Ann Arbor City Council and school board both need lessons in open government
Openness and transparency of government information advances democracy and good governance, helps fight corruption and government incompetence and is crucial for the defense of basic human rights. I learned this lesson indelibly in my youth when a corrupt Republican president was thrown out of office.
Federal and state legislatures passed the Freedom of Information Act and other “Sunshine Laws” to ensure that politicians cannot cover up the truth and that those who do are exposed and voted out of office. Unfortunately, some of Ann Arbor’s key civic leaders, both in our city hall and public schools, have forgotten this basic lesson.
With fire trucks only able to reach the third floor or less, the city firefighters and building residents were placed in harm’s way in responding to this fire.
It is important to note that the entire firefighting force on duty that afternoon responded to the fire. Because five fire trucks responded and the fire department has suffered expensive thefts of fire fighting apparatus when their trucks are not guarded, one firefighter from each truck stayed on the ground and five teams of two firefighters each searched the building and extinguished the blaze.
Maynard House has 74 units on 10 floors. If more than only a handful of residents had had to be evacuated by the five teams available (at least one of which would have had to spend their time extinguishing the blazes), there is no way that a timely rescue of the 100+ residents could have been mounted. Imagine if the building that caught fire was one of the many high-rises in the Universrity of Michigan Hospitals complex, or if the 10-story Courthouse Square Senior Apartments downtown had caught fire?
Even President Obama has weighed in on the importance of transparency with a White House Memorandum on Transparency and Open Government:
“Openness will strengthen our democracy and promote efficiency and effectiveness in Government. Government should be transparent. Transparency promotes accountability and provides information for citizens about what their Government is doing. Government should be participatory. Public engagement enhances the Government's effectiveness and improves the quality of its decisions. Knowledge is widely dispersed in society, and public officials benefit from having access to that dispersed knowledge. Executive departments and agencies should offer Americans increased opportunities to participate in policymaking and to provide their Government with the benefits of their collective expertise and information. Government should be collaborative. Executive departments and agencies should use innovative tools, methods, and systems to cooperate among themselves, across all levels of Government, and with nonprofit organizations, businesses, and individuals in the private sector.”
A recent poll on AnnArbor.com [www.annarbor.com/news/ann-arbor-officials-taking-step-back-from-closing-two-fire-stations/] asked the question, do you support the plan to close two [of the five] Ann Arbor fire stations? Of the 602 votes cast, 73% said no and only 27% supported the plan. Rather than studying this ill-advised plan further, City Council should direct the city administration to stop studying the plan, hire the firefighters already budgeted, add the $480,000 required to reach the 88 firefighters required, buy a replacement tower fire truck and expedite the repair of or replace the city's ladder truck.
Most importantly, I am aware of the fire response and the possible loss of the SAFER grant money because I received two anonymous communications from city firefighters. Why was this communication anonymous? The fire chief has illegally ordered all firefighters not to talk to members of the press [www.annarbor.com/news/ann-arbor-officials-taking-step-back-from-closing-two-fire-stations/]. The executive director of the ACLU of Michigan assures me that if this illegal policy is not discontinued immediately that a lawsuit may ensue.
It is truly appalling that the city is perpetrating and participating in an illegal coverup of the ongoing mismanagement causing the decline in fire safety in the city. If City Council does nothing about it, they will be complicit in the errors that continue to be made. I outlined these facts in a speech to City Council on May 7, and since then, no steps have been taken to rescind the illegal gag order.
Meanwhile over at Ann Arbor Public Schools, there is a controversy because when a board trustee asked Superintendent Patricia Green “about the process community members should employ to obtain information… Green said parents should use the Freedom of Information Act for these requests.” The meeting that this occurred at was part of the discussion process for how to best close a $17.8 million shortfall by possibly eliminating more busing, cutting more staff and closing a building, among other things.
Needless to say feelings are running high about the attitude of the school administration and their attitude toward transparency. While it is critical for the entire community to have a maximum amount of information about the school’s 2013 budget, the members of the community most impacted by the decision cannot readily get access to some of the information they feel they need. In fact, several people have commented that when FOIA requests are made to AAPS, they receive nothing back in violation of either the spirit or the actual text of the Michigan FOIA Law.
