Should
Carl Lind be recalled for failing to serve as he
promised?
I
sent the following by email to Carl Lind, the
chairman of the Iron
County Board and therefore the
individual designated by the FOIA
statute as the
individual in charge of FOIA appeals.
====================================
*FOIA Appeal*
3 June 2013
Mr. Carl Lind
Crystal Falls MI 49920
Dear Mr. Lind:
This appeal covers the reply by the Iron County
FOIA Coordinator to issue #2 in my FOIA request
dated 11 May 2013 and answered 16 May 2013 as
follows:
2) MCL 234(3) requires, in part, that Iron County
"a public body shall establish and publish procedures
and guidelines to implement this subsection." I wish
to review that published "procedures and guidelines"
3 June 2013
Mr. Carl Lind
Crystal Falls MI 49920
Dear Mr. Lind:
This appeal covers the reply by the Iron County
FOIA Coordinator to issue #2 in my FOIA request
dated 11 May 2013 and answered 16 May 2013 as
follows:
2) MCL 234(3) requires, in part, that Iron County
"a public body shall establish and publish procedures
and guidelines to implement this subsection." I wish
to review that published "procedures and guidelines"
document.
Although the cover letter in reply to my request
states, "Your request is granted" the actual
response (all documents pertinent to this appeal are
attached) is a simple evasion. The consequence is
a de facto failure to reply that, as spelled out in the
FOIA statutes, provides this window for the formal
appeal you are presently reading.
This appeal asks you for a complete and legitimate
answer to my MCL 15.234(3) relevant request as
stated above. Any failure to provide a copy of the
"procedures and guidelines" requested for review
will be taken by the undersigned as a knowing
violation by Iron County of state statutes. In that
event, the only available understanding will be
that either statutes are being violated by failing to
publish the documents as required under state law,
or that Iron County published them and is
withholding them from public view in an attempt to
conceal knowing violations of the statutes as well as
your own published procedures and guidelines. Or
perhaps all the violative elements above.
Ultimately the questions resolve to a decision
whether Iron County is so married to what gives
the appearance of corrupt practices relevant to
financial matters that the county board will require
court proceedings to resolve the issues. The fact
that you have what amounts to a new county board
affords you a window to correct past bad practices
that I have lately called to your attention. You would
be surprised how much easier it is to voluntarily
come into compliance with state laws than it is to
embrace the bad practices handed to all of us by
past boards. Settlement of financial issues is always
better, and far less expensive, for all parties than
involving the judicial department of government in
matters such as are before us.
I wish all of us, Iron County government, and the
public you work for, the best.
===================================
Although the cover letter in reply to my request
states, "Your request is granted" the actual
response (all documents pertinent to this appeal are
attached) is a simple evasion. The consequence is
a de facto failure to reply that, as spelled out in the
FOIA statutes, provides this window for the formal
appeal you are presently reading.
This appeal asks you for a complete and legitimate
answer to my MCL 15.234(3) relevant request as
stated above. Any failure to provide a copy of the
"procedures and guidelines" requested for review
will be taken by the undersigned as a knowing
violation by Iron County of state statutes. In that
event, the only available understanding will be
that either statutes are being violated by failing to
publish the documents as required under state law,
or that Iron County published them and is
withholding them from public view in an attempt to
conceal knowing violations of the statutes as well as
your own published procedures and guidelines. Or
perhaps all the violative elements above.
Ultimately the questions resolve to a decision
whether Iron County is so married to what gives
the appearance of corrupt practices relevant to
financial matters that the county board will require
court proceedings to resolve the issues. The fact
that you have what amounts to a new county board
affords you a window to correct past bad practices
that I have lately called to your attention. You would
be surprised how much easier it is to voluntarily
come into compliance with state laws than it is to
embrace the bad practices handed to all of us by
past boards. Settlement of financial issues is always
better, and far less expensive, for all parties than
involving the judicial department of government in
matters such as are before us.
I wish all of us, Iron County government, and the
public you work for, the best.
===================================
Only parts of the reply,
received 29 May 2013
through the US Postal Service, are repeated below.
Although the entire reply from Mr. Lind is
objectionable to any thinking citizen, we are not
prepared to write a textbook on the matter of
misconduct as it relates to the Freedom of
Information Act,
through the US Postal Service, are repeated below.
