A lawsuit filed against the City of the Village of Clarkston is due for a response from the city on Aug. 20.
The city filed two extensions for responding to the suit, which was filed by former City Council member Richard Bisio on June 2 in Sixth Curcuit Court.
“Justice moves slowly,” Bisio said, Aug. 7. The suit alleges city council violated the state Open Meetings Act with a closed meeting on March 9, as well as an exchange of emails on April 18-19.
The Clarkston resident added to the complaint on July 16, regarding a Freedom of Information request submitted to the city for invoices filed by city attorney Tom Ryan for services regarding redevelopment of 148 N. Main Street, a former automotive body shop, as well as snow removal on city property, and the city’s response to tree clearing on a private lot at Main Street and Waldon Road.
Clarkston Mayor Joe Luginski and City Manager Carol Eberhardt did not respond to a request for comment.
The suit, filed June 2, calls for the Sixth Circuit Court to determine city council violated the state Open Meetings Act with a closed meeting on March 9 as well as an exchange of emails on April 18-19, and order an end to such practices.
The suit requests an award of court costs for the plaintiff, but no money for punitive damages.
According to the minutes of the March 9 City Council meeting, city attorney Tom Ryan requested the council go into closed session to discuss attorney/client privilege issue regarding rezoning of 148 N. Main Street. Bisio objected, and Ryan withdrew his request.
Council member Sharron Catallo recused herself from the discussion, and Council member David Marsh was absent. Luginski and council members Thomas Hunter, Eric Haven, and Mike Sabol voted to go into closed session. Bisio voted “no.”
The Open Meetings Act requires a two-thirds vote to go into closed session.
The Open Meetings Act also requires a written legal memorandum from the city attorney to allow a closed session.
The memorandum submitted by Ryan at the meeting does not qualify, Bisio said.
On March 11, Bisio posted information and comments on his Facebook page regarding 148 N. Main and the closed meeting. The postings prompted a series of emails amongst five members of the city council, Luginski, Catallo, Haven, Hunter, and Sabol.
The emails were exchanged by council members on April 18-19, and copied to council members David Marsh and Richard Bisio, and City Manager Carol Eberhardt.