In the process of looking up information for my upcoming arraignment on bogus charges crafted by the City of Ludington (COL) in regard to me being trapped in Cartier Park during the March 12 deer cull, I discovered something quite profound. There was never any contract, or even any Cooperative Service Agreement (CSA), made between the COL and the USDA (or any of its subgroups engaged in wildlife management).
The Ludington Torch overlooked this simple fact or at the least ignored its significance by not recognizing it as important when the City of Ludington conducted the deer culls in March. The lack of any kind of contract between the parties seems to invalidate much of what took place and strengthen the claims of negligence and lack of due diligence on the City's and USDA's part. Let's then validate the assertion that the 2024 deer cull in Ludington was held without any kind of contract between parties.
From the Jan 9, 2023 council meeting notes:
The minutes are a good recitation of what happened, as seen in the video of that meeting, and found in the LT's recap of the meeting. In pursuing "termination of the contract with the USDA under section 12 of the agreement" we need to look at that section (article) in the CSA, shown below:
FOIAed emails between parties show that Mitch Foster contacted the USDA and the termination was mutually agreed upon in January 2023. What we have is the council making a motion to have the CM pursue termination of the contract, which he does, then making another motion recognizing the reallocation of funds following that action.
We all have some notion of what terminated contract or agreement is, but since we're dealing with legal terms let's look at if the legal definition gives us a more concrete idea of the term, from the following two respected sources, here and here.
Legally then, when a contract is terminated as it was by both parties in terms found in Article 12 of the CSA, it effectively ceases to have any effect on either parties once any terms are complete, as it was here by the mutual consent to terminate the CSA.
This becomes incredibly significant when we find that in late 2023 and all the way into spring of 2024, the only action the city council takes in regard to the deer cull is to first have one of their committees create a deer cull plan on 9-11-2023:
Six weeks later, no deer cull plan was created by the committee, but the issue came back before the council on 10-23-2023 and passed a very simple motion after a lot of discussion:
Nothing else beyond this was done. They approved a deer cull without even having a plan, but even worse, not having ANY CONTRACT with the USDA or anybody else. The 2022 CSA was terminated, it had no legal authority anymore. Their discussion that day indicated they felt that they were still under terms of the terminated three-year contract, but that was a fallacy:
I've fed into the misinformation myself, calling the 2024 deer cull death squad 'contracted killers', when they weren't contracted at all, despite what we were told. Could there have been an 'administrative contract' inked without council approval? Nope, our city charter section 13.1 indicates "The power to authorize the making of purchases, contracts, and leases on behalf of the City is vested in the Council". In my comprehensive deer cull FOIAs, no new CSA has ever been produced, nor has the city council introduced any new CSA after 2022.
The lack of having a contract between the USDA and the City of Ludington for a service that violates multiple state and local laws illustrates a tremendous lack of due diligence on both parties. Under what authority or purpose did the City close that park at certain entrances and ignore other entrances that are regularly used? Without a contract, why was someone almost shot in broad daylight at a public park by federal agents, adjacent to a cemetery, on the night of March 12th and city police present went after the victim, not the lawbreakers from afar discharging weapons dangerously in a public park whose 78 acres obviously wasn't properly secured?
The lack of a contract for a blatantly unlawful and dangerous activity taking place in a public park will go far not only in my defense against manufactured charges, but also in my own future pursuits against city officials who almost killed me.
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Excellent research X. I have been wondering exactly who the hunters were. Were they licensed to provide this type of service? Who hired them? Was there any type of liability insurance or performance bond posted? There are a lot of questions that need to be answered. Was there a kick back to City politicians? Is there a money trail? Smells fishy to me. Maybe the City hired Iranian assassins from Afghanistan who illegally entered thru Obama's/Biden's/Kamala's open borders and they used the deer cull for practice on their way to eliminate Trump. Wouldn't surprise me at all.
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