Fred Roperti's Reflections

Can You Be Sued For Asking Questions?

Apparently our “new” township attorney, Carol Rosati, thinks you can. I’ve received two letters from Ms. Rosati (see below) that state that “you can be sued” and “you could be liable for treble damages,” for asking questions at the February 12, 2010 board meeting, then telling the Salem public about these unanswered questions in my newsletter.

Download Carol Rosati Threat to sue Roperti for asking Questions

Download Carol Rosati Threat to sue Roperti, 2nd Letter

 

I DID ask the board if they knew of Ms. Rosati’s involvement in the landmark case known as Sandstone v Novi, as well as Salem Properties v Salem Township and REIS/Shostak v Northville Township. In her letters threatening to sue me she confirmed what I said, that she was absolutely involved in each of the cases I mentioned.

 

So what's the problem??

 

Since she wasn’t at the meeting it would be an obvious conclusion that someone at the meeting “brought to her attention” the questions I asked of the board. There were only two types of people at the meeting, members of the public and Board members. How likely do you think it is that members of the public have the ability to bring something to our attorney’s attention? Then the only alternative is that someone on the township board made her “aware” of my questions, perhaps misrepresenting their content in the process. Perhaps that explains why Ms. Rosati found it necessary to “cc” (send a copy to) "Robert Heyl, Township Supervisor," and the “Township Board.” This letter, which completely misrepresented my questions and accuses me of lying, has been FOIA’d, and has been provided by the township free of charge.  Perhaps someone else might be liable for treble damages.  

 

Do you find it scary that Ms. Rosati, this township’s legal representative, would write a letter threatening a lawsuit when she apparently didn’t have first-hand or verified information of what the alleged offense actually was? As you know, complete audio of the meeting is readily available, I doubt the township would make her pay for it, and she can always look at my website for absolutely free.

 

Definition of Irony

Now here’s the kicker, and it might be comic if it weren’t true…see if you can follow this sequence of events -

This township board

 

…that just patted itself on the back for settling an ACLU lawsuit,

…that was brought against me as Supervisor for asking 2 residents to follow the meeting rules,

…that was brought by Bob Uherek (who is current Treasurer Paul Uherek’s father), and O'Neill Muirhead

…who both admitted during depositions to being out of order during the meeting,  

…who both admitted during depositions that they weren't thrown out of the meeting, but decided to leave of their own will,

…and now that same township board has hired a “new” attorney that is threatening to sue me, a township resident, for asking questions at a township board meeting, without being out of order.

If you're wondering why this lawsuit settled with any payment to the Plaintiff's at all, it's a simple matter of money. Many times the best solution for someone that hasn't done anything is to fold – I’ll pay you to stop costing me attorney fees, as the cost of settlement is less than fighting you in court. It’s no victory, and it’s nothing to be proud of, no more than the parents of the school bully who takes your lunch in exchange for not beating you up should be proud of the bully’s “work.”

 

 

Now the township decided to go the extra mile, and pass a resolution about what already is a fact – which is like having a police department pass a resolution that says, “we don’t agree with murder.”

 

Here’s the resolution, as passed, and it’s really a masterpiece of word art -

 

“The township acknowledges that it is a violation of the First Amendment for a township official to eject a citizen from a public meeting because the citizen has criticized the official's performance at the appropriate time of the meeting pursuant to the township's rules.”

 

Is it just me or is that masterfully written to lead you to believe that the plaintiff’s were not out of order, which they were, and admitted being so.

 

The township resolves to respect the First Amendment rights of its citizens and to recognize the right of the members of the public to criticize, consistent with township rules, township officials based on their performance without fear of any adverse consequences.

 

Do you think that the two letters I received which threatened lawsuit might be considered “adverse consequences” for “criticism of the township board?”

I wonder why more people don't want to get involved with the township - could it be that a lawsuit might be imminent if you ask questions that they don't like?

HOW MUCH DID YOU SAY??