Ann Arbor’s city government has also had issues with transparency and FOIA disclosures in the past, most famously the scandalous emails passed among members of City Council during open meetings.
Here's the Michigan Legislature's stated purpose for enactment of the FOIA: "It is the public policy of this state that all persons . . . are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and public employees, consistent with this act. The people shall be informed so that they may fully participate in the democratic process."
It is sad that some of our civic leaders need to relearn this.
Stephen Ranzini is president of Ann Arbor-based University Bank. He is a former community member of the AnnArbor.com editorial board. He may be reached at ranzini@university-bank.com.
Comments
Stephen Lange Ranzini
Thu, Jun 14, 2012 : 3 a.m.
@Mick52: The ACLU of Michigan supplied me with two rulings, one from 12/29/2010 Gaspar v. Dicks, where they won a suit against the police chief in Flint (Case No. 08-cv-13707 in the U.S. District Court Eastern District of Michigan Southern Division), and a suit they won in Frenchtown, MI on behalf of Frenchtown Township Firefighters Union when a federal judge struck down a policy forbidding firefighters to speak to the media unless they first received the fire chief's permission. The Court held that the rule violated the firefighters' free speech rights regarding matters of public concern. See, http://www.aclumich.org/pdf/frenchtownfirefightersopinion.pdf According to the ACLU of Michigan, it is well established that public employees do not "relinquish the First Amendment rights they would otherwise enjoy as citizens to comment on matters of public interest" when they accept their employment with the government.
Mick52
Fri, Jun 15, 2012 : 3:09 p.m.
So then why are your confidential sources not willing to have their names used? The US District Court's decision would apply here, yet there still is standing case law that supports it in re to whistleblowing at the Federal Appeals level and the practice of the current admin at HHS. I guess I would withhold my name until too until this issue reaches the SCOTUS for a final ruling.
Quoniam
Thu, Jun 14, 2012 : 2:31 a.m.
There should be no such thing as public schools.
harry
Thu, Jun 14, 2012 : 5:16 p.m.
I agree
Mick52
Wed, Jun 13, 2012 : 11:57 p.m.
In re to the illegality of barring employees from speaking to the press, here are two examples that show it is legal, one a federal Appeals Court Ruling. The other is a policy of HHS: http://www.whistleblowers.org/storage/whistleblowers/documents/tides9thciropinion20110503.pdf http://www.commentarymagazine.com/2011/09/29/hhs-speech-ban-media/ I am not saying this is good, my point is it is not illegal and should not be referred to as such without some proof.
Mick52
Wed, Jun 13, 2012 : 11:54 p.m.
What law that makes it illegal to order employees to not make comments to the press? I know of none and I know many employers tell their employees to not speak on issues, like the place I worked. They have a spokesperson, not an uncommon practice. So how is this an illegal gag order? I would like some documentation on that, other than the ACLU says it is illegal. Either a statute or case law to support this opinion that it is illegal to tell employees not to speak to the press. "the city is perpetrating and participating in an illegal coverup of the ongoing mismanagement causing the decline in fire safety in the city." That is a serious accusation, along with "ongoing mismanagement" to write without some documentation. It is no secret the AAFD is operating with less personnel as before and that response times do not meet with NFPA. So where is the cover up? Not sure from the article here what happened at Maynard House but in this case, for the initial fire and the kitchen fire, was a ladder truck necessary? Since the article notes, "With fire trucks only able to reach the third floor or less, the city firefighters and building residents were placed in harm's way in responding to this fire." This implies that they did need a ladder truck, since they "were placed in harm's way," during this fire. So this incident so big a ladder truck was needed? That would mean they could not get to this fire by use of the stairs. Also, in regard to the SAFER grant. Funding your departments by grants is an iffy proposition. Grant money is good until it runs out. Then you have to hope your city can sustain that cost. In this article, it notes that Flint received a SAFER grant that will save 32 fire fighters and add 7 more. It is a toss up whether Flint will be in good enough shape to maintain those positions. A2 maybe, but this makes me wonder if other cities need it more than A2. Is the building protected by a fire suppression system? Th
Albert Howard
Wed, Jun 13, 2012 : 11:38 p.m.