Although the entire reply from Mr. Lind is
objectionable to any thinking citizen, we are not
prepared to write a textbook on the matter of
misconduct as it relates to the Freedom of
Information Act,
Lind's
Reply includes: “You
have suggested that the
County of Iron needs to 'publish procedures and
guidelines' to comport with the requirements of
the statute.”
County of Iron needs to 'publish procedures and
guidelines' to comport with the requirements of
the statute.”
In
a word, NO! I made no suggestions, I quoted the
state statute. Mr. Lind has a severe reading and
comprehension problem. Can such an individual be
qualified to be Chairman of the Iron County Board
of Commissioner? They certainly shouldn't be.
state statute. Mr. Lind has a severe reading and
comprehension problem. Can such an individual be
qualified to be Chairman of the Iron County Board
of Commissioner? They certainly shouldn't be.
Then
Lind goes completely berserk with his next
sentence,
sentence,
“The
requirements of the statute can not be
modified by the County of Iron.”
modified by the County of Iron.”
What
substance have you been imbibing, sir? There
is no logical conclusion resulting from my request(s)
that can possibly lead any sane, or as usually stated in
case law, prudent man, to bring such ideas into the
discussion. In fact, this is a classical “straw man”
style of argument. Lind makes up a story, loosely
attributes it to the FOIA appeal, and then proceeds,
very ineptly, to answer it.
is no logical conclusion resulting from my request(s)
that can possibly lead any sane, or as usually stated in
case law, prudent man, to bring such ideas into the
discussion. In fact, this is a classical “straw man”
style of argument. Lind makes up a story, loosely
attributes it to the FOIA appeal, and then proceeds,
very ineptly, to answer it.
Lind
continues: “In
Tallman
v Cheboygan
Area
Schools, 183 Mich App 123; 454 NW2d 171 (1990)
the court clearly stated that "The Legislature
specifically mandated the method of charging a
fee, . . .”
Schools, 183 Mich App 123; 454 NW2d 171 (1990)
the court clearly stated that "The Legislature
specifically mandated the method of charging a
fee, . . .”
Since
you've gotten to the point of actually citing a
case in the Michigan court, did you actually read the
case and understand it? Here's the gravamen of that
verdict as it applies here:
case in the Michigan court, did you actually read the
case and understand it? Here's the gravamen of that
verdict as it applies here:
“A
public body is not at liberty to simply "choose"
how much it will charge for records. To permit such
action would effectively allow the public body to
override the directive of the Legislature.”
how much it will charge for records. To permit such
action would effectively allow the public body to
override the directive of the Legislature.”
Yet
this is precisely on point and one of the issues I
have earlier argued. I wrote about this problem, and
how Iron County violated state statute precisely as
the Court in Tallman held, and violates it still, along
with the judicial finding in the case you cited. See
http://tinyurl.com/k6b7s35 that I published on
June 2, 2013.
have earlier argued. I wrote about this problem, and
how Iron County violated state statute precisely as
the Court in Tallman held, and violates it still, along
with the judicial finding in the case you cited. See
http://tinyurl.com/k6b7s35 that I published on
June 2, 2013.
We
should be done with Mr. Lind at this juncture,
but alas there are a few more topics that must be
addressed in order to complete this task. The nuns
that provided my grammar school education drilled
into me, “Any job worth doing is worth doing well!”
I believed them then and I hold fast to that sentiment
today. Would that Mr. Lind experienced his
education at the hands of those same nuns. We
would all be better off for it.
but alas there are a few more topics that must be
addressed in order to complete this task. The nuns
that provided my grammar school education drilled
into me, “Any job worth doing is worth doing well!”
I believed them then and I hold fast to that sentiment
today. Would that Mr. Lind experienced his
education at the hands of those same nuns. We
would all be better off for it.
Lind
replied: “In light of the fact that all existing
public records requested from the County of Iron
have been provided to you, your appeal is denied.
The County of Iron has already provided the '... full
and complete information . . . contained in the
public records' that were requested.”
public records requested from the County of Iron
have been provided to you, your appeal is denied.
