Friday, February 29, 2008
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
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.
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.
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.
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.
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