**Update: 01-Aug-2012, I have officially "won" in 22nd Circuit Court per order of Judge Swartz. Here is the Judge's Order.
Short Description:
Citizen requests a public document not protected by Attorney-Client Privilege or Work Product exemptions. Government says that they do not have it but acknowledge that the requested document is in possession of their attorney. Government refuses to disclose public document.
Why go through all of this trouble?:
It is believed that the document in question discusses a large monetary settlement. Being a community of less than 2000 property owners, it is in our best interest to to find out whether or not we may be liable for A LOT of money -- possibly over 80 million dollars. I, along with many other residents are not interested in paying a $40,000 special assessment per household due to carelessness by our elected leadership.
The Details:
A few years ago, a private land developer ran into problems with a local government entity. The local government of Salem Township, Michigan (Washtenaw County) agreed to go to arbitration with a private land developer, Salem Springs LLC (Schostak Brothers) to settle the matter. A final decision was rendered by a panel of arbitrators. Salem Township refused to play along with the decision. Later, a request was made by Salem Springs LLC (Schostak Brothers) to the arbitrators to compel Salem Township to do what they were originally told to do by the arbitrators and also mentions damages.
For this matter, the local government of Salem Township is represented by an attorney, Edward Plato. He is an attorney working for the law firm of Johnson Rosati Labarge PC who is contracted by Salem Township for legal services.
Salem's attorney has obviously been handling the correspondence from Salem Springs LLC (Schostak Brothers) and from the arbitrators in this legal matter involving Salem Township. FOIA requests for involved documentation in this matter have been fulfilled with the exception on one set of documents. These documents are being shielded from public view due to an unknown reason. It is rather interesting that most of the documents in this matter were released without prejudice yet they refuse to fulfill their own promise of "transparent government".
The documents in question consist of a brief from the Salem Springs LLC (Schostak Brothers) lawyer to Salem Township's lawyer, Edward Plato specifically regarding the arbitration. Salem Township insists that the public is not allowed to inspect the documents held by their attorney as he holds them. In effect, the local government has chosen to "park" specific items at the lawyer's office to keep them out of public view. Sounds quite ridiculous? Well, it is actually happening. In Salem Township's first response to my civil complaint, they move to immediately throw this out of court and to recover their own legal fees (no surprise there). See the documents below.
Documents, Media, and Dates: (right-click and "Save As" if you want save on your computer, otherwise will open in new window)
1. FOIA Request (September 14, 2011)
2. Response from Salem Township (September 26, 2011)
3. Appeal to FOIA Request denial (December 6, 2011)
4. Complaint in Circuit Court (17MB file) (February 3, 2012)
5. Response from lawyer representing Salem Township (different law firm) (February 24, 2012)
6. Scheduling Conference (April 5, 2012 Conference Call) / adjourned one week due to both of the Defendant's lawyers being on vacation
7. Scheduling Conference (April 12, 2012 Conference Call). See subnote 1 below
8. Motion from Salem Township Attorney for Summary Disposition (611kb file) (May 16, 2012)
9. Court hearing for summary judgement (June 6, 2012)
10. Township Attorney (new) admits the Township has possession of the document in question (audio .mp3 file, 1.23Mb file) (May 24, 2012)
11. Document requested by FOIA (without exhibits) (784kb file) (Received June 9, 2012)
12. Exhibits for the above document (1.82Mb file) (Received June 9, 2012)
13. Settlement Demand Letter (Emailed June 9, 2012 to townboard@salem-mi.org, Certified US Mail June 11, 2012)
14. Settlement Offer from Salem Township (received via Email June 18, 2012)
15. Motion for Summary Disposition - Plaintiff (July 9, 2012)
16. Motion for Summary Disposition - Salem Twp (pending)
17. Day in 22nd Circuit Court, Judgement in my favor (August 1, 2012 1:30PM) CASE CLOSED
Resolution for this matter:
I received a phone call on May 24, 2012 from Thomas Fluery - the "new" township attorney that is representing Salem Township in this legal action. He admitted that Salem Township does indeed have the document I am requesting. Shortly thereafter, we have a telephone conversation and Fleury indicates that he will advise Bob Heyl (Township Supervisor) that it will be in their best interest to surrender the document to me under the FOIA statute. On June 9, 2012 I receive the documents requested via US Mail. The requested document from Salem Springs, LLC clearly indicates that Salem Township's "Continuous And Unreasonable Delays" should be subject to "Damages, Costs, And Attorney's Fees" and also reminds the arbitration panel that they have the right to award monetary awards for damages created by Salem Township. Specifically:
"B. Determine the damages that were reserved for the breaches that were established in the Decision from the Arbitrators ($30,500,000.00)...'
