Ludington City Council April 13, 2015: A Tribute to Things Not Done

[XLFD]

Denials and Other Business

The headlines and stories of the City of Ludington Daily News on Tuesday indicated that the main stories out of this council meeting was what wasn't done.  The front page story broadcast "Sidewalk Change Delayed", and the secondary article on page three stated "Council Rules Against Signs to Promote Earth Day Event".  Only in passing did they mention what was accomplished, and only at the end of the second article.

Yet they failed to neglect what else had not been accomplished in a dozen years as concerns the city manager, as the vast majority of my public comment touched upon the neglect of John Shay to take an oath of office and the repercussions therefrom, nor did they bother to utilize Councilor Holman's anger at having to allow the public to inspect the records they make and the costs of doing so (to be considered in another article).  These are costs that arose strictly from making the FOIA Coordinator of Ludington an attorney, an action voted and commented favorably on by Councilor Holman and the rest of the councilors. 

Here's what did happen at the meeting other than these delays and denials:  the council passed a new personnel policy with several changes without any problems (yet).  Some sample changes:  the mayor and city councilors are NOT considered part-time employees, they also define reserve police officers to an extent (see below) only changing the nature of benefits:

Recall City Attorney Wilson's opinion last year when he said reserve officers were not employees at all?  The previous personnel policies should have been shared with me earlier when I made FOIA requests regarding the employment status and other data about reserve officers.  The city code of ordinances and charter still have nothing officially allowing police reserve officers, of which the city has about 15 of, the same size as the LPD regular forces. 

Further changes are for lengthening the probationary period of employees from six months to twelve, disallowing employees (other than LPD employees) to carry firearms and other weapons at a City location, even if a concealed carry permit is possessed.  It also says they cannot possess chemicals that could cause harm and they have the 'intent of causing injury to another' in another superfluous section.  See a lot more changes made by the City Attorneys starting on page 29 here:  (cou-packet-04132015.pdf).  Marvel at what change $205 per hour did to the existing policy; the council passed the changes without any meaningful discussion.

Beginning on page 75 of that packet is an agreement with Moore & Bruggink, consulting engineers, to do engineering work of the Michigan Department of Transportation (MDOT) portion on the proposed Maritime Museum.  If the Mason County Historical Society is going to be paying the $92,000 on this and other contractors, why must we have the City of Ludington be the client thereof, and liable for legal and financial problems that may arise? 

If you still are planning on voting yes on Proposal 15-1, note the amount of cash that the MDOT is investing in a redundant museum prepared not for transportation but for tourism. 

Two reports were give by the Recreation Department (annual) and the Spectrum Health Ludington Foundation Director, a 5K run was approved for May 30 from the health department.  The recovery of attorney fees for successful civil rights lawsuits was already detailed in this article:  Ludington Officials: Civil Rights Laws Need Not Apply Here. showing yet once again how dedicated Ludington City Hall is to the people it supposedly serves (up on a platter, maybe).

AFFEW Signs Were Too Many

A Few Friends for the Environment of the World (AFFEW) had a pitchman for their organization give a synopsis of his groups desire to put signs up to celebrate the 25th anniversary of AFFEW (and on the 50th anniversary of Earth Day).  Ten signs around the area of the Ludington Area Center for the Arts. 

At 7:50 in citizen Tom Tyron gets up and offered an idea of what it was like to find all these signs cropping up on his Ludington Avenue property, and questions whether there is a political message behind the group which would make it a political sign that could show up on his property without his permission.

At 15:25 into the video below, Councilor Les Johnson  brings the motion up for the AFFEW signs, a few seconds later the mayor asks for a second of the motion, a few more seconds pass, and the moton fails to get seconded.  As for politics, the AFFEW signs were advertising themes based on "sustainable green cities".  No discussion took place until the end of the meeting, where Councilor Castonia (52:30 in) brought up that he wanted to further discuss the issues over sign placement, and banter between him, John Shay, and Councilor Holman discussed general issues over signs. 

