At the beginning of this month, I related the tale of my run in with the Mayor and his wife while riding my bicycle in Ludington Mayor Rolls Out the Welcome Wagon.  In the comments afterwards, I also told of finding a business card from a Ludington police officer on my domicile the next day with a clear message on it, and a request to talk to me by phone:  LPD Warning Shot

 

Now my lawyer and I have an ongoing legal dialog with the City as regards to certain violations of my rights since 2008, and other violations of laws and ethics by certain officials.  After I found the card with its implications, I contacted my attorney via E-mail on Sunday, July 3rd, and linked him to my above thread to get the story.  Bless his soul, he checked his E-mail early on Independence Day, and shot back his own reply to the Sergeant, which I surrender to you without you even having to file a FOIA request to get it from the City Manager.

warning.letter.Officer.Wietrzykowski%5B1%5D.pdf

 

Expecting some sort of media counter-attack on my motives or character through their vessel of choice, The Ludington Daily News, I waited a couple of weeks to share this with fellow Torchers as I do today.  Such a reaction by them, of course, would only have helped illustrate my legal points, and assist my case. 

 

Congratulations, City Hallers, on not further defaming me in my hometown newspaper as you famously have done twice.  However, City Manager John Shay has still not replied at all to my June 13, 2011 E-mail dealing with continued violations of the Open Meetings Act, and the blatant violation of my Fifth Amendment rights by the Workplace Safety Policy drafted by tax-dodging Manistee City Attorney Richard Wilson.  Here is what that E-mail said (again provided without having to pay John Shay's illegal FOIA fees):

 

"Earlier this year, you responded to a FOIA request (by my confederate) to view the DDA minutes as soon as they became available, by saying that they would be posted on the City website when they have been approved at the next DDA meeting.  Well, the DDA will have had meetings in March, April, May and now June, and yet there is only the DDA minutes at the City website up through February on the website (EDITOR'S NOTE:  As of this writing, 7-22-11, they have it up to April only). 

As this public board seems to have some real accountability problems and ethical challenges, I would hope that you keep to your word, and have the minutes available as per the Open Meetings Act {MCL 15.629(3), "A public body shall make proposed minutes available for public inspection within 8 business days after the meeting to which the minutes refer. The public body shall make approved minutes available for public inspection within 5 business days after the meeting at which the minutes are approved by the public body."  Since you only post approved minutes on your City website, please obey Ms. Swiger's previous FOIA request of seeing the proposed minutes within 8 business days after each monthly meeting.
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The fifth amendment to the Constitution says that "No person shall be... deprived of life, liberty, or property, without due process of law." 
 
Under your letter of trespass, my liberty of being able to set foot on public property (to whit, the City Hall and Police Department) was denied, and yet my due process amounted to me being served the Letter without having any offense, real or imagined, leveled against me.  In your one-sided newspaper article three days later, you mentioned me making numerous FOIA requests, and having run a stop sign three years earlier.  You failed to mention I was on my bicycle and the stop sign was illegally placed as well as not being backed by a traffic control order, but those are technicalities from your vantage point, I'm sure.  
 
So as a citizen, and as a candidate for the At-large City Councilor position, I beseech you to retract this onerous restraint on my liberties, and allow me the ability to use the city services and participate in the Open Meetings held at these places at my pleasure, as all other law-abiding citizens are able to do."
 

 

                                                    Ludington City Manager John Shay

 


No direct or indirect response, even after my attorney's letter.  Is this the behavior we want of our civic leaders, to take away rights, to restrict the ability of a candidate to run his campaign, and to have no accountability or conscience as to explain why he is violating the public trust he has been granted?

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thanks for the update. Glad your lawyer is on top of this.
Unfortunately, there are not a whole lot of attorneys who are like mine.  Barrister Bostic specializes in cases dealing with public corruption, helping those that go up against corrupt entities; entities who have many resources to battle both him and his clients.  This is difficult to do over time, but he will tell you there is a lot of this stuff out there, and he doesn't get any rest from it.  As such, he has a full docket of cases, and I'm privileged to be one of them.
XLFD
Your doing the right thing but watch your back. These people can go off the deep end if pushed.

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