Local Newspaper Fully Backs Citizen Seeking Information Through the FOIA

[XLFD]

Before you misinterpret the headline, the local newspaper referred to is not the City of Ludington Daily News (COLDNews), our local paper that serves as an echo chamber for Ludington City Hall.  Instead it refers to a Michigan thumb area periodical called the Huron Daily Tribune (HDT) which reports on some odd behavior by a public body to block some reasonable Freedom of Information Act (FOIA) requests by a citizen seeking information. 

The HDT began in a September 15 article detailing the request of a pro-wind energy advocate from Huron County's Lincoln Township, Arlene Schipinski, and her quest for data.  She requested bank statements of the township for checking, savings and investment accounts from January to August (2016); township employee and government salaries for 2013-2016, copies of canceled checks for legal services this year, and the names of those who spoke at an August township board meeting.

At this time, she had just made an informal plea at that week's meeting for these items with the city formalizing it afterwards.  The controversy:  Lincoln Township established a $10,000 legal fund in August, and also adopted an ordinance allowing the township to establish a planning commission, and another that puts a moratorium on wind turbine development. 

It looked strongly to Schipinski and other advocates that the township was preparing to thwart the invasion of wind turbines that the county may have been planning.  The township is part of a 39,000-acre wind overlay district currently proposed by DTE Energy that also includes parts of Dwight, Bloomfield and Sigel townships, and would include 50 to 70 turbines.

In this October 6, HDT article, it indicates Schipinski got some of her request but failed to get any records of who made an $1,100 donation; who were the guests at the August township board meeting; and a copy of a canceled check for legal services.  These were denied because the township said they did not exist.

“Their avoidance to give me the information I requested reinforces my concerns that the board is being lobbied by special interests and not giving the people of Lincoln Township a voice by allowing it to come to a vote if we want to township zone,” Schipinski said.  “I feel the Lincoln Township Board is definitely hiding something by withholding pertinent information regarding their actions by taking money from special interest groups of either anti-wind or pro-fracking.  The best way to keep fracking out is to have windmills, so I question who is behind the private donation.”

In a HDT article on October 12, the township clerk, Irvin Kanaski, openly criticized Schipinski at the town hall meeting saying Schipinski's FOIA request took thousands of dollars to fulfill and: 

“This cost is more than double that of the $1,100 that was anonymous, the legal expense donation made to the township.  The residents of Lincoln Township have worked and paid taxes for 30, 40, 50, 60 and 70 years. Now a resident of seven years causes all of this destruction to our township and is wasting so much of our money.  How can one resident cause so much division in our township?  I ask you, Lincoln Township residents, to call Mrs. Schipinski and ask her to please stop wasting our money with her frivolous freedom of information requests.”

Someone in the audience declared that Kanaski was 'out of line', however, he continued: 

“Now to address the Huron Daily Tribune: a freedom of information request was sent to Pat Weber on Wednesday, Oct. 5, from the Tribune.  The Tribune wants to know where the $1,100 anonymous donation came from.  It would sure be nice if the reporters did their homework on what they print on the front page to see if it is factual or not. The statement that Lincoln Township is not allowing a vote of the people to see if they want township zoning is totally untrue.  I know the facts that I have stated in this letter will not make the front page of the paper because you like to print misinterpreted information.”

After his statement, several audience members applauded. One woman booed [Be that woman].  Schipinski did not react.  The HDT claimed ignorance of their own'untrue' statement.  The Lincoln Board also revised its FOIA policy, making it likely that they would shelter their records in the future through an elaborate system of fees and costs that are not strictly prohibited by the FOIA.

Those familiar with the City of Ludington's past, know that our version of Irvin Kanaski has been embodied most often by Ludington Mayor Pro-Tem Kaye Holman, pictured above next to two piles of papers that she said were copies that reflected FOIA requests made by this correspondent, who never asks for paper copies.  Holman has mistakenly claimed that simple FOIA requests made by me cost the city taxpayers over a couple hundred thousand dollars each year.  Holman said:

"Well, I have soapboxes all over the place.  I'm the chairman of Finance (Committee) as many of you know.  And in this week's finance (report), against my better judgment, we authorized a payment of a bill to Carlos Alvarado, who is our Freedom of Information person (Coordinator), for a total of approximately $2437, which covers six weeks of FOIAs (FOIA requests) by Mr. Rotta.  Six weeks.  That is $400 a week, and over a period of a year, which I'm assuming will keep on going, because I have no reason to think it won't, that's $200,000! 

Will somebody besides me please, please, get angry.  PLEASE get angry.  Two hundred thousand taxpayer dollars..."

Besides the fact that she's the chairman of the Finance Committee and missed her calculation by a factor of ten, she illustrates something that Lincoln Township discovered.  When you involve attorneys in the FOIA process, they will add plenty of costs to the public body, much of which can't be charged to the requestor.  But if your public body is doing things like they should, they should never have to involve any lawyers in the process in the first place.

What should be pointed out that despite Holman's frequent outbursts over FOIA, added to those of Shay, Krauch, Wilson, and Castonia, the COLDNews has never sided with a citizen seeking information from the city, even when it was fairly clear that the records would have been released to the COLDNews if they had ever asked for them.  That's what differs them from the Huron County Tribune who may be on the same windward side of the fence with Ms. Schipinski, but even if they aren't they know what the board's duties are under FOIA.  Real journalists must always side with the FOIA, even if the requestor is somebody that they can't stand.

[Brad]

No matter the cost, sounds like it may be cheaper to be truly transparent. ...And FIOA costs are the city's fault and are well worth their cost and your trouble.

If Kaye is on the "finance" committee maybe she can recommend to the council to be more open?

[Willy]

I remember that. Holman was always saying something stupid. I guess not much has changed. Even the green weenies have their fights with FOIA requests. 

[stump]

At last nights forum, "Holman" I JUST WANT TO BE MAYOR !!!!!!! LOL

[Willy]

[XLFD]

The Precious key to the city could be stolen from her by nasty hobbits voting for others.

[stump]

Castonia said that the bayou isn't contaminated, he read the report. Must have skipped a few pages.

[Brad]

He say that at forum?

[AQUAMAN]

Unfortunate, got a bunch of oldies on the council that believe every single word of misinformation and lies that comes out of John Shay's mouth, year after year. Too bad they aren't so lazy and misguided in their opinions and beliefs, otherwise they might learn something about their own hometown, and make some informed and educated judgments and decisions for the locals that need it badly now more than ever. And what Holman said, is about all she has to offer, just wants more power and ability to stay on. She offered no goals for future, no regrets about ignored infrastructure, no plans for attracting new business ventures, no reason why her ideas are better than her opponents, NOTHING! What that woman has upstairs for brains is beyond me. (Fiesty cartoons guys, lol). I see absolutely NO REASON to vote for Holman nor Castonia at all, just a waste of more time and taxpayers monies if either is elected.

[XLFD]

If either Holman or Castonia read anything, it would have been the 30 page 'report summary' made by the city's crony, Otwell Mawby, a consulting engineering company after being paid by the city to do so.  The actual report was nearly 500 page, and showed massive contamination (here is where I refute some of OM's findings).  This contamination is lead, mercury, copper, PCHs, PCPs, etc., and then there's all the raw s&*t from the city.

I invite the city councilors who put their faith in this summary to wade into the east end of the bayou and play around in the water for a half hour with their families on one of these warm summer days.  What, no councilor wants to play in the water?