Solidarity Ludington City Council Style: 12-3-2012 Meeting

[XLFD]

It was a rather uneventful night down at the Ludington City Council this Monday, they reappointed some members to the Downtown Ludington Board and Planning Commission, raised the pay rate for the Clerk and Treasurer (having already raised everyone else's at the last meeting with the budget's passage), pushed the trash contract to the next meeting, and conducted the usual business.  They also held an unscheduled closed session to discuss the pending Open Meetings Act lawsuit after most business had occurred, and reappointed the City Manager with glowing praise.

Councilor Wanda Marrison started the accolades, saying:  "I would like to commend John for running the City as a business, as it is, and he does a tremendous job of it.  Thank you very much."   To which I say:  "Councilor Marrison, public bodies are not businesses.  They should not be out there looking for profits, looking out for their own self-interests, and trying to run real, competing businesses out of work.  They cannot keep the 'shareholders' from seeing any of their relevant documents nor attending their meetings, nor should they be not making any major decisions without input from them.

Furthermore, John Shay's business acumen is very questionable just on the water tower and tank issues already raised, and all the other competitive bidding processes he has avoided to saddle the City's residents with a lot of extra debt.  Shay has directed more money away from the real business of running a city on several unnecessary pet projects such as the marina transient docks and the aforementioned tower painting.

Mayor John Henderson chimed in later:  "John, you've done a great job.  You continue to do an outstanding job performing the duties of the City Manager here as we continue to work effectively at operating our facility and our City.  You've done a good job of leading that and we do appreciate that.  It's with pleasure I move ahead with this appointment."

I am getting the impression that they think he has done a good, outstanding, and tremendous job at leading the City as a business from these two officials, however, there is no substance in their accolades.  If you throw out all the political non-speech what do you have left?  Two flapping mouths saying nothing.  But Councilor Gary Castonia had some more to say.

"I would also like to say he's done an outstanding job.  If people only knew what he had to put up with all year-- and that's not just the FOIA requests-- that's everything he's had to put up with.  It's been a long year for him and he's just done an outstanding job.  I can't figure us having any other City Manager." 

Until that last sentence was uttered, I thought he was talking about me!  Give Shay two more "outstanding" adjectives in his performance, and the only specific thing he was commended on (handling FOIA requests) he has actually handled terribly as far as his duty to do so.

This, however, is viewed as 'outstanding' for the City of Ludington, because they thrive on secrecy.  Which is no better displayed than conducting their second closed session to discuss an Open Meetings Act violation that many reasonable people would find hard to deny, and the lawsuit comes with no penalties other than court costs and attorney fees.  Which means that the longer they deliberate on a reasonable conclusion to it, the more it costs us all in the long run.

Frankly, I have to agree with the councilors.  He has done an outstanding job.  It stands out as being noticeably, repeatedly corrupt.  And why do the councilors and mayor decide that his job deserves commendation?  Because most, if not all, are part of the problem, as my own legal issues with the City attest.

The City Councilors, under the City Manager's and Attorney's wings, passed the Workplace Safety Policy, and later explicitly approved of its use on me by John Shay the next day for punishment of my prying into the irregular official business of the City.  They then tacitly approved it by not revoking the policy since, putting any citizen at risk.

The City Councilors and Mayor, after all,denied Toni and I the right to appeal a FOIA request in front of them, which lead to a FOIA suit that we stand a fair chance of winning big time at, where the City Manager has perjured himself, and the City Attorneys have repeatedly violated the attorney's code of professional ethics, already.  This could all have been avoided with a fair tribunal of our complaint before them, instead of them abrogating that responsibility.

The City Councilors did not raise any red flags when the nearly $100,000 of sewer work was done back in 2011, without any mention in any Open Meeting, totally under the radar of anyone who didn't conduct "fishing expeditions" with FOIA requests (Councilor Kaye Holman's terminology).  All seven of the Councilors involved along with the two City managers and mayor should have known there were problems with conducting such votes outside of an Open Meeting.   That they didn't even flinch, shows that this has likely been the way they conduct other business.