Ann Arbor Political Expose 101: For nothing is hidden that will not become evident, nor anything secret that will not be known and come to light. Transparency in Ann Arbor government...no more shortcuts.
Bryan Ellinger
Thu, Jun 14, 2012 : 3:09 a.m.
This voter is adamantly against heads of government taking their marching orders from books on bronze-age, nomadic superstition. Can we get some rational opposition to our current situation, please?
Alan Goldsmith
Wed, Jun 13, 2012 : 7:04 p.m.
"Here's the Michigan Legislature's stated purpose for enactment of the FOIA: "It is the public policy of this state that all persons . . . are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and public employees, consistent with this act. The people shall be informed so that they may fully participate in the democratic process."" Sadly we have a Mayor who does everything he can do duck and dodge this with his words and actions. Pathetic!
John Q
Fri, Jun 15, 2012 : 12:04 a.m.
"Everything"? The Mayor wasn't involved in the e-mail shenanigans.
Alan Goldsmith
Wed, Jun 13, 2012 : 7 p.m.
There isn't going to be openness and transparency from City Government until we demand and elect Council representatives who feel strongly about it to replace others on Council who don't. We know how the Mayor feels on this topic (like a dime store Dick Cheney) as well as several members who have been on Council for years. We have a rare chance to make the changes needed in August and November that will hopefully put an end to all these closed door Oh-I-ran-into-the-CEO-of-DTE-at-The-ARB crap and open up local government to the sunlight.
Bryan Ellinger
Thu, Jun 14, 2012 : 3 a.m.
How do we vote this mayor out, when he goes virtually uncontested? Will a qualified (prophets don't qualify) candidate please come forward? It seems that having no mayor at all would be better than the current situation.
The Black Stallion3
Wed, Jun 13, 2012 : 6:17 p.m.
Who is the editor today?
demistify
Wed, Jun 13, 2012 : 5:22 p.m.
"Meanwhile over at Ann Arbor Public Schools, there is a controversy because when a board trustee asked Superintendent Patricia Green "about the process community members should employ to obtain information… Green said parents should use the Freedom of Information Act for these requests." In other words, the reply of this "civil servant" to a citizen making a legitimate information request is "So sue me!".
John Q
Fri, Jun 15, 2012 : 12:03 a.m.
FOIA requests are not lawsuits. They are formal requests for information. There's a big difference between filling out a form to request information and having to go to court to get a judge to force someone to give you information.
Joseph Welch's Ghost
Wed, Jun 13, 2012 : 3 p.m.
With friends like these . . . .
demistify
Wed, Jun 13, 2012 : 5:28 p.m.
Has this become a seance?
Patricia Lesko
Wed, Jun 13, 2012 : 1:55 p.m.
Steve this is a terrific piece. I filed a FOIA with the school district to get ACTUAL enrollment numbers per school, per teacher, per class. It took 72 days. Those documents revealed that while target enrollment was set at 30 students per class, in our middle and high schools, math, science and English classes are jammed with 40-50 students (http://www.a2politico.com/2012/04/aaps-documents-reveal-middle-and-high-school-classes-have-40-students/). I filed a FOIA to view credit card receipts for AAPS employees. The District responded that the information would cost me $500. Gagging city employees? LOL. You get tips. I get info/documents from city staffers. This administration is accustomed to telling whoppers (why not? AA.com has posted them verbatim http://www.a2politico.com/2011/03/weekly-whopper-ann-arbor's-long-term-debt-has-increased-from-in-119m-in-1999-to-246m-in-2010/). Remember in 2010 when Hieftje, Teall, Hohnke and Smith ALL told voters the Stadium Bridge repair work was scheduled to begin in March 2011 (http://www.a2politico.com/2011/02/weekly-whopper-the-city-will-fix-the-stadium-bridges-next-spring/)? The delightful part of writing about city politics is that I am seeing change, and regularly seeing parts of posts at A2Politico.com posted here in the comment sections, and parts of your posts, as well. Around 30K-40K people read A2P now, and it's getting tougher and tougher for these people to simply repeat fabrications, and have the fibs go unchallenged. Your piece here does just that. If the ACLU does file suit on behalf of the city's firefighters in order to protect their right to freedom of speech, John Hieftje and his Democrats for ALEC on this City Council will have to explain how free speech is optional.
