City Council Meeting 9-24-2012: Psycho Stares, Crocodile Tears, and the Usual

[XLFD]

It was a rather eventful night at the Ludington City Council on 9-24-2012.  The usual opening occurred followed by the public comment period.  Bob Hannah, whose name is composed of two palindromes, started off (2:30 into the video, below) by venting that I like to spend  the taxpayers money, he then stated I haven't paid off a judgment to John Shay from this last lawsuit, which is pretty difficult when the judgment won by the City (not Mr. Shay) hasn't even been given to me yet from the court.  He then states my current lawsuit will cost the City between $50,000 - $100,000 (apparently, he has a crystal ball to see my victory and my judgment-- yet he does not comment on why I would win what he later calls a frivolous lawsuit). 

He continues defining my lawsuit as part of a vendetta against the City, which again presumes the City has wronged me, as such is the nature of vendettas.  Bob continues with noting that even now I do not stop at stop signs on my bicycle, a fact, and yet I still maintain as long as I follow the rules of the right of way, I am within the laws of Michigan.  He finishes:  "If he has the money to hire a lawyer for a frivolous lawsuit, then he has enough to pay the full amount of FOIA."  

Pretty profound coming from a City of Ludington loyalist.  I found out later, Bob is a current member of the Ludington Fire Department, Mayor Henderson's and Councilor Tykoski's fellow firefighter, who joined two months after I resigned.  He's where he's at from my bicycle riding, ironically enough.

Attorney Jeff Nellis then spoke about his candidacy for Probate Judge.  As most judicial candidates, he had to comment on bland stuff like his experience and family life.  My favorite, C. Dale Bannon, then spoke about how difficult it has been to get the City/MDOT to change the signs referring to Stearn's Park as "City Park".  Then it was my turn at the 7:00 mark:

"At the end of last meeting of this austere body, the City Manager commented on the local circuit

court finding in favor of the City for nearly $700 and dismissing two citizens' FOIA appeal. Until I

see a final judgment from that court, I won't comment on that aspect. But what he didn't bother to

tell you was the particulars of that lawsuit and what happened to get two citizens to that point. Here is a timeline and some facts, and the City has their opportunity at the end of the meeting for their rebuttal, if they deem to do so.

On September 7, 2011 we made a FOIA request asking for business records between the City and

Nick Tykoski's businesses. Six days later, John Shay gave a response that did not comply with

FOIA rules. He did not grant the request, deny the request, partially grant and deny the request, or

postpone the request. As such he violated the act.

After trying to get a lawful response from him again, we appealed to this body. The mayor sent a

certified letter to my ally inviting her to the meeting on September 27, 2011, but a request by me to also attend that meeting was denied by John Shay. You see, in his capacity as City Manager he has that right under the Workplace Safety Policy, a constitutionally illegal policy that will cost the City Manager (and unfortunately, our City's taxpayers) a lot of time and money to revoke and address injuries that it caused.

We sent our appeal rationale to each councilor, but neither of us showed up at the meeting, where

our FOIA appeal was taken off the agenda, never to be considered by this Council. The council

shirked their responsibility to hold a FOIA appeal. This was not surprising from the same City

Council that decided it had the right to bar citizens from public places at a City Manager's whim,

including the only two Ludington public places that citizens could inspect FOIA responses.

After this outrage, we pursued a FOIA in the local court system. Here we were assigned Honorable

Judge Richard Cooper, who effectively blocked us from getting any response until after that

November's election, which was significant because we eventually received some records that were

unfavorable to those concerned with ethics by now-councilor Nick Tykoski. But ethics were far

from any public servants minds as we found out throughout our court process.

The City's law firm, Gockerman, Wilson, Saylor, etc. came forth on November 8th as the City's

counsel. Little did the plaintiffs know that this lawfirm also had Judge Cooper's son as an associate

until four months later when the Judge admitted it as an appearance of impropriety. Judges, court

administrators, and the City's lawfirm had a responsibility to admit such impropriety immediately by

the Canons of Judicial Conduct and the Rules of Professional Conduct, but it took them over four

months. We immediately disqualified the judge, and sent a complaint to the Michigan Judicial Tenure Commission.

During this time, we (and the court) received from the City, certified by the City Manager with an

affidavit, a set of public records that supposedly fulfilled our FOIA request. This was four months

into the process, and the records included only ones that we received through two previous

requests, the vast majority were not even applicable to our request under appeal, and said our lawsuit was moot. We knew from previous requests, there were many records not included. We made special requests for those records we knew of.

Amazingly, after City Attorney Saylor and City Manager Shay had seen these new FOIA requests,

they found the records we asked for a half year previously and and some more records that they had withheld, what they would say they 'overlooked'. This is why they would later also claim our lawsuit was moot, even after they perjured themselves and would not get us the full records until 6 months after we asked for them. The new judge, also on the 51st Circuit Court, agreed with them. So although we spent $210 on Court costs, received fraudulent records and perjured statements, and wasted countless hours trying to go through the legal hoops to get this 30 pages of non-exempt

public records we should have been given a year ago, our side is told our point is moot and we owe

the City money for other records we have never seen. You can conclude what you might about the

court processes here in Mason County, I know how we feel about it..."

