A stand against secret city files

Dear Editor,
The Clarkston News reported on the city’s victory in Susan Bisio’s Freedom of Information Act case (“Judge rules for city in FOIA case,” Oct. 26). As counsel for Mrs. Bisio, I want to clarify a few things.
The News report has some inaccuracies, apparently prompted by inaccuracies in the court’s opinion. The document request was not for “invoices to the city by [city attorney] Ryan.” Those are already in the public domain, since the monthly invoices are in city council packets posted on the city’s web site.
The request instead was for the records Ryan specifically identified in his invoices—records that, as the approved invoices show, he charged the city for creating or reviewing and that the city paid him to work on. The records involved the aborted coffee shop at 148 North Main and the aftermath of the tree removal at Waldon and Main.
The report lists a number of “[i]ndisputed facts” that were actually in dispute. One can forgive the News’ confusion on this point because the court’s opinion recites the city’s contentions as though they were actually admitted facts, which they were not.
It was not undisputed that “the contested records were not in the possession or owned by the city.” Although they are in the city attorney’s file and he didn’t bother to copy city officials to keep them informed about what he was doing on behalf of the city, they are nonetheless the city’s records.
The city acts through individuals such as the city attorney and the records they compile in the course of conducting city business are necessarily city records. If not, the city would have no records subject to FOIA, because everything the city does is done through individuals like the city attorney and, if their so-called “private files” are not public records, there are no city public records.
It was not undisputed that “private parties, not the city, prepared the contested records.”
Ryan and the city’s engineering firm prepared several of the contested records. The others were from attorneys representing property owners adverse to the city. In any case, it is not relevant who prepared the records.
The controlling test is whether the records were “prepared, owned, used, in the possession of, or retained” by the city. If an attorney adverse to the city sends a letter to the city attorney about a dispute with the city, one can reasonably say that the letter is at least “in the possession of, or retained” by the city.
Finally, it was not undisputed that the records were not “used or retained in the performance of an official function of the city.”
If Ryan was not performing some function for the city in his official capacity as a charter-appointed officer, then why was he billing the city and getting paid for this work?
Looking at the bigger picture, I have to ask, and I hope the new mayor, new council members, and new city manager will ask, why the city has spent so much time, effort, and taxpayer money on trying to keep the city attorney’s files secret.
It is curious that, in the same edition of the News, all four council candidates say they want to improve communication with their constituents.
One way they could do that would be to stop fighting to establish that city officials can maintain secret files about their conduct of city business and just turn over the records they have fought so hard to keep away from the public.
Mrs. Bisio has appealed the circuit court’s decision. I am confident that the Michigan Court of Appeals will uphold the principle that citizens are entitled to see what their government is doing and that a city cannot have its officials hide records about city business in their own little secret files.
Richard Bisio
Clarkston

Support for Choices Detroit appreciated

Dear Editor,
Thank you for the recent article highlighting the Oktoberfest fundraiser on Oct. 5 hosted by Choices Detroit-Women Discovering What Matters, a Clarkston-based nonprofit.
We were overwhelmed by the generosity of the businesses and residences of Clarkston. Another testimony to the heart and dedication of the people in our community.
With great enthusiasm and loads of fun we raised over $21,000 which will help support the continued mission of The Empowerment Plan to lift women out of shelters and give them security through training, employment and life skills.
Choices Detroit will also have funds to continue to console those who find themselves homeless in the upcoming winter months through food, clothing and loving support.
Thank you again Clarkston!
Please consider getting personally involved or lending a hand in our efforts. For further information please visit our website at www. choicesdetroit.com
Ann-Marie Neme
President, Choices Detroit