When I saw the Board Packet online for the February 12th Board Meeting, there was a bill for $21,831 for the month of December submitted by Johnson and Rosati, our “new” legal firm.  There was no active litigation during this time as the arbitration was already won by Mr. Winters.  During this holiday period, there was a maximum of 22 business days which comes to an average of $992 each and every business day.  I considered this billing to be on the high side. 

I was already puzzled over the two letters I’ve received from Ms. Rosati, threatening to sue me because she didn’t like the questions I was asking at the Board Meetings. Since the first threatening letter was copied to the Board, I had already decided to find out if my funds as a township resident were being used to threaten to sue me! After seeing Ms. Rosati’s bill, I wondered how much Ms. Rosati may have charged the township to create her letters to threaten me, so off to the board meeting I went.  I did ask for permission to speak at the February 9th meeting despite the atmosphere (read WELCOME TO THE POLICE STATE here), and asked the following questions at the Feb 9 board meeting:

 

Good evening. I have several questions that I would like to ask the board regarding the approval of Legal expenses for the month of January. The billing for Johnson Rosati is nearly $22,000 for about a month's work. At $175/hour, the billing comes to about 125 hours of legal work. If the billing was for 4 weeks it comes to about 31 hours/wk. There was no litigation and it occurred sometime during the Thanksgiving and Christmas Holidays. I guess one could say Merry Christmas. My questions are as follows:

> Please explain the basis and justification for the nearly $22,000 bill.

> Does the billing include the time for Ms Rosati to write the letter I hold in my hand threatening to sue me for the questions I asked at the last board meeting? One would conclude the purpose of the letter is to intimidate a resident.

> This letter was copied to the Supervisor and to the Board. I would like to know the names of the board members who had any discussions with Ms Rosati before it was mailed out.

> I would like to know the names of the board members who had no knowledge of this letter, before it was mailed out.

So now we have the police called on the residents and the new attorney hired by the board sending a threatening letter to a resident. Is this what is meant by the campaign promise: "If elected Supervisor, I will work hard to make sure the residents' rights are not trampled on, and they are shown courtesy and respect when dealing with Township Government?

Thank you.

I did not, and have not, received any answers to my questions. At that board meeting Trustee Brien Witkowski brought forth a motion to have the Carol Rosati's letter which threatened to sue me added to the agenda for discussion, but it was voted down 4 to 3, by  Supervisor Heyl, Treasurer Uherek, Trustees Van Fossen and Wallazy.  Why?  Are they trying to hide something?  Is this open and transparent government they promised during the election campaign?

Advice to Trustee Witkowski – since you asked questions about Ms. Rosati in public, just be careful so that you won’t also get a threatening letter.

WELCOME TO THE POLICE STATE

I attended the February 9th Board meeting to make some further inquiries about the curious goings on at Township Hall. Imagine my surprise at being greeted by two Police, a Deputy and a Sergeant. Just inside the doors to the meeting hall, they were a very visible presence to everyone attending the board meeting. Since Supervisor Heyl has made it a point not to invite the police officers to any board meetings to provide a status of monthly police activity, I asked the officers why they were there. They confirmed that they were requested by the Supervisor to be present at the meeting, although not for their report.

This seems to be a new and disturbing pattern…as you know, the police were called at the January 12 board meeting at the request of Supervisor Heyl and Treasurer Uherek when the public kept asking questions that were not being answered. Three Sheriff's deputies showed up at that meeting to intimidate the public, which by the way, we pay for.

Now at the February 9th Board meeting, apparently two armed police wasn’t enough to make Mr. Heyl feel in control. Several times he told the audience members to “shut up,” not to applause, or laugh when questions or statements were made that Mr. Heyl did not approve of. In fact, one resident approached the two police and complained that resident’s rights were being violated by Mr. Heyl and requested they take appropriate action. They said they couldn't do anything about it, I guess it's going to be up to us to demand the type of governace that we want. Please attend the February16th Town Hall Forum

Upcoming Events

Hi all -

I've been so busy since the First edition of Salem Township News hit your mailboxes, I think I've forgotten to breathe at times. Many meetings, phone calls, and emails. All are a joy to receive because I know that you care about our community and its future as much as I do.

