Murphy's Lawlessness

[XLFD]

Twelve days ago, I visited Scottville City Hall to inspect the three resumes of the three city manager candidates, details of my contentious visit was described here.  Summarized, I was given a fee sheet saying $16.50 was owed with no itemization of those charges.  I asked for justification, whether other news agencies had paid that amount to inspect them, and why the Freedom of Information Act (FOIA) Coordinator said I owed nothing earlier that day. I was eventually allowed to view the records, but they insisted on taking the fee sheet prepared for me.  I asked for a copy of that public record, and was told by Police Chief/Acting City Manager Matt Murphy that he wasn't going to give me it, and that I could make a FOIA request to get a copy. 

He had a gun at his hip, authority in his position, and back-up readily available.  So I took his advice, left the field, and made a FOIA request that weekend-- because that's what I do.  I asked for:  "The one page record created on or before April 9, 2021 showing the City of Scottville charging $16.50  for my (Tom Rotta) inspection of ten pages of records at Scottville City Hall dealing with applications of city managers".  I sent a copy to Chief Murphy's two official email addresses, so there would be no doubt about what was requested.

I can swear and vouch that the paper I held in my hand for ten minutes or so was real enough.  If she testified truthfully, SPD Officer Katrina Skinner spent about three minutes trying to coax that paper from my hands, bargaining with the records they wouldn't show me before I would do so.  Clerk Kelse Lester and Treasurer Kathy Shafer were other eyewitnesses I debated with while holding the page and pointing out what it said.  All were still hanging around when Chief Murphy came in and wouldn't allow me to have the page back, or a copy of it, even when I offered ten cents for it, which is the maximum amount they can accept.

So imagine my surprise when I received a response to that request nine days later telling me simply:  

"Your FOIA request below has been Denied. A public record does not exist under the name given or by another name reasonably known by the FOIA Coordinator."

I was told by Chief Murphy, serving as city manager, that I could get this one page record by making a FOIA request.  He lied; he did worse than that, he destroyed or intentionally lost a public record.  

By FOIA, a 'public record' is "a writing prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function, from the time it is created."  The document was definitely prepared by a city official and in Chief Murphy's possession the business day before I requested it.  He indicated he would retain possession of it so that my FOIA request would work to get it.  So he destroyed it or otherwise got rid of it.  I responded rather quickly after this response, incensed that such a crime would be committed by the police chief, writing back:

"Bad-Acting City Manager Matt Murphy told me I could get this document by going through the FOIA process after I had possession of the requested record for a few minutes at Scottville City Hall on April 9th around 2 PM.  Clerk Lester, Officer Skinner, and Treasurer Shafer were witnesses that this document existed and was withheld from me after I requested an additional copy that day.  I have now been apprised that he has apparently destroyed this public record.  Officials destroying public records outside of established protocols is a misdemeanor:  Michigan Legislature - Section 750.491

This also leads some credence to the suspicion that the current administration has lost the DDA records (minutes) over the last two years, not the prior administration.  I will be contacting the prosecutor for prosecution of this malicious and intentional deed and proceed further if justice is not forthcoming for the continuing shameless contempt for the law that city officials of Scottville are displaying, fully detrimental to the citizens of Scottville and of the reputations of law-abiding public bodies elsewhere.  Please respond if there is any defense to this destruction of public records, otherwise I will presume the COS wishes to remain mute."

The cited law section effectively says:  "All official records created by or received in any office or agency of this state or its political subdivisions are public property belonging to the people of this state.  All such records must be disposed of only as provided [by law]."  Violating this section is a misdemeanor, considering that this page was evidence that he was planning to engage in another misdemeanor crime of public extortion, he could also be charged with the felony of destroying evidence that could be used for a future proceeding (MCL 750.483a(5)(a)).  

Matt Murphy does not have the moral authority to send folks to jail when he should be in jail for awhile himself for public extortion, destroying public records and destroying evidence.  Matt Murphy lacks the character to run a city when he is running away with embezzled money each time he 'earns' and claims compensatory time on his paycheck when he doesn't qualify for it.  

Scottville Police Chief Matt Murphy has no business being in either of his positions, and his crimes will be packaged and delivered to proper prosecuting authorities of the county and the state as such behavior by an official of his station is unacceptable in all jurisdictions.

[Freedom Seeker]

Now that article deserves a "wow." Wow that it just seems to get worse in Scottville. Wow that the the "extortion" document disappeared. Too bad you didn't get a picture on your cell phone before they took it from you. And Wow that you will follow through with prosecution. I hope that makes all of these bad actors, including Carlos Alvarado, Matt Murphy, the treasurer and anyone else involved who lacks ethics and can't follow the law in Scottville to understand that they work for the people.

[XLFD]

You're right, I would be awfully neglectful if I hadn't taken a picture of the fee sheet on my cell phone when I had it in my grubby fingers for ten minutes-- but I have never said that I didn't do that with the Scottville front desk in the background.  Why not give them a chance to further commit themselves to a narrative that this extortive document never existed before I bring my evidence to the prosecutor next week?  

[Freedom Seeker]

Quick thinking, X! You know these cell phone cameras are ruining a lot of crooked cop's lives around the nation. Just think, Derek Chavin, would probably still be walking the beat in downtown Minneapolis if it weren't for a bystander's nine minute plus cell phone video.

[Willy]

Looks like Scottville City officials are digging themselves into a deeper hole. Stop digging Scottville and be transparent and responsive to the taxpayers and citizens.

[Freedom Seeker]

Your words are meaningful and true, your artwork is excellent and memorable. Thanks, Willy. I love Pinocchio in the uniform and hope that those in Scottville learn to be truthful, but sadly it seems that many of the leaders of our cities, state and nation have long noses. Steve Gruber on the radio, right now, is playing bits of Gretchen Whitmer saying that she stayed at home during spring break (before it was uncovered that she went to Florida), and that it was ok for her staff to travel and that we need to have "grace" to others--when she crucified businesses who tried to survive during covid. And Bruce Caitlyn Jenner may run for governor of California. Maybe she will straighten out California.

[Willy]

Thanks FS. You're correct about Whitmer. She is nothing but trouble. Since you listen to Gruber you might want to tune in to another talk show that comes on at 9am. That would be Chris Plante at 105.9 FM out of Washington DC. I've been listening to him for years. He's just what the doctor ordered. He's funny, in the know and sharp and an advocate for conservatism. He covers all the news just like Rush did. The only catch is that you will have to listen to him on the internet. Try listening, you will love this guy. 

[Barney Reinberg]

I used an FM radio app on my cell phone. WMAL

[Freedom Seeker]

Thanks for the reference, Willy. I'll try to see if I can catch Chris Plante. Haven't heard him.