Ludington City Council 4-22-2013: Red Eyes at Mourning, Sailor Take Warning

[XLFD]

The city council  meeting this week had little of note planned beyond the consideration of three ordinances, and some approval of summertime activities.  A consultant from Consumer's Energy and the Boji Group did show up and request the city pass the typical resolution for the State's planned data center set to go in near the Pumped Storage Project, and the mayor dutifully agreeing to do so at the next meeting. 

The meeting became interesting thanks to a public comment made by the usual suspect, fresh from picking up a mayoral nominating petition the previous business day.  He waived the typical introduction of himself that most candidates for office perform as a matter of ritual, instead going into some meat and potato topics of the three "O"s:  the ordinances, the open meeting act, and officer (LPD) Aaron Sailor.  Following the video is the transcript of the man's speech, Mayor Henderson's rebuttal (properly annotated), and the COLDNews review (in context).  Further comment and court records on Sailor's history will follow, as well as a review of City Attorney Wilson's comments in future threads.

(3:15 in)  "My domicile is 137 E Dowland, I'm Tom Rotta.   The three ordinances to be discussed tonight, one for the first reading, all provide previously ungranted rights to merchants, at the expense of the rights of everyone else.  Merchants will now be able to crowd out our downtown right of way, making the sidewalks potentially a five foot wide maze with pedestrians weaving between sidewalks and bump-outs, instead of the reasonable passage they have now.  Likewise, merchants will be able to crowd people out of our parks by selling alcoholic beverages within fenced in areas of those parks. 

Will the privileges afforded to a few, counterbalance the inconveniences and disenfranchisements of the many?  Likely not, but the City Council as of late has shown a proclivity to bend to the privileged few of this town.  And overlook the actions of its officials.

At the last regular meeting, this city council went into closed session under section 8e of the open meetings act to "consult with its attorney regarding trial or settlement strategy in connection with specific pending litigation"  They specified this was based on the lawsuit of Burns (a citizen) vs. Sailor (a Ludington police officer). 

In the suit which alleges assault and battery by Officer Sailor, as well as violations of plaintiff's rights under the color of law, we find that the City was never a defendant in this case, and the City council never made a decision to assist the defendant in this case.  So why was our City Council going into a closed session to consult with Officer Sailor's attorney about this case, why did John Shay attend a mediation session representing Officer Sailor, and why would such a consultation have a possible detrimental financial effect on the City-- who was not a party to this suit?

Therefore, the City violated the Open Meetings Act by providing Officer Sailor legal representation without the deliberations and decisions of that choice taking place at an open meeting of the City Council, and then violated the OMA once again by going into closed session unlawfully when the consultation would not have a detrimental financial effect on the litigating or settlement position of a public body, as 8e necessitates, since it never was a party to the suit and never committed to aiding the officer. 

Compounding the problem is that they came out of this closed session and voted to follow the attorney's advice, whatever it was.  Court records show that facilitative mediation had reached a settlement between Burns and Sailor, and that the court acknowledged that on April 15, and dismissed the case with prejudice.  The settlement, whatever it was, was apparently approved by the vote after the closed session, but how are we to know with our current secret-keeping city hall?  The Ludington City Council has a duty to the citizens they supposedly serve to tell us what the vote was for that night and how they settled this lawsuit. 

And you know a good reason why?  It’s because the police officer in this case has a colorful history of brutality on the job, and violating the rights of innocent people. 

Like Police Chief Mark Barnett, Officer Sailor came out of Oakland Community College, and got on the police force of the City of Pontiac.  While on the Pontiac force, he was taken into the Federal Court system twice by common citizens with charges very similar to what Ms. Burns attested to.

In August 2003, [papers] Rookie Pontiac Officer Sailor admitted to striking several innocent people with his closed fist and his footlong flashlight, people that he perceived were not threatening him at the time.  The case was settled out of court at great expense to the taxpayers.

In February 2006, [papers] the federal court magistrate's report stated Pontiac Police Officer Sailor along with another policeman choked, beat, struck with a sap, and threw into a wall an unresisting, drunk man who had committed no crime.  They further slammed an innocent woman's head into a dryer and lead both underclothed and handcuffed out into the February air.  The case was settled out of court at the expense of the taxpayers.

In February 2012, [papers] LPD officer Sailor busted into a Ludington citizen's house without displaying a warrant, and then allegedly pushed an innocent woman in that house onto the floor, injuring her greatly.  The case was settled out of court, at an unknown expense to the taxpayers.

If Aaron Sailor wasn't a policeman, he would have just suffered, in under ten years, his third strike in the category of assault and battery.  In Ludington, however, our Chief of police praised him being a hero just last month here for helping to subdue Lowell Fetters and I can only regret that I can't unclap."

I had one more sentence, but was curtly cut off by Mayor Henderson at five minutes, it would have been:  " For public safety measures, the City of Ludington needs to drop this officer and his potential for future liability to us all, and the danger he presents to the innocent citizens of this town."  

