Lawsuit served to Michigan board members over alleged private meeting

Описание: A special board meeting in Comstock Charter Township that was called for a review transparency and ethics in governance took an unexpected turn on Wednesday night when four board members were served with a lawsuit during public comment.

The lawsuit, filed by Autumn Smith, alleges that Clerk Nicole Beauchamp and Trustees Kristie Cherry, Bob Pratt, and Terry McIver violated Michigan’s Open Meetings Act by allegedly meeting together in private earlier this month.

Smith claims she saw the four officials leaving a law office together and then talking together outside of the office, without public notice.

Under Michigan law, a quorum of a public body deliberating township business must do so in public, with limited exceptions, Smith noted.

Smith said her lawsuit, Smith v. Comstock Charter Township Board Members, is seeking fines and injunctive relief to enforce transparency and rebuild community trust.

"Anything about the township and public business is done transparently and openly in accordance to law with the Open Meetings Act. This was not done," Smith said. “We’re not depriving them of the right to legal counsel...We’re depriving them of the right to violate the Open Meetings Act by doing it together.”

The lawsuit comes as recall efforts against the township clerk and three trustees are already underway. In December, the Kalamazoo County Election Commission approved recall language targeting Beauchamp, Cherry, Pratt, and McIver.

William Knight, a Comstock Township resident, told News Channel 3 that he initiated the petitions to remove the township's clerk and three trustees because of "constant votes against the people's wishes in Comstock."

Knight said he filed the petition shortly after a vote by the board to amend an ordinance to advance a proposal regarding a battery energy storage system (BESS) in the township.

The special meeting on Wednesday was called to review a Freedom of Information Act (FOIA) appeal and to hear a presentation on ethics in governance by township attorney Robert Thall.

During his presentation, Thall referenced the Open Meetings Act and FOIA as Michigan’s “sunshine laws.”

He told the board that ethical violations can erode public trust, distract from elected duties, and, in some cases, lead to recalls, civil penalties, or criminal consequences.

“Failure to act ethically can provoke a recall,” Thall said. "If you abide by these standards, these four ethical standards, you're probably going to keep yourself out of trouble."

Among the ethical standards noted by Thall included having all township-related discussions in front of the public at meetings.

Thall noted that recall remains one of the primary avenues voters have to respond to ethical concerns involving elected officials.

The township's attorney suggested the board adopt a policy for ethical violations, noting that the current code of ethics is not legally binding for the township.

Smith told News Channel 3 that her lawsuit is supported by the state constitution, not township policy.

Under Michigan law, alleged Open Meetings Act violations are evaluated by a judge, who determines whether a violation occurred and what penalties, if any, apply.

After the meeting, News Channel 3 asked each of the four board members for comment regarding the recall efforts and legal documents they were served during the meeting.

Trustee Kristie Cherry said, "(I'm) not even totally sure what's in the envelope tonight, so I don't want to comment on that." In response to the ongoing recall petition, she said she thinks it is not the best thing for the township.

"We are trying to work together for the better of the township, you know, and but yeah, if you have questions, please reach out," she said.

Read: https://wwmt.com/news/local/lawsuit-o...
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