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Interesting information that may no longer be front page news, but is too important to be forgotten.
Board Stops Attempted Illegal Use of Funds by Parks & Rec Commission
PRC adopts illegal motion allocating $1,800 to shop for legal opinions
In a stunning display of pure chutzpa at its December meeting, the Fruitland Township Parks and Recreation Commission (PRC) adopted Chairman Scott Beard's motion to "hire attorney Scott Sewick on a contractual basis of $180 per hour, not to exceed ten (10) hours to give [them] a legal opinion on whether or not they have jurisdiction of McMillan Road End." The vote, which was seconded by Lester Hammond, passed 3 - 0 (2 absent). <PRC minutes>
To fund the expenditure, they illegally moved $4,000 from their construction budget to "contracting." According to Michigan Law (MCL 41.426c), the Township Board must approve the PRC budget. This fact was confirmed by Township attorney, Robert Eklund, and the Michigan Township Association.
Jurisdiction over McMillan Road End rests with the Board of Trustees until such time as they vote to relinquish it. This issue has long been settled, both by Michigan Law and Board action, although the PRC has refused to accept this fact. <Board minutes>
Trustee Eley addressed the PRC action at the Board meeting Wednesday, January 10. The Board unanimously adopted Eley's motion directing Supervisor Boughton to notify attorney Sewick and Mr. Beard that the Township will not pay any invoice for legal counsel, unless such expenses are preapproved by the Board.
Inaccurate Minutes No Longer Acceptable
The Fruitland Township Board of Trustees held its regular meeting on Monday, September 18. The accuracy of meeting minutes was a key topic of discussion. One of the first items on the agenda was the approval of meeting minutes. Trustees Bard and Eley pointed out that they were misquoted in the August 22 minutes of the McMillan Road End subcommittee meeting. Treasurer Boyer disregarded their objections and refused to change her motion to adopt the minutes as written. A second motion by Trustee Bole (seconded by Trustee Bard) to amend the minutes passed 5 to 2 (Boyer and Beard against).
During the public comment period, resident Jan Deur also addressed the issue of meeting minutes, which have been notoriously inaccurate on crucial issues, like the Lake Michigan Shoreline Moratorium. Cindy Ackerman echoed Mr. Deur's concerns, sparking a lively discussion of ways to improve Clerk Beard's stenographic accuracy.
The Open Meetings Act requires that proposed minutes must be available for public inspection no more than 8 business days after the meeting and available 5 business days after they are approved. The Board approved Eley's motion to post minutes on the Township Web site within these time limits.
<Why Accurate Meeting Minutes Are So Important>
Sheriff's Department Completes Open Meetings Act Violation Investigation
Detective Shane Brown, Muskegon County Sheriff's Office, completed his investigation of an alleged Open Meetings Act (OMA) violation by four FT Board members. The allegation was made by Clerk Beard in an e-mail to Board members, stating that a "township resident" brought the matter to her attention.
The investigation determined that there was "no violation of the OMA," stating that, "the brief "meeting" between Boles and Eley did not constitute a quorum and it was not convened for the "purpose of deliberating toward or rendering a decision on a public policy" (MCL15.262). The Board was exonerated and the case is closed.
One can only wonder why Clerk Beard made such a serious allegation. She refused to fully cooperate with the investigation and did not name her informant, nor did she provide any compelling evidence that an OMA violation occurred. Comparing the official police report to the Clerk's ever-evolving testimony, it is clear that we may never know what really happened -- or if anything happened at all. But, residents of Fruitland Township can rest assured that such allegations are taken seriously and will be investigated. Then, and only then, can we begin to build confidence in this government.
<<Case Background>>
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