The next board meeting is next Tuesday, February 9th. You may want to consider going to that, I will because I'm really interested to learn how our new attorney firm managed to spend and bill the township $21,000, with no active litigation, in FOUR WEEKS. 

Yes, that would be the same firm that was selected without following the Salem bid policy on November 24. Hmm, I wonder how the costs got so high when there was no active litigation, and there were several holidays - does our new firm work on Thanksgiving, Christmas, Hanukkah, Kwanza, New Years and MLK Day? Perhaps our new attorney works on holidays, and charged overtime.

On the 16th of February, the township will be hosting an open forumn meeting where people can speak for more than 2 minutes (perhaps). I'm working on a solution to the problems that my Newsletter brought out, specifically, lack of meaningful information coming from the township to residents, failure to utlize appropiate bid policies and failure to inform all board members of activities undertaken by Board members, and failure to maintain campaign promises. I'm really pleased how the solution is shaping up, and I'll be ready to share it with you soon. My goal is to require all members of the Salem board to be accountable for their actions, so that further privately created newsletters aren't necessary - wouldn't it be nice if someone in government did their job with the best interests of the People in mind?

Anyway, here is the Agenda for the Tuesday, February 16th meeting -

SALEM TOWNSHIP

BOARD OF TRUSTEES

SPECIAL TOWN HALL PUBLIC FORUM

February 16, 2010

7:30 P.M. – 9:30 P.M.

AGENDA

1. PLEDGE OF ALLEGIANCE

2. ROLL CALL:

BOARD OF TRUSTEE:

Bejin_____, Heyl_____, Trent_____, Uherek_____,

Van Fossen_____, Wallazy_____, Witkowski_____.

3. APPROVAL OF AGENDA:

4. PRESENTATION: Outline of forum by Moderator Salem Township

Supervisor Robert Heyl.

5. PUBLIC DISCUSSION ITEMS:

A. Neighborhood Watch

B. Public services: Police, Fire, Roads, Government etc.

C. Vision for Salem’s Future

D. Quality of Life, Expectations, Improvements etc.

E. Open Forum

6. ADJOURNMENT

Salem First or Politics First?

I can't stop thinking of why four Board Members, in a 2-hour Board meeting, would vote to replace our Attorney Firm, McLain and Winters, and actually hire a replacement without prior notice to the public and three board members - other than when it showed up as an Agenda item three days before the meeting.  Then to hire a new Attorney after a few presentations but without serious deliberation or public debate, without considering the potential serious consequences?  That is, they hired an attorney firm whose last action in Salem Township in 2001 was writing and submitting a "Consent Judgement" (you can view it here Salem prop judg) to the Court for approval of a 16-pump gas station, a fast food restaurant, a sit-down restaurant, and a Retail Shopping Center on Gotfredson Road near the M-14 interchange.  This action was recommended as the best course of action based on their expertise. As we know, the entire case was later dismissed by the court through our now former township attorney Doug Winters intervention, when he pointed out that the developer had not completed all available administrative remedies. That's just common sense whether you're an attorney or not.   Does this sound like a wise and prudent deliberation, or some kind of political pay back?  The four Board Members who pushed this motion through are Supervisor Robert Heyl, Treasurer Paul Uherek, and Trustees Marcia Van Fossen and Wayne Wallazy. 

 

Where else in the midst of highly developed communities could you find another Salem where we still have working dairy and horse farms, and hundreds of acres of open space for the growing of hay and corn, and produce farms growing sweet corn, tomatoes, and pumpkins instead of seeing sub-divisions or a "Retail Shopping Center"?  Where else would you find so many woodlands that give us peace and quiet and is Mother Nature's showplace for spring and fall colors?  Or the deer and their fawns coming out of the woods to graze in your back yard?   Where else would you find  wetlands where busy muskrats are building homes that the Egrets find to be a great place for sunning once the early morning mist slowly gives way to the warmth of the sun?  Where hawks make lazy circles in the sky?  Where we still do not have any strip malls, not even one gas station along with their traffic congestion?  

