BY MATT MACKINDER
Clarkston News Editor

The five-year wait is over for Susan Bisio.
At the Clarkston City Council meeting Monday, October 12, the council voted to release the 18 documents Bisio had requested back in June 2015 as they pertained to city land developments.
James Tamm, the attorney representing the city in the lawsuit, advised council to release the documents that were allegedly stored on City Attorney Tom Ryan’s personal computer and not on city-owned technology.
Three more documents were released to Bisio on October 17.
After a Freedom of Information Act (FOIA) ruling came down in Bisio’s favor over the summer by the Michigan Supreme Court, a rehearing was denied in September.
Bisio posted all the documents she received on her website ClarkstonSecrets.com. In summary, the documents are mostly emails between Ryan, John Cecil, Neil Wallace, Gary Tressel, Tom Biehl, and Jeff Leib regarding legal and safety issues that arose during assessments for land development in Clarkston. The emails stretch from January 30, 2015 to May 19, 2015.
Clarkston Mayor Eric Haven commented on the situation but gave few details.
“City council moved to request 18 previously retained documents be released, of the over 800 Susan Bisio previously received under FOIA,” Haven said. “No one at the city has ever seen these documents. The motion also requested they be sent to city council members as well. This action was taken after our final appeal for rehearing of the Michigan Supreme Court decision was denied.
“Council really doesn’t have any other specific information at this time. We await further notification. As I said before, we are going through an orderly legal process step by step. I don’t want to report conjecture.”
Haven added that the positions of both parties are “clearly a matter of record.”
“The city prevailed in two lower courts,” said Haven. “People should ask why. The majority and dissenting positions of the Supreme Court are written in detail for all to read. I encourage all interested to do so and form their own opinion.
“Every decision handed down by a court has ramifications. I encourage every interested person to ask what the ramifications are of this decision. How and why does it matter, in Clarkston and beyond?”
Bisio wrote that the city council is not free and clear in this situation.
“They allowed a subordinate office – the city attorney – to make decisions independently, which resulted in almost five years of litigation,” Bisio said. “They were remarkably incurious about the content of the 18 records, even though they involved environmental concerns relating to Curt Catallo’s desire to build a coffee shop and Cara Catallo’s attacks on property owners for cutting down trees on their own property through the use of her authority as the Historic District Commission Chair. They also fully supported the insurance attorney’s conduct, to the extent they bothered to even inquire about it.
“And, when offered the opportunity to discuss reasonably resolving the lawsuit, the city council authorized more litigation, resulting in tens of thousands of dollars in increased fees and costs that will now be paid by Clarkston taxpayers.”
Bisio sees this decision as having an impact in future city business.
“The Freedom of Information Act gives us the right to hold our government accountable by giving us access to information, but that right is meaningless if FOIA requesters are met with the hide-the-records approach and scorched earth litigation policy endorsed by these lawyers and these organizations,” said Bisio. “Within the last few years, the Michigan Legislature considered the idea of an independent FOIA appeal board to (mostly) cut the lawyers out of the process, and they need revisit that.
“My case will give them a perfect opportunity to do so because the conduct of the city and their attorneys has been frankly outrageous. Since Clarkston doesn’t seem to mind being associated with hiding records, perhaps they also won’t mind being instrumental in providing additional rights to FOIA requesters.”
Sue Wylie was the lone council member to respond to an inquiry from The Clarkston News.
“I am not aware that public pressure had any effect on the council’s decision,” Wylie said. “I asked that the documents be released at the July 27 meeting, after the Michigan Supreme Court decision was released, but the rest of council did not agree.
“I do not know what (Bisio) will do with those documents. The city will probably be asked to pay some of Mrs. Bisio’s legal fees.
“I do not know what will happen at that point.”
Who will pay? And how much?
“I don’t know,” Wylie said.
Haven also said he didn’t know during the Oct. 12 meeting and Tamm commented that he was not an appellate lawyer.
Wylie said this decision will have ramifications at the state level, for sure.
“As I understand it, this decision will refine what must be released under the Freedom of Information Act,” said Wylie. “I think that is a win for people who want to be informed about their government.”
Wylie also admitted to having regrets about the Bisio situation.
“The city and its attorney should have released the requested documents when they were requested,” said Wylie. “By not complying, the city gave the appearance of an extreme lack of transparency and that they had something to hide.
“As a result, many citizens have lost trust in city government.”
Read more coverage of this situation in future editions of The Clarkston News.