"Plain and simple: We're there because there are issues with how the open meetings are being handled," he told the Tribune Thursday. " ... There is a problem with open meetings allegations (in Lake Township)."
Hanson said Huron County Commissioner Kurt Damrow submitted a video tape from the June 24 Lake Township Planning Commission public hearing that was held to receive input on the proposed wind zoning ordinance. During that meeting, the board would not allow any discussion regarding taxes or economic implications of wind projects in Lake Township.
"I refuse to listen to any economics at this meeting," said Lake Township Planning Board Chairman Louis Colletta during that June 24 meeting. Colletta's explanation for barring economics from that meeting's discussion was because economics is an issue the township board, not planning commission, takes into consideration.
Damrow was one of several individuals present at the June 24 meeting who wished to discuss economic issues pertaining to wind turbines.
He told the Tribune on Thursday he wanted Huron County Prosecutor Timothy J. Rutkowski to review the situation to confirm whether there was a violation of Michigan's Open Meetings Act during that meeting. That was because Damrow said he talked to numerous Lake Township residents who were upset by the perceived violation, and was concerned they may be too intimidated to pursue the matter for themselves.
Damrow said he did not want to make any other comment regarding the investigation until the Huron County Prosecutor's Office has reviewed and made a decision on the sheriff's investigation.
In response to learning about the sheriff office's investigation Friday morning, Colletta said he felt no violation of the Michigan's Open Meetings Act occurred at the June 24 planning commission meeting. He said he felt past precedent would show he was acting legally when he would not allow any discussion pertaining to economics at that meeting.
"I've attended a couple of meetings where the same procedure was allowed," Colletta said.
Specifically, he said he was in attendance at a meeting during which Huron County Building and Zoning Director Russ Lundberg confirmed economics was not to be a consideration when making zoning and planning recommendations.
Colletta made similar statements at the June 24 planning commission meeting, which was attended by Lundberg.
Lundberg responded to Colletta's statements, saying he did not mean economics are not a factor that should be considered. Rather, he said, economics are not supposed to be the only factor planning boards consider when making zoning recommendations.
This is not the first allegation of an Open Meetings Act violation in Lake Township.
Hanson said his office was contacted in May regarding a separate Open Meetings Act violation complaint. He met with the Lake Township Board of Trustees and the board's attorney in a closed meeting regarding issues that now are included in an amended lawsuit filed in June against three Lake Township Board of Trustee members by 27 plaintiffs, which include the Lake Township clerk and former township supervisor. The sheriff is not mentioned in that lawsuit, however.
Hanson confirmed his office currently is conducting an investigation of an Open Meetings Act violation that is not related to the complains lodged in that June lawsuit.
Supervisor Robert T. Smith said he was present at the June 24 planning commission meeting and felt there was a flagrant violation of Michigan's Open Meetings Act. As a result, he said he supports the investigation, and wants to see the matter prosecuted.
"What's good for the goose is good for the gander," he said.
The goose: Lawsuit pending
Smith is referencing the amended lawsuit filed June 23 by the 27 individuals claiming he and two other Lake Township Board of Trustees members violated Michigan's Open Meetings Act.
The complaint alleges Smith, Lake Township Trustee Robert Hyzer and Lake Township Treasurer Dorothy J. Fischer violated the law last fall when they entered into a contract for assessor services "on or about Dec. 15, 2008."
Another allegation in the June 23 lawsuit states Smith violated the Open Meetings Act by not allowing any public comment during an April 27 special township board meeting.
The lawsuit also claims Smith and Hyzer violated the law by voting to go into closed session May 15 to discuss possible, but not pending, litigation. Lastly, the complaint accuses Smith of violating the Open Meetings Act when he and Lake Township Trustee Dale Hartsell conducted interviews for the township's assessor position April 24 at an American Legion Hall, which is "a private hall, where the public are not allowed if not members of the private association," the lawsuit states.
Hartsell is not listed as a defendant in the lawsuit, however.
In court documents Hyzer, Smith and Fischer filed earlier this month, the three denied all of the lawsuit's accusations of Michigan's Open Meetings Act violations.
According to a pretrial statement filed July 10, Hyzer, Smith and Fischer intend to file a motion for summary disposition after their legal counsel has had the opportunity to obtain relevant meeting minutes and other related documents.
If a motion for summary disposition is filed and then granted by a judge, it will mean the case will not go to trial.
Currently, a pretrial has been scheduled to begin at 11 a.m. Tuesday, Sept. 17 in Huron County Circuit Court, according to the Huron County Circuit Court Office.
The Law Office of Julie A. Gafkay is representing the 27 plaintiffs, which include Lake Township Clerk Valerie McCallum and Clay Kelterborn, former township supervisor, who also previously served as township assessor.
The other plaintiffs listed on the June 23 amended lawsuit include Paul Beck, Carol Beck, Lisa Clinton, Dorothy Colletta, Charles Henry, Jeanne Henry, John McCallum, Lewis Melton, Gerald Pobanz, Sandra Pobanz, Ken Raymond, Barbara Raymond, Melissa Raymond, Robert Siver, William T. Williams, Maryanne Williams, Alfred Kelterborn, Mary Lou Kelterborn, Mark Kelterborn, Donald Kanyak, Jr., Sylvia Kanyak, Steven Kanyak, Tony Kanyak, Sr., James Murdoch and Kathleen Murdoch.
Smith, Hyzer and Fischer are being represented by Robert J. Seibert, of Seibert & Dloski, Professional Limited Liability Company, of Clinton Township.
The gander: Lawsuit considered
Regarding this latest investigation, Hanson said he anticipates his department will have everything wrapped up and a report sent to the prosecutor around the middle of next week.
"The procedure is to complete it and present it to the prosecutor for his review," he said. " ... Everyone has to understand the prosecutor has the final say on how it gets handled."
Even if there aren't criminal charges pursued in this matter, Hanson confirmed individuals who feel there has been a violation still have the option to file a civil suit in circuit court.
Smith said that just might be an option if the prosecutor does not wish to move forward with the case once the sheriff office's report is reviewed.
"I've been crucified for almost eight months ... If he won't do anything, maybe we have to," he said. "But we'll wait till next week to see what comes of it."
"There might be some civil action to it, but there's a criminal aspect to it as well, and that's what the sheriff's department has been asked to look at," Rutkowski told the Tribune in an interview Thursday.
Rutkowski said he doesn't know how long it will take for his office to review the sheriff's investigation once it's submitted. He said he hopes to have a quick turnaround.
"We'll make a decision one way or another soon," Rutkowski said. "We will address whatever complaints are brought to our office from the sheriff's department as it relates to Open Meetings Act violations."
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