Ludington Daily News Reporter Kevin Branisceski: Lost in Translation

After catching the E-edition earlier today, I thought my appearance at City Hall on Monday night (6-25-2012), otherwise known as the Midsummer Night's Massacre of the FOIA, was reported without his usual factual errors and biases.  But then I looked at today's paper and read the full story, and sure enough, Kevin is back to his old self, making a mockery of journalistic principles.  I don't know why he loves to do story upon story about me without any concern for facts, but I may be biased as well that's why I ask for the help of the Ludington Torchers of all stripes.  Because there was three parts to this meeting as concerns me which I remember a bit different than what Kevin transcribed for his award-winning newspaper.

Part 1:  The tax rates:

 

Part 2:  The Marina FOIA Appeal

 

Part 3:  The Baby Kate Records Appeal

 

Part 4:  The Actual Discussions

Pardon the hair and the sound quality.  I need a haircut.  I talk for under 4 minutes on the first part starting at about 6:50 in, I talk for about 5 minutes (before my mike is cut out from under me by the mayor) for part 2 at the 30:15 point.  Then at 44:30 in I begin my part 3 discussion on Baby Kate records for 5 minutes.  The deliberations are really quite astounding when you see FOIA as a pro-disclosure statute that actually needs to be followed. 

See whether Mr. Branisceski's summary of the proceedings is a valid translation, and please comment as to why or why not.

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I'm sorry but It is difficult for me to compare the LDN article, your comments at Council and comments in the topic and come up with a rational thought. So let's see if I understand this. What you are saying is that since property values went down, the Headlee amendment should be allowed to self adjust the taxes downward to match the property value decreases but the Council has been stepping in and raising the rates contrary to what Headlee has decreed. Is that correct or am I confused on what is going on? The LDN article is talking about a rise in property values and the difference between a rise in value and rate of inflation, both are concerned with an increase not a decrease as you have stated. Am I on the right track? If I am then the LDN did not state your position on the tax issue as you presented it.

Regarding the cameras at the marina. It is amazing that they did not grant you an extension to finish your comments but I guess that would be expected. The Chief could not be more wrong in his decision. If the system lacks a complete survey of the area that's not your fault and can't be a reason to deny a FOIA. That's the fault of the City. With that argument they can purposely keep a portion of the marina out of view in order to sneak under the FOIA requirements.

As far as Ms. Courtland is concerned, I'm leaning toward keeping her records from being viewed at this time due to the fact that this is still an  active investigation and I agree that her relation to the case can affect the outcome of the investigation and if for some reason the investigation gets screwed up because information was prematurely released, the City could be open to a lawsuit.

By the way, you don't need a haircut. If I still had a head of hair like that I would be showing it off every chance I had

You got the point on the taxes, and even though the LDN's blurb on the Headlee is essentially correct, it doesn't refute the facts of what the City Council did.  And those raises in 2009, 2010 and 2011 are still bringing in extra money this year, because the millage rates would be a bit lower.  Instead of using truth in taxation hearings for a purpose they were never envisioned to be used for, they should put these millages up for public vote. 

 

BTW, as far as the marina is concerned, very little coverage of the marina is done by the cameras, and Mayor Henderson blocked my further comments, because he probably knew where I was going with it.  Two threads on the marina, the uncensored topics, and the censored topics, are in the making.

 

As regards the Ariel Courtland records, the case may be harder to make; but just earlier today, I got a FOIA back regarding the records of a 'bit player' in the Baby Kate case, and received a blanket denial.  Barnett, Mr. Frontier Justice,  said no records are going to be available and he means it.  Laws be damned.

Thanks for the hair note.  This time of year it gets half bleached, dry, and fly-away, but I should count my blessings.  With the temperatures, it definitely needs cutting though or my noggin will overheat.

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