeting from Mason County District Library on Vimeo.

Councilor Brandy Henderson (1:44:00 in): "We received a memo in tonight's packet, that was also made public, regarding the appointment/election of the city treasurer and for the record I would like to say that I respectfully disagree with the interpretation, and I think the issue and an abundance of others have made clear to me and others that we really need to take some time and prioritize getting our city charter cleaned up and revised, and so I hope we can make that a priority and move forward."

Attorney Dick Wilson: "Brandy, what I didn't say in the memo was that, is that the city clerk, Deb Luskin, and I have had many conversations with the bureau of elections trying to get this some way to the November 2018 election and they simply said it's not going to happen, and so ... they were fine with that with the mayor as I explained in the memo, but they weren't hearing anything about doing this in 2018, so..."

And the topic changed without further comment.  The memo was in the May 7 Council packet p. 221, the heading reproduced below:

A torturous argument follows that mercifully terminates with the following conclusions:

And if these rationales are understandable and seem like the only interpretations available, then your name is likely Richard Wilson.  The Ludington Torch has acquired some of the correspondence between City Attorney Wilson and a couple of State election officials they are available in this E-mail thread.pdf.  Look closely at those before we analyze it further. 

The discussions took place in December 2017, where it is fairly clear that the Treasurer position would be open following Treasurer Rogers' ten year anniversary in July 2018, chosen precisely for the additional fringe benefits she would be able to receive for the rest of her years.  This retirement was well known throughout city hall during that time, I even heard about it.  The concern by city hall staff was how to keep the City Treasurer position off the ballot in 2018.  Recall, these are the city officials who were hoping to get the clerk and treasurer spots to be appointive, only backing off when Ludington citizens in large numbers said it was an idea they didn't agree with.

Like most E-mail chains, the oldest statements are from the bottom.  As you read up, you find that parts of the conversation are not totally there; the chain starts with a response from Lori Bourbonais  noting two state election laws.  She then responds to another question by Wilson:

What Lori is saying is that a special primary is a type of special election, as seen in the definitions sections of election law (MCL 168.4 seen below in part) and just like in 2016 when we had four mayor candidates turn in petitions later than today, the winner of the majority of votes in the special election held that November won the election.  

 

In the non-partisan elections of Ludington elective leaders, there is not any need for primary elections, the only time such happens is when more than two take out petitions in the normal petitioning times, see Section 4.7 of the charter.  But this is a special election, not constrained by the usual deadlines for getting on the ballot, but constrained by when the city council fixes the dates and by the other limitations in the law, which allows them to avoid a primary.  As in 2016, they could avoid a primary election (which would only happen anyway under normal circumstances if three or more candidates filed) and put all candidates on the November ballot in plenty of time.  

So contrary to Dick Wilson's assertions that there were many conversations where election officials said a 2018 election was not going to happen and that they weren't going to do this in 2018, there is no such case.  The election official has noted that the need for a special primary is obsolete, the definitions agree that the special primary is an optional step, our own practice in 2016 for the mayor spot illustrated that.  

So why is our city attorney from Manistee, representing a Grand Rapids law firm, trying to take the elective position of treasurer away from the Ludington people?   Why is he drawing up and thereby creating an unlawful office of 'interim city treasurer' which has little resemblance to the actual city treasurer defined in our charter?  

If the past is any indication, he wants more money and less of a trail; how better than to have his usual accomplice John Shay, and not the elected representative of the people, controlling Ludington's purse strings.

[Willy]

There is foul play afoot here. Brandi see's it and wanted to bring up the City Charter but Wilson ended the topic. I have to give Brandi credit for recognizing what is going on. She sounded tentative as if she were expecting to be chastised in the coming days for bringing up this subject. This appointment, as I see it, of an illegal  interim City Treasurer is the movement of the slithering snakes who occupy City Hall. I hope Brandi does not let this happen. We can expect the other dunderhead Councilors to be positioning themselves and their noses in close proximity to Shay's rear and will be in the processing of kissing it and dutifully obeying his commands. What a bunch of conniving  throwbacks. Thanks X for getting the dirt on Shay and his boy Wilson. For being such a sleepy burg, there never seems to be a dull moment in the World of Ludington politics.

By the way, where did you get that photo of Wilson at the bank?

