The Iron County Animal Control Officer is the
subject of several upcoming stories. This
article is another example of how the county
works.
I originally sent a Freedom of Information request
to Sue Clisch, the county FOIA officer, by email.
A couple of weeks went by with no response, so I
telephoned. The result of the phone call was a
statement that the request had not been received.
That's the last time I'll count on email to deliver
anything to Iron County
On May 20th I sent a copy through the US Postal
Service. You can read all the documents relevant
to this story in one spot by clicking here.
The text for my FOIA comes directly from Michigan
statute MCL 287.289b which you can read in the third
page in the link above.
On May 28th I received a reply that it would take
more time to provide the answers. It seems to me
that if the county is in compliance with the statute
the county should know it, and should have all the
information at their fingertips. It shouldn't take
research by a number of people and the associated
expense of such a search. It is the business of the
county to comply with the law and to know how and
when the law was complied with.
Is our dogcatcher in his position legally, or did
the county illegally waive the requirements imposed
on them by state law in order to hire the son of
the chairman of the county board of commissioners?
I await the answer to all these questions with baited
breath.
Bill Vajk
Tuesday, June 1, 2010
Thursday, May 27, 2010
A Brief View on Propaganda
While the following is a national and international
issue, it is also going to have very strong effects
locally.
Propaganda has been running some of what passes
as news in the USA for a while. The case that brought
this debacle to my attention again has to do with global
warming. There was a small article on the first page of
the Iron Mountain Daily News of Tuesday, May 25, 2010
that was headlined, "Scientists urge coal, oil use penalties."
It was an Associated Press (AP) article.
A quick look on the internet at AP and "global warming"
brings up tons of references to the contents of the
article with varying lengths. They all refer to a
statement issued by the National Academy of Sciences
where that group has crossed over from scientific
findings into giving political advice.
So the first thing I did was to search out who funds the
National Academy. You guessed it, of course it is funded
by the US Government.
The second thing was to look at who the members are. That
is discoverable at click here.
If you take a look at the credentials of the folks there,
all working on the various projects for free, but also
for the prestige that comes with being appointed to the
academy, we find virtually no one who is associated with
climate studies in the real, non-political, world. In
fact a review of the people demonstrates that most of
them have advanced degrees in everything but climate
related studies.
In short, we have an organization that gives the pretense
of being composed of brilliant folks who are in effect
nothing more than a rubber stamp for whatever the executive
branch of the federal government decides they must tell
you, the public, in order to add apparent credibility to
whatever the president is pushing this term.
Think about it a little. Legitimate science has never
had anything at all to say about penalties. Science is
the study of nature, pure and simple. The Obama
administration has destroyed whatever credibility the
National Academies have had in the past. And there are
other National Academies besides the one on science. It
is not a legitimate function of the Academy of Science
to decide what possible political solutions may be,
only to give opinions on what science determines cause
and effect to be after qualifying the results by
providing a legitimate double blind study.
In the case of climate, we don't know what causes the
climate to behave as it does, and as it has, even before
humans were on the scene possibly causing some of
the changes. But we don't know with any certainty. The
erratic long term history of climate, facts we have
discerned by studying ice samples from the polar
regions, has been subject to extreme changes long
before man was on earth.
The realities of factors other than fuel consumption do
not play well where the "cap N tax" bunch is concerned.
Yes, the CO2 levels are rising at a rate not seen in the
last 650,000 years. But then the rate of deforestation
has taken off too.
http://news.mongabay.com/2005/1124-climate.html
http://www.mongabay.com/brazil.html
It seems to me that before our government proclaims by
fiat that humanity is to blame for rising temperatures, a
real study that clearly demonstrates cause and effect
should be funded and undertaken. The problem with
that is, of course, that the agenda of the "cap N tax"
bunch might take more time, and the underlying
reasons for what amounts to an effective government
takeover of energy, and consequently the entire world
economy, might be thwarted.
So the government, wishing to fool as much of the public
as possible into believing an urgent need to pay more to
our government for energy, spreads propaganda in every
conceivable way in order to support their agenda. Here's
the sad fact. The administration doesn't want to save the
planet. The administration is seeking unbridled political
power. And it looks like we're well on out way to handing
it over to them.
As I've said before, if you want to understand what's going
on in Washington, you have only to look at the political
antics of the European communists during the last century.
Those who keep saying that it can't happen here are going
to wake up one day with the realization that yes, dangit,
it can.
Bill Vajk
issue, it is also going to have very strong effects
locally.
Propaganda has been running some of what passes
as news in the USA for a while. The case that brought
this debacle to my attention again has to do with global
warming. There was a small article on the first page of
the Iron Mountain Daily News of Tuesday, May 25, 2010
that was headlined, "Scientists urge coal, oil use penalties."
It was an Associated Press (AP) article.
A quick look on the internet at AP and "global warming"
brings up tons of references to the contents of the
article with varying lengths. They all refer to a
statement issued by the National Academy of Sciences
where that group has crossed over from scientific
findings into giving political advice.
So the first thing I did was to search out who funds the
National Academy. You guessed it, of course it is funded
by the US Government.
The second thing was to look at who the members are. That
is discoverable at click here.
If you take a look at the credentials of the folks there,
all working on the various projects for free, but also
for the prestige that comes with being appointed to the
academy, we find virtually no one who is associated with
climate studies in the real, non-political, world. In
fact a review of the people demonstrates that most of
them have advanced degrees in everything but climate
related studies.
In short, we have an organization that gives the pretense
of being composed of brilliant folks who are in effect
nothing more than a rubber stamp for whatever the executive
branch of the federal government decides they must tell
you, the public, in order to add apparent credibility to
whatever the president is pushing this term.
Think about it a little. Legitimate science has never
had anything at all to say about penalties. Science is
the study of nature, pure and simple. The Obama
administration has destroyed whatever credibility the
National Academies have had in the past. And there are
other National Academies besides the one on science. It
is not a legitimate function of the Academy of Science
to decide what possible political solutions may be,
only to give opinions on what science determines cause
and effect to be after qualifying the results by
providing a legitimate double blind study.
In the case of climate, we don't know what causes the
climate to behave as it does, and as it has, even before
humans were on the scene possibly causing some of
the changes. But we don't know with any certainty. The
erratic long term history of climate, facts we have
discerned by studying ice samples from the polar
regions, has been subject to extreme changes long
before man was on earth.
The realities of factors other than fuel consumption do
not play well where the "cap N tax" bunch is concerned.
Yes, the CO2 levels are rising at a rate not seen in the
last 650,000 years. But then the rate of deforestation
has taken off too.
http://news.mongabay.com/2005/1124-climate.html
http://www.mongabay.com/brazil.html
It seems to me that before our government proclaims by
fiat that humanity is to blame for rising temperatures, a
real study that clearly demonstrates cause and effect
should be funded and undertaken. The problem with
that is, of course, that the agenda of the "cap N tax"
bunch might take more time, and the underlying
reasons for what amounts to an effective government
takeover of energy, and consequently the entire world
economy, might be thwarted.
So the government, wishing to fool as much of the public
as possible into believing an urgent need to pay more to
our government for energy, spreads propaganda in every
conceivable way in order to support their agenda. Here's
the sad fact. The administration doesn't want to save the
planet. The administration is seeking unbridled political
power. And it looks like we're well on out way to handing
it over to them.
As I've said before, if you want to understand what's going
on in Washington, you have only to look at the political
antics of the European communists during the last century.
Those who keep saying that it can't happen here are going
to wake up one day with the realization that yes, dangit,
it can.
Bill Vajk
Monday, May 24, 2010
Another Form of Identity Theft
I got an email over the weekend designed to steal
information about me. Please never answer an email
like this.
===================================================
Subject: Alert: Finalization
We are shutting down some email accounts and your
account was automatically chosen to be deleted. If
you are still interested in using our email service
please fill in the space below for verification
purpose by clicking the reply button:
User Name:
Pass word:
Birth date:
Country:
Verification code: 59cd2e83-7597dce9-741ef4fb5
Warning!!!! Account details not received within
72hours will be automatically shut down and closed
permanently.
==================================================
Some people use the same password for everything.
That's not a good idea. If you've answered any
requests similar to the above you have a problem.
Bill Vajk
information about me. Please never answer an email
like this.
===================================================
Subject: Alert: Finalization
We are shutting down some email accounts and your
account was automatically chosen to be deleted. If
you are still interested in using our email service
please fill in the space below for verification
purpose by clicking the reply button:
User Name:
Pass word:
Birth date:
Country:
Verification code: 59cd2e83-7597dce9-741ef4fb5
Warning!!!! Account details not received within
72hours will be automatically shut down and closed
permanently.
==================================================
Some people use the same password for everything.
That's not a good idea. If you've answered any
requests similar to the above you have a problem.
Bill Vajk
Friday, May 21, 2010
The Local News (again)
If we had a comprehensive and active local
news media in place, doing what they are
supposed to be doing, this publication would
not be necessary. What follows is an example
of the shortfalls.
On May 11, 2010, Iron River Township had two
meetings. The first one had a tremendous
attendance (for this township) of an estimated
100 people. It was the planning and zoning board
meeting attended by citizens who were apparently
as mad as hornets whose nest had been disturbed.
The discussion was about the proposed Blight
Ordinance that was proposed to the township
board by planning and zoning. The people who
were present had all seen copies of the proposed
ordinance. We published it and you can read a
copy by clicking here.
The news media, although the Iron County Reporter
had been tipped about the earlier meeting, didn't
show up till the 6PM Township Board meeting.
The WIKB report restated the things, the smooth
over of the events that had happened earlier, as
told in the Township Board Meeting by trustee
Ken Piwarski, Planning chair Bob Battye, and
attorney Steve Polich. The core test of the
WIKB report that was delivered on air on
May 17th is published here.
The Iron County Reporter dated May 12th reported
on the township meeting of April 13th, a month
after the meeting. We expect that sometime next
month they might get around to the reporting the
whitewash from May.
In the meanwhile we recommend that you read the
radio station's report and compare it to the
transmittal letter of 3/22/2010 from Bob Battye
to the Iron River Township Board and decide for
yourself the veracity of statements made to the
local news media by Piwarski, Battye, and Polich.
