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ROSE TOWNSHIP, Michigan – After several months of interviews and extensive research, the Rose Township Fact Finding Panel rendered its final report to township officials last month.
The five-member panel was appointed in December and met bi-weekly from February through May, reviewing statements made at the Nov. 11 meeting by Rose Township resident, Jim Hanks. Hanks accused former Supervisor Chet Koop and Building Inspector Dave Schang for permitting, renovating and issuing a certificate of occupancy to the township’s 9080 Mason St. facility knowing that the building did not meet Michigan building codes and/or American Disability Act barrier-free compliance.
In January, township officials chose Glenn Noble to serve as the FFP chairman, while fellow residents James Porter, Scott Fischer, Robert Hauxwell and Janet Cousins rounded out the panel.
During deliberations, the panel called upon three current and former township officials including Koop, Schang, and township Treasurer Sue Slaughter. Additionally, the panel interviewed Hanks, and received a written statement from Supervisor Alison Kalcec in which she willingly agreed to meet with the panel if requested to do so.
Panelists extracted 23 statements from Hank’s Nov. 11 presentation, and over the three month process, researched to find an exhibit to validate each statement as fact or allegation. Of the 23 statements, the panel found 19 of them to be true.
Bob Hauxwell asks former Super...
During the July 14 meeting, Hauxwell initially took exception with the wording on the agenda that indicated that the report was a draft and that no specific action is required.
“I don’t understand ‘no action required,’” Hauxwell said. “Back on Nov. 11, Mr. Hanks was pretty clear on the fact that we have a building inspector who should have been fired because of the facts of all the issues going on with this building,” he added. “Out of 23 allegations, 19 of them by the panel that was selected by the board found that they were all factual – how can you in any right mind say that there is no specific action to be taken?”
Hauxwell reminded board members of their obligation to the taxpayers.
“(Schang’s) incompetent and we wouldn’t be in this situation with this building if you had a building inspector who knew what was going on,” he said. “You’re responsible as a board to react to the taxpayers’ complaints and you’re blowing it off like it never happened. You’re the supervisor – you ought to be running the show.”
In the days since the FFP submitted the report, Hauxwell told township officials that he received a letter from Schang, telling him that the township must inspect his home for a permit Hauxwell says he pulled 9 years ago.
“Where in the heck has he been for 9 years?” Hauxwell demanded. “You’re paying him all this money for his phone, his car, his mileage which is a heck of a lot more than he gets out of Holly Township, and he’s 9 years behind in his paperwork?”
Kalcec maintained that she thought the report was a draft, and reiterated the panel’s role in the process.
“What we asked the panel to do was go through Mr. Hanks’ presentation and determine what were facts and what were allegations,” she said. “They were not asked to make recommendations or demand any specific actions – I believe it’s up to the board to make a determination based on this report if any action is required.”
Rose Township Supervisor, Alis...
Kalcec acknowledged that Hanks has asked for specific actions, and said she was appreciative of the time and effort put into the investigation by the volunteer panelists.
“I believe we’re doing everything we can possibly do to move forward with making the building ADA complaint with a few code issues,” she said. “If the board wants to do something with this, than that’s up to them, but I believe that we need to receive it and have it on file for informational purposes.”
Trustee Dave Gordon asked township attorney John Mulvihill for his opinion regarding the report, and the role the FFP plays in taking action.
Rose Township attorney, John M...
“The FFP was to review the statements Mr. Hanks made in the presentation before the board, make findings of fact and submit them to the board,” Mulvihill said. “The panel was not authorized to make any conclusions or recommendations, make any decisions or take any votes or anything like that,” he added. “It’s kind of an informational document for the board, and I think the supervisor is correct – it’s there for informational purposes and if anything needs to be done regarding the document, I think it’s up to the board.”
Slaughter urged the board to take action. “What was the meaning or use of having them put all this time into preparing this if we’re just going to say, ‘OK, I’m putting it in the file for information?’” she said. “The object was to find out what happened – what went wrong.”
Kalcec reiterated any decision made had to be done by the board.
“Yes it does, but what I’m saying is the board needs to stand up and do something about this,” Slaughter responded. “I mean, how could a building with all these violations have passed?”