Councilor Winczewski, a card carrying member of AFFEW, tried to lightly defend the group and their preparations they made to get approval.  The denial may signal a shift in city policy to deny many right-of-way signs in the future, or at least assert more control over the placement.  What bothers me about the councilors frame of mind is that they believe that the public right-of-way (including streets sidewalks and the area in between) belong to them, when it doesn't. 

The original plat of Ludington has property sections abutting each other in the middle of streets, the right-of-way belongs to property owners, that's one reason why you're responsible for cutting the grass within the right-of-way.  You have very limited personal use of the land, being that it needs to be crossable by foot and vehicle traffic.

Oath of Office Dodgeball

Once again, the city officials dodged accusations of John Shay's misconduct.  I prepared the first of several to come speeches detailing the failure of John Shay, in this one I spotlighted his dozen years of refusal to take an Oath of Office.  This is more than an oversight, John Shay actively refuses to take an oath of office, and everyone at the city hall runs cover for him.  It is mandatory for local officers to take this oath found in the state constitution; it has even recently been photo ops for members of city hall

But for some reason the same officials who feel so honored to take the oath of office, allows their hired help to sidestep the law, probably because they know he cannot be held accountable for violating an oath of office he has never taken, when he finally becomes too toxic or runs out of favor in a future council.  This once again shows an arrogance by all of these city hallers of being above the law, and able to look the other way when their fellow officials break the rules.  This should not inspire any confidence.  The following comment starts at about the 9:20 mark and is transcribed below the video. 

April 13, 2015 Ludington City Council from Mason County District Library on Vimeo.

"At the last meeting, I listed ten reasons why John Shay should be fired as city manager, specific actions or inactions by Mr. Shay that betokens either incapacity to do his job or a reluctance to do his job ethically.  Each of the ten reasons were based on documented cases of incompetence or gross neglect of duty, each negatively affecting the health and viability of my fair city.  Eight of those ten reasons were uncovered and/or confirmed by FOIA requests to this or other public bodies, then documented, and exposed to the public, including this body. 

At the end of the meeting, some of you defended these ten public policy transgressions , not by defending the specific charges against him, but by making an attack on the source as Councilor Castonia did, or by praising the character, ethics and respectfulness of John Shay as Councilor Winczewski and Mayor Cox did.  This was after Councilor Holman made a frontal attack versus the Freedom of Information Act and in particular the highly inefficient and costly way the city council has decided to handle requests by filtering them through expensive attorney FOIA Coordinators.  The full council then unanimously denied records that were at most, partially exempt.

Nobody commented on any of the ten specific demerits against John Shay brought forth, as if to unanimously deny them any legitimacy.  But I have decided I will comment on at least one in detail at each meeting to better transmit the news to the public, starting tonight.  Having noted the council's lack of moral concern to previous scandals as it concerns them and their appointed squad, I expect the usual indifference and/or personal attacks on me along the way, rather than a commitment to bettering themselves and the health of our city by admitting the indiscretions.

I made a FOIA request for John Shay's filed oath of office back in 2011, I received replies saying they did not exist.  When he was being deposed in a federal civil rights lawsuit against him in 2013, he confirmed that he had never sworn an oath of office in his ten years as Ludington City Manager. 

Article 11, section 1 of the state constitution mandates that every public official at state and local levels need to swear an oath of office.  I swore one when I became a firefighter for the city back in 2001, (hand raised) "I do solemnly swear that I will support the Constitution of the United States and the constitution of this state, and that I will faithfully discharge the duties of the office of city manager according to the best of my ability."  It was that simple.  I then signed a legal form attesting I swore the oath so mandated for my employment.

John Shay, with all the ever expanding power he has received from this council over public policy and over other duly sworn officials, has refused to do so in his twelve years at the helm of Ludington, and has done so with the allowance of all of you elected officials in front of me, and the ignoring of that law by the Ludington Police Department.  He has never gave a reason for this dereliction of duty.