Stephen Lange Ranzini
Wed, Jun 13, 2012 : 1:16 p.m.
@Craig Lounsbury: I confirmed all the information I had received anonymously, with Matt Schroeder, the president of the city's fire fighters union.
Stephen Lange Ranzini
Wed, Jun 13, 2012 : 3:19 p.m.
@sigdiamond & Craig Lounsbury: As a regular columnist for AnnArbor.com, I have been instructed as to a limit on the scope of my investigative research activities within certain parameters and I am under instructions to let Ryan Stanton sort out the issues I uncover. I expect you will read about some of these issues further in future articles by Ryan. FYI, it is my information that the SAFER grant money MAY have to go back because the city has no fire fighters to recall from lay off and the grant has a requirement to use the money to rehire laid off fire fighters. If it can't be fixed the grant money will be lost, I am told. I have confirmed all the information I received from anonymous sources from TWO sources inside the fire department. In addition to Matt Schroeder, I confirmed the information with a second individual who asked to have their name not be used, as they are afraid to lose their job if they are known to be talking to me, due to the illegal gag order which prohibits members of the fire department from talking to the press. I would encourage any whistle blower to bring me information. My email address is listed at the end of the column.
Patricia Lesko
Wed, Jun 13, 2012 : 2:01 p.m.
@sig what topedoed my campaign was my own inexperience. I should have sued AA.com for libel and Hieftje, as well. I would do things very differently today, and can say that The Ann Arbor Observer rakes in $100-$200K in advertising per year from the City of Ann Arbor. Jim Leonard wrote a hatchet job and John Hilton published it. Welcome to politics. When the Observer goes under, I won't be the only person who yawns.
Craig Lounsbury
Wed, Jun 13, 2012 : 1:37 p.m.
@Stephen Lange Ranzini what exactly did you confirm? That the SAFER grant may be lost because of an administrative snafu. or it WAS lost? Because if it WAS lost that is news worthy. The unsubsantiated rumor that it MAY be lost, a rumor from people who dislike city Government is hardly "information"
sigdiamond
Wed, Jun 13, 2012 : 1:23 p.m.
This is the same Matt Schroeder who, along with Pat Lesko, got caught lying about the city misappropriating fire department funds, right? Remember, the lie that pretty much torpedoed her campaign? http://arborweb.com/articles/satan_for_mayor___full_article.html I'm sure this guy's word is completely unassailable and trustworthy.
Craig Lounsbury
Wed, Jun 13, 2012 : 1:04 p.m.
its a bit ironic that several of your points (bordering on allegations) about the lack of Government transparency are based on anonymous sources who aren't supposed to talk to the press......except you aren't the press your a banker.
Patricia Lesko
Wed, Jun 13, 2012 : 2:10 p.m.
@Craig, Hieftje and his Hive Mind pals are VERY vindictive. The Ann Arbor News editorialized as much several years ago writing that Hieftje "sprints to accept praise" and is known to be vindictive. You're reading the morning news. The police and fire fighters are living through staffing cuts that make it difficult for them to keep us safe. Don't believe me. Don't believe Steve. Walk into a fire station and talk to staff there. Talk to the patrol officer you see (when you see one). These people take oaths to protect and serve. That's all they want to do. When more people die in fire, when police offers on patrol openly admit they don't have time to file reports, well, they're hoping someone will listen. They're afraid for ours lives and their jobs and families.
Unusual Suspect
Wed, Jun 13, 2012 : 1:19 p.m.
.. and he wrote an opinion piece, which is what any of us can do.
Edward R Murrow's Ghost
Wed, Jun 13, 2012 : 12:55 p.m.
"It is truly appalling that the city is perpetrating and participating in an illegal coverup of the ongoing mismanagement causing the decline in fire safety in the city" If Stephen Ranzini could discover this "coverup", how much of a coverup could it possibly be?
Eep
Wed, Jun 13, 2012 : 5:08 p.m.
I thought you retired from commenting. I also think that the people voting your comment down are not understanding the point you're trying to make. The point is that all of these cuts have been made in the open - it's up to the voters to decide if they're going to tolerate the cuts or not.
bamwow
Wed, Jun 13, 2012 : 12:48 p.m.
