Friday, February 29, 2008

This week's front page

Documents that led to Olson's departure 'in the mail'

Editor’s Note: The following message pertains to the issue of the January administrative leave of Marshall public safety director Mike Olson whose job has been vacant since Jan. 25. The message below is in response to numerous Freedom of Information act requests for records related to his absence that would reveal the as yet undisclosed reason that city manager Chris Olson said he lost confidence in Mike Olson’s judgment. See story, page one, March 1 Chronicle, for more explanation:

To the Editor:
This is in response to the various phone calls, letters and e-mails that I recently received from you, to address the offers for assistance as it regards what you are seeking, as well as to provide you with some updated information.
...I was aware of the (Detroit Mayor Kwame) Kilpatrick ruling, and I certainly followed the case as it unfolded in the Detroit News and Free Press.
I don't believe that the Supreme Court's ruling is applicable to Marshall in the sense that the issues are not the same.
As it regards the information you are seeking, the city is obligated to respect the legal action that was filed by Mike Olson through his attorney, Mr. Winslow. At present, the pending actions include a temporary restraining order, a show-cause hearing, and proposed injunction as to the release of information that is considered private and personal. That is information that the City will not release unless and until ordered to, by a court of appropriate jurisdiction.
On Monday, there was an agreement in principle between the parties to release whatever information is not considered as personal and private.
The information that is work-related and substantive, and ultimately led to my decisions on Mike's employment -- that is, those things that caused me to question Mike's judgment; his adherence to city policies and good management practices; and finally, his decision-making as a top manager within my administration. These are what led me to placing him on leave back on Jan. 21 and offering him the opportunity to resign back on Jan. 23.
Mr. Callander and Mr. Winslow went through the documents earlier this week and there is not total agreement between them as to each item that is appropriate to release, subject the review and approval of the respective clients.
Mr. Callander and I went through those documents yesterday and we came to our decision as to what is appropriate. Mr. Callander and Mr. Winslow conducted their final review this morning. It is my understanding that Mr. Callander has sent, in today's mail, the undisputed e-mails, many of which do contain redactions. You should receive those at the first of the week.
Those that Mr. Winslow was not agreeable to release, will go to Judge Kingsley as a subject of the show-cause hearing. You may want to join the case, so that your arguments can be heard.
The redactions from those documents is of information that is not subject to disclosure under section 13 (1)(a), which is of a personal nature; disclosure of which would constitute a clearly unwarranted invasion of an individual's privacy.
In addition, you should understand that we believe that the documents that we are disclosing do not meet the definition of "public records" under section 15.232(e). We are disclosing them nonetheless, to put many of these issues at rest, in the minds of the public, even though we are not obligated to do so.
It is my understanding that the show-cause hearing with Judge Kingsley has been rescheduled from March 3 to March 10, 8:30 am at Calhoun County Circuit Court.


Thank you,
Christopher S. Olson
City Manager
City of Marshall

UPDATE: Cagers win district title, head to regional Monday

The Marshall High School boy Redhawks were ahead 20-12 going into the locker room at half time of the district final game against Jackson Lumen Christi and, in a dramatic finish, walked away with the narrow victory, 43-40 to land a berth in the Class B, District 36 regional Monday at Harper Creek. It's the first boys' varsity basketball district championship since 2004. See the Saturday, March 1 Chronicle for sports writer John Hendler's photos and story on this exciting first step in the march madness climb to the state tournament.

Thursday, February 28, 2008

Redhawk cagers advance to district final

The Marshall High School boys' varsity basketball team had another strong defensive performance to defeat Jackson-Western, 47-30 on Wednesday night to advance to the final of their Class B district final. The Redhawks face host-team Lumen Christi at 7 p.m. Friday night, Feb. 29. To get to Lumen-Christi, take I-94 East to exit 136-highway 60 south and go south on 60 about 3 miles and make a U-Turn to Spring Arbor Rd East. Proceed just over a mile on Srping Arbor Rd. East and Lumen Christi will be on the right.