I can also verify that the times I have went to the city council to say my piece whether as part of the public comment, public hearing, or a FOIA appeal, I and Toni have been treated with a noted lack of respect.  I have also been subjected to a time limit that the mayor does not impose on anyone else.  I have yet to have my appeal concerns vetted by councilors.  The videos reflect that.

John Shay is more of an instrument of the City Council, rather than vice versa, and his continued favor in their eyes actually speaks volumes about the council's own characters.  That they are solidly behind each other even when they both are operating against transparency, openness, and constitutional rights of their citizens should interest us all, and make us hold them accountable.  I am, and so did the other two citizens who talked at the front of the meeting.  The only time we are able to.

[Willy]

Mr. Castonia's comment is very telling. "I would also like to say he's done an outstanding job.  If people only knew what he had to put up with all year-- and that's not just the FOIA requests-- that's everything he's had to put up with". Putting up with FOIA requests? Really? isn't that his job and to say that doing his job and doling out information to the public is considered "putting up" with the people he is supposed to serve. Mr. Castonia hit the nail on the head when he said "If people only knew". He's right, if the people only knew why Shay, the Council and Mayor are operating under the cloak of secrecy and consistently denying  FOIA information? Why don't you tell us Mr. Castonia?  I have to admire you X because you have an uphill battle dealing with Neanderthals like Ludingtons Council and Mayor. These people are running loose like an unleashed mad dog who bites anyones attempt to restrain them from engaging in bad behavior. Love the Shady Bunch collage.

[XLFD]

I carried on the analogy with the Brady Bunch by putting it in the photo section with a theme song for the Shay-dy Bunch sung to the same tune as "The Brady Bunch" theme.  Thanks for reinforcing the impressions I am getting from a lot more people nowadays, Willy.

[Morningstar]

Omg, they look like they're ready to die when they have to ask for public comments with you there!!!! I loved it. I have never attended a meeting there. Looks like one big ol ass kissin contest to me.

[XLFD]

It was probably the worst bit of self-congratulatory behaviour I have seen in a while conducted by the councilors.  I have a theory that when they don't stack their own ringers into the public comment section to get some positive input, they need to compensate themselves by talking each other up. 

[XLFD]

Thank you, Al, for the words of encouragement, and the boost to my journalistic ego. 

Focusing mainly on the local reminds me of this parable, condensed for short attention spans:

"I must ask, then, why are you throwing starfish into the ocean?" asked the somewhat startled wise man.

To this, the young man replied, "The sun is up and the tide is going out. If I don't throw them in, they'll die."

Upon hearing this, the wise man commented, "But, young man, do you not realize that there are miles and miles of beach and there are starfish all along every mile? You can't possibly make a difference!"

At this, the young man bent down, picked up yet another starfish, and threw it into the ocean. As it met the water, he said, "It made a difference for that one."

 

[AQUAMAN]

