FOIA Deposit Turned Down by City of Ludington

[XLFD]

On November 9, 2012 a friend of free and open government went to Ludington City Hall and made an unconventional 'FOIA request'.  There was nothing that they wanted to see themselves, but they wanted to provide some funding to help this humble information-seeker get more access to data from Ludington.

When I was told about this venture later that day, I was surprised to find that the person who did this had gotten together some money from themself and others to arrange for me to get future FOIA requests.  They told me they had went to the Ludington City Hall and talked with the usually friendly receptionists down the line.  They had talked with the City Clerk and Treasurer about putting a significant 'deposit' down for future FOIA requests made by me.

The ladies had saw nothing wrong with doing so, but had called City Manager John Shay to get his OK.  My benefactor told me that Shay had asked them about whether it was to help pay the debt that the 51st Circuit Court had determined I owed the City for unfulfilled FOIA requests made in the past.  They said, it wasn't it was just for future requests.  A bit puzzled, he accepted the money and had the treasurer write out a receipt noting that the money was to be used for future FOIA requests for me.

They then relate that less than a half an hour later, they received a call from the City telling them that John Shay had changed his mind, and would need to refund the money.  They went back and got a check ($500 cash was originally deposited) from the City Clerk and a receipt showing their deposit was refunded.

I cannot explain what made the City Manager change his mind.  Perhaps he thought it was a trap, like the time someone made off with his strawberries at City Hall and the subsequent internal investigation that ensued (he looked different back then):

So, it looks as if someone cannot put an advance deposit on FOIA requests, even if done with the best of intentions, and the very good likelihood of it being spent because of the noted proclivity of me to make FOIA requests on this city.

I appreciate the effort by these charitable persons to help the cause of transparency, but paying the current City Manager in advance is probably not a good idea, as it would no doubt only lead to "FOIA inflation" when the time to choose his fees comes along.  And he might dip into it when his own debts get established by the courts in the future. 

[Willy]

I am curious as to why Shay returned the money. I bet he consulted he City Attorney about taking payments in advanced. The City Attorneys advice probably costs the taxpayers $500.

[XLFD]

From what I know about the guy, he probably considered it some ploy by me and/or my allies to gain some legal advantage.  He probably did talk with at least CAs Saylor and Wilson, who are naturally suspicious, and fueled his paranoia. 

Was it some kind of ploy?  Of course not. 

But maybe my denial is another ploy. 

[Lisa O'Brien]

It's probably a violation of IRS accounting practices, plus there is also an issue of interest that would have to be paid to money just sitting there.

[XLFD]

Good points, Lisa.  I am not faulting the decision-maker(s) here or saying that they did anything contrary to sound policy, but it's just an interesting fact that they complain a lot about me 'not paying what I rightfully owe them' and then do something like this when my side tries to put up a deposit for valid FOIA fees charged in the future.

[Progressive Tiger]

XLFD, I truly admire your activism in taking on the city government in this town. I'd love to see the officials hooked up to blood pressure machines every time you walk in the door. I know they must see you as the Devil incarnate, so I am curious as to how they treat you on a regular basis. Are they cordial toward you, or do they make no attempt to mask their disdain?

I think you have a genetic predisposition toward being a Liberal, rather than a Conservative. You would have fit right in with our activists in the 60s as they made the Establishment honchos' heads explode in exasperation. You are doing good work.

[XLFD]

Reading body language is not an exact science, so I will rarely characterize their reactions or my interpretations of their actions against them.  I will say that if you review the City Council tapes of this summer and fall, you can probably judge for yourself more by their non-verbal clues, than you can by their words, how they feel about me. 

I'd say at least five of the seven councilors are cordial, albeit because it is politically expedient, and the Clerk and Treasurer are too.  This is cordiality in behavior, I haven't met any who are cordial towards me in the political sense.

My predisposition would find me a bit sympathetic to the activists of the '60s, but I think I would have more in common with the activists of the 1760s, who presaged the revolution.

[AQUAMAN]

The COL gladly accepts and also requests deposits for water and sewer customers when they are not prompt paying, or new to the area at times too. It was also told to me that they now charge an advance fee/deposit for entering a float/car in the 4th parade, maybe other parades too. The accounting for such a small amount of money is nothing that would take any significant amount of time to make deductions from imho. Esp. when most request for FOIA's ask for hundreds of dollars for the favor. When Holman and others insist that FOIA requests made by one fellow is a nuisance and taking advantage of the COL's employees' time on the job and wasting resources, they repeatedly ask for money, money, money, and more money than the FOIA is worth. So, why reject this kind of deposit? Shay, vengeance is the Lord's, not yours to wield like a sword over the populace. This act clearly shows how petty a man you truly are, petty, jealous, and inept. City of Ludington, don't make future complaints about money not filling your coffers for injust and overinflated fees for FOIA's again, you had the bird in the hand, now it's back in the bush where is justly belongs.

[Willy]

Aquaman

That is an excellent point. The money should have been accepted as a deposit against future FOIA requests. Lisa's points make a lot of sense but your explanation seems to hit the nail on the head.

[AQUAMAN]

You're funny at times Tiger, actually, the COL people I overheard talking several times do have a nickname for X, it's Lucifer......lol. I'm waiting for X to attend a CC mtg. with a picture of old Lucy on the back, maybe that will stifle the LFD Chief in his tracks. I figure Lucy should also be holding onto a large lit Torch to show support of this forum.

[AQUAMAN]

Lisa's point about some IRS issues is moot, municipalities are tax exempt by nature, and don't pay taxes, but steadfastly collect them. The fact is the money was accepted, then it was squashed by Shyster Shay. Wonder what a shirt with my idea would look like, with the letters  XLFD on the top of the pic., and LFD on the bottom?

[AQUAMAN]

Perhaps a better pic yet for a shirt would be Shay's face on the body of Lucifer, with horns, and pitchfork poking the COL and it's citizens, as it fits better there anyhow imho.

[AQUAMAN]

It's been almost a year since the charitable donors for future FOIA requests were firmly and defiantly declined, and refunded to the tune of $500. I challenge the remarks of any city official, including, and most pointedly at Councilor Holman! You see my dear, the monies for future FOIA's were there in the COL's hands, in cash, and your own Shyster Shay refunded them in full, for no other reason that vindictive and childish behavior. Who's really wasting the taxpayers monies now? And how many more lies will you preach as gospel to the public?