Tuesday, February 26, 2008

2-Day Workshop Provides Information & Support to Local Retail Businesses

By Terry Boyda, Marshall Main Street Volunteer
Marshall businesses that wish to optimize their sales and growth potential will be
pleased to know that an upcoming 2-day retail workshop has been designed to help
them do just that. Scheduled for April 23 and 24, "Merchandising for Main Street
Retailers" will be presented by Scott Day, Principal of Urban Development Services,
a Texas-based consulting firm which specializes in commercial revitalization.
The program consists of two parts. A seminar on the evening of Wednesday, April 23,
provides an overview of effective merchandising and design strategies developed
specifically for small retail businesses. The following day, Thursday, April 24, a
limited number of Marshall businesses will have the opportunity to avail themselves
of on-site consulting sessions with Mr. Day. Conducting an actual "walk through" of
a store allows Mr. Day to expand upon and personalize information from the previous
night's program, addressing the specific needs of each business.

The April 23 program, which will be held in Marshall's Public Services Building (900
South Marshall Street), will begin with light refreshments at 6:00 pm, followed at
6:30 by a 2-hour interactive presentation. Discussed will be such things as
maximizing sales per square foot, creating effective displays, and balancing return
and investment. Store owners, managers and staff can all benefit from the topics
slated for discussion. Those who plan to attend are requested to phone 269-727-0005
to reserve their space. Reservations are not required, but will ensure adequate
materials for all participants.

Due to time constraints, the individual consulting sessions on April 24 will be
limited to seven stores located within the Marshall Main Street district. Because
of demand, anyone interested in booking a session should contact Main Street
Manager, Diane Larkin, as soon as possible. There is no charge to business owners
for this on-site consultation; however, attendance at the preceding Wednesday night
session is required.
Mr. Day has 17 year's experience as a Senior Program Associate with the National
Trust for Historic Preservation's Main Street Center. This makes him uniquely
qualified to advise and assist in the revitalization of businesses in towns like
Marshall, which wish to maintain historic integrity while supporting commercial
growth.
For further information, contact Main Street Manager, Diane Larkin at
727-0005. This event is hosted by Marshall Main Street and sponsored by Michigan
Main Street.

Monday, February 25, 2008

Olson to resign; documents to be released




After two hours in closed session with Public Safety Chief Mike Olson, the Marshall City Council Monday reconvened into open session and agreed to accept his resignation, to enter into a separation agreement that pays him for sixty days retroactive to Jan. 25 and to release the documents that led city manager Chris Olson to lose confidence in his judgment. This action came after the council learned from its attorney prior to the closed meeting that Olson had filed a lawsuit seeking an injunction to prevent the documents from being released. Mike Olson declined to convey what the documents will reveal and said he will spend time playing golf before deciding what his future holds. Trustee Jim Dyer said the documents could be released as early as tomorrow and trustee Ron Goodwin said hearing from Olson himself helped to answer many questions he had in his mind since he was placed on administrative leave Jan. 21. See the the next Chronicle for more information revealed in the much anticipated documents.

This week's front page. Click for larger view.

Pending legislation protects police officials

Pending legislation would shield police officers who commit crimes from being held accountably by the public. Read more here at the Michigan Press Association.