I appreciate you shedding additional light on the AAFD. I'm surprised to read that extensive thefts of fire fighting apparatus when their trucks are not guarded! Hard to tell from the comments that anyone got your point, Stephen. Thanks, though.
CincoDeMayo
Thu, Jun 14, 2012 : 11:29 a.m.
Ranzini mentioned "expensive" thefts, not "extensive" thefts as noted by babwow. I noticed because this was news to me. I re-read those few sentences a few times. And then realized that a theft of even any one small part off of a fire truck could be expensive. I appreciate Ranzini's support of our community safety.
Stephen Lange Ranzini
Wed, Jun 13, 2012 : 9:33 p.m.
@bamwow: Great user name! Thanks for reading my column carefully. But of course we've been TOLD repeatedly by our Mayor, Councilman Taylor, the owner of Bivouac & etc. that there is NO crime problem in Ann Arbor! @ADH made this excellent point in a comment on my column last week: "How can a city with one of the top University's in the Country not consider more police officers to make common sense. Ask yourself the question would you want to send your child to college in a unsafe town? It's always a bad idea to cut police officers and firefighters. Ann Arbor once was a prized city to live in. Please let's not lose that. HIRE MORE POLICE and keep this great city safe." The same goes for fire protection. A lot of these students live in dorms or apartment buildings that are more than three stories high.
Linda Peck
Wed, Jun 13, 2012 : 12:27 p.m.
Thank you, Mr. Ranzini, for this very interesting article. It is shocking really to read again how crucial fire protection and education issues are being mishandled by our government.
walker101
Wed, Jun 13, 2012 : 12:14 p.m.
I guess Eric Holder who was appointed by Obama is a fine example of integrity, honesty and transparency, heaven forbid that only Republicans are dishonest. I guess all Marxist and Socialists are just fun loving people and only look out for the best interest of the people they control?
The Black Stallion3
Wed, Jun 13, 2012 : 6:16 p.m.
Holder is a fine example of democratic leadership
E Claire
Wed, Jun 13, 2012 : 3:34 p.m.
Wish he would have worded his first paragraph differently. Very much agree with Mr. Ranzini but many people won't get past that first paragraph.
Linda Peck
Wed, Jun 13, 2012 : 12:29 p.m.
I think Mr. Ranzini is discussing issues which are concerning from all points of view in the political system.
Stephen Lange Ranzini
Wed, Jun 13, 2012 : 11:59 a.m.
In case you were reading fast, I want to repeat and emphasize the fact that both the city's only ladder truck and tower truck have been broken and out of commission for some time now. They have been sent out of town for repairs, repairs which will take several months, so the city has no fire protection vehicles available to combat fires about the third floor of any building, nor will they for an extended period of time, except through mutual aid coming from the fire departments of surrounding communities. Are you OK with that?
E Claire
Wed, Jun 13, 2012 : 3:30 p.m.
No one is ok with it but your whole point has been pushed to the side by your use of "Republican" president. The leaders in this city are Democrats but that wasn't noted (nor should it have been). This affects us all, regardless of political affiliation, so why not just leave that out.
mike gatti
Wed, Jun 13, 2012 : 1:21 p.m.
Couldn't they lease one for a short period? It might be expensive but would cover the gap?
pbehjatnia
Wed, Jun 13, 2012 : 12:49 p.m.
I am not 'comfortable' with this. I would like a hearing for the mayor and council to explain how this is ok. I would also like to know if our fire chief is so rich he intends to defend the potential ACLU suit from his retirement account?
Stephen Lange Ranzini
Wed, Jun 13, 2012 : 12:31 p.m.
"about" should be "above". Sorry. Sigh.
The Black Stallion3
Wed, Jun 13, 2012 : 11:51 a.m.
Liberalism / Socialism at it's best.....right here in A2
The Black Stallion3
Wed, Jun 13, 2012 : 6:15 p.m.
Typical is what we see in A2 politics.....about as far left as you can go
The Black Stallion3
Wed, Jun 13, 2012 : 6:14 p.m.
Typical would be what A2 is to socialism and the proof is in their local government.
ViSHa
Wed, Jun 13, 2012 : 1:47 p.m.
OMG, pot meet kettle!!!
mixmaster
Wed, Jun 13, 2012 : 12:49 p.m.