C. Consider the evidence that will be introduced as to the damages that Township's delays have caused, and make an award of dollar damages, also in the millions of dollars;
D. Consider the award of exemplary damages since the conduct of the Township is not only wrongful and in breach of its obligations but also of a continuing and repetitive nature and, as a practical matter, also in contempt of the
arbitrators' award; and
E. Declare that Developer was the prevailing party in the arbitration and award Developer all of its costs and fees associated with the arbitration, including the fees of this panel and all of Developer's costs and attorney's fees."
**Update: 18-Jun-2012, I now have evidence in my possession that Salem Township did have possession of the document I requested in October, 2011. I also have an admission, on videotape, that Salem Township Treasurer Paul Uherek had possession of the documents on May 5th, 2008. The video also conveys the point that the Salem Springs LLC (Schostak Brothers) attorney's tried vehemently to provide the Salem Township Board and the Salem Township Planning Commission a complete copy of this August 12, 2011 brief. Unfortunately, Salem Township's attorney went to great length to prevent this document to be seen by the public eye. The attorney for this FOIA matter, Thomas Fleury, will be advised of this as soon as possible to avert further embarrassment by Salem Township.
Video of the May 8, 2012 Board of Trustees Meeting (YouTube 8 minutes). Salem Springs, LLC. legal counsel advises that on multiple occasions they submitted the documents in question to Salem Township. Salem Township legal council admits that Edward Plate and Carol Rosati (Salem's lawyers) did pull the documents out. It is also indicated that the documents were indeed in the physical possession of Salem Township - especially when Salem Township Treasurer Paul Uherek admits that he took it up himself to remove the documents per the instructions of Carol Rosati.
**Update: 01-Aug-2012, I have officially prevailed in 22nd Circuit Court per order of Judge Swartz. Here is the Judge's Order.
Who am I dealing with?:
This is a 36-sq mile General Law Township of approximately 5500 people located in Washtenaw County, Michigan that neighbors Ann Arbor, Michigan. Salem Township has a lot of cash in the bank due to having a large landfill located within the community -- at least $8 million dollars and growing quickly. This allows the local government to run without the need to levy local taxes for fire, police, and administrative services. Oddly enough and only recently, the local government has decided to spend HUNDREDS of thousands of dollars on their contracted law firm to handle almost ALL activities. Never in the history of local government here in Salem did a paid lawyer attend any meeting unless they were specifically needed. This changed in 2008 when a new majority of trustees, Supervisor, and Treasurer were voted into power. It was determined by the supervisor, treasurer, and two trustees that the lawyers would virtually make all decisions for the community per the request of the township supervisor, Robert Heyl. From that point on, a lawyer was to be present at all board meetings. This includes the more than doubling of regular board of trustees meetings from approximately 11 a year to over 30 a year (several "special meetings") plus all planning commission meetings, etc. etc. etc. For $185 per hour, this racks up quite a legal bill. For example, in 2010 alone, $124,617.50 was paid to their contracted law firm, "Johnson & Rosati" for alleged legal work but NONE of it was related to any litigation. All of that money was related to reviewing the monthly newsletter (huh?), attending board and planning commission meetings, rewriting existing employee rules, rewriting existing policies (of which were virtually identical afterwards...). Don't bother asking about what was given specifically to the same law firm in 2011 -- I believe it was near $1000 per DAY! Yes, that kind of ridiculous legal spending from a farm community of about 2000 houses.
To sum this up plain and simple -- they have free spending without any sort of restraint. With unchecked power and a strong financial backing, they are doing whatever they want; regardless of whether or not it is legitimate, legal, or moral.
Salem Township, Michigan (Washtenaw County), USA
"Central Mailing Address: PO Box 702546, Plymouth, MI 48170
Township Hall Location: 9600 Six Mile Rd, Salem, MI 48175
Phone number - 248-349-1690 Hours - 9am - 5pm Mon - Fri."
Official FOIA request form for Salem Township (500kb file)
***Related local issues costing the resident citizens millions due to reckless leadership by elected officials:***
1. Sylvan Township (Washtenaw County, MI) $12 Million Dollar Mess
2. Sharon Township (Washtenaw County, MI) $1.4 Million Dollar Mess
Michigan Public Act 442 of 1976 (Freedom Of Information Act)
Subnotes:
1. Scheduling conference telephone call notes: Court dates not set because of this “is a very specific case” (per JoAnne Barron, Hon. Swartz's judicial attorney). In this case, generally both parties file cross motions to put this matter before the court without a trial for summary disposition. It is still possible for an evidentiary hearing to happen. It is not necessary for me to file a motion as I can just respond to Ms. Paulson’s motion requesting the court for judgment in my favor. Defendant attorney states that she will file a motion.
Policy and permission for linking to this web site: It has come to my attention that there are "outside" web sites that point to this web site. I grant permission to anyone to link directly to my web site here if such is done with good intentions. (November 26, 2012)