Stirring Up a Hornet's Nest at the Ludington City Council

[XLFD]

To stir up a hornet's nest is a colloquial term that means to provoke the attack of a
swarm of spiteful enemies or spirited critics.  That seems to have happened at the Ludington City Council tonight when I opened my mouth during the public comments section at tonight's Ludington City Council meeting. 

After the usual opening amenities, the Council opened the floor to public discussion.  The first to talk was a Ludington lady that complained about the overuse of fireworks around the City.  She had some good points, saying that fireworks in her neighborhood were being used at all times of the night, they were extremely (M-80) loud, and she had some damage to her door from a stray bit of fireworks.  She asked for some assistance from the council, noting that she had nothing against the usual enjoyment of fireworks done safely and during regular hours.

I commiserated with her plight, as there are folks who are shooting these things up in the middle of the night, but worried that the City Council would do the usual overreaching that it seems to be known for over the last few years.  For example, if they decide to make some ordinance regulating the discharge of fireworks, they must set aside exceptions as per law MCL 28.457  

But then came my turn, I strode up to the podium, and pulled few punches:

 

"My name is Tom Rotta, I live at 137 E Dowland Street, in the historic Ludington southside waterfront district.

At the last meeting, I was denied any public information regarding what has been called the Baby Kate case, and I expect us to once again be denied such records. It is not because I think the FOIA disallows the records to be shown; no; it is because the Ludington City Council does not take their responsibility seriously to provide records that should be made available to the public on request and abide by the FOIA.

Us two appellees currently have a FOIA lawsuit in the Circuit Court with the City that we started back in October 2011. In September, the FOIA Coordinator for Ludington would not reply in a manner consistent with the FOIA to a request. When it came time to appeal that denial to the City Council, they waived that responsibility, and offered no explanation as to why they did so. They later claimed we abandoned the request, an opinion not supported by any facts. This led us appealing to Circuit Court for this information. By the way, the only thing we asked for was the business records between the City and current City Councilor Nick Tykoski, and his company.

The law firm Gockerman, Wilson, Saylor and Hesslin came forth to defend the City's withholding of these records. This firm gets $185/ hour for special projects, paid by the Ludington taxpayer. Their position was to not only defend the City's unlawful withholding of the information from the public, but to counterattack with a slew of legal allegations against the two citizens seeking information to share with the rest of the public. They did a good job of it too, holding me for a 2hr. and 41 minute deposition with no breaks offered over nothing in particular, at the same time sending to my E-mail a letter saying that their objective that day was to make one of us cry.

 

But since my helper had a valid motion to stop such harassment, they began to file more harassing motions during the course of this civil action, and in early March we found out why. Honorable Judge Cooper of the 51st Circuit Court was the father of an associate in the City's law firm, who had been officially representing the City for over four months.

But the ethical lapses didn't end there, the City Manager and FOIA Coordinator John Shay filed with the court an affidavit in February saying a set of records fulfilled the request we had made. But he had left out about a dozen that we knew of, and about a dozen more, when we pointed out his oversight. Since he had signed many of the documents he originally left out; he had willfully committed perjury. Of course, the records also show a variety of ethical laws being breeched by Councilor Nick and our Community Development Director. Shame on you all.

But this is just the surface of this case, and when it is finished, I hope that honest members of City Hall, if they do exist, will come forth and root out the corruption that has set in to our town's government."

 

At the end of the meeting, Mayor Henderson would defend John Shay's honor by saying that he was a fellow of unimpeachable character (consider the source) and defend the police's handling of the Baby Kate case.  But before that, my glutes had barely hit my seat, when the Fire Chief, Jerry Funk, came forward and noted that even though I was wearing a 'Ludington Fire Department' shirt, I in no way represented the LFD.  This sounded like a broken record since he told his old boss for many years, the Ludington Daily News the same thing after the last meeting, and they printed it next to my picture:

I have been off the Ludington Fire Department when I resigned due to Chief Barnett's unethical actions, and not representing it since October 2008.  But in April 2009 I rose again, like a phoenix, to be reborn as a local internet goofball named XLFD, and have remained that to this day.  Still, I have a bunch of Ludington Fire Department shirts, and served the City loyally for eight years as a firefighter, and have been serving it even more loyally as an X-LFD. 