That's where I was cut off, having expended my five minutes plus about a half minute.  Next days City of Ludington Daily News' (COLDNews) Kevin Barnishevowicz had this to say about my assertions:  "Rotta spoke for five minutes about the lawsuit he filed against the City and lost."   The 'news' that the Chief of the LFD said the usual disclaimer about my LFD shirt just after my speech merited more than twice the coverage by the COLDNews.  By the way, a loss in a local seemingly-dysfunctional trial court is just a setback, not a loss.  In my book of justice.

 

Speaking of which, Jeff Nellis, Probate Judge candidate, snuck out shortly after this without comment about my judicial references.  But I did promise you some other things:

 

Psycho Stares 

 

While City Attorney Richard Wilson was droning on about how everyone who attended the closed session was aware of what was going to be discussed at the closed meeting on 8-27-2012, (and neglecting to note that the Open Meetings Act requires that general information to be shared with those not attending from the public, before they move to go into closed session) John Shay began fixing his gaze at me.  It was a bit unsettling, particularly since I think he has done quite a bit to justify me taking out a "Letter of Trespass" on him, notwithstanding the four counts in my lawsuit that apply to him.

 

 

Take a look at John Shay's gaze as Wilson lulls you in the background, starting at 42:45 and extending all the way to 45:15, (two and a half minutes) focussing on the podium area, where I was perched at that time in case a question was asked of me regarding my FOIA appeal.  Off-camera, I myself was generally focused on Wilson, who was the only person talking, but I could not help but notice this fixed gaze, which would make a normal person feel nervous. 

 

Particularly, if that normal person had the MCSO serve the fixed-starer a Federal Court suit earlier that day, and even more particularly when one realizes that this man has ultimate control over the Ludington Police Department, and has utilized them against this normal person before.  They all carry guns; I don't.

 

Crocodile Tears

 

At 49:00 in, Gary Castonia says:  "When I first ran for office I knew I would be scrutinized and I'd be held accountable for any statements I made.  But the only way I can say this now is by quoting Mr. Rotta, I'm absolutely disgusted that you dragged my family, my grandson (breaks down), and my wife, and her business into this.  And I want the whole city to know how you treat people.  And the last comment I want to make is:  People who live in glass houses shouldn't throw rocks." 

 

The rock-lobber strikes again, according to Gary.  He refers to this thread  karma-castonia  which relates court news placed out by the Mason County Press and the COLDNews, and I believe that 'glass house' comment should be reviewed by the senior Castonia.  During his long career as a law officer, I am sure he bagged his share of marijuana-possessors, and thought he was doing society a favor.  Now that his grandson is nabbed, and the irony of the situation is pointed out, he goes into pitied victim-mode. 

But this isn't why he won't get any sympathy from me for his theatrics, because I do think it is a tragedy that his grandson may now find himself with this charge plaguing him through his career.  What he will get is these questions:  Where was your empathy, Gary, when you passed the Workplace Safety Policy and effectively criminalized me in the eyes of my fellow citizens with the COLDNews when I hadn't done anything?  Why don't you have any empathy towards the emotional distress you have helped caused in others by your reluctance to do anything about this unconstitutional legislation?  And why is re-publishing factual information about this event in the Torch any worse than those other news groups doing the same, and why am I being held accountable for raising real concerns regarding kids that may have been exposed to illegal drugs at your wife's daycare facility?

Because, remember, the reason you said you voted against the Ludington MM ordinance was because you thought the Federal government drug policy was dominant, which made such possession illegal, no exceptions.  Do you honestly feel the same way now that it's your own flesh and blood, possessing it for non-medicinal purposes, getting the rap?  

 

Yes, there were other things that happened this night, including some weird accusations made by LFD personnel off-camera, but if time permits I will cover those later.  The quest for justice, freedom, and information goes on... 

[Jane]

Maybe the reason it has taken so long for the eye to start a site is that they don't want to be able to be traced back by a credit card statement to who they really are and a good free platform is no longer available since NING went pay to play.

Also, I wonder if the creators of that site plan to use the COL's own documentation and records through FOIA to provide counter points to the claims made here. Or even use outside documentation from the www to create counter claims to many of the essays that are posted in these threads.

Sadly in reading and watching the news we see that what the COL is doing is basically the same as our state & federal government are doing. It starts and is supported by the 'elites' or whatever you want to call the business people supporting local gov't and then is works it's way up to federal levels.

I think eye doesn't realize that what we try to show here is how screwed up the government is, it wouldn't matter if it is Shay/Henderson or Smith/Jones, the names can change but if the behavior stays the same then the next batch of COL people are open to the same research and criticisms.

