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OAKLAND COUNTY, Michigan – Prosecutor Jessica Cooper addressed complaints by Holly Village Councilman Bill Kuyk and Holly resident Jackie Campbell regarding their allegations that the Open Meetings Act was violated earlier this month during a Public Works Committee meeting.
Both Kuyk and Campbell filed formal complaints with the Michigan State Police after the Jan. 5 committee meeting in which they say Chairman Don Winglemire allowed Village Councilwoman Reisa Hamilton to sit at the meeting table in order to view sensitive water and sewer billing information.
Campbell maintained that Hamilton’s presence at the table under the Village Charter, constituted a quorum – something the OMA prohibits.
Kuyk was in agreement with Campbell and said four council members participating in a meeting constitutes an official business meeting, whether all council members are present or not. After receiving legal advice, Kuyk filed his complaint with Michigan State Police Det. Gary Muir.
Last week, Muir turned the case over to Oakland County Prosecutor Jessica Cooper, who along with Chief of District Courts for the Prosecutor’s Office John Slevin conducted an investigation into the allegations and on Friday, denied Kuyk and Campbell’s complaints.
“We found absolutely no evidence that there was a violation of the Open Meetings Act,” Cooper said. “There is nothing that was done at least in the evidence that was presented to us that would mandate or suggest that there was a violation of the act.”
Holly Clerk/Treasurer Susan Nassar said the village had spent approximately $700 in legal counsel costs and travel time as of the Jan. 12 council meeting. “Mr. Kuyk pretty much demanded that our attorney attend that meeting and the village pays him $125 an hour plus travel expenses,” she said. “Also, the $700 doesn’t take into account my time, the village manager or the chief of police’s time.”
On Friday, Kuyk said he was disappointed in the prosecutor’s decision.
“When Chairman Winglemire allowed Ms. Hamilton to be seated at that table, it formed a Village Council quorum,” he said. “This is where the prosecutor and I go in different directions – she didn’t look at the law in relation to the Village Charter.”
“There were a series of stupidities that were totally unnecessary,” Kuyk said. “After the meeting, I felt that I was obligated under law to report what I viewed to be was a blatant violation of the Open Meetings Act, and so I did.”
As for Cooper’s denial of any technical, criminal or civil OMA violations, Kuyk questioned the decision. “She’s entitled to her own opinion, but she doesn’t know the law worth a hoot,” he said. “I think she’s wrong, and she’s sending the message that village officials can violate laws and nothing will happen to them.”
While Kuyk recognizes the tough economic times faced by the village, he takes no responsibility for the legal fees resulting from his complaint.
“It’s not my fault,” he said. “The village manager (Marsha Powers) and the village president (Pete Clemens) are responsible for the legal fees – the attorney never called me or anything.”
Kuyk said under the Village Charter, only the village manager and the village president can solicit legal advice from the village attorney. “As a Village Council member, I feel that I should be able to dial the village attorney up when I have a question, but it has to be approved by the council in order to do that,” he said. “The legal fees were spent on them, not me – he should have called and spent five minutes talking to me instead of sitting around scratching is noggin for five hours, but he didn’t.”
Kuyk requested that the Oakland County Prosecutor’s Office provide a formal letter outlining their decision to deny the complaints, but as of Friday, the prosecutor has not decided if such a letter will be forthcoming.
On Friday, Campbell declined to comment as she had not had the opportunity to speak with Slevin personally regarding the prosecutor office’s denial.
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Comments
I believe Kuyk should reimburse those funds and step down and enjoy more time with Ms. Campbell.
All this stemming from one blog that is reporting on an issue that the masses agree was not very smart. But... Was it? Mr. Kuyk may be the ingredient necessary to unite the Village and Township. As long as he does things everyone agrees is stupid, then we'll have yet another common ground on which to tighten our bonds as Holly Residents!
I know my message is perceptively sarcastic, but after you've finished laughing or cussing at me, take a second to consider it. I believe we ALL want what is best for the Village and the Township combined. Remember, the Village is in the Township, thus the Township has a responsibility to care for the Village. That said, Township residents should keep in mind, the Village residents are not just our neighbors, they are the foundation of our community. Let's learn from the bad decisions and foolish words of the few and put that nonsense behind us. How about we make better decisions and think before we speak in the future. Or perhaps find a subject matter expert before declaring anyone guilty of a crime.
