Bob Guenzel's Update on Police Services

Nineteen months ago, three Townships – Ypsilanti, Augusta and Salem, filed suit against the County, the Board and me concerning changes to the way police services are provided, and the costs for those services. Last Friday we got a lot closer to the end of this costly and protracted litigation with a ruling from the presiding judge. I’ll do my best to be brief on how the court ruled.

As you may remember, ten of the thirteen claims made by the three Townships were dismissed last year. Last Friday Judge Joseph Costello handed down his ruling on the three remaining claims, as well as a ruling on the County’s counterclaim to recover the costs for providing police services under the new contract that the suing Townships refused to sign for nearly a year, until signing the new contract, and paying the new rates, in December of 2006.

The three claims left by the (plaintiff) Townships were

1. that, in 2006, the County was “arbitrary and capricious” in adopting the new rate to be charged to the townships in order to continue police services;
2. that the County impermissibly charged the Townships for the cost of mandated services; and  
3. that the County violated the Open Meetings Act when the Leadership Committee of the Board of Commissioners met to discuss Sheriff Minzey's request to be represented by legal counsel, separate from the County’s attorneys.

The Judge dismissed the Townships’ first two claims (that the County was arbitrary and capricious in setting rates and that the County impermissibly charged the townships for mandated services) related to the County’s provision of police services.  The Court found that the County Board and Administration had acted properly throughout the entire process of determining the fees to be charged contracting municipalities for road patrol and never acted in an arbitrary or capricious manner.  

On the Open Meetings Act claim, the Judge held that the County did violate the Open Meetings Act when its Leadership Committee met to discuss Sheriff Minzey’s request for the County to pay for a separate attorney in this matter. Although the Judge acknowledged that the County held the meeting in a public place, kept minutes of the meeting and posted notice of the meeting, he concluded that the County’s notice of the Leadership Committee meeting was deficient because it didn’t indicate that a quorum of the Board of Commissioners would be present at that meeting and could thereby pass law.  Judge Costello wrote that, while he doesn’t believe that the Open Meetings Act requires such information, one recent Court of Appeals did rule that such additional information must be on the Open Meetings Act notice. Accordingly, Judge Costello indicated he was bound by this decision to hold the County in violation of the Open Meetings Act.   

Judge Costello also denied the Townships’ request for injunctive relief under the Open Meetings Act on the grounds that, since the Leadership Committee has subsequently been disbanded, there is no governmental entity that could be enjoined. 

Finally, the Judge ruled against the County and in favor of the Townships on the County’s counterclaim for recovery of the unpaid amounts in the new contract for services for most of 2006. The Judge ruled that once the Townships signed the police services contract late in 2006, the County’s claim for additional costs became moot.  

The only item left to be considered in this long and costly legal saga is how much in the way of attorney fees, if any, the townships are entitled to from the County as a result of the County’s technical violation of the Open Meetings Act.  I presume that this will be determined during our next, hopefully last, hearing set for later this month.

Since all of the rest of the claims have now been dismissed, there will be no trial.

Certainly there is some part of this outcome, that twelve of the thirteen claims made against the County were dismissed, that is gratifying.  Especially in light of the fact that the one claim that survived had nothing to do with why the suits were originally brought, the issue of police services for Augusta, Salem and Ypsilanti Townships.

But, after so much money spent on these suits – by both sides; after hours into months of work by staff who needed to be deposed and put on the stand; and after extremely tense, even acrimonious debate, that phrase, “there will be no trial,” is the most agreeable part of these findings.

Now, to work on more productive things…

I hope it's a great week for all of us. 

Bob

PS: If you need more information on the Court’s ruling, or have other concerns, please feel free to contact me.