Would anyone ever think that this came about by accident?  We have been fortunate that during the time of extreme growth in surrounding areas that we had board members, and a Planning Commission that had a vision and dreams and took necessary action to keep those visions and dreams alive.  And even more fortunate that we had an attorney Doug Winters that shared those same dreams who showed us the way, the correct way, protected from outside interests who only had self-interests in mind.  An attorney that found for us another attorney John Whitman, from the Garan Lucow law firm, that was not intimidated by big name law firms and was instrumental in achieving a monumental decision against Gas Recovery Systems)  (GRS - they produce gas from our landfill) that will provide Salem with financial wealth and stability for at least the next 30 years. (you can view a copy of the check here Download GRS check).

I might have gotten on my soap box a bit, but I am passionate about Salem Township.  I'm grateful to all those that have helped to keep our quality of life as we know it today.  And the more people that can help keep this vision and dream alive, the better off we will all be.  I hope you will remember the names of the above four Board Members.

Sincerely,

Fred 

Hello Neighbor, thanks for visiting.

While my blog had an amazing amount of hits during the campaign of 2008, I really haven't posted since then. I've been busy catching up on things that I put off during my eight years in office.

I had planned to keep up with family and friends through "Reflections" but find that there's some things going on down at the Township Hall that needs to be brought into the light. And I'm sure that's what brought you to here today.

As I said it my first post (Flag Day 2008) so many months ago now,

 "I'd personally love to let someone else handle the 10 hour days, day in and day out, the phone calls at all hours, and the good stuff too. But as a resident, I don't want to see my way of life ruined by selfish desires of others, I don't want to see my property value become nothing when Salem becomes another urban sprawl statistic, and I can't walk away from a tremendous amount of blood, sweat, tears and time (6 years on the Planning Commission, 8 years as Township Supervisor) to see it all for naught."

And I'm very concerned about the spending, back room deals, decisions made for "politics" rather than the best interests of We the People in mind. Please come along on this journey by keeping up here and at www.Salem-Township.info. You'll find the new stuff below and at right as it happens.

Best always, Fred

PS - That fella on the tractor is not me, but I wish it was!

Appearance of Impropriety

You know, it boggles the mind. Why can't the Salem Township Board act like real people? Why the secrets? Why all the back-room political games? Have they taken their direction from Nancy Pelosi (accusing others of lying as misdirection for their own lies)?

Seriously, we all have better things to do than keep an eagle eye on this board.

It's now come out that the three board members that didn't know anything about this (Bejin, Trent, Witkowski), were in the dark a lot longer than they knew. It came out during the meeting that Supervisor Bob Heyl was emailing and talking on the phone with other law firms as far back as July of this year. WHY be so unprofessional about all this? WHY?

Which brings up another point, does that mean that the attorney firms that were vying to become Salem's new attorney firm were doing what is commonly called "ambulance chasing"? Or more pointedly, who violated their oath of office?

Note: This has nothing to do with political party. I hope we all know that liars do not prefer one party over the other.

The Deed is Done - WITHOUT....

Hi again,

Despite the questions I asked (see yesterday's post, "Did you know...") the board voted 4 to 3 to install Johnson and Rosati as Salem's new legal firm. Hmm. Win every case brought by a developer for a township, get replaced without so much as a "thank you." Does that strike you as professional? Would you run your life or business that way?

When the Salem Board voted 4 to 3 to replace Salem’s legal representation of McLain & Winters with Johnson & Rosati might it be said that they did so WITHOUT YOU IN MIND?

It defintely was done:

·     without searching for the best legal representation possible, admitting “political” motivations (please see the A2 News article, Salem Township Officials Fire Longtime Attorney in Controversial Vote.