I can wear my shirts proudly and without shame, except a feeling of shame for the two LFD members who have served dishonorably in their current public service outside the LFD. Chief Funk, who is a truly great firefighter and chief, just so happens to also be the father-in-law of Mayor Henderson, and a fierce loyalist to his superiors.  I fully understand that.

 

The glares from the various officials, the words from those I fought fires with in the past, the votes that denied me any records regarding Dan Ruba's involvement in the Baby Kate case that occurred later, just went further to show me that Ludington City Government is not a republic form of government based on laws instead of people, it is quite the reverse. 

How else can you explain me going over a half dozen court precedents that stated that blanket denials of investigative records are not allowed by Michigan FOIA, City Attorney Dick Wilson saying that some of Dan Ruba's records should be released, and then get a 7-0 vote for backing the FOIA Coordinator's decision to deny me all the records of this bit player?

[Willy]

X

I think a major objection you should raise  is the fact that your partner was not allowed to have someone speak in her behalf. You should have questioned the Mayor as to what ordinance, law, statute or rule that prohibits someone from speaking as a proxy if they are requested to do so. I think the Mayor was way off base. What if someone is unable to read or is blind, deaf or mute. In my opinion this was a blatant violation of her rights and I hope you challenge it. As far as the Fire Chief goes I don't have much respect for him. He even gave you a dirty look as he walked back to his seat. From the number of people present at the meeting I can see why Ludington has the elected officials it does and why they act with impunity. 

Regarding the release of information regarding the Baby Kate case, I think your fight is with the prosecutor and not City  Hall because unless he gives permission the police cannot release any of the information gathered. Keep up the good work.

[XLFD]

Willy,

Perhaps you are following me on Facebook as well, but the prosecutor looks to be the correct avenue to go up against on this, as the Ludington City Attorney Dick Wilson looks to use Prosecutor Paul as his Bible for legal decisions. 

I could have rattled off the ten court precedents that I had in my arsenal that showed you can't issue blanket denials for investigative records as well as point to the Zimmerman-Martin case down in Florida, and Wilson would still say "Well, Paul Spaniola says..." and that would be accepted as gospel to the twelve other apostles in the benches at City Hall.  As has been proven over and over again, there is little respect for the law in that bunch.

The unilateral rules CA Wilson laid out for my appeals the previous meeting was this:  "Your two FOIA appeals are docketed for Monday's City Council meeting. As the appellant, you will be permitted to address City Council on each appeal for 5 minutes when they are called. This will occur outside of the normal public comment period. You will confine your remarks/arguments to the issues raised in the appeals. If you have other matters not relating to the appeals you wish to bring to Council's attention, you may do so in the public comment period of the agenda.

After you have completed your remarks, members of the City Council will deliberate and may ask questions of you or others present before making a final decision. Only Council members will be permitted to join in this deliberation unless a member asks for input from someone not on the Council."

I was a bit upset with Mayor Henderson for his decision to put her on the spot.  He knew from previous experience that Toni had a learning disability (dyslexia) which would prevent her from reading any prepared statement.  I just hope his attempt to embarass her, and prevent our full statement from being entered into the record, winds up changing some minds of people who think he's a fair politician.  Like the Fire Chief and Nick Tykoski, he is great at fighting fires, but bad when it comes to politics.

[XLFD]

I added the video from the library to the thread head, so one can make up their own minds about the process-- and the processors.  One added note, after Fire Chief Funk made his statement, Toni afterward told me she wanted to go up there and tell them about my distinguished service on that department for 8 years, and my exemplary behaviors since.  I would have turned redder than my shirt in embarassment if she had.

