Augusta Township clerk wanted on felony eavesdropping charges
More than two years after she was accused of secretly recording a conversation between two Augusta Township officials, Clerk Kathy Giszczak is wanted on criminal eavesdropping charges.
Giszczak is expected to turn herself in this week to face one charge each of eavesdropping and use or divulgence of information unlawfully obtained, Washtenaw County Sheriff’s Office spokesman Derrick Jackson said.
The charges stem from an Open Meetings Act lawsuit filed late last year. In a deposition for that lawsuit, Giszczak is alleged to have admitted that she secretly recorded a conversation between township Supervisor Pete Hafler and then-Deputy Treasurer Janice Blair. AnnArbor.com first reported the allegations in January.
Jackson said Blair was fired after Giszczak played part of that conversation to former township Treasurer Angela Sherbine. Blair was dismissed and filed a wrongful termination lawsuit against the township, Jackson said.
“Recording a conversation that you are not involved in without the parties’ knowledge is where the eavesdropping comes in,” Jackson said. “Giszczak is expected to turn herself in sometime this week.”
Giszczak could not immediately be reached for comment on the allegations Monday afternoon.
It’s the latest twist in the complicated politics of Augusta Township, in which one half of the township Board of Trustees sued the other half over a possible Open Meetings Act violation when Sherbine resigned and her replacement was named in September 2011.
A legal brief for the Open Meetings Act violation case — filed in the Washtenaw County Trial Court by Nik Lulgjuraj, an attorney representing trustees Mike King, Dan Lula, Kathy Jackson and Hafler — stated Giszczak admitted to recording a conversation between Blair and Hafler in January 2010. She then passed that information along to Sherbine, and Blair was fired, Lulgjuraj alleged.
Blair filed a wrongful termination lawsuit and, during a deposition for that case on Aug. 5, 2011, Giszczak admitted to recording the conversation, he wrote. Giszczak went so far in the deposition to state she “might have provided information to the treasurer that influenced the treasurer terminating Janice Blair,” according to Lulgjuraj.
Giszczak faced a recall election in February 2011 and voters decided to keep her in office. The Ypsilanti Courier reported last week that the township’s Board of Trustees rejected a proposal asking Giszczak to resign due to the alleged eavesdropping.
The Courier also reported the wrongful termination lawsuit filed by Blair was settled for $60,000.
Giszczak has not been arraigned on any criminal charges related to the alleged eavesdropping as of Monday afternoon.
If she’s convicted, she faces up to five years in prison on the eavesdropping charge and two years in prison on the charge of divulging information that was illegally obtained.
Kyle Feldscher covers cops and courts for AnnArbor.com. He can be reached at kylefeldscher@annarbor.com or you can follow him on Twitter.
Comments
ann Sole
Wed, May 2, 2012 : 8:40 p.m.
this is so veeery interesting. not unexpected however. the last year or so I have been afraid to enter the hall. That woman shouted at me a couple of times and was always rude. and if someelse tried to help me like the nice old man that used to work there, she would get irate and turn red. and I am not the only one, we talk about it when we have coffee. Do not we need some nice people working there. can anyone tell me who that old gentleman was, I want to call him and tell him to run for office.
chris crawley
Thu, May 3, 2012 : 12:18 p.m.
I think the old gentleman you mean is neville Slack. Yes he is or was the best person around there. and yes we would vote for him.
chris crawley
Tue, May 1, 2012 : 1:03 p.m.
simple questions that should be cleared up by reporter. did she do that & was it the only time? Does she now admit it? Is is illegal (yes, it must be) DId she state in court to the crime? why did it take the law enforcement system so long to act. Is it a state or federal crime? DId she act alone. It says the treasurer knew or was involved, that becomes a conspiracy? Is the treasure being charged also? Who all else there was part of it? Did she set up the mikes all by herself? or is she just a scrapegoat for someone else? we are entitled to more and clearer information.
ann Sole
Wed, May 2, 2012 : 9:09 p.m.
yes please let us know just who else is involved.
Average Joe
Wed, May 2, 2012 : 1:01 a.m.
Okay Chris, I am no reporter, but here is what I understand to be the case: Q. Did she do that & was it the only time? A. She made the recording, doubtful it was the only time Q. Does she now admit it? A. She admitted it under oath during a deposition in the whistle blowers case. Q. Is is illegal (yes, it must be) A. Yes, it is a felony in Michigan to record a conversation that your not a party to. Q. DId she state in court to the crime? A. See answer above Q, Why did it take the law enforcement system so long to act? A. Good question Q. Is it a state or federal crime? A. It is both Q. DId she act alone. A. Thats the million dollar question, why did Treasurer Sherbine leave the state Q.It says the treasurer knew or was involved, that becomes a conspiracy? A. Yes it does Q. Is the treasure being charged also? A. Not at this time Q. Who all else there was part of it? A. Thats a great question Q. Did she set up the mikes all by herself? A. Probably just set the tape recorder in a good spot to capture the conversation Q. Or is she just a scrapegoat for someone else? A. I think she acted alone until she listened to the tape then envolved treasurer Sherbine and probably Trustee Tobler I hope that helps clear things up abit
Alex Brown
Tue, May 1, 2012 : 12:29 p.m.
