OTTAWA COUNTY, Mich. — Ottawa County looks to settle one lawsuit as another is on the horizon. Court records show a tentative agreement between Grand Haven Pastor Jared Cramer and Ottawa County.
It’s unknown what the settlement is, but it does require approval from the County Board of Commissioners.
This week, two people filed a lawsuit claiming they need more transparency with the local government entity.
“I’ve submitted some FOIA (Freedom of Information Act) requests and have experienced Corporation Counsel utilizing tactics to delay, deny or charge significant fees to fulfill those FOIA requests. It's just not coming from a place of where transparency, by default,” Adrea Hill said.
Hill adds that she estimates that over the past couple of years, more than 50 FOIA requests have been submitted by her alone.
“Most of those had to do with very simple things like requesting invoices for specific vendors to understand where our tax dollars are being spent,” Hill added.
She isn’t the only one who has submitted a FOIA and had an issue.
Court documents show Luke Sanner submitted a FOIA to access “county related business” found on several of the Board of Commissioners' personal devices.
The paperwork goes on to say an Ottawa County attorney denied that request.
“Instant messaging communications found on personal cell phones are not 'public records' because they were not prepared, and not owned, used, in the possession of, or retained by Ottawa County or any board, department, commission, council or agency of Ottawa County,” Ottawa County Corporation Counsel Attorney Jack Jordan wrote.
Sanner appealed to Chairperson Joe Moss, who denied Sanner’s request.
“Instant Messaging communications found on personally-owned devices are not public records because they are not owned, used, in the possession of, or retained by the County nor were they prepared by the County,” Moss wrote.
Hill has also asked for information about a controversial meeting dealing with elected leaders' pay raises.
The Compensation Committee met in early May to sign off on the agreed pay raises. Hill claims she often saw a committee member on their phone during the meeting. She made a FOIA request to any potential county business sent or received through text messages and email by this committee member.
“I observed one of the members texting frequently throughout the meeting, and at one point, they specifically said that corporation council was coming down to provide some further information, so it gave me the sense that they were texting or communicating about county business,” Hill added.
Records show that the request would have cost more than $300, citing that there were more than 1,100 county employees. Court documents show Ottawa County Attorney Lanae Monera will not search that committee member's phone as they are “not an Ottawa County employee.”
Hill and Sanner’s attorney, Sarah Howard, argues that this committee member is a “public official in that capacity and that his communications are subject to disclosure under FOIA.”
We reached out to the Ottawa County corporation counsel. Jordan said he has not seen the lawsuit yet and will not be commenting at this time.
Read the full complaint below:
2024.10.30 - Complaint by WXMI on Scribd
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