BY PHIL CUSTODIO
Clarkston News Editor
Clarkston City Council voted 6-1 to create a committee to review and create a contract for the city attorney.
“I’m not happy with the city’s representation mainly because of the FOIA lawsuit,” said Council member Sue Wylie, referring to resident Sue Bisio’s case against the city regarding a Freedom of Information request. “I think the city should have turned over those documents – in my opinion, once the city got involved in the lawsuit, he (city attorney Thomas Ryan) should have withdrawn from the lawsuit. He is a participant. He should only be a witness.”
Council member Eric Haven voted against the motion, saying it was presumptive to have an ad hoc committee in this case.
Council member Scott Reynolds said the lawsuit has been a “massive black cloud over the city.”
“It’s one of reasons why the election went a certain way. As a council, we need to work to put this behind us,” Reynolds said. “During the election campaign, when I walked to every home in village, the number one question was, should we release the documents.”
“The water is definitely muddied. How do we unmuddy it,” asked Council member Rick Detkowski.
Mayor Steve Percival said he wasn’t happy with the FOIA lawsuit.
“That’s a big driver for me, why I want to have it reviewed,” Percival said.
According to the City Charter, the City Council appoints the city attorney for an indefinite period. The attorney is “responsible to and serves at the pleasure of the council and shall have their compensation fixed by the council.”
Ryan charges $95 per hour in his invoices to the city.
Wylie’s motion was to create a committee including a current city council member and city manager to prepare a contract for legal services by the city attorney, with an April 15 deadline, in accordance with the City Charter and state law. City Council would have to vote to accept any contract recommendation.
“I would like to be on that committee,” Wylie said.
Council member Jason Kneisc said the first step is to create a contract.
“Let’s get a contract,” Kneisc said. “Based on the contract, step two, a performance review would be based on that.”
“I agree, getting a contract would be a good first step,” Wylie said.
Percival said they were not talking about who the attorney is, just about a contract, but Wylie disagreed.
“We are talking about who,” she said. “I believe very strongly in public access to documents. He himself unilaterally decided not to release the documents. I think as a city we should not be in a position of denying the public documents except under stated exemptions.”
“The fact is, we went to court, we were sued, and we won,” Kneisc said. “The judge ruling he (Ryan) was correct should have some value to you.”
“He was the one who decided not to turn over the documents,” Wylie said. “This why we should have a committee look over the idea and bring a recommendation back to council. Should we retain council, create a contract?”
Resident Lorry Mahler called for outside counsel to look at the FOIA lawsuit issue to provide an unbiased opinion.
The 18 documents in question in the lawsuit concerned development of 148 N. Main and vacant property at M-15 and Waldon Road. Both involve the children of Council member Sharron Catallo – restaurant developer Curt Catallo, who was considering development of 148 N. Main at the time, and Cara Catallo, who as a member of the Historic District Commission was dealing with the Waldon Road property at the time.
“Why these documents out of hundreds,” Mahler asked. “It’s a puzzle – I think the city needs to have answers.”
After the meeting, Sharron Catallo confronted Mahler and told her not to bring up her children again. The two exchanged words into the parking lot as they went home.