Would the LPD be so tolerant if you told them the reason you didn't have a driver's license was because you knew everything you needed to know about driving?  Would our building inspector allow you to build indiscriminately without permits just because you have a good reputation and construction skills?  No, they wouldn't. 

Yet you allow the person in our most powerful position to break the law openly for twelve years.  If this council and mayor has no control over Mr. Shay to do this simple, fundamental task in that time, why do they expect to influence him to do other things lawfully, ethically, and within the parameters of our state and federal constitutions?  Why would any citizen?

Let us not forget, he personally and this city was taken to federal court for several counts of constitutional rights violations, a lawsuit that this council settled in 2013.  Councilors, please tell us citizens why the city manager has been given such leniency by you, or risk having your own credibility, morality, and relevance questioned.

In the other issue before this council, the changes in the sidewalk policy is an attempt at pure revenue generation by the city, it will only negatively affect the walkability of our city by divesting our allotted sidewalk budget money away from the places that need sidewalks or sidewalk maintenance to put in disjointed sidewalks-to-nowhere.  Mayor Cox, surely you can see that installing sidewalks based on house-selling [at this point my time was up, and my appeal to finish my sentence was denied by Major (an unintentional verbal gaffe I made earlier) Cox] will do a worse job of curing the city's walkability than the council developing and implementing a tactical plan to address the problem."

[Willy]

Good job X. The point you made regarding Shay's lack of taking an oath was very clear and concise. Well said. I wonder if you will be getting an answer to the question? I also was wondering what the response would have been if you had simply asked the Council and Mayor why Shay is working for the City without taking an oath and then just stood there for the rest of your allotted  time, in silence, waiting for an answer. Talk about a deafening silence.

Another terrific job of reporting the Council meeting unlike the LDN. I'm still wondering when the LDN will become a grown up newspaper that is run by adults who care about the people who read their paper. I'm thinking about not patronizing businesses that support the LDN through it's advertisements. After all, the advertising money that support the LDN comes from  the public who support those companies and stores that keep LDN's printers humming with the help of our consumer dollars.

[XLFD]

What isn't clear is the reason behind the oath avoidance.  True to his arrogance, he has been confronted with this on numerous times and has deigned not to make a response, nor has his accomplices to the crime offered any explanation.  It's like he gets to take the Fifth Amendment on the issue.  If I was a councilor, I would have immediately had him address the issue when it was first raised in 2011, now it is likely going to a quo warranto proceeding when I get around to overcoming the inertia of springtime. 

The COLDNews editors have about as much interest in the people of our area as our current crop of officials.  They need to import editorials about the importance of FOIA requests during Sunshine Week because they apparently don't know of the topic.  According to Aquaman, Editor Steve Begnoche for some reason believes he was the person who taught me about making FOIA requests to get information, yet I never wrote or talked to him until 2011 when I ran for office, well after I made several dozen FOIA requests to various agencies.

[Willy]

Again, after watching Holeman's comments I can only say, what an idiot. Everytime she opens her mouth someone should stuff it with cotton, toilet paper, anything, to keep her from making a fool of herself and the people who voted for her. She sits there and complains about the City hiring an attorney who is paid a huge amount of money so the City can avoid their responsibility of giving to the people, who elected them, public information, then tries to blame it on Mr. Rotta.  I just can't understand how a person who is so completely ignorant, can be elected to represent the voters of her district. I cringe every time she opens her mouth because she embarrasses the good citizens of Ludington by broadcasting her foolish thinking over the airwaves for all to hear. She is the spawn of the worst kind of politician. God help the people of Ludington who are stuck with this woman until the next election.

[AQUAMAN]

Well said Willy. Nowthen, the only problem with Kaye Holman's district, is that it's the "at large citizens", and that means the MAJORITY of LUDINGTON VOTERS! Since she's protesting the fees of FOIA again, overstating the fees for X alone at $200K, instead of $20K, why not volunteer to do this job herself? Boy, how silly she really is, can't even multiply 400 X 50, which was an intentional overstatement of FOIA fees annually, and she should know that. But does she?  A real inspiration for others to follow. Not only is she strongly biased and inept, she's just plain dumb and obnoxious to no end. Footnote: kinda funny to see a Birdman with fuzz on his chinny chin chin, hair is no sign of wisdom and fair governing Major Abe.  And good tidings to the Chief for his son's recovery from his accident. Don't care for his LPD mgmt. skills all the time, but family is first, and glad he's come thru that crisis okay.