"The Planning Committee has reviewed and approved
the above two subject items for review and approval
by the Township Board. We would like to get a
written response to these documents and hopefully
get these approved and in place as soon as possible."
A careful reading of Polich's comments shows there's
something along the lines of concealment of the facts
in his comments. His comments appear to indicate
that he had reviewed the proposed ordinances, and had
rejected them.
I have asked several people who were present at both
meetings to write detailed reports about them but
nothing has been forthcoming. For the moment what
is before you for consideration is all that exists.
If you were there and are willing to write up what
you heard, please feel free to send it to me. I'll
publish it using your name if you'll give permission
but no anonymously submitted reports will be
considered for publication here under any
circumstances.
Additional commentary in the WIKB report has to do
with the "sewer availability fees" that are already
being billed to some township land owners, even
where the land is vacant. The WIKB report mentions
that the revised water ordinance is supposed to cover
the issues. But the plain fact is that the charge is
already being imposed before any ordinance is in
place.
This issue is far from being resolved.
It seems that the township has surplus funds in the
treasury at this time. We wonder why Iron River
Township doesn't simply absorb the shortfall
occasioned by lousy contract negotiations on the
part of the township officials and the township
attorney at the time the contract was accepted
and executed.
Bill Vajk
news media in place, doing what they are
supposed to be doing, this publication would
not be necessary. What follows is an example
of the shortfalls.
On May 11, 2010, Iron River Township had two
meetings. The first one had a tremendous
attendance (for this township) of an estimated
100 people. It was the planning and zoning board
meeting attended by citizens who were apparently
as mad as hornets whose nest had been disturbed.
The discussion was about the proposed Blight
Ordinance that was proposed to the township
board by planning and zoning. The people who
were present had all seen copies of the proposed
ordinance. We published it and you can read a
copy by clicking here.
The news media, although the Iron County Reporter
had been tipped about the earlier meeting, didn't
show up till the 6PM Township Board meeting.
The WIKB report restated the things, the smooth
over of the events that had happened earlier, as
told in the Township Board Meeting by trustee
Ken Piwarski, Planning chair Bob Battye, and
attorney Steve Polich. The core test of the
WIKB report that was delivered on air on
May 17th is published here.
The Iron County Reporter dated May 12th reported
on the township meeting of April 13th, a month
after the meeting. We expect that sometime next
month they might get around to the reporting the
whitewash from May.
In the meanwhile we recommend that you read the
radio station's report and compare it to the
transmittal letter of 3/22/2010 from Bob Battye
to the Iron River Township Board and decide for
yourself the veracity of statements made to the
local news media by Piwarski, Battye, and Polich.
"The Planning Committee has reviewed and approved
the above two subject items for review and approval
by the Township Board. We would like to get a
written response to these documents and hopefully
get these approved and in place as soon as possible."
A careful reading of Polich's comments shows there's
something along the lines of concealment of the facts
in his comments. His comments appear to indicate
that he had reviewed the proposed ordinances, and had
rejected them.
I have asked several people who were present at both
meetings to write detailed reports about them but
nothing has been forthcoming. For the moment what
is before you for consideration is all that exists.
If you were there and are willing to write up what
you heard, please feel free to send it to me. I'll
publish it using your name if you'll give permission
but no anonymously submitted reports will be
considered for publication here under any
circumstances.
Additional commentary in the WIKB report has to do
with the "sewer availability fees" that are already
being billed to some township land owners, even
where the land is vacant. The WIKB report mentions
that the revised water ordinance is supposed to cover
the issues. But the plain fact is that the charge is
already being imposed before any ordinance is in
place.
This issue is far from being resolved.
It seems that the township has surplus funds in the
treasury at this time. We wonder why Iron River
Township doesn't simply absorb the shortfall
occasioned by lousy contract negotiations on the
part of the township officials and the township
attorney at the time the contract was accepted
and executed.
Bill Vajk
Straight Talk 2 - continuing the saga
I forwarded a copy of John Menghini's article
to Mike Lahti's office. I was promised a
response by them once the individual charged
with the Iron River prison at the Department
of Corrections returned from vacation. That
response arrived this morning and is
published below.
======================================
Dear Mr. Vajk:
I received a response from the Dept. of
Corrections on the sewer situation in
Iron River Township. Below is the response:
"There is a Sanitary Sewer Agreement between
the MDOC and Iron River Township. The
contract period is from September 9, 1990 to
September 9, 2010. Per Section 16 of the
agreement, the Department can cancel the
contract in whole by giving 30 days notice
to Iron River Township. A letter was sent
to the township on August 6, 2009, giving
the 30 days notice. Staff from our Bureau
of Fiscal Management have spoken with the
township's Treasurer and Supervisor. The
Township Supervisor admitted having received
the letter from the MDOC giving them the
required 30 days notice, but said the township
charter superceded the contract, and that the
township had the authority to continue to
invoice the MDOC. Staff asked for a copy of
the township charter and gave him the
appropriate fax number, but have received
nothing to date."
"The August 2009 invoice amount was $5,500
(the monthly rate at that point), and was
paid."
"The Department's position is that we properly
canceled the service contract as outlined in
the agreement, and have no further financial
obligation for these fees."
Rep. Mike Lahti's Office
==============================================
I want to thank Mike Lahti, his staff, and the
Department of Corrections for their response.
It turns out that whoever negotiated the sewer
contract with the Department of Corrections
made a really bad deal, and now some, or all,
of the township residents will have to pay for
that mistake for a long time.
This is what happens when the electorate is
careless in who they put into public office.
The Iron River Township Board should have hired
someone specializing in contract negotiations
before approving the sewer contract with the
state. Indeed they should already have retained
a lawyer specializing in such contracts to
study all the current possibilities. And by
that I don't mean the current township attorney.
The time to press subsequent claims, if indeed
there can be any, is limited.
Bill Vajk
to Mike Lahti's office. I was promised a
response by them once the individual charged
with the Iron River prison at the Department
of Corrections returned from vacation. That
response arrived this morning and is
published below.
======================================
Dear Mr. Vajk:
I received a response from the Dept. of
Corrections on the sewer situation in
Iron River Township. Below is the response:
"There is a Sanitary Sewer Agreement between
the MDOC and Iron River Township. The
contract period is from September 9, 1990 to
September 9, 2010. Per Section 16 of the
agreement, the Department can cancel the
contract in whole by giving 30 days notice
to Iron River Township. A letter was sent
to the township on August 6, 2009, giving
the 30 days notice. Staff from our Bureau
of Fiscal Management have spoken with the
township's Treasurer and Supervisor. The
Township Supervisor admitted having received
the letter from the MDOC giving them the
required 30 days notice, but said the township
charter superceded the contract, and that the
township had the authority to continue to
invoice the MDOC. Staff asked for a copy of
the township charter and gave him the
appropriate fax number, but have received
nothing to date."
"The August 2009 invoice amount was $5,500
(the monthly rate at that point), and was
paid."
"The Department's position is that we properly
canceled the service contract as outlined in
the agreement, and have no further financial
obligation for these fees."
Rep. Mike Lahti's Office
==============================================
I want to thank Mike Lahti, his staff, and the
Department of Corrections for their response.
It turns out that whoever negotiated the sewer
contract with the Department of Corrections
made a really bad deal, and now some, or all,
of the township residents will have to pay for
that mistake for a long time.
This is what happens when the electorate is
careless in who they put into public office.
The Iron River Township Board should have hired
someone specializing in contract negotiations
before approving the sewer contract with the
state. Indeed they should already have retained
a lawyer specializing in such contracts to
study all the current possibilities. And by
that I don't mean the current township attorney.
The time to press subsequent claims, if indeed
there can be any, is limited.
Bill Vajk
Wednesday, May 19, 2010
Arizona Law
The Arizona immigration law has taken center stage
in American politics, distracting many of us from the
things that are going on in Washington and in state
capitals around the nation.
For those who are interested in knowing what the
statute actually says, I have made it available by
clicking here.
You have a citizen's right to disagree with this statute and
to criticize it if you have actually read and understand it.
Bill Vajk
in American politics, distracting many of us from the
things that are going on in Washington and in state
capitals around the nation.
For those who are interested in knowing what the
statute actually says, I have made it available by
clicking here.
You have a citizen's right to disagree with this statute and
to criticize it if you have actually read and understand it.
Bill Vajk
Friday, May 14, 2010
Reply to Straight Talk #2 by Mike Lahti's Office
I received the following email reply from
Mike Lahti's office this morning.
Dear Mr. Vajk: Thank you for the email. We are working
with DMB & Dept. of Corrections to try and get the township
their money from Camp Ottawa Property.
We'll be in touch when we hear back. I individual I need to
hear from in Dept. of Corrections is on vacation this week.
Thank you,
Rep. Lahti's Office
Kim Whitely, Legislative Aide
Bill Vajk
Mike Lahti's office this morning.
Dear Mr. Vajk: Thank you for the email. We are working
with DMB & Dept. of Corrections to try and get the township
their money from Camp Ottawa Property.
We'll be in touch when we hear back. I individual I need to
hear from in Dept. of Corrections is on vacation this week.
Thank you,
Rep. Lahti's Office
Kim Whitely, Legislative Aide
Bill Vajk
Thursday, May 13, 2010
Straight Talk 2 by John Menghini: the Sewer Situation
Straight Talk 2 by John Menghini: the Sewer Situation.
A few weeks ago I was made aware of a situation in
the township that needs some attention. It seems that
our board snuck a so called "resolution" through that
allows the township to charge for sewer usage for people
who are not even hooked up to the sewer system.
To give a little history lesson, back around 1990 or so,
it was decided that a low security prison was to be
built in the township, on Gendron Road. The plans
called for a self contained septic system to be installed
for the prison. For some strange reason, AFTER
construction had begun, it was found that a septic
system could not be used there. And so it was that the
township ended up with a new sewer line going down
Gibbs City Rd and to the prison. When it was installed,
the story was that anyone over 200' from the line did
not have to hook up. If you were within 200' you were
required to connect to it.
Now, with the prison closed down, and the state no
longer paying for the sewer usage, the board decides
that the residents should take up the slack. Residents
who own even VACANT land are being charged an
"availability fee".
In "straight talk" that means that since the prison closed
down, the residents are being squeezed for the money
that the state no longer pays. I contacted the township
supervisor, Mark Polley, and he told me outright that
the township is after money. He also said that he knows
it is not fair to everyone.