Attorneys offer clarity on Jan. 22 closed meeting

Marshall City Council Trustee and municipal attorney Jim Dyer took umbrage with our position last week regarding the council’s Jan. 22 closed meeting called to consider attorney-client privileged written communication.
Last week, we investigated the claims made by a citizen and tried to get to the bottom of whether the meeting was legally held and concluded, based on Open Meetings Act interpretation listed on the Michigan Press Association website that the closed meeting might not have been legal because it had not been previously posted though the reason given for the meeting was valid.
Dyer contacted us Saturday and met with our editor Monday to explain further why the meeting did not need to be posted.
The Q&A section on which we based our opinion and conclusion that the meeting did not appear legal because it had not been separately posted referred to meetings held separately from regular, posted meetings in fact referred to a little bit different situation.
After hearing from Dyer, we checked with our Michigan Press Association Attorney to verify his claim that the meeting did not need to be posted because the meeting was called during an open and properly posted meeting.
“If you have a regularly scheduled meeting, you can vote to go into closed session,” said Dyer. “You do not have to make a secondary notice. If you are in a regular meeting and you are contemplating going into closed session, you can do that if you have a two-thirds majority vote to do so.”
An MPA hotline attorney specializing in Freedom of Information Act, Open Meetings Act and other issues of concerns to reporters agreed with Dyer that the meeting, held for the reason cited at the time it was called, was in fact a legal reason to hold a closed session and therefore, the meeting was legally held.
Minutes were taken as required by law and the vote to enter the session met the two-thirds requirement.
The MPA website reads:
“A public body can sometimes meet in closed session to consider material exempt by law such as a written opinion of the attorney covered by attorney-client privilege, or to discuss specific, pending litigation but they must post a notice that such a meeting will occur and follow the OMA’s additional requirement of taking minutes.”
Taken literally, the conclusion was drawn that this is what had occurred on Jan. 22 at Marshall Town Hall.
If there in fact was written communication from labor counsel for the council to consider, the meeting, called during a legal, open meeting, appears to meet all required criteria for holding such a meeting.
Although the council could have received the information in written form and been able to legally withhold the documents, the legal avenue for meeting behind closed doors with labor counsel is more ideal because it allows council members to ask questions and gain clarity from the attorney.
Based on this additional clarity from both Dyer and the Michigan Press Association, and, assuming there indeed was written attorney-client privileged communication to consider, we are satisfied that the Marshall City Council did nothing illegal.
We rest our case.

Thursday, February 21, 2008

Girls lose to Lumern Christi at districts, 60-55

The quest for a 12th straight district title ended Wednesday night in Brooklyn as the Marshall High School girls' varsity basketball team lost to Lumen Christi, 60-55 in the Class B district semi-finals. The game featured 21 ties or lead changes, including 19 in the second half as neither team held a lead of more than three points until the game's final seconds. Senior center Kelly Van Dyke's two free throws with just over a minute to play tied the game at 55, but Lumen hit three free throws over the next 30 seconds to go up 58-55. Junior guard Emily Townsend's three-point attempt with four seconds left was short and Lumen added two more free throws following a Marshall foul to seal the game. Marshall was led by junior guard Emily Nielsen's 17 points including four three-pointers.Nielsen fouled out in the game's final seconds. VanDyke scored 15 points in her final high school game. The Redhawks ended their season with a 12-9 record. "I couldn't be more prouder of these girls," said a tearful Sal Konkle after the game. The coach said that this was the team's best effort since losing junior guard Danielle Hicks to an injured knee last month.

Wednesday, February 20, 2008

Eclipse underway right now!


A lunar eclipse (pictured here in photo by Chronicle editor Shelly Sulser) is half way through its cycle at 10:01 p.m. Wednesday over West Michigan as Marshall man and Olivet College adjunct astronomy professor Eric Sullivan predicted. Watch out your window for the second half of the celestial show that reportedly will not occur again until 2010. Look for cameo appearances by Saturn and the bright star Regulus on either side of the veiled full moon.

Vice president coming to Marshall


A spokesperson for 7th Distric U.S. Rep. Tim Walberg has confirmed that U.S. Vice President Dick Cheney is scheduled to visit the Marshall home of Fred and Arlene Homann next month to stump for the republican congressman's re-election campaign. "I am very excited to have the Vice President come to Calhoun County," Walberg said Wednesday. Fred Homann, who listed his 17 1/2 Mile Road mansion for $5.5 million, said the event is a fundraiser for Walberg. Homann said he was asked by his friend, Curtis Whittaker, part owner of Southern Exposure near Marshall, to host the event. "I said 'sure, to help the party,'" said Homann, a native of Germany who said he supports President George W. Bush and Cheney and their efforts in Iraq. He also would like to see Congress returned to republican control. Watch this Saturday's Chronicle for more information.