The County of Iron has already provided the '... full
and complete information . . . contained in the
public records' that were requested.”
Given
these circumstances I'd have expected no less
of the Chairman of the Iron County Board, believe
me. Not a single public record that I requested has
ever been provided. Lind relies on an unstated claim
by the county that there are no records, with Iron
County thereby violating state law, while stating he
has provided your humble correspondent with all
the available documents. The claim that the
requested documents do not exist is designed to
conceal numerous other violations of state laws.
of the Chairman of the Iron County Board, believe
me. Not a single public record that I requested has
ever been provided. Lind relies on an unstated claim
by the county that there are no records, with Iron
County thereby violating state law, while stating he
has provided your humble correspondent with all
the available documents. The claim that the
requested documents do not exist is designed to
conceal numerous other violations of state laws.
Here's
the rub. Government workers do not
function at all without official guidelines and
procedures. That's precisely why the legislature
incorporated the requirement for a published
guideline into statute. But if those guidelines
and procedures are provided, as they are
required by law to be provided upon request,
they must include the State of Michigan
instructions on how to determine the cost of
copies, another section of the law that Lind,
and Iron County, both knowingly violate.
function at all without official guidelines and
procedures. That's precisely why the legislature
incorporated the requirement for a published
guideline into statute. But if those guidelines
and procedures are provided, as they are
required by law to be provided upon request,
they must include the State of Michigan
instructions on how to determine the cost of
copies, another section of the law that Lind,
and Iron County, both knowingly violate.
As
we were growing up, most of us encountered
the wisdom about lying that once you tell one, they
just keep growing, one atop the other in order to
keep covering up the original lie along with all the
other lies that grew out of it. (Sometimes we, the
observers, say nothing, when the lies are
inconsequential.) That's likely what I have
encountered, and will continue to uncover as I
pursue this Iron County FOIA sequence of what
appears to be lies piled atop lies.
the wisdom about lying that once you tell one, they
just keep growing, one atop the other in order to
keep covering up the original lie along with all the
other lies that grew out of it. (Sometimes we, the
observers, say nothing, when the lies are
inconsequential.) That's likely what I have
encountered, and will continue to uncover as I
pursue this Iron County FOIA sequence of what
appears to be lies piled atop lies.
This
current series of FOIA requests has become
the newer version of the Tom King saga wherein
Iron County violated the laws of the state at every
turn while feigning having complied. It seems that
even with changes in elected officials, Iron
County has retained these lousy stripes. That's
merely another example that the corporate culture
has not changed. Indeed, Peter's Principle (which
see) has played its nasty role.
the newer version of the Tom King saga wherein
Iron County violated the laws of the state at every
turn while feigning having complied. It seems that
even with changes in elected officials, Iron
County has retained these lousy stripes. That's
merely another example that the corporate culture
has not changed. Indeed, Peter's Principle (which
see) has played its nasty role.
But
we saved the greatest baloney (the descriptive
plays well in prime time version of an expression of
disdain) for last.
plays well in prime time version of an expression of
disdain) for last.
Lind
wrote: “It should be noted that future county
budgets are likely to be posted on the County of
Iron website for direct viewing by anyone interested
to do so.”
budgets are likely to be posted on the County of
Iron website for direct viewing by anyone interested
to do so.”
Really,
Mr. Lind? Are you going to post all 114
pages, and perhaps more? Or will you post truly
obsolete information similar to this:
http://www.ironcountymcf.com/manor.htm
pages, and perhaps more? Or will you post truly
obsolete information similar to this:
http://www.ironcountymcf.com/manor.htm
It seems that everyone but Iron County officialdom
already knows that Crystal Manor has not been a
county-owned nursing home for a very long time,
and that it has not only passed to private ownership
but has been re-purposed as rental housing. Iron
County is well known for incompetence with
managing internet web pages. And that's why,
years later, the public continues to pay for the
county's internet publication of misinformation.
The
crux of the important issue was clearly stated
by the judge writing the opinion in the Tallman Case:
by the judge writing the opinion in the Tallman Case:
“We
acknowledge that the amount in dispute in
this lawsuit is economically insubstantial.
Nevertheless, the public policy of this state
entitling the public to be informed is clear and the
this lawsuit is economically insubstantial.