 

I think most of you will agree once I show those court records.  But did anyone show any sort of interest in the past actions of someone who goes out into our community 40 hours a week and dispenses justice in a manner inconsistent with established social norms?  Mayor Henderson showed his usual lack of concern for one of his own city officers being accused of impropriety, attacking the message and the messenger:

(36:45 in) Mayor Henderson:  "Earlier we had a citizen stand up in public comment and really, in my opinion, poorly address one of our officers... [someone had to] and Mark I know that you'll hear about that [Chief Mark must have seen this already on Sailor's records coming onto the LPD.  It says volumes that he hired him given the prior conduct of Officer Sailor].  Officer Sailor has done a wonderful job for us [the undisputed allegations against him by innocent bystanders notwithstanding].  These type of things come up and go down [like Officer Sailor's flashlight on non-threatening citizens of Pontiac], and the particulars of this lawsuit we can deal with in a future thing [any future thing will ignore the particulars, much as the City has ignored FOIA law about this already] but the accusations of that and the carrying on is.. I don't think is fair for him, it's a poor characteristic [characterization] of him; it's not right, he's not here to defend himself [bring him next council meeting, allow me some time, and I'll cross examine him on the three federal lawsuits.  How can you get more fair than that?]. 

But someone has the right to stand up and say what they want [not in Ludington, see related topics on our own freedom of speech queller:  the Workplace Safety Policy], and not give another person the right to defend themselves.  This is just making a poor choice to attack somebody [tell THAT to Officer Sailor], so if you would (to Police Chief Barnett) you know, you honored him, he deserved that honor, nobody should try to take that from him, and if you would pass that on to him or have him stop by my residence, I'd be sure to square that up with him. [...but don't have that injured Burns lady come by, she's such a killjoy]"

 

The City of Ludington Daily News (COLDNews) Patsi Klevorn came out with an interesting report the next day on page two.  She had fewer mistakes than usual, but here was the article followed by the usual critique.

 

Paragraph two could be better written by saying that "Rotta (didn't City Councilor Gary Castonia chide me two meetings ago for being disrespectful to City Manager John Shay for only using his last name in a reference to him?  Yes he did.) is known for inquiring into the affairs of local governments, redressing the actions of public officials through court processes when necessary,for winning such a law suit involving the Open Meetings Act, and bringing issues to the public forefront at city council meetings after being arbitrarily banished from that venue for fourteen months." 

In paragraph three, I must remind Patsi that I have already joined the three other residents who have taken out petitions for mayor; this fact is not contingent on whether I turn in that petition.  She then is okay until paragraph 7, where I was 'complaining' about the OMA and honoring Sailor.  She mentions but includes no direct reference to Sailor's legal complaints in other areas (but doesn't mention his local complaint).  Pretty shoddy, when she could have easily researched the previous lawsuits with her resources, and check out my concerns.  Elitist as always, Patsi rubs salt in the wounds of the victorious plaintiff in the federal lawsuit by repeating Mayor Henderson's praise of Sailor's wonderful job (of entering a house uninvited, without displaying a warrant when asked, and then pushing an innocent bystander down to the ground, injuring her). 

 

This is your Mayor and your local newspaper, unashamedly idolizing errant public officials while ignoring the common citizens of this town

[Willy]

Well said X. You are correct. If this was Sailor's first "run in with the law" we probably wouldn't be giving this much attention but three times and each time there was a settlement.

[AQUAMAN]

Hulk, try basing your opinion on what the legal eagles and the police forces themselves say is critical to any situation, that of being a "habitual offender". If the shoe fits Sailor, maybe, just maybe, even if he's LE and took oaths against what he himself has done, over and over again, maybe, just maybe, "he's the one that needs correctional help". Try being objective once in your life, you may wake up happy, and sober to life, instead of beating a drum of ignorance and no-blame on everyone that's supposed to be perfect in the eye of public service. Saints don't exist on earth, we are all human. Over-stepping the bounds of legal authority, seems to be his hobby, and un-nobley so, as per the legal record clearly and undeniably reflects. Okey-dokey?

[XLFD]

If Sailor wasn't on the right team, he would be serving time in prison right now for serial thuggery inflicted on seven innocent people as seen in today's new thread:  http://ludingtoncitizen.ning.com/forum/topics/the-errant-assailer-o...

 

[Hulk]

I have read all your opinions, but like I have said, a lot of people can report law suits and none of us know the real story about any of the events that happened with Officer Sailor, so I dont see how we can jump to conclusions and say he should be in prison.  When things are settled in court it would think the people are happy with the payoff they get and they feel they win.  If these three "victims" really had something happened to them they would fight for more right?  Once again, I cant judge him because I dont know the full story.

But I am interested in where our possible mayor is employed at so i can have all the rumors cleared up.

