City Addresses Charges of Charter, Law Violations
By Ryan Schlehuber

Charges that Council violated the Open Meetings Act in a secret meeting with its building inspector and that the city violated the city charter's nepotism clause when it hired the daughter of a councilman this summer were among many agenda items discussed during St. Ignace City Council's meeting Tuesday, September 4.

In response to the Open Meetings Act charge, Council reaffirmed its decision, made following a closed-door meeting with Building Inspector Paul Sved August 20, to pay Mr. Sved for 40 hours of unused vacation time up to three times a year.

City Attorney Prentiss Brown Jr. contended that Council discussed the matter in private because Mr. Sved asked it to, and that a collective bargaining provision in the act allows that.

As for the nepotism charge, Council asked City Manager Eric Dodson to draft a summer internship policy and Mayor Paul Grondin vowed his support of Mr. Dodson in paying the daughter of Councilman Tom Della-Moretta, even if it was a violation of the charter.

The Open Meetings Act discussion was requested by resident Mary Nichols after reading charges in area newspapers that the closed-door discussion with Mr. Sved was illegal.

Mr. Brown, referring to a letter from The St. Ignace News protesting the meeting, argued that Council had the right to close the meeting under a collective bargaining clause in the Open Meetings Act, since, he said, Mr. Sved had requested the discussion to be private. This newspaper charged that the collective bargaining provision doesn't apply to a non-union employee.

The law, said Mr. Brown, "says collective bargaining, not union contracts. It can be private. If the person you're bargaining with wants it private, lights out, you have go private."

He later said if Council's decision to close the meeting is to be challenged, "we'll meet you up on top of the hill, at Circuit Court."

"It was no secret meeting," said Mayor Grondin. "It's been referred to as a secret meeting, but that is not the case."

The newspaper also contends that because Council's meeting violated the Open Meetings Act, the action it took following the closed session was illegal, because the public had a right to hear the discussion leading to the decision.

Councilman Don Gustafson led Council to reaffirm its previous decision to pay Mr. Sved for unused vacation time, which Council unanimously voted to do, however, the secret discussion, which lasted 32 minutes on August 20, was not disclosed.

City Manager's Payment to Intern Deemed Wrong

Discussion of one violation led into a discussion of another, City Manager Eric Dodson's violation of the city charter's anti-nepotism policy when he decided, without Council approval, to pay Gina Della-Moretta, daughter of Councilman Tom Della-Moretta, $1,600 for her summer work at the city's Recreation Department.

The issue was introduced by Councilwoman Susan Tamlyn-Massaway at Council's August 20 meeting. She stated that the charter does not allow a relative of an elected city official to be employed by the city. The issue should have been brought to Council before Miss Della-Moretta was hired, she added.

She was aware of the rule because her daughter was turned down for a marina job because of it, she said, and had advised Mr. Dodson of the matter in July.

Mr. Brown said Mr. Dodson, who did not speak during the discussion of the violation, had told him he merely was giving a stipend to Miss Della- Moretta to help defray costs of the internship that she was taking for a college course at Central Michigan University. Mr. Brown said Mr. Dodson was under the assumption that payment of less than minimum wage during the months she worked was allowed, but Mr. Brown said any payment is not allowed.

Miss Della-Moretta was paid $1,600 for her 12 weeks with the Recreation Department, which Mr. Dodson had said was to pay for 75% of her credited class.

The check, said Mrs. Tamlyn- Massaway at the last meeting, was made out to Miss Della-Moretta, not the college, as it should have been if the city supported paid internships.

Although there was no mention of asking for the money back, Mr. Brown advised Mr. Dodson to avoid such payments in the future. He also suggested that the city create a clearer policy that states the city supports the idea of providing internship opportunities, but without pay.

The charge of nepotism, which is showing favoritism to relatives in hiring decisions, was not resolved, and Ms. Tamlyn-Massaway did not press the issue, although Mayor Grondin said that violating the nepotism rule was justified.

"I'm going to stand with the city manager on this issue publicly, because I believe his intent was to help a college student defray some costs," the mayor said. "And it turns out that, in fact, that the stipend was a problem, then it shouldn't have been paid. But in the end, I think his intent was there to help a college student defray some costs. And in that respect, if it was in violation, then so be it, but I publicly support the manager on this issue."