Township admits FOIA, OMA violation in court documents

Judge Anna Marie Anzalone has ordered the Charter Township of Raisin and township resident Paul Smoke to meet with a facilitator in an attempt for both parties to reach a settlement in an ongoing lawsuit. On April 30, 2014, Smoke — plaintiff — filed a lawsuit against the township — defendant — alleging the township violated the Open Meetings Act (OMA) on March 7 and 17 and the Freedom of Information Act (FOIA) on four different occasions in April and September 2014 and May 2015.“Over the course of a two month period in March and April 2014, defendants repeatedly stymied the idea of open government when they hid their action from public scrutiny,” Wrote the plaintiff in the Plaintiff’s Response to Defendants’ Motion for Summary Disposition filed June 5. “Defendants failed to post notices of meetings where important decisions were made and failed to responded and process documents following Mr. Smoke’s FOIA requests.” At the March 7 meeting, three assistant chief positions were created in the Raisin Township Public Safety Department. On March 17, the board approved the purchase of a new fire truck for the price of $408,982.“Defendants have admitted violating the Open Meetings Act and the Freedom of Information Act, yet they believe this Court should commit reversible error and grant them summary disposition on Mr. Smoke’s claims because the violations were limited in frequency, technical in nature, and eventually cured,” the plaintiffs wrote in their June 5 filing. “Defendants are wrong on the facts and the law.”On May 5, 2014, Raisin Township held a special meeting to revote on the purchase of the fire truck. Smoke received documents requested through the FOIA 13 months later regarding the township’s military surplus program, the plaintiffs claiming, “The months-late production of documents was a direct result of Mr. Smokes lawsuit.” The defendants claim in their May 21 Defendants’ Motion for Summary Disposition, “…the recent production of responsive documents regarding the military surplus program was not a result of this lawsuit.”The defendants continue, saying Raisin Township Supervisor Jay Cavanaugh used specific search terms to digitally search for relevant documents. Since the FOIA request in 2014, a subsequent search of township files with different search terms uncovered additional responsive documents.On May 21, the defendants requested the court “enter an order granting summary disposition in Defendants’ favor and dismissing Plaintiff’s request for (1) invalidation of the decision to purchase the fire truck under OMA; (2) injunctive relief under OMA; (3) attorney fees costs under OMA; (4) an order compelling the production of documents responsive to Plaintiff’s FOAI request; and (5) attorney fees, costs and disbursements under FOIA.”Both parties will be meeting with a facilitator to settle the case and all scheduled court dates have been adjourned until the facilitator’s outcome is handed to Judge Anzalone.

Tecumseh Herald

 

110 E. Logan St.
P.O. Box 218
Tecumseh, MI 49286
517-423-2174
800-832-6443

Email Us

FacebookTwitter

Latest articles

  • America Beltran, a 23-year-old graduate of Tecumseh High School was arrested by ICE agents in February.

    Wed, 03/27/2024 - 2:58pm
  • Tohni Campbell (l) and Kathy Lucha inside Selma’s Opal in downtown Tecumseh. Photo by Jim Lincoln.

    Wed, 03/27/2024 - 2:55pm
  • LISD Tech Center FFA student Camden Grodi, left, and Tecumseh Rotary Club President Holly Willey work on a water pasteurization indicator at the tech center on March 21. Submitted photo.

    Wed, 03/27/2024 - 2:34pm

Please Login for Premium Content