[Willy]

Hulk for someone who chastises others for jumping to conclusions, you sure take a few leaps now and then yourself. You stated" If these three "victims" really had something happened to them they would fight for more right? " You seem to be jumping right along with the rest of us.

[XLFD]

Unfortunately, Hulk, when you go after someone in a civil proceeding, there is a 'payoff' aspect since that (plus possible injunctive and declarative relief) is what civil proceedings do. 

Overcoming the protections of a policeman's qualified immunity and other protections to get some sort of criminal charge is more difficult, and rarely worth the bother except for the most egregious of cases.  Injuries requiring hospitalization ensued all of these three incidents (seven victims), but none of them resulted in permanent disability or death.  The best result would be to recommend desk duty or another job for an officer who cannot abide by the rules and becomes a liability, I would think. 

Hulk, you apparently think strapping a gun, supplying him with flashlights and billy clubs, and a giving him a mandate to use force when it is unnecessary to do so, is the way to go.  I know it is useless to have you actually get into specifics on just about anything, other than putting forth a bogus record about myself and calling court records and Sailor's own words 'opinions', but it does seem awfully disingenuous of you.

[easymoney]

Could Hulk be a relative? Or someone who would witness the law doing some thing wrong and being like a lot of people, not say a thing for fear of retribution?

Some one has to stand up, this time its XLFD

[AQUAMAN]

Hulk the Hacker is a fair and accurate term from these and many other posts in the past. Cast your aspersions and doubt where they belong, in this case, it's Officer Sailor that's in question, not Torch members here trying to find answers to this lawsuit. If Officer Sailor wants to come to this forum and explain, he is more than welcome to, or post on his facebook page. We've seen these type of officers in actions before, Rodney King case is the worst that comes to mind. If concerned citizens don't question and correct these types, who will? If the public doesn't question and start legal actions, who will? We've seen some other local suits settled for pennies on the dollar too, just because citizens didn't want a long dragged out affair in their lives to never end. Hulk ascribes to the types that would live in fear for their lives, shut up, sit down, and just live with the consequences. I'm glad some locals have the guts to do what's right, if the circumstances present themselves with this type of officer. Is Sailor still on active duty? Is so why? He should at least be on suspension, without pay imho. Or better yet, if the Chief was more pro-citizen than protecting someone he knows has a history of this, then let him go look for work elsewhere. I think the Chief enjoys and relishes a crew of misfits like this, or at least that is what he is portraying in this case.

[XLFD]

Sailor is still patrolling the Fourth Ward, when he is not going over to the mayor's house to 'square things up'. 

As has been noted, Chief Barnett needs only to answer to the unelected City Manager John Shay in his unelected post; so if you are looking for kindred spirits with bashing the citizens, these two folks who can do some action regarding Sailor, are as big of fans as Mayor John Henderson. 

[Hulk]

Tom, why wont you answer my question about your place of employment.  As a city resident, i would like to know where you work and how you are an actual asset to the city.  If you dont want people jumping to conclusions then answer the question.  You always want answers about everyone in this city and you now want to be in a paid position of the city.  What would you change about the city if you won?  I also am just confused why you avoid the place of employment question as well.

Then you come on and just say immature things such as, going over to the mayors house to square things up.  Because he had 1 apparent BS lawsuit against him in Ludington?  I am sure when you "volunteered" for the LFD you never messed up or ever have been falsely accused of anything in your life.

[XLFD]

Hulk, just as I believe very strongly in the right of the public to know (just about) every facet of what happens with our public agencies, public employees, and public money, I also believe very strongly in the right of a private individual to have a semblance of privacy in their own lives. 

I will never tell anyone that I don't know and trust about what I do, how much I make, and many other things I consider private information, that could be used against me.  I have made some powerful enemies just reporting the facts, enemies that may utilize such information to their own ends-- and may have already.  

Even if I wallowed in an opium den all day engaged in sexual excesses when I wasn't torturing dogs and old people, I do believe I offer the community a valuable service by providing this very forum you're posting in, and posting in it regularly about a variety of topics from the perspective of someone outside the limited vantage points proffered by our so-called civic leaders and the local newspaper that walks in step with them.  

Unlike the paper and our leaders, however, I try to present honest facts and analysis, while keeping it entertaining, not the unpalatable, cold pablum they offer.

You really should check the other thread I linked to earlier.  Helen of Troy's beauty may have launched a thousand ships, but Aaron Sailor's brutality has launched three federal lawsuits, the first two of which he admitted to seriously brutalizing six non-threatening plaintiffs guiltless of any crime.  How many other times has he been protected by his blue shield?  How many times in the future will he abuse his authority?  One can only guess on those topics. 

[Hulk]

So what happened in this Officer Sailor case?  Since Tom says hes still working, why is that?  Is there stuff about this lawsuit we dont know about?  Not all of us are like Tom and have to know every little story that happens in this town and question every decision. He should try living in a bigger city and try all these circus acts he tries in Ludington.  He needs to find a better hobby.