I have researched this matter quite a bit and I firmly
believe that it is illegal. At least as far as those who
are over 200' away from the line. The State of Michigan
defines sewer availability as being within 200' from the
closest part of a structure in which sewage originates.
This is STATE law. How can the township charge a
person for the availability of something that the state
says is not available?
In "straight talk" they can't ! Not legally anyway. Mark
told me that the township attorney says it is legal. I
disagree. The state Attorney General is looking into the
matter at my request.
At the township meeting last night there were a few points
made that I would like to comment on.
The township says they need to charge residents who are not
hooked up to the sewer service, an availability charge. Because
the township needs the money. Why then, are they at this very
time, installing even MORE sewer and water lines. They (WE)
have to borrow money to do this. Borrowed money has to be
repaid. That means more charges. The water rate has been rising
steadily and is slated for two more increases this year alone.
So, let's recap this. The township is low on money, so, let's take
out some loans and put in more lines. Then we can raise the
sewer/water rates some more to pay for it. Hmmmmm........
Does that make sense to you?
Mark Polley said that he contacted state representative Mike
Lahti's office about this sewer matter. Uh, sorry Mark. It wasn't
quite like that. In fact, it was I who brought the matter to their
attention and it was THEY who contacted Mark. And I have
email proof of that.
Mark Polley also asked advice from township attorney Steven
Polich concerning supposed death threats to himself and other
board members. I do not advocate violence at all, but maybe
the board members should give that some thought. If they are
doing such a bad job that someone wants to KILL them,
maybe they should re-think their policies?
It has become quite apparent that this board has violated the
trust of the residents, in more than one instance. Now, it seems
to me that since these folks are ELECTED to the board that they
should look after the best interests of the residents. It surely
seems that they are not doing as good a job as they should,
especially since they are now receiving death threats.
Remember this folks.
We live in the United States of America.
Not Nazi Germany.
Not communist China.
Not dictatorship North Korea.
Our government is formed
BY the people
OF the people,
and most importantly
FOR the people.
We made our voices heard on the bogus blight ordinance
proposal, now we have to make our voice be heard on this
sewer matter.
s- John Menghini
Editor's note: We have no way of knowing how much of this
expansion of sewer charges is caused by the fact that the
township has become accustomed to the additional income
from the state prison, and how much of it is the result
of lousy deal making by the township with the state when
the contract to provide service was made. There have to
be better solutions than the one imposed by the board.
One thing is for certain, the township board does not
know how to spend less. In this time of economic stress,
and a time when those of us on Social Security have a
year with no cost of living increase because the cost
of living did not increase, the township board has
voted itself an increase in pay, despite the fact that
it isn't costing them more today than it did last year.
Aren't there any reasonable people living in Iron River
Township who would be willing to run for office and
stop these unreasonable actions by the existing elected
officials? If no one else is willing to step up, they
can continue to do whatever they want.
Bill Vajk
A few weeks ago I was made aware of a situation in
the township that needs some attention. It seems that
our board snuck a so called "resolution" through that
allows the township to charge for sewer usage for people
who are not even hooked up to the sewer system.
To give a little history lesson, back around 1990 or so,
it was decided that a low security prison was to be
built in the township, on Gendron Road. The plans
called for a self contained septic system to be installed
for the prison. For some strange reason, AFTER
construction had begun, it was found that a septic
system could not be used there. And so it was that the
township ended up with a new sewer line going down
Gibbs City Rd and to the prison. When it was installed,
the story was that anyone over 200' from the line did
not have to hook up. If you were within 200' you were
required to connect to it.
Now, with the prison closed down, and the state no
longer paying for the sewer usage, the board decides
that the residents should take up the slack. Residents
who own even VACANT land are being charged an
"availability fee".
In "straight talk" that means that since the prison closed
down, the residents are being squeezed for the money
that the state no longer pays. I contacted the township
supervisor, Mark Polley, and he told me outright that
the township is after money. He also said that he knows
it is not fair to everyone.
I have researched this matter quite a bit and I firmly
believe that it is illegal. At least as far as those who
are over 200' away from the line. The State of Michigan
defines sewer availability as being within 200' from the
closest part of a structure in which sewage originates.
This is STATE law. How can the township charge a
person for the availability of something that the state
says is not available?
In "straight talk" they can't ! Not legally anyway. Mark
told me that the township attorney says it is legal. I
disagree. The state Attorney General is looking into the
matter at my request.
At the township meeting last night there were a few points
made that I would like to comment on.
The township says they need to charge residents who are not
hooked up to the sewer service, an availability charge. Because
the township needs the money. Why then, are they at this very
time, installing even MORE sewer and water lines. They (WE)
have to borrow money to do this. Borrowed money has to be
repaid. That means more charges. The water rate has been rising
steadily and is slated for two more increases this year alone.
So, let's recap this. The township is low on money, so, let's take
out some loans and put in more lines. Then we can raise the
sewer/water rates some more to pay for it. Hmmmmm........
Does that make sense to you?
Mark Polley said that he contacted state representative Mike
Lahti's office about this sewer matter. Uh, sorry Mark. It wasn't
quite like that. In fact, it was I who brought the matter to their
attention and it was THEY who contacted Mark. And I have
email proof of that.
Mark Polley also asked advice from township attorney Steven
Polich concerning supposed death threats to himself and other
board members. I do not advocate violence at all, but maybe
the board members should give that some thought. If they are
doing such a bad job that someone wants to KILL them,
maybe they should re-think their policies?
It has become quite apparent that this board has violated the
trust of the residents, in more than one instance. Now, it seems
to me that since these folks are ELECTED to the board that they
should look after the best interests of the residents. It surely
seems that they are not doing as good a job as they should,
especially since they are now receiving death threats.
Remember this folks.
We live in the United States of America.
Not Nazi Germany.
Not communist China.
Not dictatorship North Korea.
Our government is formed
BY the people
OF the people,
and most importantly
FOR the people.
We made our voices heard on the bogus blight ordinance
proposal, now we have to make our voice be heard on this
sewer matter.
s- John Menghini
Editor's note: We have no way of knowing how much of this
expansion of sewer charges is caused by the fact that the
township has become accustomed to the additional income
from the state prison, and how much of it is the result
of lousy deal making by the township with the state when
the contract to provide service was made. There have to
be better solutions than the one imposed by the board.
One thing is for certain, the township board does not
know how to spend less. In this time of economic stress,
and a time when those of us on Social Security have a
year with no cost of living increase because the cost
of living did not increase, the township board has
voted itself an increase in pay, despite the fact that
it isn't costing them more today than it did last year.
Aren't there any reasonable people living in Iron River
Township who would be willing to run for office and
stop these unreasonable actions by the existing elected
officials? If no one else is willing to step up, they
can continue to do whatever they want.
Bill Vajk
Wednesday, May 5, 2010
What sort of elected officials do you want?
I received a reply from Mr Kenneth Nelson regarding
my May 1 article entitled "What Will It Take."
Bear in mind that Mr. Nelson had the opportunity to
set the record straight if my article misunderstood
what he is about, but all he sent was the following:
From: Kenneth Nelson
To:
Subject: Iron County Doings
Date: Wed, 5 May 2010 11:34:52 -0400
"FYI - the quote you referenced from the Reporter
article (in your May 1 blog titled "What Will it
Take?") was a "sound bite" pulled from a 40 minute
conversation I had with the journalist. You cannot
possibly know or understand in what context that
comment was made. Maybe your rush to attribute a
characteristic to someone without knowing or even
speaking to them is a sign of your "laissez faire
attitude". Incidentally, I intended to cast my
vote for you for school board (as it seems you
would be the best possible candidate) but was
unable to find your name on the ballot."
s-Kenneth Nelson
Either I got Mr. Nelson's attitude towards education
and the community right, or he really doesn't care
and simply wasted this opportunity given to him. It
seems likely that we know as much about Mr. Nelson
as is necessary. I'm already serving this community
by creating and running this publication. At my age
of 70, I have no inclination to run for any public
office.
I hasten to add that Iron County Doings associate
editor Ben Smith, under the sponsorship of this
publication, attempted to set up a Meet the
Candidates" session at the Bates Township Hall but
he was unable to raise enough interest among the
West Iron School Board candidates he contacted
during his efforts. Ben went so far as to discuss
the event on telephone time until it became apparent
that there wasn't much interest this election and
in an event to find out what the candidates have
to offer. Ben and I do what we can to promote a
positive future for Iron County, but we seem alone
in such efforts. I hear a lot of talk, but see very
little by way of action.
As I've said in the past, the community deserves the
people it elects, otherwise more people would run for
office, and there would be more of a spark and debate
over local issues. But we have far too many like the
ladies in that Rhinelander waiting room who have
lived here all their lives and have no idea who their
elected officials are let alone what is planned for
our future.
Is anyone else willing to step up and the force
changes necessary to improve out lives in Iron
County? The banner at the top of this publication
states: "We need better roads, to throw some reins
on local government. Things people are doing to
help our situation will appear here if they submit
the information to me." I was pleased to publish
"Straight Talk by John Menghini." Where's the next
article like that coming from? Come on, people!
Bill Vajk
my May 1 article entitled "What Will It Take."
Bear in mind that Mr. Nelson had the opportunity to
set the record straight if my article misunderstood
what he is about, but all he sent was the following:
From: Kenneth Nelson
To:
Subject: Iron County Doings
Date: Wed, 5 May 2010 11:34:52 -0400
"FYI - the quote you referenced from the Reporter
article (in your May 1 blog titled "What Will it
Take?") was a "sound bite" pulled from a 40 minute
conversation I had with the journalist. You cannot
possibly know or understand in what context that
comment was made. Maybe your rush to attribute a
characteristic to someone without knowing or even
speaking to them is a sign of your "laissez faire
attitude". Incidentally, I intended to cast my
vote for you for school board (as it seems you
would be the best possible candidate) but was
unable to find your name on the ballot."
s-Kenneth Nelson
Either I got Mr. Nelson's attitude towards education
and the community right, or he really doesn't care
and simply wasted this opportunity given to him. It
seems likely that we know as much about Mr. Nelson
as is necessary. I'm already serving this community
by creating and running this publication. At my age
of 70, I have no inclination to run for any public
office.
