Weighing and Waiting

[Eve Alone]

On behalf of the Ludington Torch and the people who are concerned about Baby Kate, I made the following FOIA request:

 

Sent: Sunday, November 20, 2011 4:32 PM
To: John Shay
Subject: FOIA request: Recent LPD resignations/terminations

The Ludington Daily News recently posted a notice for a police officer for the Ludington Police Department in the Help Wanted section.

Under provisions of the Michigan Freedom of Information Act (MCLA 15.231 et seq; MSA 4.1801 (1) et seq) I am requesting, preferably in electronic records sent to this E-Mail address, or failing that, to personally inspect the following public records:

Any recent (since October 1, 2001) letters of resignation, letters of reassignment, termination notices, and the like of LPD law enforcement officers. Include any relevant E-mails or other records that affirm or confirm the above records.

This is to be used for the passing of such information to the general public (media purposes), and not for personal gain...

 

And the usual qualifications.  I was sent the following reply Tuesday (my personal info redacted):

 

From: John Shay [e-mail]
Sent: Tuesday, November 29, 2011 11:56 AM
Subject: RE: FOIA request: Recent LPD resignations/terminations

Dear Ms. XXXX:

I have attached the City of Ludington ’s response to your FOIA request.

John Shay
City Manager

 

Included was this usual form letter:  2011 10-29 BK LPD, which denied them due to a particular exemption the FOIA permits.  But this exemption is conditional, so today I contested that exemption.

 

You have claimed that the records are exempt from disclosure due to them falling within the exemption of MCL 15.243 (1s-ix), namely :
"1) A public body may exempt from disclosure as a public record under this act any of the following: (s) Unless the public interest in disclosure outweighs the public interest in nondisclosure in the particular instance, public records of a law enforcement agency, the release of which would do any of the following: ( ix) Disclose personnel records of law enforcement agency."

I put forth the assertion that the public interest in disclosure outweighs the public interest in non-disclosure in this case. In case you have been sheltered from the controversy, there is a lot of unrest about the Ludington Police Department's handling of the Baby Kate case. This is not confined to just the Ludington Torch which is a mostly non-speculative media outlet, but to many citizens and people outside the community who are voicing their dissent primarily on multiple sites on Facebook and other media outlets.

Of recent vintage on those sites, they have speculated that the recent advertising for the LPD officer in the local paper is due to either the resignation of an officer dissatisfied with the Baby Kate investigation, the firing of someone who did not tow the line, or just an officer who moved on to be a police officer in another area due to the opportunity.

I put forth that granting this information, particularly if it is akin to the last reason presented, is in the public's interest of disclosure to quash the "rumors" that are currently tainting the reputation of this town and its peace officers to people throughout the country. Please weigh these factors, and respond with any redactions consistent with the Act."

 

Will the public interest of disclosure tip the balance of the public interest of non-disclosure?  I think if the LPD and the City Hall officials who oversee their operation were professionally conducting this investigation properly, it would.  But City Manager(?!) John Shay, whether he is officially acting in his capacity or not, will now make that call.

 

[Lisa O'Brien]

 In my conspiracy mind - I doubt if an officer is going to end his employment in these tough economical times because he's dissatisfied with the way a case has been handled. I also doubt that if an officer resigned because he found employment else where that the city would have a problem with that. So we are left with the firing of an officer because he will not tow the line. Purely speculative on my behalf. God I love a good conspiracy theory...

[XLFD]

And we may get some more of that here.  The LPD has sent out its detectives as far away as Grand Rapids to investigate a few of the people dissatisfied with the LPD's handling of this case, and voicing it on the web.  Their motives for doing so were shaky, and some of their tactics were strongarm intimidation and threatening, in my opinion.  Within days of that, the LPD advertises for a new LEO. 

Ludington officials threatening and intimidating someone who speaks their mind on the web, where have I heard of that before, LOL.

I doubt John Shay will change his mind or give further explanation, and that of course will lead to further speculation and rumors of why he doesn't.  Wouldn't be the first time he shot himself in the foot, and he's not even carrying heat.

[Angela]

Officer Matt York - (young guy with blond hair) found another job downstate - he has been trying for yrs to get a job down there (family) so that is why there was a posting.  What one should be asking is why do they (LPD and MCSO) only post some jobs (not all) when they come available.  I know for a fact that there are new LPD officers and new C/O's at the jail and those jobs never had postings in the LDN.  (sorry I have been MIA - in nursing school and its been crazy!!! almost time for Christmas break so I have some free time)

[XLFD]

That's the information I heard along the grapevine, Angela, but I always like to confirm it through my favorite proxy.  And when we get shut out by a conditional exemption without a reason why, we respectfully ask for more. 

Your point about the lack of posting in local sources is a good one though. 

I think the answer to that is similar to the answer one gets when they ask how the City hires for seasonal help out at the Municipal Marina or for many other jobs.  If no relatives of city workers want the job, hire someone from downstate.

[Angela]

I know what u mean, Officer York told me this himself last time a saw him about a month ago.......but I know and see your point :)

[Willy]

Good luck eve.

[AQUAMAN]

Lisa, I'd prefer you use the word inquisitive or intuitive mind, not conspiracy mind. The best guess left is "the public doesn't have a need or right to know" mindset. Therefore, you could easily dismiss the 2nd and 3rd items, and return to the cover-up of a disgruntled officer imo. FOIAs's are becoming an increasingly scarce item to behold these days for some unknown reasons. Any number of X reasons could be entertained. Oh, was that a pun? Too bad Ludington takes a punch on this at Facebook these days though. Any links to those other outlets of news Eve? Thanks.

[AQUAMAN]

Though I only met Offcr. Yorky twice, I say good riddens to him. He was not a friendly helpful nor courteous officer in his line of duties, and had a chip on his shoulder when we talked briefly. Big City types we don't need, as I inferred to him on at least one occasion.

[XLFD]

The Facebook link I like is and should be able to direct you to others is The Dark Side of Baby Kate. 

I agree with Aquaman on the semantics he mentions about conspiracy.  In general, conspiracists will develop a theory and defend it against almost all contradicting data, whereas just curious people may develop a premise on existing data and let extra data take them where it may.  If I grab a snake's tail I presume if I follow it up I will get to a snake's head, but I won't be convinced until I see the slits in its eyes.

There are a couple of anecdotes circulating that York was a 'bit uptight' and not as 'user friendly' as most people would want from a LEO, so you could be right.

[Marty Redman]

My better half actually checks into and contributes into those Katebook sites.  I've noticed there biassed towards one theory or another and see a lot of infighting when someone bucks the administrators outlook.  I think its good they keep the story alive but I think they may be CaseyAnthony-ing Ariel(?) too much. 

From all I've heard the LPD can't crack a knuckle no less a case like this.  I hope the AG of MI can get involved in checking it out.  Thats what I agree with.