Nevertheless, the public policy of this state
entitling the public to be informed is clear and the
legislative procedure to
accomplish the public
policy must be observed.”
policy must be observed.”
A quick estimate of the
“income” generated for Iron
County through their misapplication of FOIA “fees”
in violation of statute, holds that in the realm of
county government, even giving away the documents
to all comers wouldn't amount to a teacup full of
water being tossed into Lake Superior. The original
Michigan Freedom of Information Act was enacted in
1977, well over 3 decades ago. The the state legislature
has modified it a number of times and there are two
bills presently in the works to simplify it even further.
That also means there's better than a 30 year judicial
history, and numerous state issued booklets, Attorney
General Opinions, as well as municipal guidance
organizational booklets available affording guidance
about compliance with the FOIA laws. But Mr. Lind
still can't get it right despite all this assistance available
to him.
County through their misapplication of FOIA “fees”
in violation of statute, holds that in the realm of
county government, even giving away the documents
to all comers wouldn't amount to a teacup full of
water being tossed into Lake Superior. The original
Michigan Freedom of Information Act was enacted in
1977, well over 3 decades ago. The the state legislature
has modified it a number of times and there are two
bills presently in the works to simplify it even further.
That also means there's better than a 30 year judicial
history, and numerous state issued booklets, Attorney
General Opinions, as well as municipal guidance
organizational booklets available affording guidance
about compliance with the FOIA laws. But Mr. Lind
still can't get it right despite all this assistance available
to him.
Doesn't County Government
have enough to keep
elected officials busy with significant issues? Out of
the difficulties the county owned nursing home has
been having regarding the purchase of necessary
drugs for the patients grew my idea that Iron County
should establish its own pharmacy. Then the impact
of this FOIA nonsense got in the way of my
spreading the word. But why should the county have
to rely on me in the first place? Isn't that why we
have elected officials and paid advisers?
Another input brought to light that County Health
Departments are already licensed to dispense drugs,
so the natural entity would be our health department.
But “our” health department is combined with
Dickinson County. So the entity that could be
created could serve all government employees in
both counties as well as the nursing home as a non-
profit pharmacy, thereby saving taxpayers in both
counties substantial money. You'd think that this
concept, already introduced to the county, would
be the sort of thing elected officials would grab and
run with, instead of carrying on and wasting their
time playing stupid insane games about FOIA fees.
elected officials busy with significant issues? Out of
the difficulties the county owned nursing home has
been having regarding the purchase of necessary
drugs for the patients grew my idea that Iron County
should establish its own pharmacy. Then the impact
of this FOIA nonsense got in the way of my
spreading the word. But why should the county have
to rely on me in the first place? Isn't that why we
have elected officials and paid advisers?
Another input brought to light that County Health
Departments are already licensed to dispense drugs,
so the natural entity would be our health department.
But “our” health department is combined with
Dickinson County. So the entity that could be
created could serve all government employees in
both counties as well as the nursing home as a non-
profit pharmacy, thereby saving taxpayers in both
counties substantial money. You'd think that this
concept, already introduced to the county, would
be the sort of thing elected officials would grab and
run with, instead of carrying on and wasting their
time playing stupid insane games about FOIA fees.
I also approached county
officials with an idea (the
result of a question raised in response to my article
about Crivitz) on how to get US2 through traffic
stopped in Iron County long enough to get to know
us, hopefully (because we're attractive enough) to
participate in our economy. I concurrently resolved,
in the best possible way, the placement of a
substantial future county airport.
If we're not attractive enough, why aren't you
working to fix that? For example, why hasn't the
county, along with the City of Iron River, applied
to the legislators to allow the beautification of the
Iron River as it passes through town?
There you have 2 major self-supporting projects
that would actually help the county and its citizens
that were presented, and the ball simply dropped
because our elected officials are hell bent on
getting 30 cents a page for FOIA results.And I've
only scratched the surface on the possibilities for
our region!
result of a question raised in response to my article
about Crivitz) on how to get US2 through traffic
stopped in Iron County long enough to get to know
us, hopefully (because we're attractive enough) to
participate in our economy. I concurrently resolved,
in the best possible way, the placement of a
substantial future county airport.