I hasten to add that Iron County Doings associate
editor Ben Smith, under the sponsorship of this
publication, attempted to set up a Meet the
Candidates" session at the Bates Township Hall but
he was unable to raise enough interest among the
West Iron School Board candidates he contacted
during his efforts. Ben went so far as to discuss
the event on telephone time until it became apparent
that there wasn't much interest this election and
in an event to find out what the candidates have
to offer. Ben and I do what we can to promote a
positive future for Iron County, but we seem alone
in such efforts. I hear a lot of talk, but see very
little by way of action.
As I've said in the past, the community deserves the
people it elects, otherwise more people would run for
office, and there would be more of a spark and debate
over local issues. But we have far too many like the
ladies in that Rhinelander waiting room who have
lived here all their lives and have no idea who their
elected officials are let alone what is planned for
our future.
Is anyone else willing to step up and the force
changes necessary to improve out lives in Iron
County? The banner at the top of this publication
states: "We need better roads, to throw some reins
on local government. Things people are doing to
help our situation will appear here if they submit
the information to me." I was pleased to publish
"Straight Talk by John Menghini." Where's the next
article like that coming from? Come on, people!
Bill Vajk
Saturday, May 1, 2010
What Will It Take?
Yesterday I found myself spending time in a well occupied
waiting room in Rhinelander. After the population thinned
down a little, it became obvious that four women there were
lifelong residents of Iron River. These four were well aged
but not what I would call elderly.
Shortly before my front-&-center-to-see-to-business call
came, I involved myself in their discussion. You know, of
course, that I saw to it that we evolved immediately into
local politics. During that very short process it quickly
became obvious that none of those 4 lifelong residents
knew who John Archocosky, the city manager of the small
town they live in, is.
I have to wonder, if someone went door to door and asked
every resident of Iron River who John Archocosky is, how
many would not know as was my 4 out of 4 sample for women,
who only knew one another in pairs, would be. These women
had that same level of knowledge about the rest of the
current events in Iron County and how local government is
run.
There's the basic problem of apathy demonstrating how bad
things are in Iron County, where the majority of the
population not knowing or caring what local government
does feeds into lousy governance.
Some of our transplants are just as bad. We have Kenneth
Nelson running for the school board. In his discussion with
the Iron County Reporter (see the May 26 issue) he said,
"I was wildly happy with this district and the quality of
education our teachers are providing."
Mr. Nelson has not been paying attention to the product of
the school system that is evident surrounding us. So many
don't know how to read and write (have you listened to the
news being read on WIKB?) Bay College has instituted make-up
classes for students coming out of regional schools with
poor to non-existent math and reading skills.
If the attitude of someone running for the school board
is that 'all is well' then how can we have any hope of
improvement in the level of education our tax dollars
produce? I've never met Mr. Nelson, and the Miner's State
Bank continues to be successful under his tutelage, so
I'm not saying he's a bad guy.
I don't hold out any hope for this community if those
who are moving into the area bring laissez faire
attitudes with them, or, in the other extreme, the heavy
handed approaches brought to us by people like Bob Battye,
the author of the proposed Iron River Township blight
ordinance we reported on here recently.
In another position, running for school board, we have
Tom Angeli, a former federal jail administrator. My
problem with Angeli moving into the Iron County political
scene has to do with the worldview that law enforcement
officials (as reported to me by a another retired federal
prison official) hold. Their world is divided into three
parts. Us (that is law enforcement,) the bad guys, and
taxpayers. I think Tom Angeli needs a bit longer to
recover from being a law enforcement officer before he
moves into purely civilian political positions if, indeed,
recovery is possible.
I'm looking for a sensible overhaul of a stagnant legal,
political, and educational system here in Iron County. It
would work best if it were a combination of an influx of
new ideas from people coming in from the outside and an
awakening by those who have been living here all their
lives. I keep seeing the people with somewhat extreme
views who have been making their mark here. I'm looking
for well rounded people interested in changing the
community for the better.
Bill Vajk
waiting room in Rhinelander. After the population thinned
down a little, it became obvious that four women there were
lifelong residents of Iron River. These four were well aged
but not what I would call elderly.
Shortly before my front-&-center-to-see-to-business call
came, I involved myself in their discussion. You know, of
course, that I saw to it that we evolved immediately into
local politics. During that very short process it quickly
became obvious that none of those 4 lifelong residents
knew who John Archocosky, the city manager of the small
town they live in, is.
I have to wonder, if someone went door to door and asked
every resident of Iron River who John Archocosky is, how
many would not know as was my 4 out of 4 sample for women,
who only knew one another in pairs, would be. These women
had that same level of knowledge about the rest of the
current events in Iron County and how local government is
run.
There's the basic problem of apathy demonstrating how bad
things are in Iron County, where the majority of the
population not knowing or caring what local government
does feeds into lousy governance.
Some of our transplants are just as bad. We have Kenneth
Nelson running for the school board. In his discussion with
the Iron County Reporter (see the May 26 issue) he said,
"I was wildly happy with this district and the quality of
education our teachers are providing."
Mr. Nelson has not been paying attention to the product of
the school system that is evident surrounding us. So many
don't know how to read and write (have you listened to the
news being read on WIKB?) Bay College has instituted make-up
classes for students coming out of regional schools with
poor to non-existent math and reading skills.
If the attitude of someone running for the school board
is that 'all is well' then how can we have any hope of
improvement in the level of education our tax dollars
produce? I've never met Mr. Nelson, and the Miner's State
Bank continues to be successful under his tutelage, so
I'm not saying he's a bad guy.
I don't hold out any hope for this community if those
who are moving into the area bring laissez faire
attitudes with them, or, in the other extreme, the heavy
handed approaches brought to us by people like Bob Battye,
the author of the proposed Iron River Township blight
ordinance we reported on here recently.
In another position, running for school board, we have
Tom Angeli, a former federal jail administrator. My
problem with Angeli moving into the Iron County political
scene has to do with the worldview that law enforcement
officials (as reported to me by a another retired federal
prison official) hold. Their world is divided into three
parts. Us (that is law enforcement,) the bad guys, and
taxpayers. I think Tom Angeli needs a bit longer to
recover from being a law enforcement officer before he
moves into purely civilian political positions if, indeed,
recovery is possible.
I'm looking for a sensible overhaul of a stagnant legal,
political, and educational system here in Iron County. It
would work best if it were a combination of an influx of
new ideas from people coming in from the outside and an
awakening by those who have been living here all their
lives. I keep seeing the people with somewhat extreme
views who have been making their mark here. I'm looking
for well rounded people interested in changing the
community for the better.
Bill Vajk
Wednesday, April 28, 2010
Pop Up Tax
I happened on a copy the April 2010 issue of Mrs.
McGregor's Fiftyplus news publication. It is a bit
pricey to subscribe. In a recent conversation it
came to my attention that people at my stage of
life have concerns about leaving property to their
descendants because of the tremendous increase in
property taxes the next generation will experience.
In my case there is no one who wants to keep any
property I own here in Iron County so any tax problem
on property I bequeath will be quite temporary.
There's an article in Mrs. McGregor's addressing the
issues. It turns out, according to the article, that
by adding loved ones to the title as joint tenants
with full rights of survivorship, you can avoid the
actual transfer of the property because your name is
still on the title. An appeals court decision in the
case of Klooster v. City of Charlevoix ruled that
death does not trigger the tax for joint property.
I am not a lawyer and this second hand report of a
technique is not legal advice. Please consult a
competent lawyer for legal advice in matters such
as are discussed here. That being said, there is
always a danger that the legislature will act to
close this "loophole" so if you have property to
leave to your favorites, don't wait. The cited case
has a date of December 15, 2009. The Court decided
that since the inheritance is not an intentional
conveyance, the pop up tax does not apply to jointly
held property with survivorship.
The article goes on to discuss other solutions and
restrictions so if you want the full discussion,
please acquire a copy of the publication.
Bill Vajk
McGregor's Fiftyplus news publication. It is a bit
pricey to subscribe. In a recent conversation it
came to my attention that people at my stage of
life have concerns about leaving property to their
descendants because of the tremendous increase in
property taxes the next generation will experience.
In my case there is no one who wants to keep any
property I own here in Iron County so any tax problem
on property I bequeath will be quite temporary.
There's an article in Mrs. McGregor's addressing the
issues. It turns out, according to the article, that
by adding loved ones to the title as joint tenants
with full rights of survivorship, you can avoid the
actual transfer of the property because your name is
still on the title. An appeals court decision in the
case of Klooster v. City of Charlevoix ruled that
death does not trigger the tax for joint property.
I am not a lawyer and this second hand report of a
technique is not legal advice. Please consult a
competent lawyer for legal advice in matters such
as are discussed here. That being said, there is
always a danger that the legislature will act to
close this "loophole" so if you have property to
leave to your favorites, don't wait. The cited case
has a date of December 15, 2009. The Court decided
that since the inheritance is not an intentional
conveyance, the pop up tax does not apply to jointly
held property with survivorship.
The article goes on to discuss other solutions and
restrictions so if you want the full discussion,
please acquire a copy of the publication.
Bill Vajk
Tuesday, April 27, 2010
CCX needs our attention
The Chicago Carbon Exchange needs our attention.
There's no need for me to comment on the details
as most people haven't heard about the next
"______gate" debacle to be unleashed.
Background reading may be found on the web at
written in sufficient detail:
http://www.chicagoclimatex.com/
and
http://tinyurl.com/39d26n8
Bill Vajk
There's no need for me to comment on the details
as most people haven't heard about the next
"______gate" debacle to be unleashed.
Background reading may be found on the web at
written in sufficient detail:
http://www.chicagoclimatex.com/
and
http://tinyurl.com/39d26n8
Bill Vajk
Sunday, April 25, 2010
Iron County School Employee Health Insurance
Iron County School District employees enjoy,
for the most part, a subsidy to help pay for
their health insurance costs amounting to a
Thousand Dollars a month or more. I think
health insurance is important but I think
that the public at large should see these
numbers as a matter of routine rather than
having to go through a Freedom of Information
(FOIA) process to get it in the first place.
The problem is, of course, that the general
public isn't used to having to do their own
work in these regards, usually the local news
media brings such information to them as a
matter of routine business. But unfortunately
that isn't true in much of rural Michigan, and
so on occasion places like Mackinac Center
bring such matters to the public attention.