I agree that Mr. Kuyk should be held responsible for his actions and disciplined as his position warrants. On the other hand I think Ms. Campbell should continue to question our government at every given chance, just not at the expense of our community.
While election information may be in the charter, I doubt that's the intuitive first place residents and users would think to look. Many other municipal web sites have "Clerk" sections that distills the legalese into a quick-hit and user-friendly presentation, maybe with a link to that specific section in the charter for more info.
This information can be accessed by the link under Holly Express at the top of this page.
I would be happy to volunteer my services to the Village as well, should they decide to update their website. Much like the DDA site, I would happy to build it and manage it at no charge.
Also I believe it's the top vote getters that fill the seats, is this correct or do you run for a specific seat as with the Presidents seat?
You know what'd be awesome? Election procedures and information like this being posted on the Village web site!
Bill seems to know everything about everything. But he was elected by the good people of Holly.
Jackie seems to live for harassing local government and fostering the highest level of distrust of local officials.
I don't believe that she ever run for any position, it's just so much easier to complain....
With these two taking the point position, you can be guaranteed to run in ever tightening circles.
Thanks!
In a situation where decisions made on the Village council directly impact those in the surrounding Townships, we become consituents by proxy. While we cannot vote for candidates in the Village, and many of their decisions don't have anything to do with us, some decisions to have plenty to do with us. This would indicate that Village council does, in fact, have some degree of accountability to those outside of their voting constituency based simply on the impactful nature of the relationship. Therefore, we are free to speak our opinion in hopes of influencing those voting for council members.
When I am electing members of the township board, I look for those who will at least attempt to have a good working relationship with the village council, and who will not hesitate to share our concerns with them, with surrounding communities, and with our state representatives. I look for candidates who look outside our community for good ideas and success stories, and who are willing to work with others to create some of our own. I look for candidates who see the economic benefit of cooperation. In other words, in a community as small as this, whether you are voting in a village or a township election, I do not see the advantage of supporting an isolationist candidate.
That said, it would appear that there are a couple solid leaders/intelligent folks on council and administration. However, their good intentions are overshadowed by the others making poor decisions, comments, etc simply due to the magnitude of stupidity in those bad decisions.
There are those who have said, just because I don't live in the Village I should have no voice in the matter. I have lived her for many years. I pay the enormous water bill to the Village. I shop Village businesses. I attend the Village Council meetings and keep abreast on Village matters. Yet, unfortunately, because of my street address, I can only voice my concerns, rather than take any official action, which is why I make the call to action here.
This is why I welcome the joining of the Village and the Township into once city (or some other approved government entity) so I can vote on these matters that affect the historic downtown area and the surrounding Village limits.
It's time for the citizens of the Village of Holly to wake-up and make a change. It's time to rid the Village Council of the same old tired old blood: the cancer that are the same tired people who have been here far too long and have turned the Village (and it's budget) upside down in recent years because they can't remember the real reason whey they are on the Council to begin with.
Instead of serving for the people, they are serving themselves.
Where are the young leaders of this Village? When will they stand up and take the reigns and lead this area into a brighter, more successful future?
The call is out there people. We need young, positive leadership or the Village will not survive because at current, it is plagued by old ways, old ideals, old beliefs and is motivated by old fears, old baggage and old prejudices.
Hear the call, people. Hear it and do something about it!
Do it now before surrounding areas get a clue before you do and their towns rebuild, grow and surpass The Holly Area.
Time is running out. Do you really want to be mired in small town politics?
He has proven time and time again that he does not understand the position for which he was elected or the power that comes with it.
And what education, training, or experience in jurisprudence does Mr. Kuyk have to trump Ms. Cooper's qualifications and say she's wrong?
Perhaps the community would begin to see some progress if Mr. Kuyk would show as much passion for improving the lives of Holly residents through real action as he does for grandstanding his principles and wasting taxpayer money.
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