[XLFD]

I expect her to be chastised by her peers, and at the same time praised by citizens that are paying attention.  I would encourage every citizen to let their councilors know, respectfully if possible, that they want the charter to be followed.

Some local bank had used Attorney Wilson in an advertisement for their bank because of his being so damn telegenic, I captured a still of him doing his thing and used it before.

[Freedom Seeker]

Very clever title!  It's a shame that there is so much dicking going on down at City Hall.  It's really quite amazing and worthy of respect that Brandy Henderson saw through this treasurer appointment scam.  I hope she keeps fighting for democracy.  Maybe some of the other Councilors can learn from her!

[AQUAMAN]

Of first note, absentees: Councilor Krauch and Leneius. Where are they again, both appointees, and we are never told why? In the day back when, the Mayor would give the valid reasons, and they never do nowadays. Next: I don't understand the moment for silence instead of a prayer, just because Barnett isn't present. I thought Johnson did this in the past, why not now? And the  reason: to give thanks for the public and council being together? Strange. Why can't the Mayor herself do a short prayer? Or isn't she Christian, just like Shyster Shay, falling asleep the entire mtg.? Then Brandi makes a very valid point at the end, about respectfully disagreeing with the warped interpretation of Tricky Dick's version of election laws. Didn't the Treasurer Rogers make her statement about retirement last year, even before her re-election? I thought I heard about it then, and if so, why did the Council and Shay wait until now for this memo on the record? There was still about 16 weeks left too before the primary, so that's plenty of time to make a special election possible and legal. It's clearly the fixed agenda again in play, to usurp power of the taxpaying electorate, and appoint a crony that obeys Shyster Shay to his crooked tune. Might just as well throw the City Charter and Constitution in the garbage can, because, Tricky Dick always finds a way to get around them all the time when needed. Another appointee that needs removal, yet continues with his warped ways for Shay's benefit.

[XLFD]

Thanks for your analysis of the meeting, Aquaman, it's always enlightening-- and don't worry, I hope to give a more comprehensive article on this meeting but I'm fighting a nagging illness.

When Chief Barnett hasn't been able to do the invocation in the past due to absence, the duty fell to Councilor Rathsack in recent years.  I will give the council the benefit of the doubt by believing that Barnett's absence may have been a last minute emergency of some sort, and that nobody was ready to cover for him.  It doesn't surprise me with this bunch that they don't have a contingency plan.

[Freedom Seeker]

If found that very strange as well that no one else could deliver an opening prayer, but on the other hand it was a refreshing break not to hear Barnett's self-absorbed, one-sided and hypocritical view of religion which often had an undertone of shame to XLFD.  Can't we get a local minister who might pray true righteousness which would be fair to all?

[AQUAMAN]

Wouldn't be surprised if we see Mitch Kaehle there someday to oppose any religious invocation. He's done it many times elsewhere, and it had to be canceled completely.

[XLFD]

I've resolved to make a special invocation that I will carry with me to future meetings just in case Chief Barnett misses another.  I'm a little afraid of the possibility that Satan will rise up at one of these unconsecrated meetings, snatch Shay, Wilson and other officials up to take them to their ultimate punishment a little earlier than planned. 

I don't want other innocents getting unnecessarily traumatized by the spectacle or burned by the fire and brimstone.  

[Willy]

Be careful what you wish for. It may come true but with unexpected results.

[Freedom Seeker]

Good cartoon Willy!  And there shall be weeping and gnashing of teeth.

[XLFD]

Shay forking taxpayers over for all of eternity with two pitchforks?!  That sounds like his deepest darkest wish other than a punishment, and it's too much like what he's already doing.  

Does sound like a good opportunity, however, to shamelessly plug our Facebook outlet, The Ludington Pitchfork, a pitchfork that's a little too hot for Shay to handle.

[XLFD]

Still no indication of who has applied for the Interim City Treasurer position.  I had been encouraged to try, but I would never encourage our city leaders doing disgusting things that run counter to the city charter, like appointing a treasurer who answers only to the city manager and stays in the position after a couple of regular elections take place.  When two of the three councilors in the personnel committee were recently appointed and received the full powers of their position, they become the worst of hypocrites for participating in tomorrow's farce at city hall.  The LT will be there, you should too if you feel the integrity of the charter is being challenged.