The relevant information for Iron County may be
found at click here
The entire Mackinac Center database may be accessed
by clicking over here
It might be interesting to see how Iron County
compares to the school districts.
Bill Vajk
for the most part, a subsidy to help pay for
their health insurance costs amounting to a
Thousand Dollars a month or more. I think
health insurance is important but I think
that the public at large should see these
numbers as a matter of routine rather than
having to go through a Freedom of Information
(FOIA) process to get it in the first place.
The problem is, of course, that the general
public isn't used to having to do their own
work in these regards, usually the local news
media brings such information to them as a
matter of routine business. But unfortunately
that isn't true in much of rural Michigan, and
so on occasion places like Mackinac Center
bring such matters to the public attention.
The relevant information for Iron County may be
found at click here
The entire Mackinac Center database may be accessed
by clicking over here
It might be interesting to see how Iron County
compares to the school districts.
Bill Vajk
Thursday, April 22, 2010
Straight Talk by John Menghini
Straight Talk
by John Menghini
First of all, I am not a politician. I am not
a crusader. I am not a Democrat nor a Republican.
I am an American, a husband, and a father. I am
also someone who values their freedoms and
doesn't take very kindly to being pushed around.
There is a proposal that is going to be
discussed at the next Iron River Township board,
that is scheduled for May 11th at 6:00 P.M. at
the town hall on Gibbs City Rd. This is the so
called "blight ordinance" which was presented to
the board by Bob Battye, Committee Chairperson
of the PZO Committee.
It is a not so thinly veiled attempt by certain
persons to give the township the legal authority
to determine what you are allowed and not allowed
to have on your land.
In "straight talk" it means that each and every
vehicle, mobile home, camper, rv, truck, car,
or trailer HAS to be licensed, insured, and
*operable. *If it is not all of the above, you
can be fined up to $500.00. The key word here
is operable. If you have a vehicle in need of
repair, it is not considered operable, and you
will have 14 days to either repair it or remove
it from your property. Unless you have it in a
garage or approved storage building. If you
can't meet those conditions the township will
have legal authority to have it removed from
your property at your cost.
In "straight talk" it means that if you have
ANY type of building material on your property
and it is not in a garage or approved storage
building, you can be fined up to $500.00. Do
you have some scrap boards around that you
are using for kindling or camp fire wood? Do
you have any cement blocks or bricks in your
yard? A sheet or two of plywood? A can of
screws or nails? According to this blight
ordinance, you could be fined up to $500.00.
And that is just for the first offense.
In "straight talk" what this means for
EVERY resident or land owner in Iron River
Township is that it will be up to someone
else to determine what you will have and what
you will not have on land that YOU own and
pay taxes on. You don't have to take my word
for it either, the actual proposal can be
seen here. blight ordinance
In "straight talk" what this means is that while
our young soldiers are risking life and limb
(and far too many losing it) to promote freedom
and democracy in the Middle East, some people
back home are trying to take our freedoms away
one step at a time. And it is time for this to
stop. This proposal has not yet been passed, and
it is our duty as citizens of the United States
of America to see that it doesn't pass.
In "straight talk" that means that every land
owner, resident, and tax payer in Iron River
Township needs to be at the May 11th meeting
to make our voice be heard, and heard loudly.
There should be no doubt left in the mind of
the board members where we stand on this. Let's
work together to keep America the Land of the Free!
For your information the board members and their
phone numbers are as follows. This is public
information available on the Iron River Township
website. Keep in mind that this proposal has not
passed yet, and I am not suggesting that anyone
call these people and harass them, but if you are
not able to attend the next meeting there is more
than one way to make your voice be heard.
Supervisor Mark Polley 906-367-0657
Clerk Amber Laturi 906-265-5954
Treasurer Nancy Clements 906-265-4473
Trustee Al Froblem 906-265-2748
Trustee Ken Piwarski 906-265-6152
Zoning Ron Simmons 906-265-9394
s/John Menghini
by John Menghini
First of all, I am not a politician. I am not
a crusader. I am not a Democrat nor a Republican.
I am an American, a husband, and a father. I am
also someone who values their freedoms and
doesn't take very kindly to being pushed around.
There is a proposal that is going to be
discussed at the next Iron River Township board,
that is scheduled for May 11th at 6:00 P.M. at
the town hall on Gibbs City Rd. This is the so
called "blight ordinance" which was presented to
the board by Bob Battye, Committee Chairperson
of the PZO Committee.
It is a not so thinly veiled attempt by certain
persons to give the township the legal authority
to determine what you are allowed and not allowed
to have on your land.
In "straight talk" it means that each and every
vehicle, mobile home, camper, rv, truck, car,
or trailer HAS to be licensed, insured, and
*operable. *If it is not all of the above, you
can be fined up to $500.00. The key word here
is operable. If you have a vehicle in need of
repair, it is not considered operable, and you
will have 14 days to either repair it or remove
it from your property. Unless you have it in a
garage or approved storage building. If you
can't meet those conditions the township will
have legal authority to have it removed from
your property at your cost.
In "straight talk" it means that if you have
ANY type of building material on your property
and it is not in a garage or approved storage
building, you can be fined up to $500.00. Do
you have some scrap boards around that you
are using for kindling or camp fire wood? Do
you have any cement blocks or bricks in your
yard? A sheet or two of plywood? A can of
screws or nails? According to this blight
ordinance, you could be fined up to $500.00.
And that is just for the first offense.
In "straight talk" what this means for
EVERY resident or land owner in Iron River
Township is that it will be up to someone
else to determine what you will have and what
you will not have on land that YOU own and
pay taxes on. You don't have to take my word
for it either, the actual proposal can be
seen here. blight ordinance
In "straight talk" what this means is that while
our young soldiers are risking life and limb
(and far too many losing it) to promote freedom
and democracy in the Middle East, some people
back home are trying to take our freedoms away
one step at a time. And it is time for this to
stop. This proposal has not yet been passed, and
it is our duty as citizens of the United States
of America to see that it doesn't pass.
In "straight talk" that means that every land
owner, resident, and tax payer in Iron River
Township needs to be at the May 11th meeting
to make our voice be heard, and heard loudly.
There should be no doubt left in the mind of
the board members where we stand on this. Let's
work together to keep America the Land of the Free!
For your information the board members and their
phone numbers are as follows. This is public
information available on the Iron River Township
website. Keep in mind that this proposal has not
passed yet, and I am not suggesting that anyone
call these people and harass them, but if you are
not able to attend the next meeting there is more
than one way to make your voice be heard.
Supervisor Mark Polley 906-367-0657
Clerk Amber Laturi 906-265-5954
Treasurer Nancy Clements 906-265-4473
Trustee Al Froblem 906-265-2748
Trustee Ken Piwarski 906-265-6152
Zoning Ron Simmons 906-265-9394
s/John Menghini
Wednesday, April 21, 2010
Iron River Township - blight ordinance?
I was given a coy of the proposed Iron River Township
blight ordinance. If I had to give this thing a grade
as a school paper I would have to grade it as a
negative number, a -50.
It is not only poorly written it is also a displaced
rendition of a significantly populated living and
lifestyle document. In no way does it come close to
encompassing any number of legitimate country living
lifestyles in a community that not only has a
collapsing population but also has no viable economic
future for the residents as things stand.
It is, in a word, idiotic.
I could see a banning of trash and/or junk of any
sort that is visible from a public roadway, but
not the nonsense this proposed ordinance has in it.
You can find a copy at proposed_ordinance
Bill Vajk
blight ordinance. If I had to give this thing a grade
as a school paper I would have to grade it as a
negative number, a -50.
It is not only poorly written it is also a displaced
rendition of a significantly populated living and
lifestyle document. In no way does it come close to
encompassing any number of legitimate country living
lifestyles in a community that not only has a
collapsing population but also has no viable economic
future for the residents as things stand.
It is, in a word, idiotic.
I could see a banning of trash and/or junk of any
sort that is visible from a public roadway, but
not the nonsense this proposed ordinance has in it.
You can find a copy at proposed_ordinance
Bill Vajk
Sunday, April 18, 2010
Tea Party, etc.
The Tea Party movements across the USA are growing
in numbers and in self-declared membership. National
polls are downplayed by the US administration and the
congressionally elected. This is a movement that has
come about too late to prevent the mess we find
ourselves in. The American electorate has been poorly
educated over the past several decades about the role
that citizens necessarily play in our government, and
has fallen victim to our historical national smugness.
I attended last month's Americans for Constitutional
Enforcement (ACE) meeting at Iron Mountain. The speaker
came from the Upper Peninsula Liberty Alliance and he
did a nice job of delivering an inspiring address.
The problem is, of course, that all such meetings to
date seem to me to be "more of the same." All that such
groups seem to stand for is getting the electorate
inspired to get out to vote. In that, the people
sponsoring the meeting and delivering the address with
lofty goals (get elected precinct captain for your
party by applying before May 11) were mostly wasting
their breaths, preaching to the choir. I needn't have
taken the trip to the meeting to get that message when
we have the internet and newspapers at our disposal.
Voting and participating in non-responsive political
parties is important, and the people at the meeting
already do as much of that as is possible given our
99.999% inactive political parties here in Iron County.
The problem is that's where these groups stop when
so much more is sorely needed.
Voting is clearly not enough. If it were, we would
not have as destitute and corrupt a series of
governments here in Iron County. The larger part
of the elected officials here in Iron County are
doing Boss Hawg proud. What we really need badly is
to hold our elected officials feet to the fire, to
force them to listen to our demands, and to force
the growth and improvements in the economic health
of our communities by demanding specific behaviors
from the elected officials. Either that, or fire the
bums.
Here's a current example of the sort of thing that's
happening right now. Ever since a new airport, by
and for the Iron County Board of Commissioners, was
shouted down approximately a decade ago, the county
board and their employees have been quietly going
about researching the possibilities for a new airport,
despite the electorate's clear statement that we don't
need or want one.
I think anything that helps grow the local economy is a
good thing. But the county board has, so far, failed to
show any way in which a new airport would help the
economy, and has also failed to demonstrate how such
an airport would be self sustaining. I brought a trolley
project proposal to the City of Iron River a few years
ago, and it was in the end shot down by the city
administration who through slight of hand deemed it
not self-sustaining despite the fact that the overall
plan was.