City expects public statement on Olson Feb. 25

Marshall City Manager Chris Olson Tuesday said he expects to make a public announcement that will help explain the reason for the sudden departure of ex-public safety director Mike Olson from the city's staff immediately following a closed hearing between him and the Marshall City Council Monday, Feb. 25 at 7 p.m. that the former chief has requested. Council member Brent Williams said federal employment law has prevented officials from explaining Olson's status and reasons for his separation from city employment which occurred at a time when the department was also experiencing a vacancy in the deputy chief job due to the resignation of Brett Pehrson. See the next Chronicle for more on this story.

Tuesday, February 19, 2008

Flossie Maynard turns 100 today


Marshall resident Flossie Maynard celebrates her 100th birthday today, Tuesday, Feb. 19. Her children are Marlene Glotfelty, Roger Maynard and Elizabeth Ingram. Flossie moved to Marshall 10 years ago from Elkton and now lives at the Verona Adult Foster Care facility. Watch this Wednesday's Advisor for her birthday announcement and Saturday's Chronicle for more on Flossie and what it takes to become a centenarian.

Marshall High School announces cast for spring play

Marshall High School will be presenting the spring play, Rebel Without a Cause, dramatized by James Fuller from the screenplay by Stewart Stern, Adaption by Irving Shulman from a story by Nicholas Ray.
The play closely follows the classic James Dean movie about rebellious teens in the 1950’s. We have a great cast and are in the process for rehearsing for our production March 7-8 7:30 and March 9t at 2:30.
The admission is free, donations will be accepted at the door to cover at the door to cover our production costs, said director Mike Fitzpatrick.

Student assistant directors are Howie Olds and Jordan Seely and costume designer is Cynthia Salinas.

“We have a fantastic group of students who are going to do a wonderful job,” said Fitzpatrick.
The cast includes the following:
Buzz: Andrew Johnson
Jim: Jeff Lindsey
Officer Mullen: Phill Dulaney
Judy: Angela Eash
Plato: Tony Scamihorn
Mrs. Davis: Brittany Liptow
Ray: Zachariah Deitrich
Mr. Stark: Chris Wilcox
Mrs. Stark: Niki Thurman
Grandma: Hayley Hanway
Belle: Emily Tierney
Miss Hannington: Aimee Walsh
Crunch: Robert Brownell
Goon: Jacques Short II
Moose: Caleb “The Dark” Knight (Understudy Plato)
Helen: Kate Bauer
Millie: Brittany Johnson
Lecturer: Meredith Leininger (Understudy Judy)
Mr. Brown: Adam Gross
Mrs. Brown: Christine Chaney
Officer One: Ben Elston
Officer Two: Gabe Aikins

Alaska raffle tickets on sale now

Tickets are now on sale for the annual Alaska Great Lakes project raffle. Proceeds will benefit this year's trip by over 70 eighth grade and Marshall High School students who will have the experience of a lifetime exploring the 50th state.
Prizes range from $25 to $300 and are determined by the Michigan Daily Lottery number drawn each evening from March 3-March 29. Tickets cost $20 and are being sold by trip participants throughout the community. They can also be purchased from Dave Wester, 781-8277 or Claudia Murch 781-7992.

Friday, February 15, 2008

Olson breaks his silence

Marshall Public Safety Chief Mike Olson, who has been absent since he was placed on administrative leave Jan. 22-25, followed by an undisclosed status, broke his silence Friday when he returned a phone call from Chronicle Editor Shelly Sulser. Olson, whom city officials have said no longer works for the city (which is now advertising for a new director of public safety) has made a request of the city. See the Saturday, Feb. 16 Chronicle for what it is Olson is seeking and when that request could be granted. The Chronicle is delivered free, door to door to 11,000 homes and businesses in central Calhoun County and is available on newsstands all over Marshall and at the offices of the Battle Creek Shopper, 1361 E. Columbia Avenue.