And so we again witness another scenario of the fixed and warped agenda by the CC/Mayor. Yuuup, Willy made a great point on the Shyster Shay, what specifically has he done that is NOT in the realm of expectations of a City Mgr.? Oh yeah, I know, that of being the steadfast guardian of secrets and unfair bidding contracts that seem to never end....per the Mayor's guidance and requests no doubt. DENY all FOIA's by the public. I could also ask how Castonia/Marrison have such expertise in personnel matters? How many people have they hired/fired/supervised in their life careers? NONE! As chairman of the Personnel Cmte. Wanda, why are you lost, unprepared, mumbling into the microphone, until Deb Luskin has to save you with your "prepared statement"? Are you really in charge and don't have any idea what you are doing up there? After several years on the CC? Sad and inept at best. Just another crony is all I see. I didn't hear anyone address the painting of Danaher against the paint instructions to do so at higher temps. and dew points, and that contractor is a professional? I learned that sad lesson many years ago painting, and won't repeat it at the cost of blistering and peeling paint that didn't set up properly. X and I both noticed this last fall and made the same observations. Then we have another fiasco about to happen with the trash collector contract, with 17 other bidders in close proximity, we must have a Muskegon outfit get the contract. How does that keep jobs and revenues in town where the expenditures belong without doubt? I say something is going on beneath the surface there, has to be, and this only encourages another FOIA request as to what they are hiding there now. And last but not least, we again witness that sameo psycho stare that permeates the face of Shay, along with the time reminder of shutting X's public comments down by Johnnie Boy! For just once, couldn't he at least say maybe we can extend your comments, what did you have in mind? Or sure, why not, we're not that busy with many other comments tonight? Guess not, the only answer Johnnie gives is a resounding NO! The voice being condescending and firm. Yes X, do keep up the fine work, and American traditions in keeping with transparency and honor, cause if you don't, you know these mad dogs run with the money and deceit every time. This along with almost any other session of council puts it right in our face over and over, irregardless of ethics, shameful and disgusting imo. Not one city council member ever votes ney, ever notice that, not ever. They quite handily have their fixed players in place for the fixed agenda, and if that isn't fixed politics, I wonder what is.

[Jane]

Can't wait until a new mayor gets voted in, hopefully it will be an ethical and honest man or woman not another 'good ol' bully's club cadet'

[Willy]

Tom Rotta for Mayor.

[XLFD]

I hear he's not interested at this time. 

Can you imagine how many closed sessions coming up that he would have to sit out?   

[XLFD]

Aquaman, I admire your rhetoric, but let me correct an assertion for the record.  The City Council always has voted 'no' on FOIA appeals brought before them, irregardless of the facts of the matter. 

And ease up on John Shay, he's had quite a year-- Councilor Castonia says so.  Furthermore, ease up on Mayor Henderson; he's had a bad fall so far, with the major rejection of his plan on making Ludington stronger by the electorate.  I should be happy with 5 minutes for speaking, since he won't get 5 terms for ruling. 

[Willy]

This is a long video explaining the differences between a "strong mayor" city government and a "manager" style of city government. It makes a few good points but they do not touch on the most glaring negative regarding a "manager" type of government. That negative is the fact that there are no checks or balances to keep the council or mayor under control. A council and mayor that rule as one with the help of a manager has nothing to keep them from making bad policies, over taxing, excessive spending or even to oversee what is or is not considered decisions that are not in the public interest. I'm sure X will have a few choice words regarding this video.

[XLFD]

I originally started listening to this video in the background as I was working on other things, but I just had to take a look at it after a while.  Here's my few words that Willy predicted: 

1) The video was produced by the Michigan Local Government Management Association (MLGMA) which is a group made up solely of City managers, like our own John Shay, who was (and may still be) the director of their ethics department. 

2)  The weaselly looking guy from Wayne State, who one would probably assume teaches these 'professionals' made a statement about Cities in financial receivership all being ones that do not employ City Managers.  This is such a crock of crap; here's the chart from 2011 at this link: 

Shows that nearly all financially stressed cities have City managers, and 2 of the 7 in a Financial Emergency are. 

3)  At around 14:00 in they begin to talk about conflict between the Mayor and Council as if it is a bad thing.  It can be, but it can also be a good thing, because the conflict allows the public to hear what is being planned, get involved and voice their backing of what they want done.

4)  At 18:40 in they try to alleviate the fear of paying these professionals, by giving a lot of smarmy reasons why the costs are about the same and of all the money saved from the improved efficiency.  Balderdash.

5)  At 21:00 in the weasel from WSU gives this advice to those planning on switching from a CM to a strong mayor government:  "Don't".  He may be out of a job.

Mayors and councilors, of which there was plenty in this video, love the CM form of government, because they are able to duck accountability, and the administrative issues that the public wants in their governments.  No member of John Q. Public was interviewed here saying what a great thing it was to have a CM appointed at their expense to run their city, so that their elected officials could avoid the responsibilities of their office.