[XLFD]

What's really funny about Councilor Holman's diatribe is that I have the billing records concerning FOIAs for that 6 week period, and ten other distinct people and agencies besides myself and anyone affiliated with me were making FOIA requests to the City of Ludington and having it handled by Carlos Alvarado.  Is she angry and fed up at Bethany Christian Services and NCIS-Louisiana for requesting information?  That will be posted shortly in another article.

Frankly, I can't wait until she gets her five minutes of public comment once she gets off the council (finally)and see what she does with it.  By that time, the major may have a full beard. 

[AQUAMAN]

This city council seems to be more obsessed with frivolous and annoying changes to the city charter, personnel. city ordinances, special events, and tourist related projects than anything else on their bi-weekly calendar of meetings. What they were elected to do is keep the city running smoothly by adhering to the city charter and existing ordinances, along with making sure the infrastructure is kept updated and functioning to excellence. I wonder just how many council members even care about their elected duties, or even realize what they are truly there for. I guess they have to be led around like children by an outside influence like Shay to tell them ALL they need to do, instead of thinking for themselves and their constituents. Then the LDN has the gaul to insinuate that other candidates would make a circus atmosphere there if elected? To me anyhow, this is already a circus in the grandest tradition, and getting a larger big top every year.

[XLFD]

If there was any procedure to get a city manager out of office other than have the city council 'fire' him, one can imagine the look of fear in the councilor's eyes if someone moved to terminate his employment due to the unethical and illegal actions he continues to take.  They would lost their totem, their cult leader, their addictive drug, their Google-replacement, etc. without whom they would be directionless with. 

But except through the city council, John Shay's position is untouchable; he is not subject to recall or any other voter effort.  So we will never see them flinch when his shame is brought forth, because they can ignore it knowing it will be unknown to the majority of the masses. 

[John Doe Jr]

The councilor Winczewski would rather work to change laws to thwart lawsuits, then to tell the corrupt and violent police department to quit assaulting people and violating the people Rights, that leads to such lawsuits against the city.

[XLFD]

I'm perplexed about Kathy Winczewski.  She was a chemistry teacher in LHS for 18 years, retiring in 2010, and was favorably liked/respected by her students and fellow faculty by all indications I have seen.  Shortly thereafter she joins the AFFEW Board in 2013, a left-leaning organization, and gets elected to council starting in 2014. 

I have talked with her, primarily at meetings with LIAA, and you can tell she has fully brought into sustainability/resiliency, climate change/global warming, and other progressive pseudo-scientific concepts.  One would think that such a background would have her fall on the side of the citizens oppressed by government agents, but once again, she buys into the groupthink of her associates.

[stump]

I wonder if the city of Ludington has any of the pay to play police reserve officers as has come to light in the other cities. Most notably the 73 year old reserve officer that shot the guy with his gun instead of the taser, I'm sorry he says as the guy dies. I bet

[XLFD]

Stump,

I am in the midst of putting an article about that Tulsa Reserve Deputy together, complete with all the sordid details regarding the pay to play nature and the lack of training. 

Just a reminder, Ludington has about a dozen reserve officers, more or less, none with MCOLES state certification, armed with service revolvers, four teaching at our schools.  There is nothing in the Ludington City Charter authorizing a reserve force.  They are used for more than just downtown events, they respond to incidents and arrests along with other officers.

[stump]

Watching the Sunday morning TV program THIS WEEK , it's interesting to know that the city of NEW YORK has reserve police officers "4,000 " of them , they are not allowed to carry guns. I wonder how many of our Ludington police reserves would sign up if they couldn't carry.