The same probably cannot be said of a new airport, but I
await the Economic Development Corporation's (EDC)
demonstration, on paper, that a new airport is anything
but a playground for the few wealthy who desire to involve
themselves with Iron County, bringing their $5 and one
pair of underwear, and not changing either while they
are here.
When the EDC can show how a new airport will support itself
once the initial grants are expended, I'll come back aboard
and support such a project. In the meantime, if we have
folks with planes too large to land at the two, count
them -- we already have two airports in Iron County, then
tell those folks to come here in a smaller airplane.
There's nothing in any mandate by the voters that says we
owe anyone an airport built to their liking. If the county
board shows someone has a financial interest in building
and supporting an airport with commercial viability, then
this is a project worth the time it takes to look at the
proposals. In the meantime this remains another EDC dream
with no foundation and no substance to support it.
ACE and Tea Party activity has positive values in our
society, and I support them, but they're nowhere nearly
enough. We, the citizens, need to wrest control of our
government back by positive action, by speaking out, by
demanding responsiveness from elected officials, every
day, not just on election day. There's a lot of damage that
elected officials can do between elections if the citizens
don't ride herd on them. How much time and money has Iron
County wasted on an airport project in the past decade? Do
we want this type of corruption and waste to continue? Are
you, a citizen, willing to help bring such stuff to a halt?
Consider what sort of projects bringing real benefit to
the citizens of Iron County could have been undertaken
instead!
Bill Vajk
in numbers and in self-declared membership. National
polls are downplayed by the US administration and the
congressionally elected. This is a movement that has
come about too late to prevent the mess we find
ourselves in. The American electorate has been poorly
educated over the past several decades about the role
that citizens necessarily play in our government, and
has fallen victim to our historical national smugness.
I attended last month's Americans for Constitutional
Enforcement (ACE) meeting at Iron Mountain. The speaker
came from the Upper Peninsula Liberty Alliance and he
did a nice job of delivering an inspiring address.
The problem is, of course, that all such meetings to
date seem to me to be "more of the same." All that such
groups seem to stand for is getting the electorate
inspired to get out to vote. In that, the people
sponsoring the meeting and delivering the address with
lofty goals (get elected precinct captain for your
party by applying before May 11) were mostly wasting
their breaths, preaching to the choir. I needn't have
taken the trip to the meeting to get that message when
we have the internet and newspapers at our disposal.
Voting and participating in non-responsive political
parties is important, and the people at the meeting
already do as much of that as is possible given our
99.999% inactive political parties here in Iron County.
The problem is that's where these groups stop when
so much more is sorely needed.
Voting is clearly not enough. If it were, we would
not have as destitute and corrupt a series of
governments here in Iron County. The larger part
of the elected officials here in Iron County are
doing Boss Hawg proud. What we really need badly is
to hold our elected officials feet to the fire, to
force them to listen to our demands, and to force
the growth and improvements in the economic health
of our communities by demanding specific behaviors
from the elected officials. Either that, or fire the
bums.
Here's a current example of the sort of thing that's
happening right now. Ever since a new airport, by
and for the Iron County Board of Commissioners, was
shouted down approximately a decade ago, the county
board and their employees have been quietly going
about researching the possibilities for a new airport,
despite the electorate's clear statement that we don't
need or want one.
I think anything that helps grow the local economy is a
good thing. But the county board has, so far, failed to
show any way in which a new airport would help the
economy, and has also failed to demonstrate how such
an airport would be self sustaining. I brought a trolley
project proposal to the City of Iron River a few years
ago, and it was in the end shot down by the city
administration who through slight of hand deemed it
not self-sustaining despite the fact that the overall
plan was.
The same probably cannot be said of a new airport, but I
await the Economic Development Corporation's (EDC)
demonstration, on paper, that a new airport is anything
but a playground for the few wealthy who desire to involve
themselves with Iron County, bringing their $5 and one
pair of underwear, and not changing either while they
are here.
When the EDC can show how a new airport will support itself
once the initial grants are expended, I'll come back aboard
and support such a project. In the meantime, if we have
folks with planes too large to land at the two, count
them -- we already have two airports in Iron County, then
tell those folks to come here in a smaller airplane.
There's nothing in any mandate by the voters that says we
owe anyone an airport built to their liking. If the county
board shows someone has a financial interest in building
and supporting an airport with commercial viability, then
this is a project worth the time it takes to look at the
proposals. In the meantime this remains another EDC dream
with no foundation and no substance to support it.
ACE and Tea Party activity has positive values in our
society, and I support them, but they're nowhere nearly
enough. We, the citizens, need to wrest control of our
government back by positive action, by speaking out, by
demanding responsiveness from elected officials, every
day, not just on election day. There's a lot of damage that
elected officials can do between elections if the citizens
don't ride herd on them. How much time and money has Iron
County wasted on an airport project in the past decade? Do
we want this type of corruption and waste to continue? Are
you, a citizen, willing to help bring such stuff to a halt?
Consider what sort of projects bringing real benefit to
the citizens of Iron County could have been undertaken
instead!
Bill Vajk
Thursday, April 15, 2010
Definitive?
As we experience presidents during their term in office,
we are led to wonder which of their statements will be,
in the end, definitive of their leadership. Yesterday, in
a press conference winding down the nuclear summit
he hosted, President Obama stated what I think will,
in the end, define his presidency.
"It is a vital national security interest of the United States
to reduce these conflicts because whether we like it or not,
we remain a dominant military superpower. And when
conflicts break out, one way or another, we get pulled
into them."
-Barack Obama April 14, 2010
This statement has so many layers of ideology in
it that my comments cannot do it justice without
writing an entire book on the topic. That being said,
I think it is best left to each reader to see what they
see in it. Obama's statement is memorialized here
because it is important.
Bill Vajk
we are led to wonder which of their statements will be,
in the end, definitive of their leadership. Yesterday, in
a press conference winding down the nuclear summit
he hosted, President Obama stated what I think will,
in the end, define his presidency.
"It is a vital national security interest of the United States
to reduce these conflicts because whether we like it or not,
we remain a dominant military superpower. And when
conflicts break out, one way or another, we get pulled
into them."
-Barack Obama April 14, 2010
This statement has so many layers of ideology in
it that my comments cannot do it justice without
writing an entire book on the topic. That being said,
I think it is best left to each reader to see what they
see in it. Obama's statement is memorialized here
because it is important.
Bill Vajk
Friday, April 9, 2010
Nepotism 101
Iron County has a clear demonstration of nepotism
in the employment of Tom King, the dog catcher who
doesn't do his job. He is the son of Rosalie King, chair
of the Iron County Board of Commissioners.
I recently received a reply to an FOIA request from
Sue Clisch. One line in the reply is troubling:
"Apparently when the animal facility at Minerals Closed,
(sic) a number of records were lost during the move."
The Iron County dogcatcher is not very busy. Given the
small amount of real work done by Mr. King, it seems
that making certain his records went from one site to
the other should have been a simple task. In my opinion,
Mr. King is not competent to perform the functions that
the job requires. I further believe that if the job had been
filled by someone other than a family member of someone
on the board of commissioners, they'd have been replaced
long ago.
I received a report that the existing dogcatcher records have
been turned over to the Iron County Sheriff. Is this a political
maneuver designed to compensate for incompetence?
The fact that Mr. King remains in this appointed position is
evidence of nepotism. We'll expose other examples of how
machine politics and nepotism operate in Iron County in
future articles. The King example encompasses these things,
with raw nepotism clearly defined.
Bill Vajk
in the employment of Tom King, the dog catcher who
doesn't do his job. He is the son of Rosalie King, chair
of the Iron County Board of Commissioners.
I recently received a reply to an FOIA request from
Sue Clisch. One line in the reply is troubling:
"Apparently when the animal facility at Minerals Closed,
(sic) a number of records were lost during the move."
The Iron County dogcatcher is not very busy. Given the
small amount of real work done by Mr. King, it seems
that making certain his records went from one site to
the other should have been a simple task. In my opinion,
Mr. King is not competent to perform the functions that
the job requires. I further believe that if the job had been
filled by someone other than a family member of someone
on the board of commissioners, they'd have been replaced
long ago.
I received a report that the existing dogcatcher records have
been turned over to the Iron County Sheriff. Is this a political
maneuver designed to compensate for incompetence?
The fact that Mr. King remains in this appointed position is
evidence of nepotism. We'll expose other examples of how
machine politics and nepotism operate in Iron County in
future articles. The King example encompasses these things,
with raw nepotism clearly defined.
Bill Vajk
Tuesday, April 6, 2010
Odds & Ends
Odds & ends, bits and pieces of Iron County news that
should receive attention.
We have a community with a collapsing population. The
current estimate is some 12,800 souls living here. The
last of the big stores selling non-essential goods in
the county, Wardo's, is conducting their store closing
sale. With gasoline prices headed well above a $3 per
gallon price, tourism will be down yet again. Timber
sales, and the businesses feeding it, will probably
not recover for some time, if ever.
It is no wonder Wardo's is closing. We also have too
many banking facilities, too many supermarkets, and too
many gas stations, to be sustained by a decreasing
population. This is not the end of businesses closing
in Iron County.
Unless something happens, like a significant investment
in manufacturing, we will become almost exclusively
bedroom communities.
West Iron District Library
Several years ago I purchased a book called "Sources of
Our Liberties" for circulation in the community. I begins
with the Magna Carta of 1215 AD and traces, through
important documents, the sources of our liberties through
the ages in between.
I asked the librarian at the West Iron District Library
if they would be interested in the book for their
reference section, and the answer was yes. So I donated
it to them.
http://www.amazon.com/Sources-Our-Liberties-Richard-Perry/dp/0899417523/ref=sr_1_1?ie=UTF8&s=books&qid=1270596366&sr=1-1
Last week I went looking for it. In a discussion among
friends a question came up about how the important
elements of the US Constitution could be taught here in
Iron County. To my dismay the book is not in the library's
collection. They "weeded" it. I saw plenty of space in
their minuscule "reference section" but someone felt
there's no need in people in the county having access
to basic information about the struggles that were
undertaken by American ancestors to provide for the
liberties we have. Instead, a book titled "Dummies Guide
to Civil Liberties" is in their collection.
