Ludington City Council/ Scottville City Clowncil October 24, 2022: October Surprises

[XLFD]

The two cities in Mason County, Ludington and Scottville, had their legislators gather in their respective city halls a half hour apart for their regular meetings.  Ludington councilors had a light and uncontroversial-looking agenda, so this reporter looked to spend enough time to add a salient comment to the mix then motor about nine miles east to take in Scottville's full meeting at which a closed session was being held that was of great interest to the Ludington Torch.

Fortunately, Ludington also records their meetings and simulcasts them on their Facebook website, so that they can also be reviewed afterwards and a full recap can be produced.  

Ludington

The agenda packet showed only three action items this evening, the approval of an excessive force policy, approval of a non-discrimination policy on basis of handicap, and the appointment of Stacy Cocke to the DDA Board.  The two policies that were both approved unanimously mirrored Ludington policies already in effect, the reason they were being passed is that they added 'federal' language that those existing local policies lacked.

The first person to comment this evening would ask the council to table decisions on these policies, because he was on the understanding that their passage presaged the potential passing of two marijuana ordinances scheduled to come before council in November.  Mayor candidate Mark Barnett, former police chief who came out strongly against marijuana issues in the past, threatened a citizen referendum to thwart what he apparently thinks is the inevitability that the council would approve marijuana dispensaries.  He would echo his sentiments about a referendum at the end, after the council would spend some time rehashing discussions they held before they created a marijuana ad hoc committee to consider drafting a marijuana ordinance or two.  

Back in June, Barnett stated the marijuana dispensary question would not be a campaign issue, he apparently has changed his mind, taking this stand two weeks before the election; incumbent Mayor Steve Miller has indicated through past actions that he is favorable towards dispensaries.  The two are so close on meaningless rhetoric that this is perhaps one of the few issues that distinguish them from each other.  

One other speaker, Tristen Moore, addressed an issue she had as a short-term rental provider in that she wasn't notified when police were called about an issue with a tenant.  Between those two speakers, I spoke out about the USDA deer cull approved at the last meeting and offered some observations:

XLFD: (7:50 in)  "When four of you voted to spend $58,500 on a deer cull contract with the USDA short on many particulars, you likely thought that the issue was done with, but in many ways, the hunt has just begun.  I was at the October 17 board meeting of our school district, where they added the approval of the cull taking place on school property at the last minute, surprising the board and the public since the issue was not looked at in their committee meetings held the prior week.  They would unanimously approve the cull taking place in the school forest with the contingency that the City provides as-yet-unprovided liability insurance for the event scheduled to happen within the school year.

Mark Twain famously said:  "In the first place God made idiots. This was for practice. Then He made School Boards."  This quote is still fresh since the board's own bylaws expressly states in section 7465 that 'no hunting is permitted in the school forest'.  Culling deer with firearms is hunting.    The district also requires liability insurance for at least $1 million for such activities with the district named as additionally insured, it should be noted that this isn't in our contract with the USDA, even for the City.  If that isn't clear enough, other bylaws expressly prohibit firearms and other dangerous weapons on school property and does not exempt snipers hired by the USDA for killing deer from this prohibition. 

As Terry Grams noted at the last meeting, we are now contracted to spend city money on a program that effectively culls deer outside of our jurisdiction and in addition, we are doing so without passing any kind of contract with the LASD and/or PM Township to protect either of our interests and offer any kind of liability coverage for what is a very dangerous undertaking and apparently in violation of district policy.  Article 7, section 28 of the state's constitution indicates such contracts should be created whenever two jurisdictions such as a municipality and a school district assume "the joint administration of any of the functions or powers which each would have the power to perform separately, share the costs and responsibilities of functions and services with one another or with the state or with any combination thereof which each would have the power to perform separately; transfer functions or responsibilities to one another or any combination thereof upon the consent of each unit involved."

This discussion of liability, legality, and jurisdiction should have taken place before any contract with the USDA was considered, not afterwards.  You still have the option to terminate this agreement; know that 300 deer have been harvested by bowhunters in Mason County since two weeks ago which equates to 20 deer killed per township.  That's making a difference."

The last paragraph was never uttered since three minutes came quickly, but Mitch Foster would address some of my assertions 38 minutes into the meeting.  He stated that the 'cullers' were licensed law enforcement personnel duly authorized (the contract doesn't even imply that), he said that there is a distinction between a deer cull with rifles and hunting with rifles (couldn't find anything on the interweb distinguishing the two), and that the school district has agreed to accept the USDA's tort information as proper insurance coverage (this didn't happen at the board meeting!  Administrators can't make this decision).   These assertions will be duly researched and disproved before their next meeting in three weeks.