[AQUAMAN]

Bravo for the "good guys"!  Not many left these DAYS!

[XLFD]

Aquaman, you are obviously channelling Patrick Henry today. 

After accusing the City Manager of perjury, the City Attorney of impropriety, and Councilor Tykoski of various law violations, all of which are backed by documents and/or been paraded here, on your Ludington Torch, the Daily News chose the following headline:  "Mayor, Police Chief Commend City Public Servants" . 

Gosh, Fireman/Mayor Henderson commends the Police Department, while Police Chief Barnett commends the Fire Department.  This might actually amount to news if there had ever been some schism between the two departments, or Henderson and Barnett, but that hasn't been an issue.  Don't get me wrong, I'm glad the COLDNews left me out of the headline, they obliterated enough of the facts in the body of that report by Patti Klevorn, wife of the failed Ludington Talks originator.

[Willy]

X. No I don't get on Facebook. The main reason is they keep track of your internet activity even when your not logged onto their site by using spyware. As far as the FOIA, it seems only logical that the office that controls the information should be the target of a FOIA. I again have to say that I admire your conviction to stand up to these City Hall bullies.

[XLFD]

I'm hoping for it to have a snowball effect on other good citizens who are paying attention to things, which is a pretty optimistic outlook when you're sweltering through 90 degree plus days, LOL.

[AQUAMAN]

I like the part where King Henderson states we should look into our own souls, where ethics are concerned with the City Manager. And that he, Shay, is the most ethical person the Mayor knows and has ever known. PURE BS! is what I say. If indeed Shay even has a soul anymore, we should be looking into his, not ours. Methinks that Shay's soul was empty upon arrival here to begin with, which was a great part in his charisma with the Mayor to get that $130K year salaried appointment to start with, and achieve the wants of the regime, irregardless of ethics and morals. I guess we could just look at a nearly 3 hour thrashing of a local by the city attorneys, at the behest of Shay and Henderson, aka as a deposition, and over what, FOIA denials and postponements. Sick........I am also very disappointed with Chief Funk's input at the meeting, swift and flawless in ax grinding against one of his own ex-employees/volunteers for over 8 years, obviously, another crony for the city regime to be proud of. I just lost all respect for him too, sadly.

[XLFD]

It was the hardest thing to do not ROFLMAO when John E. Henderson said that about John Shay.  Regrettably, I listed a few misdeeds of the public officials which are shown by the records, but instead of any concern for the victims, me, all citizens, or Toni, each of the officials chose to heap praise on each other and ignore the stated problems.  What clearer proof do you need that they are out of touch? 

Well, check out the newspaper article Klevorn wrote that didn't even bother to get the facts straight, with the video.  This is hack journalism on par with Kevin Brascizeski.  But it proves the point, and more people are learning the truth about that everyday.

[In Dulci Jubilo]

Speaking of Funk.....my husband and I were sitting in front of the public restrooms at the Loomis launch on July 4th, awaiting the fireworks display.   We were chatting with a couple from Wyoming, MI, and he was the fire chief of that fair city.  Funk came over and said hello to them, and they obviously knew each other.   The Wyoming gentleman stated to Funk, "Boy, you all have had some really high profile cases up here this past year, like that Baby Kate case.   Even from down where we are, it's obvious that something just doesn't add up in that case.   I bet there's a whole lot more to that story, right."   He looks up at Funk, who is standing to his left.   Funk just stared straight ahead, and didn't say a thing.   The Wyoming man sat looking at him for a sec, apparently awaiting some type of response.   When he did not receive one, he awkwardly kind of just looked away.   It was pretty funny.

[XLFD]

If Chief Funk only had to deal with matters dealing with the Ludington Fire Department, he would be awesome, unfortunately as the Fire Chief he also must deal with the politics of that position.  His close links to the mayor, the COLD News, and other local powers has made him part of that clique, and lost him any sense of objectivity in these matters.