@In the know - actually this is nothing new in Augusta Township - there is a history going back many years of this sort of infighting.
Alex Brown
Tue, May 1, 2012 : 12:28 p.m.
@Fatbill - actually it would cost the taxpayers MORE. The per person spending in Townships is much less than the per person spending in cities.
in the know
Tue, May 1, 2012 : 10:54 a.m.
I think its time for the augusta residents to clean house. The officials that are there can't get along ,have cost the people of augusta a lot of money caused by the in fighting and and inability to get the job done in a timely manner This is not the first there has been trouble at township hall
ann Sole
Wed, May 2, 2012 : 9:13 p.m.
can we find that nice old gentleman that used to work at hall desk to run. i llike him. He is or was helpful and some freindly. Who is he?
CJ McDonald
Tue, May 1, 2012 : 3:59 a.m.
I don't know where "tkbw" has been. Maybe drinking Giszczak's "cool aid", because anyone who keeps track of what is going on at Augusta Township knows that the FIRST person on the planet to do anything that even smacks of being against the rules is Clerk Giszczak.
Average Joe
Wed, May 2, 2012 : 1:03 a.m.
CJ is spot on!
tkbw
Tue, May 1, 2012 : 2:34 a.m.
Oh, c'mon! We all know who the real "criminals" are here. As each and every attempt by the "Bad Guys" on the Augusta Township Board to discredit the "Good Guys" proves to be yet another totally false and fabricated accusation, the perpetrators step up their game in typical criminal fashion, growing bolder with each offense that they get away with. If it weren't so disgustingly dishonest and cruel, this latest play for headlines to sway votes as we round the corner into campaign season would be downright comical because everyone knows that the last person on the planet to do anything that even smacks of being against the rules is Clerk Giszczak. Keep it up, oh Infamous Ones. The voters are onto you, and with each outlandish story that you conjure up, the "Good Guys" just get more support.
ann Sole
Wed, May 2, 2012 : 9:12 p.m.
this posting does not male any sense. it tries to say bad things about who? it reads like a mean gradeschool kid. mad at his daddy or teacher. what crimanl fahion happened? I see from replies he can't explain his nasty comments. Did not you mother teach you better?
Average Joe
Wed, May 2, 2012 : 12:45 a.m.
Count me in, I wanna hear the dirt, what did these so called "Bad Guys", do? If they committed felonies, please list them, if they committed misdemeanors then list those too..., dont scoop the poop without backing up your claims! Balls in your court "tkbw"
Glenn
Tue, May 1, 2012 : 3:30 p.m.
I'm with Crawlly. Dish the dirt on the crooked & what deeds they did.
chris crawley
Tue, May 1, 2012 : 1:07 p.m.
oh, naive I guess, who are the real criminals? & what crimes (that is a legally defined term). Being new to area, we need enlightenment. so expound for us.
Sparty
Tue, May 1, 2012 : 5:34 a.m.
But, she admitted the CRIMES in a legal deposition. She will be convicted without doubt as a result.
Fat Bill
Mon, Apr 30, 2012 : 9 p.m.
How much money would the state's taxpayers save by eliminating the Township form of government? As it is, we have the opportunity for turf wars every 36 square miles, a silly anachronism...
Eep
Mon, Apr 30, 2012 : 9:44 p.m.
I suspect that many people would end up paying more if this happened. Without the townships, any unincorporated areas would fall under the county's central government - the county would have to provide roughly equal levels of fire, police, solid waste, and other services throughout all of the unincorporated areas - leading to higher taxes for people in the townships that currently choose to provide minimal services in exchange for minimal taxes. There would be some efficiencies from centralizing these services - but there would still be more services costing more money. Looking at Washtenaw County, if all of the townships were eliminated, it seems doubtful that the people in Ypsilanti or Scio Townships (for example) would give up their current service levels. The people in the lower-tax townships wouldn't want to pay for the level of services provided in Ypsi Township or Scio Township, but they'd have to if there was only one central county government responsible for providing these services to all of the unincorporated areas.
aawolve
Mon, Apr 30, 2012 : 8:52 p.m.
"she secretly recorded a conversation between township Supervisor Pete Hafler and then-Deputy Treasurer Janice Blair." I'm guessing the voters would be far more outraged by the contents of this recording than anything Giszczak did. Also,headlining the story with the word "wanted" gives the impression that she is on the run, which is exactly what you wanted, isn't it?
Average Joe
Wed, May 2, 2012 : 12:39 a.m.
There is no justification for breaking the law, no matter how good a reason you think you have. Everyone is entitled to their privicy. If you secretly record a conversation as you seem to justify in your comment above, then your guilty of felony eavesdropping!