Typical conservative. Start with inflammatory name and then get down and dirty in the mud. Just a few days ago. This same poster chastised every one who disagreed with him as hateful. And now goes into the gutter himself. What a great way to turn the other cheek.
Stephen Lange Ranzini
Wed, Jun 13, 2012 : 11:26 a.m.
@tdw: I am referring to President Richard "Tricky Dick" Nixon who resigned in disgrace because of his failed cover up of the Watergate scandal.
Stephen Lange Ranzini
Thu, Jun 14, 2012 : 3:34 a.m.
@Craig Lounsbury & @Walker101: Unless you study the historiography, you can't fully comprehend what a dishonorable man Nixon was from the very beginning of his political career. Please read former BBC correspondent Anthony Summers' meticulously researched book, The Arrogance of Power: The Secret World of Richard Nixon, pages 54-55. The incident described is reported based on the written confession of the man involved which Summers obtained. The whole book is an excellent and worthwhile read. The contemporaneous review in the Financial Times of London noted that the book is based on 700 interviews and concludes, "...we can only feel amazed that the world survived [Nixon]. Summers does not, it must be said, give credit to every wild rumor and allegation, but even those he has established beyond reasonable doubt are quite enough."
Hammer
Wed, Jun 13, 2012 : 8:24 p.m.
The irony is that Hillary Clinton was one of the shlubs on the Watergate Inquiry Commission.
tdw
Wed, Jun 13, 2012 : 6:39 p.m.
Dcam.....I'm not denying why he resigned.But he was not tossed or removed he resigned simple fact.And I know the difference between impeachment and removal.Some people just like twist things to suit their own reality.People can say that Clinton was impeached for political reasons but the fact is that the impeachment itself was on charges of perjury and obstruction of justice.I understand that sticking to facts is just very unpopular for some people.
Dcam
Wed, Jun 13, 2012 : 2:57 p.m.
Nixon, like Supreme Court Justice Abe Fortas (Democrat appointed, btw) resigned when confronted with the undeniable fact that they would be impeached and they would be removed from office, ergo, it's not stretching a point to infer they were 'tossed' out of office. The Clinton impeachment, like Johnson's before that, was for political motives, not high crimes and misdemeanors. Furthermore, impeachment is one thing, conviction and removal quite another. Impeachment is, as Thomas Jefferson said, but a scarecrow and really but a dog and pony show for political leverage. Removal of high office holders is serious business, and no high ranking politician wants to set a precedent which would make all vulnerable to removal at the opposition's whim.
SEC Fan
Wed, Jun 13, 2012 : 1:13 p.m.
Actually, I don't think Nixon resigned because of the "failed cover up" of Watergate. Rather, it was the bugging of Dems' offices in Watergate.
tdw
Wed, Jun 13, 2012 : 1:05 p.m.
You are right it was about sex not lying under oath.Got it
tdw
Wed, Jun 13, 2012 : 12:41 p.m.
Ok I get it now. " tossed " or " thrown " just sounds better than " resigned " regardless of what actually happened.But hey, that's what's important when talking about a Republican. And BTW I'm old enough to remember it as well
Stephen Lange Ranzini
Wed, Jun 13, 2012 : 12:29 p.m.
@tdw: President Nixon resigned rather than face impeachment proceedings, because he knew there was already a bi-partisan consensus to toss him out of office regardless of what he did or did not do. He was tossed out of office by public and political pressure when the scope of his misdeeds became public, with the full release of the damning tapes of what occurred in the Oval Office during his presidency.
tdw
Wed, Jun 13, 2012 : 12:14 p.m.
Ok thought so.Could you please explain how he was "thrown" out of office when he resigned ? You've always seemed intelligent enough to know there is a difference.He, unlike Clinton did not want to put the country through impeachment hearings.And you do realize that Clinton was only the second president to actually to be impeached don't you ?
JDed
Wed, Jun 13, 2012 : 11:25 a.m.
PILOT program by the U?
tdw
Wed, Jun 13, 2012 : 11:09 a.m.
Maybe I missed something.A corrupt president of what was thrown out of office ?
pbehjatnia
Wed, Jun 13, 2012 : 12:46 p.m.
The country.... Nixon... funsies at night in badly cut suits.....?