When the library has lowered expectations of the people
in the community, that's what we'll have. I am done with
any sort of support for the West Iron District Library
and intend to establish some form of privately endowed
lending library that the community can permanently rely
on for non trivial texts. After all, one of the world's
finest library systems, the New York Public Library, is
privately endowed, without a single penny of public
funds going to its support and expansion.
I'd love to hear from like minded individuals.
Apathetic Voters
Al and Gail found this web page that describes the
consequences to one community of apathetic voters. I've
read it and recommend that all voters from Iron County
read it.
http://www.newswithviews.com/Conrad/bernie102.htm
The Drunk Judge Rumor
Over the past two or so years I've wasted a lot of time
chasing down the truth of statements made to me by
various individuals about Judge Schwedler's alleged
drinking and DUI's. I've gone to every surrounding
county and inquired at the jails and at their court
systems, finding nothing about the rumors.
It is my opinion that Judge Schwedler does not belong
on the bench, and I have filed as story in this blog
about it. I have it on good authority that others have
also filed, or will soon be filing, Judicial Tenure
Commission complaints. There is, in my opinion, plenty
of strong reason already available to remove the man
from the bench.
Today I give up chasing the alcoholism rumors, each
of which dissolved into nothingness as I pursued them.
If anyone has reliable, provable, evidence along the
lines of the highly popular rumors that have been
prevalent in Iron County regarding our Judge, please
present it. I will no longer listen to or care about
the rumors. I will no longer expend my time or energy
chasing them. We have no need of such rumors especially
when there is such flagrant misconduct on the bench
that we should be able to get him removed by other
means.
Water Leaks
Recently Iron River Township discovered a leak under
US2 in the 2 inch pipe feeding three homes on my side
of the highway.
Once dug up, they discovered that three taps, each
3/4 inch, had been made in the 4 inch main, feeding
copper lines that rejoined in galvanized pipe, then
a cutoff, and finally a 2 inch galvanized pipe
crossing under the highway.
The decision was made to slide an inch and a quarter
plastic line through the 2 inch in order to feed
these three homes. The copper lines were cut and
spliced, feeding into a new galvanized header with
3 valves in the 3/4 copper lines.
Yes, this system emplaces again the same future
disaster of creating an underground dissimilar metals
battery. The electrical differential always eats away
the galvanized pipe. But the decisions made by the
township are once again the same short sighted ones
made 50 years ago, that everyone involved
will probably be dead by the time the problem
surfaces again.
Permanent solutions could have been had with only
a slight increase in cost. The biggest part of the
costs to make the repairs were in labor, and the same
will be true the next time around. What hasn't
changed in 50 years is the corporate culture that
keeps giving us repetitive failures. There are a
lot of 2 inch galvanized highway crossings in
this township. One has to guess they're all done
the same way. The current administration is dooming
future ones the same way past administrations doomed
this one.
And so it goes....
Bill Vajk
should receive attention.
Wardo's Closing
We have a community with a collapsing population. The
current estimate is some 12,800 souls living here. The
last of the big stores selling non-essential goods in
the county, Wardo's, is conducting their store closing
sale. With gasoline prices headed well above a $3 per
gallon price, tourism will be down yet again. Timber
sales, and the businesses feeding it, will probably
not recover for some time, if ever.
It is no wonder Wardo's is closing. We also have too
many banking facilities, too many supermarkets, and too
many gas stations, to be sustained by a decreasing
population. This is not the end of businesses closing
in Iron County.
Unless something happens, like a significant investment
in manufacturing, we will become almost exclusively
bedroom communities.
West Iron District Library
Several years ago I purchased a book called "Sources of
Our Liberties" for circulation in the community. I begins
with the Magna Carta of 1215 AD and traces, through
important documents, the sources of our liberties through
the ages in between.
I asked the librarian at the West Iron District Library
if they would be interested in the book for their
reference section, and the answer was yes. So I donated
it to them.
http://www.amazon.com/Sources-Our-Liberties-Richard-Perry/dp/0899417523/ref=sr_1_1?ie=UTF8&s=books&qid=1270596366&sr=1-1
Last week I went looking for it. In a discussion among
friends a question came up about how the important
elements of the US Constitution could be taught here in
Iron County. To my dismay the book is not in the library's
collection. They "weeded" it. I saw plenty of space in
their minuscule "reference section" but someone felt
there's no need in people in the county having access
to basic information about the struggles that were
undertaken by American ancestors to provide for the
liberties we have. Instead, a book titled "Dummies Guide
to Civil Liberties" is in their collection.
When the library has lowered expectations of the people
in the community, that's what we'll have. I am done with
any sort of support for the West Iron District Library
and intend to establish some form of privately endowed
lending library that the community can permanently rely
on for non trivial texts. After all, one of the world's
finest library systems, the New York Public Library, is
privately endowed, without a single penny of public
funds going to its support and expansion.
I'd love to hear from like minded individuals.
Apathetic Voters
Al and Gail found this web page that describes the
consequences to one community of apathetic voters. I've
read it and recommend that all voters from Iron County
read it.
http://www.newswithviews.com/Conrad/bernie102.htm
The Drunk Judge Rumor
Over the past two or so years I've wasted a lot of time
chasing down the truth of statements made to me by
various individuals about Judge Schwedler's alleged
drinking and DUI's. I've gone to every surrounding
county and inquired at the jails and at their court
systems, finding nothing about the rumors.
It is my opinion that Judge Schwedler does not belong
on the bench, and I have filed as story in this blog
about it. I have it on good authority that others have
also filed, or will soon be filing, Judicial Tenure
Commission complaints. There is, in my opinion, plenty
of strong reason already available to remove the man
from the bench.
Today I give up chasing the alcoholism rumors, each
of which dissolved into nothingness as I pursued them.
If anyone has reliable, provable, evidence along the
lines of the highly popular rumors that have been
prevalent in Iron County regarding our Judge, please
present it. I will no longer listen to or care about
the rumors. I will no longer expend my time or energy
chasing them. We have no need of such rumors especially
when there is such flagrant misconduct on the bench
that we should be able to get him removed by other
means.
Water Leaks
Recently Iron River Township discovered a leak under
US2 in the 2 inch pipe feeding three homes on my side
of the highway.
Once dug up, they discovered that three taps, each
3/4 inch, had been made in the 4 inch main, feeding
copper lines that rejoined in galvanized pipe, then
a cutoff, and finally a 2 inch galvanized pipe
crossing under the highway.
The decision was made to slide an inch and a quarter
plastic line through the 2 inch in order to feed
these three homes. The copper lines were cut and
spliced, feeding into a new galvanized header with
3 valves in the 3/4 copper lines.
Yes, this system emplaces again the same future
disaster of creating an underground dissimilar metals
battery. The electrical differential always eats away
the galvanized pipe. But the decisions made by the
township are once again the same short sighted ones
made 50 years ago, that everyone involved
will probably be dead by the time the problem
surfaces again.
Permanent solutions could have been had with only
a slight increase in cost. The biggest part of the
costs to make the repairs were in labor, and the same
will be true the next time around. What hasn't
changed in 50 years is the corporate culture that
keeps giving us repetitive failures. There are a
lot of 2 inch galvanized highway crossings in
this township. One has to guess they're all done
the same way. The current administration is dooming
future ones the same way past administrations doomed
this one.
And so it goes....
Bill Vajk
Tuesday, March 30, 2010
Complaint re; C. Joseph Schwedler
The following document and exhibits was mailed to Michigan's
Judicial Tenure Commission on Friday, March 26, 2010. It is
my understanding that there are other complaints against this
judge. If you have such a complaint it behooves you to file it as
soon as possible. If you would like a copy of the entire document
on a CD in the pdf format, please contact me and I'll make sure
you get one. If you are out of the Iron County area, please send a
6" X 9" SASE (postage paid) envelope to PO Box 195, Stambaugh
MI and I'll put a CD in it and mail it back.
=========================================
State of Michigan
Judicial Tenure Commission
)
)
William J Vajk ) Iron County Trial Court Case
Plaintiff ) I08-3982-CZ
)
v. )
)
C. Joseph Schwedler )
Defendant )
Table of Contents
Complaint (this document, everything else listed below is attached)
Case I-08-3982-CA Defendant’s Motion for Summary Disposition Exhibit A
File I-08-3982-CZ Transcript dated February 26, 2009 Exhibit B
File I-08-3982-CZ ORDER dated April 30, 2009 Exhibit C
Case I-08-3982-CZ Plaintiff’s MCR 2.003 Post Denial Pleading Exhibit D
File I-08-3982-CZ Transcript dated June 5, 2009 Exhibit E
Act 442 of 1976 FOIA Exhibit F
Michigan Code of Judicial Conduct Exhibit G
Complaint
Now comes the Plaintiff William J. Vajk and complains of the defendant
C. Joseph Schwedler as follows:
1) Judge C. Joseph Schwedler allowed a political/social
relationship to influence judicial conduct. Schwedler
allowed his political connections to litigant Archocosky
to influence his judicial conduct.
In line 6 on page B3 of Exhibit B defendant Schwedler acknowledges
he knows John Archocosky on sight by deciding to wait, instead of
the proceeding as scheduled, for Archocosky’s arrival in the
courtroom. This is a small county with residency approximating
13,000 souls, and litigant, in the underlying case, Archocosky has
been a political figure in Iron County for a long period of time and
the two men have reason to know one another on that basis. While
this wait was, in Plaintiff’s opinion, ill advised, it serves only to
unequivocally demonstrate the two men know one another.
Litigant, in the above captioned case, John Archocosky, through
his attorney Susan MacGregor, made an admission on pages A19
(bottom of litigant’s boxed Exhibit near the middle of the page)
and again on page A25 (the penultimate line on the page) of
Exhibit A that John Archocosky sent email to plaintiff stating
his assumption of responsibility for city documents by stating,
“Please direct any future FOIA correspondence to me.” Please
see MCR 2.11 G (2).
Beginning with Line 25 on Page B11 through line 22 on Page B12,
during a hearing before Judge Schwedler on February 26, 2009,
Plaintiff alleged with great specificity litigant Archocosky’s
responsibility for asserting control over all documents requested
from the City of Iron River.