·     without due diligence or consideration for the records of the firms under consideration.

·     without notice to three Board members, the public or the current attorney.

·     without consideration for the pending $50,000,000⁰⁰ (fifty million dollar) arbitration,  against the highly successful winning attorney for developers: Robert M. Carson - what will the arbitrators think of a township board that replaces the attorney that argued before them, without notifying him or the other board members? If you were an arbitrator on this case would you think the Salem Board was honest and above reproach?

·     without consideration for the nine-year, undefeated record of Doug Winters against developers, attorney of record from McLain and Winters, and on-going litigation issues.

·     without consideration for the losses of Carol Rosati (Johnson & Rosati) to Robert M. Carson.

·     without checking the claims of Carol Rosati that she “knows how to deal with Carson” (did she mean by losing to him?).

·     without consideration for Johnson and Rosati’s prior experience with Salem township, when they were replaced in 1997 because they could not fulfill Salem’s need for an attorney firm that  could successfully deal with challenges that developers were posing then – is this déjà vu all over again?

·     without consideration of Carol Rosati’s proposed consent judgment on Salem’s behalf to allow a 16-pump gas station with fast food restaurant, 6000 sq ft restaurant, and 35,000 sq ft retail shopping center in direct violation of our Growth Management plan and zoning laws protecting us from uncontrolled sprawl.

·     without consideration that the above consent judgment was not approved and the entire suit dismissed only through Doug Winters’ intervention. (You’ll note that there is not a shopping center, restaurant and huge gas station, along with the uncontrolled, unregulated growth in Salem today – you can thank Doug Winters for that, even if our township board doesn’t).

 

 

DID YOU KNOW THE TOWNSHIP IS VOTING TO REPLACE TOWNSHIP ATTORNEY'S AT TOMORROW'S MEETING?

Yes, I mean the same attorney's that have kept us rural and tax free by (among other things) winning a $2.1 million judgement and restoring our monthly income? Did you get notice about this? I didn't. Here are my questions to the board, I hope you join me in asking our representatives for explanations.

From the Desk of A.A. Roperti….11/23/09

To the Salem Board of Trustees:

I will be seeking answers to the following - at the appropriate time - during the Salem Board of Trustees meeting to be held this Tuesday, November 24, regarding agenda item: Interview and Selection of Salem Township Legal Counsel. I am providing these 10 questions in advance to avoid surprise, and to facilitate intelligent and useful debate and discussion. I apologize for the lateness of this document, but it was unavoidable due to this agenda item just becoming available to the public.

1. The township has retained its rural character, quality of living, and local tax-free status due in large part to the successful, committed and honest representation that McLain and Winters has provided Salem over the past nine years. Why are you considering replacing them?

2. To seek to replace Mclain and Winters with minimal notice, at a meeting held two days before a major holiday gives the appearance of impropriety, why is it important to do this so quickly, and seemingly under the radar of the public?

3. In speaking with a trustee, I am informed that he did not know of this agenda item until he got his board packet. A committed township attorney is the lynch pin of a successful township - board discussion, motions, and ordinances are worthless without having the ability to enforce the vision of the people, and for someone willing to do the best for the township without limits. Why would this board not do everything it can to make all its members aware of what it is planning in so crucial a decision? Why would the Board want to put less effort into finding attorney representation than it does in finding someone to cut the lawn? Surely this board recognizes that attorney representation is more important than lawn care to the future of this township.

4. Why is the board considering applications from attorney firms that have not provided their hourly rate, relevant references, and history?

5. Why is the board considering applications from attorney firms that represent developers that have sued townships in behalf of the developers? Are these firms willing to divest themselves from developer clients should Salem Township decide to allow them to represent them?

6. Why is the bid proposal policy being waived when it does not apply to professional services such as selection of township attorney? It gives the appearance that there is misdirection afoot. What is the purpose of this motion?

