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
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1 comment:
"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."
I disagree, Mr. City Manager. You are disclosing them so you can keep your job here. We've run better city managers off for less. You will be open and honest and you will keep us apprised of our city's business, or you will be sent away.
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