Later, defendant Schwedler, in line 23 of page B19 of Exhibit B,
states that “There is no allegation that Mr. Archocosky is the
person who was even in charge of these records.”
In light of the facts, as presented to the court with such abundant
clarity, C. Joseph Schwedler purposely and with thought aforehand
violated Canon 2C in rendering his verdict conflicting with the
evidence presented before and during the court hearing of
February 26, 2009 over which he presided.
2) Judge C. Joseph Schwedler failed to observe the law.
Schwedler substituted his personal opinion in place of
MCL 15.231 et seq.
In line 10 on page B3 of Exhibit B defendant Schwedler states,
“There’s no requirement to create a document….” as applies
to the statute, Act 442 of 1976 as amended, underlying the
lawsuit about which Schwedler was conducting a hearing. The
statute, in MCL 15.233 (4) clearly states that “This act does
not require a public body to make a compilation, summary,
or report of information except as required in section 11.”
Please see page F5 of Exhibit F, 15.241 (1) and (1)(c). For
further clarity I cite the following authorities regarding
interpretation of this statute:
“When interpreting a statute, we look first to the
language of the statute and give the words used
their plain and ordinary meaning.” DiBenedetto v
West Shore Hosp, 461 Mich 394, 402;
605 NW2d 300 (2000). “If the statutory language
is unambiguous, appellate courts presume that the
Legislature intended the meaning plainly expressed
and further judicial construction is neither permitted
nor required.” Atchison v Atchison, 256 Mich App 531,
535; 664 NW2d 249 (2003), citing DiBenedetto, supra.
The referenced MCL and its Section 11 were, at all pertinent
times, apposite in the matter being adjudged where
Schwedler held in opposition to established law.
C. Joseph Schwedler purposely and with thought
aforehand violated Canon 3A(1).
3) Judge C. Joseph Schwedler has failed to perform the
duties of office impartially and diligently. Schwedler
substituted his self-serving personal opinion in lieu of
observing MCR 2.003.
Plaintiff/litigant moved for a hearing, scheduled for May 13, 2009,
to vacate judgment and to disqualify Judge Schwedler. MCR 2.003
contains no restriction on when, during proceedings, that motion
may be brought. Exhibit C depicts the order issued by defendant
Schwedler canceling the hearing. C. Joseph Schwedler thereby
purposely and with thought aforehand violated MCR 2.003 and
Canon 3B(1)
Subsequently Plaintiff/litigant moved in a post denial pleading
scheduled for hearing June 5, 2009, that the court comply with
MCR 2.003(C)(3) as is shown in Exhibit D. On the appointed
date, C. Joseph Schwedler refused to hear the motion as he
stated as depicted in the transcript in Exhibit E. C. Joseph
Schwedler purposely and with thought aforehand violated
MCR 2.003(C)(3) and Canon 2(A) and Canon 3B(1).
Summation.
Plaintiff William J. Vajk understands the duty of the Judicial
Tenure Commission is not to retry the case which I did not
take to appeal because the monetary values involved are too
small when considering the costs of an appeal. Instead, the
undersigned maintains that C. Joseph Schwedler, during the
course of the case underlying this complaint, conducted
himself in violation of the laws of the State of Michigan,
of Michigan Court Rules, and the Judicial Canons of Conduct
as described above and in ways that the Judicial Tenure
Commission may discover for itself should the commission
decide to review the entire case. I add that there are many
additional possible causes for complaint in what is a small
case both in money and in scope, but I have limited my
participation in this process by formalizing only the elements
I personally consider most egregious. The entire purpose of
this complaint to the Judicial Tenure Commission is to seek
disciplinary proceedings against C. Joseph Schwedler with
the requested outcome being his removal from office as a
person not qualified to sit upon the judicial bench in a
Michigan Court.
Respectfully Submitted,
_______________________________
William J. Vajk
Judicial Tenure Commission on Friday, March 26, 2010. It is
my understanding that there are other complaints against this
judge. If you have such a complaint it behooves you to file it as
soon as possible. If you would like a copy of the entire document
on a CD in the pdf format, please contact me and I'll make sure
you get one. If you are out of the Iron County area, please send a
6" X 9" SASE (postage paid) envelope to PO Box 195, Stambaugh
MI and I'll put a CD in it and mail it back.
=========================================
State of Michigan
Judicial Tenure Commission
)
)
William J Vajk ) Iron County Trial Court Case
Plaintiff ) I08-3982-CZ
)
v. )
)
C. Joseph Schwedler )
Defendant )
Table of Contents
Complaint (this document, everything else listed below is attached)
Case I-08-3982-CA Defendant’s Motion for Summary Disposition Exhibit A
File I-08-3982-CZ Transcript dated February 26, 2009 Exhibit B
File I-08-3982-CZ ORDER dated April 30, 2009 Exhibit C
Case I-08-3982-CZ Plaintiff’s MCR 2.003 Post Denial Pleading Exhibit D
File I-08-3982-CZ Transcript dated June 5, 2009 Exhibit E
Act 442 of 1976 FOIA Exhibit F
Michigan Code of Judicial Conduct Exhibit G
Complaint
Now comes the Plaintiff William J. Vajk and complains of the defendant
C. Joseph Schwedler as follows:
1) Judge C. Joseph Schwedler allowed a political/social
relationship to influence judicial conduct. Schwedler
allowed his political connections to litigant Archocosky
to influence his judicial conduct.
In line 6 on page B3 of Exhibit B defendant Schwedler acknowledges
he knows John Archocosky on sight by deciding to wait, instead of
the proceeding as scheduled, for Archocosky’s arrival in the
courtroom. This is a small county with residency approximating
13,000 souls, and litigant, in the underlying case, Archocosky has
been a political figure in Iron County for a long period of time and
the two men have reason to know one another on that basis. While
this wait was, in Plaintiff’s opinion, ill advised, it serves only to
unequivocally demonstrate the two men know one another.
Litigant, in the above captioned case, John Archocosky, through
his attorney Susan MacGregor, made an admission on pages A19
(bottom of litigant’s boxed Exhibit near the middle of the page)
and again on page A25 (the penultimate line on the page) of
Exhibit A that John Archocosky sent email to plaintiff stating
his assumption of responsibility for city documents by stating,
“Please direct any future FOIA correspondence to me.” Please
see MCR 2.11 G (2).
Beginning with Line 25 on Page B11 through line 22 on Page B12,
during a hearing before Judge Schwedler on February 26, 2009,
Plaintiff alleged with great specificity litigant Archocosky’s
responsibility for asserting control over all documents requested
from the City of Iron River.
Later, defendant Schwedler, in line 23 of page B19 of Exhibit B,
states that “There is no allegation that Mr. Archocosky is the
person who was even in charge of these records.”
In light of the facts, as presented to the court with such abundant
clarity, C. Joseph Schwedler purposely and with thought aforehand
violated Canon 2C in rendering his verdict conflicting with the
evidence presented before and during the court hearing of
February 26, 2009 over which he presided.
2) Judge C. Joseph Schwedler failed to observe the law.
Schwedler substituted his personal opinion in place of
MCL 15.231 et seq.
In line 10 on page B3 of Exhibit B defendant Schwedler states,
“There’s no requirement to create a document….” as applies
to the statute, Act 442 of 1976 as amended, underlying the
lawsuit about which Schwedler was conducting a hearing. The
statute, in MCL 15.233 (4) clearly states that “This act does
not require a public body to make a compilation, summary,
or report of information except as required in section 11.”
Please see page F5 of Exhibit F, 15.241 (1) and (1)(c). For
further clarity I cite the following authorities regarding
interpretation of this statute:
“When interpreting a statute, we look first to the
language of the statute and give the words used
their plain and ordinary meaning.” DiBenedetto v
West Shore Hosp, 461 Mich 394, 402;
605 NW2d 300 (2000). “If the statutory language
is unambiguous, appellate courts presume that the
Legislature intended the meaning plainly expressed
and further judicial construction is neither permitted
nor required.” Atchison v Atchison, 256 Mich App 531,
535; 664 NW2d 249 (2003), citing DiBenedetto, supra.
The referenced MCL and its Section 11 were, at all pertinent
times, apposite in the matter being adjudged where
Schwedler held in opposition to established law.
C. Joseph Schwedler purposely and with thought
aforehand violated Canon 3A(1).
3) Judge C. Joseph Schwedler has failed to perform the
duties of office impartially and diligently. Schwedler
substituted his self-serving personal opinion in lieu of
observing MCR 2.003.
Plaintiff/litigant moved for a hearing, scheduled for May 13, 2009,
to vacate judgment and to disqualify Judge Schwedler. MCR 2.003
contains no restriction on when, during proceedings, that motion
may be brought. Exhibit C depicts the order issued by defendant
Schwedler canceling the hearing. C. Joseph Schwedler thereby
purposely and with thought aforehand violated MCR 2.003 and
Canon 3B(1)
Subsequently Plaintiff/litigant moved in a post denial pleading
scheduled for hearing June 5, 2009, that the court comply with
MCR 2.003(C)(3) as is shown in Exhibit D. On the appointed
date, C. Joseph Schwedler refused to hear the motion as he
stated as depicted in the transcript in Exhibit E. C. Joseph
Schwedler purposely and with thought aforehand violated
MCR 2.003(C)(3) and Canon 2(A) and Canon 3B(1).
Summation.
Plaintiff William J. Vajk understands the duty of the Judicial
Tenure Commission is not to retry the case which I did not
take to appeal because the monetary values involved are too
small when considering the costs of an appeal. Instead, the
undersigned maintains that C. Joseph Schwedler, during the
course of the case underlying this complaint, conducted
himself in violation of the laws of the State of Michigan,
of Michigan Court Rules, and the Judicial Canons of Conduct
as described above and in ways that the Judicial Tenure
Commission may discover for itself should the commission
decide to review the entire case. I add that there are many
additional possible causes for complaint in what is a small
case both in money and in scope, but I have limited my
participation in this process by formalizing only the elements
I personally consider most egregious. The entire purpose of
this complaint to the Judicial Tenure Commission is to seek
disciplinary proceedings against C. Joseph Schwedler with
the requested outcome being his removal from office as a
person not qualified to sit upon the judicial bench in a
Michigan Court.
Respectfully Submitted,
_______________________________
William J. Vajk
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