7. It is known that Johnson and Rosati previously represented the township, and that rather than go to court to uphold our township zoning ordinances, they began negotiations for a gas station, fast food restaurant and other such businesses in our township. Which board members support Johnson and Rosetti for township attorneys?

8. It is also known that Marcia Van Fossen has a personal relationship with the principals of Johnson and Rosati. How did their name come to be on the short list of potential law firms?

9. It is known that Mr. Winters represented Supervisor Heyl’s neighbor in a dispute over a kiddie pool. Mrs. Heyl as president of the neighborhood association spearheaded the actions against the neighbor’s pool. I would like to give Mr. Heyl the opportunity to speak openly about this to dispel any cloud of personal motivation superseding the township’s best interests. The timing and lack of notice of this action, especially in light of the victories that McLain and Winters can claim on behalf of the people of Salem township, already raise a cloud of suspicion for the motivation for these actions among reasonable people. To leave potential personal bias unexplored is to invite the public to mistrust the motivations of their elected officials.

10. I have heard that there was extensive email conversations held with these law firms without full board knowledge. Can those board members that had these conversations identify themselves, and describe the nature of these email conversations?

Memories of the Class of 1949 - the Plymouth Rocks

Our Plymouth High School class of '49 held a 60th reunion on September 12, 2009 at the Hilton on Sheldon Rd.  It's hard to believe 60 years have gone by since graduation, where oh where did the time go, and so quickly?  I lived in Livonia, as did others in my class, and we had to bused to Plymouth since we did not have a high school in Livonia at that time although they were working on Bentley High.  There we were, 18 years old and ready to conquer the world, and now those of us left are now 78 years old.  But everyone attending the reunion all really looked good.  In fact, the good-looking girls attending the reunion looked VERY good.  Maybe it's just ego that I don't want to consider myself, or my classmates, as old people.

 

Out of our class of 130, 39 attended our 60th reunion.  Sadly to say that 69 classmates are deceased, and we haven't heard from at least 22 others.  Three of us live in Salem Township, including Ferman Rohraff and Bob Houghton.  I was on the reunion committee to help out but Doris Tillotson White and Dick Weinert did most of the work and we are grateful for their effort at every 5 year reunion.  Several of us were asked to speak to tell about our most interesting experiences, mine being the Township Supervisor for 8 years.

 

I think about my good buddies from Livonia:  Don Patterson, Ted Burton, Jim Wagenschutz, and Jim Kolak and all the fun we used to have.  Don Patterson was probably my best buddy and we used to hang around together driving our Fathers' cars around going to fast food drive-ins, which were plenty in those days.  My favorite memory was Don Patterson and I driving around Hines Park at night looking for parked cars.  When we found one, we threw a lighted fire cracker under the parked car.  The couple in the car would get a rude awakening and they would yell and cuss at us, and we would take off laughing.  Well, one evening we did that to a couple in a 1940 Chevy.  At that time we were driving Don's car, a 1932 Chevy, that his dad gave to him for a birthday present.  This guy in the '40 Chevy was so enraged that he took after us!  We didn't know if he had a gun or what.  We got onto Schoolcraft Road fairly quick heading east, but the top speed of our Chevy was only 61 mph, but the guy's car was much faster.  We tried to lock our doors, but they could only be locked from the outside.  We were finally able to get the outside door key loose from the ignition key chain, while Don is yelling all the time "Alfred, get the censored door locked!"  So we're traveling 61 mph and I have my head outside trying to lock the damn door which finally got locked.  Eventually, the guy in the '40 Chevy gave up the chase, and I can assure you we were  relieved.  Needless to say, we gave up this kind of fun and spent more time at the drive-in's.

 

We had a great time at the reunion visiting with those we haven't seen for years.  Then talking about old times as though it was last week or something, but yet I can't remember things I did yesterday.  I'm hoping that somehow we could still have another re-union although it would be in 2014, that would be iffy at best.  In the meantime my best to all my classmates for good health and thanks for all the good memories as we prepare for another and new life. 

 

Fred