Township appoints Lacasse as contact in lawsuit on alleged violations of Open Meetings Act, FOIA

During a special meeting on Tuesday, May 27, the Raisin Township Board of Trustees voted to appoint Township Attorney David Lacasse as the primary contact between the township and defense attorney Heidi Hudson. Trustees Dale Mitchell and Larry Crittenden were absent.Hudson was appointed as the primary defense attorney by ECM Insurance, a company the township contracts with, for a lawsuit alleging the township violated the Open Meetings Act and the Freedom of Information Act (FOIA). The township received the lawsuit and handed it over to ECM Insurance. “Any involvement that I have, you are going to have to pay for. You’re not paying anything for Ms. Hudson’s involvement and her work,” Lacasse told the board. ECM Insurance is covering the cost of Hudson’s work for the township. The lawsuit, filed by Paul Smoke, alleges the board violated the Open Meetings Act, specifically the March 17 special board meeting. Smoke is also alleging that the township violated the FOIA relating to two FOIA requests he had made with the township, according to Lacasse after the May 5 regular Raisin Township Board meeting. While Hudson is the primary defense attorney on the case, the board discussed how active a role Lacasse should have. Lacasse said the board can have him stay completely out of the case, involved just enough to stay aware of what is going on, or be the primary contact and point person from the board who works with the insurance company, Hudson and the defense of the case. He also said his involvement as a primary contact could be up to and maybe even including having him file an appearance as co-counsel.“What I don’t want to have happen is I don’t want to get involved in this without your approval of how much you want me to do. I don’t want stuff showing up on the bill that you’re wondering what in the world is going on,” said Lacasse.Trustee Tom Hawkins made the motion to have Lacasse be the primary contact in the current litigation to further the board’s discussion. “I just think it is a good idea,” said Township Clerk Betty Holdridge. “We already know Dave.”“Is she [Hudson] representing the insurance company or us?” asked Township Supervisor Jay Cavanaugh.According to Lacasse, the township and the board is Hudson’s client, and that she will be representing the township and board’s best interests, but the insurance company pays her. “She does work for the township, She is representing the township. But understand the insurance company does have a lot of say,” said Lacasse. The lawsuit requests the board and township cease to allegedly violate the Open Meetings Act and FOIA. There aren’t any damages being alleged in the lawsuit. However, if any attorney fees are awarded, those aren’t covered by the insurance, and the township will have to pay those fees, according to Lacasse. Lacasse said he would be billing the township his standard hourly fee of $110 per hour for any work he does on the lawsuit. Lacasse said he would attend hearings and any depositions of township officials, and review documents.