After listing several of the building code violations, Slaughter said the board could draw two conclusions. “Either the building inspector is totally incompetent, or he was told to let it go – let it be.”
“I talked to a number of people who have experience in this, and the one piece that was missed was the piece that said if you change the use, it triggers a different code,” Kalcec said. “That’s a thing that had some consequences, but it was one step – a change of use in a commercial public assembly-type of building that we have very few of in this township, and I think we’re moving forward to do the right thing with that,” she added. “The state of Michigan seems to feel that was the step that we missed – you can read the report.”
Mulvihill added that the state of Michigan closed the file earlier this year.
“They did,” Kalcec agreed. “They felt we were doing the things we needed to do to follow up on it and they closed the file.”
“You don’t feel there was deception used in response to these complaints or accusations when you filled out forms that went to the state saying, ‘Oh, we only remodeled 5-percent of the building?’” Slaughter asked. “Well, an imbecile could tell you remodeled more than that.”
“You’re one fifth of the deception,” Gordon yelled. “Why didn’t you put that on an agenda in one of your meetings?”
Slaughter insisted that she had attempted to bring up the topic on numerous occasions. “You know how much I talked this up and tried to have somebody look into this – somebody to do something.”
“Why is it always somebody?” Kalcec interrupted. “You’re a member of this board, too.”
“I talked to board members, I talked to the former supervisor – I talked to you and I even have the notes from when I did,” Slaughter said.
“Did you come to a meeting and say, ‘I want this on an agenda? Let’s get the state in here to do an inspection?’” Kalcec asked.
“I talked about it at meetings and what I was told to do was to shut up, be quiet and stop trying to sabotage your getting a new building," Slaughter replied. "That’s what I was told. Constantly.”
As Kalcec called for a motion, Hauxwell attempted to speak from the audience.
“No – we’re going to go on this now,” Kalcec said. “Does anybody want to make a motion?”
While Slaughter wanted to take action on the matter, she asked Mulvihill whether it would be considered a “conflict of interest.”
Last August, Slaughter’s husband Lyle Barger filed the original complaint with the state of Michigan after his wife allegedly fell down a flight of stairs leading to the basement of the Rose Township offices. Barger questioned construction codes, barrier-free access and ADA compliance for the facility.
In June, Slaughter filed another complaint with the Equal Employment Opportunity Commission for discrimination based on disability under Title 1 of the ADA.
“My impression – I think it would be a conflict of interest,” Mulvihill said.
Gordon attempted to move on. “We knew we had to have a lift at some point, and we didn’t do it three years ago, but we’re doing it now, so we’re moving forward,” he said.
“And you guys are the trustees who are supposed to be looking out for the taxpayers,” Hauxwell roared from the audience. “You ought to be ashamed of yourselves!”
Kalcec slammed the gavel. “You’re out of order!” she said. “I gave you an opportunity at the beginning of the meeting – we’re doing business up here.”
Kalcec called for a motion again.
“Mr. Hanks and Mr. Hauxwell made it very clear what they think the correct action would be – if there is a board member willing to make that motion, then I’m giving you the opportunity to do that.”
Clerk Debbie Miller struggled with the issue.
“I don’t know what the action would be,” Miller said. “Their comment is to fire (Schang),” she said. “I don’t even know why we’re having this conversation – it never should have happened in the first place – I’m a new board member and by not taking action, we’re just blowing it off.”
“I don’t think that’s what we’re doing,” Kalcec said.
Ultimately, no action was taken.
FFP Chairman Glenn Noble would take the opportunity to speak during the last public comment segment of the meeting. “Obviously, there is a huge undercurrent in this whole body,” he said. “If you continue the way you’re going, you’re going to have a donnybrook. I think you should be well aware that this document that this panel prepared is a valid document – read between the lines.”
In closing, Noble offered a word of caution. “I spoke with Mr. Hauxwell this evening about the letter he received about a building permit he pulled 9 years ago,” he said. “I don’t know whether that’s true or not, but I’ll tell you, direct your staff,” he said to Kalcec. “Don’t provide any retribution to the panel members, because if you think you have a hot potato now and put it to bed, you’ll have another one.”
Kalcec said she would be looking into the matter this week.
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