BY PHIL CUSTODIO
Clarkston News Editor
City of the Village of Clarkston prevailed in the July 3 ruling of the state Court of Appeals in a Freedom of Information Act lawsuit brought by resident Susan Bisio, but Clarkston City Council member Sue Wylie still had questions.
“What did we win?” Wylie asked at the July 9 City Council meeting. “We get to keep some emails secret that apparently no one in the city is aware of the contents. We get to keep information away from the residents and taxpayers of the city, who pay for the city to function. We have generated huge legal fees. Even if we do not pay for them directly as they are paid by our membership in MML (Michigan Municipal League), we and other municipalities do pay for them in higher dues.”
The appeals court ruled “public body” as defined by the state and regulated by FOIA, does not include village, city, nor township employees. However, the city charter states the city attorney is a public employee, she said.
“We can hide things with our attorney? We will forever be known as the city who fought FOIA and won. Not a good reputation,” she said. “What FOIA says, ‘It is the public policy of the state that all persons except those persons incarcerated in state or local corrections facilities, are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and public employees, consistent with this act. The people shall be informed so that they may fully participate in the democratic process.’ I don’t think that’s happening here.”
Mayor Steven Percival cautioned against too much discussion of the case, which can be appealed.
“We want to be careful about what we talk about,” Percival said. “We have won. They do have the right to appeal. There is no current case right now because they haven’t appealed yet.”
“I don’t view it as we won – we were sued and we defended ourselves,” said Council member Jason Kneisc.
Susan Bisio, represented by her attorney husband Richard Bisio, can appeal to the Michigan Supreme Court. However, the court does not have to hear the case, said city attorney Thomas Ryan.
“Four percent of all cases are heard by the supreme court,” Ryan said.
Percival said they can schedule a meeting with attorney James Tamm, who represented the city in the lawsuit, if the case continues.
The lawsuit stems from a Freedom of Information Act request by Susan Bisio in June 2015, requesting documents prepared for the city by city attorney Ryan.
The city declined to provide 18 documents, saying they were not public records according to state law. The contested records included emails from Jan. 30, 2015, to May 20, 2015, between Ryan and other attorneys and agencies related to proposed redevelopment of 148 N. Main Street, and cleanup of vacant property at M-15 and Waldon.
Bisio sued the city in December 2015 for violating FOIA, arguing records produced by Ryan were subject to it. Oakland County Circuit Court ruled in October 2016 in favor of the city, and Bisio appealed.
The Court of Appeals decided on July 3 to uphold the Circuit Court’s ruling in favor of the city.
According to the appeals ruling, the Circuit Court was correct – “public body” as defined by the state and regulated by FOIA, does not include village, city, nor township employees.