I missed that, leaving about 13 minutes into the meeting, driving within the speed limit to get to Scottville and arriving in their city hall while they were saying the pledge of allegiance.  

Scottville

Conspicuously absent was Commissioner Rob Alway which I looked at as potentially a good omen since the last item of business was the commission entering into a closed session to discuss settlement terms I offered them for a lawsuit I served on the city and 5 officials back in August 2021.  Alway's ego seems greater than his common sense, so I figured his absence may have been a sign that he wasn't willing to consider settling or offering a ridiculous counteroffer (like had happened before).  

Reports came from various city personnel these noted:

- 3 applicants were being considered for the newly created DDA manager position

- a 51 y.o. applicant for police chief withdrew citing the difficulty of moving away from family

- Johnson Road complaints were discussed, road commission help was solicited to help grade it

- the outgoing city attorney in absentia gave updates on potential charter changes, reducing some misdemeanors to civil infractions

- Assessor Greg Barnett was working hard on balancing the assessment rolls

- the finance committee discussed RFPs for the Optimist Hall project.

The Scottville agenda packet showed they were planning on appointing a new 'city attorney' by hiring the law firm of Mika Meyers over another unnamed attorney/firm.  The council had been given packets showing both offers, where Mika Meyers offered a much higher price than another out of Nunica, the Curcio Law Firm.  There's a good reason they didn't show the public the competing bids, according to the LDN in Tuesday's paper:

At the meeting, no city official addressed why they would choose a $325/hour shyster with questionable city attorney experience over a $185/hour one with lots of municipal attorney experience.  That's over 75% more and is going to be a good reason why the city will continue to suffer, because they totally ignore what competitive bidding entails.

A letter of understanding (in packet) was presented and passed dealing with managing the construction of Optimist Park with a $3000 charge for the project duration with 4% of construction costs in addition.  A 'blight ordinance' was given its first reading, but wasn't actually read, nor was it in the packet or explained at all during the meeting. 

Jabrocki Excavating gave the citizens of Scottville an early Christmas gift by offering their snow plowing services for the same costs as last year despite the high inflation gripping the nation; their contract was eagerly renewed.  Then came the closed session.

As noted in this announcement made just after the meeting, the commission's six members would accept the terms of the settlement 25 minutes later and make this humble reporter several thousand dollars richer.  Unfortunately, settlement terms will not guarantee that the City of Scottville will embrace the spirit of the Open Meetings Act and FOIA laws made for transparency, but it does remind them that they can and will be punished if they continue to follow the road taking them away from those ideals.  

As they proved this night with their continued violation of the city charter shutting down the public's voice and in choosing to keep the public in the dark in going forward with their actions.  Moments after accepting the terms of the settlement, Mayor Marcy Spencer announced the public comment period was reached.  I raised my hand, was recognized and spoke my piece.  Mind you, I fully expected the commissioners to quibble and authorize a counteroffer (likely against the advice of their attorney) to my proposal, so I focused more on what the commission was doing wrong this evening, rather than address their action coming out of the closed session.  

XLFD:  "Allow me to lead off with the inarguable notice that this public body is in violation of the city charter established and voted on by the citizens of Scottville delineating the procedure for holding meetings.  A procedure by definition is a series of actions conducted in a certain order; the city charter mandates the citizens will be heard before the business of the meeting is conducted.  This clowncil has unlawfully and deliberately chosen to disenfranchise the citizens of Scottville from having a voice on public policy before this body makes that policy.

When this public body acts so boldly in snubbing one law they find inconvenient, one can guarantee that they will do the same with other inconvenient laws.  When you brazenly defy the city charter, you are no longer a member of the Scottville City Commission, you are a joke, but the worst thing is that city charter you actively violate gives you a lot of power to do incredible damage to Scottville citizens. 

The current city administration continues down a path against transparency by offering a first reading of an ordinance for blight penalties without providing the public with that ordinance and sharing the two proposals for city attorney services with clowncilors but not the public.  The City is paying out over $5000 to the outgoing city attorney for his last monthly bill, an amount that eclipses the yearly bill that former City Attorney Tracy Thompson used to charge the city for services less than a decade ago.  Yet, the public is intentionally kept from comparing the two proposals and intentionally kept from offering any input before this clowncil decides who to hire with the public footing the bill without knowing whether this body is following its own policy of competitive bidding.  And why should they?  They have shown they will not be hindered by rules." [END comment]

The lawsuit alleging multiple violations of the OMA and FOIA may be effectively over, but the pursuit of transparency and accountability in Scottville will continue unabated because Clowntown's government will never improve if they are not seriously challenged when they choose the wrong paths and act without the will, advice, and consent of the Scottville people.