I think EOL(eye) thinks it is all some personal game, but in our world it is the COL or the CO-Wherever(wherever we may live nationwide) trying to abrogate the Constitution, withhold public information, practice nepotism and so on that is wrong and needs to be brought to light.I guess I need to read the site vision/mission statement instead of interjecting my own opinions but this is what i see it as.

This is much worse on the state and federal levels and we could spend all our time focusing there but to do so would take to much time and also to affect change things need to start at the very lowest levels of government.

Our city governments need to be cleaned up and made to realize the importance of integrity in government, the importance to taking an oath to uphold the Constitution of the USA as well as the Charter of the city they work for and only then if just one city government can be cleaned up can we move on to other city governments and keep trudging forward with cleaning up government at higher levels.

My impressions of what people with the view of EOL seem to believe is that the goal of this site is a nitpicking of certain city officials when it is really a picking of any city officials who don't follow and believe in the oath of office and those who would prefer to obstruct the public from obtaining information that should be readily available to us.

The country is really screwed and if we can't bring to the public the truth of what is happening right here in our little town then what can we do to save this country from the downward spiral it seems to be taking, we have to start local and work up to national.

It does not matter if it is Castonia or Shay or whoever, they could be replaced in the next election and that new person  will be researched and analyzed and shown to be of their true nature here on the torch. I only wish we had COL councilors who we could write about how wonderful they re in their openness and how they truly represent the people in there neighborhoods(the way things were intended when this country was founded) instead of having to report on these councilors as we have been and show that their intentions are not pure of heart.

The COL we have to today remind me of a teenaged boy and girl going on a date. The girl(public) is looking for love and honesty and openness and wants to cuddle and snuggle and have a true love and the boy plays along until he gets what he wants and says "I love You" to get sex and then the girl is left in tears the next day when he doesn't call. Why can't we have a COL councilors who are like the girl instead of the boy. Who want to be free and open instead of deceitful and dishonest.

Our world is doomed if we are unable to get governments who want to work for the people instead of their own goals. Our country from here to D.C. needs Altruistic leaders not selfish career politicians.

[Willy]

Well said Jane. Love the spelling.

[AQUAMAN]

Well said Masonco and Jane.

[XLFD]

Jane is new to this site, but she does pack a wallop of common sense.  I like her challenge to the EyE to go into the voluminous threads we have on here by me and others about the problems that are out there which have nothing to do with a private citizen who is seeking information when something just doesn't seem right.  Information that belongs to the public. 

I and a few on-line friends created and helped grow the Torch since 2009, but we didn't start the fire. 

It was always burning
Since the world's been turning
We didn't start the fire
No, we didn't light it
But we tried to fight it

[Eye On Ludington]

masonco, please show me which accusation that you would like me to provide facts for and I will be more than happy to respond with an explanation.

And remember that the Torch needs to be as responsible as I am to avoid slander or defamation of character, as well as follow NING rules.

 

Thank You so much for your intersest in my posts and in my website. It is much apprecated.

[Eye On Ludington]

Jane, FYI (means For Your Information) my site is a NING site (for now).

Thank you for your interest in me.

[AQUAMAN]

Why don't we try this glass EyE on for size to see how it fits: how could X have possibly "premeditated the facts and actions" of Shay and the COL in their workplace safety policy and obstructions of FOIA laws in his recent Federal lawsuit against the COL for undue duress, pain, humiliation, defamation, and mental anguish? Try to prove with actual facts, and objectivity. Thanks for your interests in the Torchers, freedom fighters for Ludville.

[XLFD]

If I can presage something like that 3 or 4 years ago, how come I still can't even figure out why a LPD officer would stop me for a stop sign violation on my bicycle, or why Chief Barnett would violate confidentiality to spread misinformation about it four years later? 

[masonco]

EYE

How can I put this I AM NOT INTERESTED IN YOUR WEBSITE, because I know it will be biased and that you are part of John and Heathers gang. (word used deliberately)

EYE AND CLFD

I READ YOUR POSTS TO SEE IF THERE IS ANYTHING I CAN CONTACT MY LAWYER ABOUT FOR DEFAMATION OF CHARACTER since you are so biased and part of the gang wishing to destroy those who belong to Torch. 

Just another heads up...I hope you are using city computers or even the library computers since your posts can be tracked by NING as to where your posts originated from and who was on the computer at that time.

[XLFD]

Masonco,

Forgive them, they know not what they do.  Or they do, but they just don't see any wickedness in it.

[Eye On Ludington]

XLFD, Forgive us for what? For daring to ask questions and form opinions about some of the stuff that is posted on this site?

[XLFD]

Opinions are fairly useless when not supported by facts or experimentation.  But as my T-shirt says:  "Ignorance is not a crime: you're free to leave."   Continue doing whatever it is that you do.

Thank you for your interest in me.

LOL.