If we're not attractive enough, why aren't you
working to fix that? For example, why hasn't the
county, along with the City of Iron River, applied
to the legislators to allow the beautification of the
Iron River as it passes through town?
There you have 2 major self-supporting projects
that would actually help the county and its citizens
that were presented, and the ball simply dropped
because our elected officials are hell bent on
getting 30 cents a page for FOIA results.And I've
only scratched the surface on the possibilities for
our region!
Given that the demands
placed directly on the
Iron County Board by the State of Michigan as
regards interaction with the public are very few
and very easy to obey, the fact that Iron County,
by and through Carl Lind not only fail, but
arrogantly refuse, to abide by those requirements
leads us, as viewers of governmental bad conduct,
to wonder whether this is the consequence of
incompetence or insanity.
Iron County Board by the State of Michigan as
regards interaction with the public are very few
and very easy to obey, the fact that Iron County,
by and through Carl Lind not only fail, but
arrogantly refuse, to abide by those requirements
leads us, as viewers of governmental bad conduct,
to wonder whether this is the consequence of
incompetence or insanity.
Frankly my first (and
continuing) personal
reaction to having read Lind's letter was one of,
reaction to having read Lind's letter was one of,
“Are you insane?”
And I promptly realized I
had stated the question
aloud. I still don't know for sure what the answer is.
And the entire incident possibly doesn't seem very
important to most readers, until you consider that if
Carl Lind is incapable of executing the easiest tasks
of his office as required, what is he doing with the
more complex ones? He was, after all, a city
councilman for Crystal Falls while the seeds of
financial failure were being sowed for that city. The
essential question now is, can he foresee the
directions in which he is presently "leading" Iron
County?
The fact that the county has dropped the ball on
both the pharmacy and increasing tourism projects
yields to the natural conclusion that Carl Lind keeps
tripping over dollar bills in order to pick up pennies.
Is that the government you want? Really?
aloud. I still don't know for sure what the answer is.
And the entire incident possibly doesn't seem very
important to most readers, until you consider that if
Carl Lind is incapable of executing the easiest tasks
of his office as required, what is he doing with the
more complex ones? He was, after all, a city
councilman for Crystal Falls while the seeds of
financial failure were being sowed for that city. The
essential question now is, can he foresee the
directions in which he is presently "leading" Iron
County?
The fact that the county has dropped the ball on
both the pharmacy and increasing tourism projects
yields to the natural conclusion that Carl Lind keeps
tripping over dollar bills in order to pick up pennies.
Is that the government you want? Really?
Who is watching?
Who is reporting?
We recently published an
article about other trusted
county employees routinely sneaking out of the office
on Friday afternoons. They need ongoing supervision,
as does Carl Lind in his position of County
Commissioner. But that should not be necessary at
this level for an elected official. Under those
circumstances we have to say that it is your humble
correspondent's opinion that since Mr. Lind cannot
comply with the essentials of his office in this simple
matter then he's categorically unqualified to hold the
position he occupies.
county employees routinely sneaking out of the office
on Friday afternoons. They need ongoing supervision,
as does Carl Lind in his position of County
Commissioner. But that should not be necessary at
this level for an elected official. Under those
circumstances we have to say that it is your humble
correspondent's opinion that since Mr. Lind cannot
comply with the essentials of his office in this simple
matter then he's categorically unqualified to hold the
position he occupies.
So
should Carl Lind be recalled? That's up to the
voters. But it is the opinion of your humble
correspondent that if Carl Lind is an honest and
honorable man. he should resign immediately to
make way for someone who knows how to
prioritize what's important and what is “insane”
behavior by the county board and those who
advise them.
There's a lot to achieve here in Iron County, but
we have (probably more than one) public officials
hell bent on power plays instead of real progress.
Can we get rid of them?
voters. But it is the opinion of your humble
correspondent that if Carl Lind is an honest and
honorable man. he should resign immediately to
make way for someone who knows how to
prioritize what's important and what is “insane”
behavior by the county board and those who
advise them.
There's a lot to achieve here in Iron County, but
we have (probably more than one) public officials
hell bent on power plays instead of real progress.
Can we get rid of them?
Bill
Vajk
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