Tuesday, February 12, 2008

At least five accidents close I-94





At least five accidents, some of which appear here, closed I-94 on both east and westbound sides between Helmer Road and 11 Mile Road Tuesday afternoon during slick road conditions and poor visibility. The wind caused brief white out conditions while snow that began earlier in the afternoon dumped heavy amounts causing roadways to become snow covered and hazardous. Traffic was running between 50 and 65 mph between Marshall and Battle Creek at 4 p.m. but numerous accidents starting at 11 Mile Road and continuing west reduced speeds to 5 mph. Police reportedly diverted westbound traffic onto Capital Avenue at about 4:30 p.m. Chronicle Editor Shelly Sulser witnessed numerous slide-off scenes in the median and on the shoulder and one pickup truck with front end damage. No reports of injuries are available at this time.

Blood drive Feb. 18 at Wright Building

A Red Cross Blood Drive is scheduled for Monday, Feb. 18 at Oaklawn Hospital from 11 a.m. to 4:45 p.m. in the Wright Medical Building on the third floor.
Anyone in good health who is at least 17 and weighs at least 110 pounds may give blood. There is no upper age limit. There must be at least 56 days since the last donation. It is important to eat a good meal and drink plenty of fluids before giving blood. There are a few medical restrictions such a recent surgery, taking certain medications, recent cancer, a non-sterile tattoo or body piercing in the past year or travel to certain foreign countries. The Red Cross head nurse at the drive can answer questions and is now encouraging donors to make appointments which will be given preference over walk-ins.
Call 1-800-GIVELIFE.
Donors must have a photo ID or donor card to donate.

Franke to award ultimate vacation

Area residents who would like to vacation in England, Tampa,
FL, or Chicago will have one last chance to win an
extravagant trip to one of these destinations this week.
The prizes are to be given away at a Valentine's party at
the Franke Center for the Arts, 214 East Mansion Street,
Marshall. The party, which will feature entertainment by
singer Randy Lake, begins at 7 p.m. with the drawing to be
held at 7:30 p.m.
A maximum of 500 tickets will be sold for the drawing,
according to Kathie Boyer, Franke Center Executive Director.
"That means the chance of winning is excellent."
The prizes include a week at one or more of three wonderful
bed and breakfast establishments in England plus a $5,000
cash card "that will easily cover your travel to England,"
two weeks at Saddlebrook Resort in Tampa, FL, with a $1,000
cash card, and a weekend in Chicago, IL, with a $500 cash
card. Also to be given away will be season tickets to both
the Franke Center series and the Marshall Civic Players'
season, and season tickets to the Franke Center. "Both
ticket packages are worth more than the price of the
ticket," Boyer said.
Tickets may still be purchase from members of the Franke
Center Board of Directors and at the Franke Center, 789-9677
between 1 and 5 p.m. daily.
For further details, please call the Franke Center for the
Arts.

Victorian Nesting party at Honolulu house

The Honolulu House will be the setting for a unique Valentine's Day exhibit Saturday February 16th from 12-5 p.m. Exhibits will include a Victorian "Nesting" party, how to host a Valentine's Day high tea and a unique floral display explaining the definition of each bloom to help you choose the perfect bouquet of affection. Also on display will be the wedding collection of Carrie Cameron who lived in the Honolulu House and the museum's own collection of Valentine's Day cards. The gift shop will be open and will include special markdowns on Valentine's Day merchandise. Admission is $5 per person. Visit the website at www.marshallhistoricalsociety.org for more details about this special Valentine's Day event.

Slight Warmup in the Midwest with More Snow to Come

AccuWeather.com News Forecast
State College, Pa. -- February 12, 2008 -- AccuWeather.com reports that as the major Eastern storm moves off toward the Atlantic, the Midwest will pick up 1 to 3 inches of snow and possibly ice and sleet to the south. Another storm system will bring a few snow showers to the northern Plains and Upper Midwest.

There will not be much of a break before the next storm system arrives Tuesday night to Wednesday with more snow and cold temperatures. The slightly milder temperatures will be a welcome change compared to the dangerous cold that affected the area last weekend and early this week.

Scam Alert issued today

PRESS RELEASE
February 12, 2008
For Immediate Release

SCAM ALERT

Today, Anne Norlander, Calhoun County Clerk and Register of Deeds, issued a Scam Alert. She received a faxed copy of a letter from the National Deed Service, Inc., 3330 Dundee Road, Suite S-5, Northbrook, Illinois 60062. The letter, addressed to Joseph and Mary L. Hepp of Battle Creek contained their Property Deed Document number and the date it was recorded in the Calhoun County Clerk and Register of Deed’s office. The letter stated that the U.S. Government Federal Citizen Information Center website recommends that property owners should have a certified copy of their deed and to obtain a certified copy of their deed they must complete the order form at the bottom of the letter and return it in the enclosed postage paid envelope with their payment of “$69.50”!

THIS IS A SCAM! even though there is a disclaimer on the form that states: many government records are available free or at a nominal cost from government agencies.

If Joe and Mary Hepp wanted a copy of their deed from the Calhoun County Clerk and Register of Deeds office, it would cost them $1.00 for their one page deed and $1.00 to certify the document. For $2.00 the Hepps would have their certified deed.

Please don’t be misled by this unscrupulous solicitation. Anne Norlander appreciates receiving a copy of this Scam Letter from Joe and Mary Hepp. Because of them, Norlander is alerting the citizens of Calhoun County and hopefully saving them a great deal of money. Please call the Calhoun County Clerk and Register of Deed’s office in Marshall at (269) 781-0707 for further information.

Anne Norlander
Calhoun County Clerk and Register of Deeds

This week's front page. Click for larger view.

Sunday, February 10, 2008

Allman's Marshall Retail Center conceptual site plan to get review


Though it's not on the meeting notice and is only meant to gauge community support, Trae Allman and Kevin Nielsen's proposed site plan for the 63 acres they purchased at I-94 and Old US 27 North known as The Crossings will be a topic at the Feb. 14 Joint Planning Commission Meeting at Marshall City Hall at 7 p.m. said City of Marshall Zoning Administrator Natalie Dean. The drawing shows a 40-foot buffer zone along 16 1/2 Mile Road and is labeled the Marshall Retail Center.

City will put deputy chief hiring on hold until new chief found

City officials have said they are waiting for a decision from Public Safety Director Mike Olson before moving forward with the release of more but still limited information and with the search for his replacement in the wake of his sudden and unexplained departure Jan. 22. Olson was place on administrative leave that day until Jan. 25 and has been on an undisclosed status since. Det./Sgt. Scott McDonald is serving as acting chief while the fire service is being operated by its three, assistant fire chiefs. The deadline for deputy chief applications, to fill the vacancy left by the Jan. 6 departure of Brett Pehrson to accept a new job as chief in Coldwater, was Feb. 1. City Manager Chris Olson said the new public safety director will have a role in to play in the hiring of the new deputy chief.

Thursday, February 7, 2008

Still no sign of missing Marshall woman

Police said Thursday they still have no clues as to the whereabouts of mentally disabled person, 28-year-old Courtney Helen Cook who walked away from her North Eagle Street home early on Jan. 19. Police are continuing the search.

Saturday, February 2, 2008

Mike Olson is out

Marshall Public Safety Chief Mike Olson will not be returning to the City of Marshall staff, according to Marshall City Manager Chris Olson. Olson told the Chronicle this week that while Mike Olson's status currently has no description, the city will be seeking a new public safety director. Meanwhile, with the deputy chief position also vacant, Det./Sgt. Scott McDonald is filling a leadership position, along with Sgts. Josh Lankerd and Tim Bryant. Neither Mike Olson nor city council members will comment on the reason for the chief's departure but more information on his status could be forthcoming at Monday night's council meeting depending on the outcome of "a meeting" he is having today, Chris Olson said Friday. For an in depth story on this issue, see today's Marshall Chronicle, on news stands now.