Motion for Contempt of Court

7/27/2019 Motion for Contempt of Court

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STATE OF MICHIGAN

IN THE 56th

CIRCUIT COURT FOR THE COUNTY OF EATON

_____________________________________

SAM FEBBA, EVIE HANNASCH, SHERRY

HENDERSON, MARTY LONG, RICHARDSLEE, JACQUELINE WOOD AND NORMAN

WOOD, as individuals,

Plaintiffs,

v

LINDA KEEFE, individually and her official

capacity as Clerk of Windsor Charter Township,

and WINDSOR CHARTER TOWNSHIP,

Defendants.

Case No. 13-563-AW

HON. JEFFREY L. SAUTER

Jaye M. Bergamini (P30636)

Attorney for Plaintiffs

2305 Scout Road

Eaton Rapids, MI 48827

Tel: (517) 230-8412

Thomas R. Meagher (P32959)

FOSTER SWIFT COLLINS & SMITH, P.C.

Attorney for Defendant Keefe313 South Washington Square

Lansing, MI 48933

Tel: (517) 371-8161

Frederick Lucas (P29074)

LUCAS & BAKER

Attorney for Defendant Township

7577 US Highway 12

Onsted, MI 49265

Tel: (517) 467-4000

William K. Fahey (P27745)

Chris S. Patterson (P74350)

FAHEY SCHULTZ BURZYCH RHODES PLCCo-Counsel for Defendant Township

4151 Okemos Road

Okemos, MI 48864

Tel: (517) 381-0100

MOTION TO HOLD DEFENDANT KEEFE IN CONTEMPT FOR VIOLATION OF

WRIT OF MANDAMUS

with

NOTICE OF HEARING FOR AUGUST 7, 2013


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The Plaintiffs by their Counsel Jaye Bergamini say:

1. That on July 15, 2013 this Honorable Court issued a Writ of Mandamusagainst the Defendant Keefe.

2. The Writ at page 4 B ordered Keefe to publish and post approved minutesand required synopses of Windsor Charter Township Board of Trustee and

Planning Commission meetings up to date through June 25, 2013, no later

than two (2) business days after meetings where minutes are approved.

Keefe has failed to publish or post any minutes or synopses since taking

office November 20, 2013.

3. The Writ at page 5 C required Keefe to bring all paychecks up to date nolater than July 16, 2013. Keefe has failed to bring paychecks up to date.

4. The Writ at page 4 E required that Keefe bring all Township accounts,books, ledgers and financial records up to date in accordance with the

Uniform Budgeting and Accounting Act (MCL 141.421-141.440a). Keefe

has failed to obey the Writ and the Township and Library audits havent

been started to date. The Township and the Library may lose revenue

sharing from the State of Michigan in excess of $400,000 sue to the failure

of Keefe to discharge her statutory duty and failure to obey this Courts

Order.


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5. The Writ at page 5 F requires that Keefe or her deputy be in the office noless than 4 hours per day. Keefe has not obeyed this part of the Writ.

6. Keefe is in contempt of Court for her intentional violation of this CourtsOrder of July 15, 2013.

7. In addition, at page 2 2c this Court found that Keefe has statutory,ministerial, non-discretionary duties to maintain the financial books and

records of the Township.

8. The Township has a Social Security Privacy Policy, adopted on December13, 2005 (as required by the State of Michigan MCL 445.81) which

prohibits unauthorized access by any party to Township records which

contain the Social Security numbers of any Township employees or officials.

9. Upon information and belief, in violation of that policy, and contrary toMCL 42.6a(6), the Defendant Keefe has sub-contracted her statutory duties

to maintain the books and records of the Township by allowing an

unauthorized person to examine the unredacted records of the Township,

without the approval of the Township Board of Trustees.

10.Plaintiffs believe and therefore allege that Keefe has illegally turned controlof Township records over to Randy Chapel, an accountant, without the

knowledge or approval of the Township Board of Trustees.


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The Plaintiffs ask that the Court find the Defendant Keefe in violation of the July

15, 2013 Writ of Mandamus and further find that she has violated her fiduciary and

statutory duty to Windsor Charter Township by giving access to confidential

financial records to an unauthorized person. Upon such a finding, Plaintiffs ask

that the Court find the Defendant in contempt and remand her to jail for an

appropriate term. Plaintiffs further ask that the Defendant be fined an appropriate

monetary amount for each day she is not in compliance with this Courts Writ of

Mandamus.

____________________________

Jaye M. Bergamini P30636 July 29, 2013

2305 Scout Rd.

Eaton Rapids MI 48827


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NOTICE OF HEARING

PLEASE TAKE NOTICE: that a hearing on the Plaintiffs Motion to Hold

Defendant in Contempt will be held on Wednesday, August 7, 2013 at 1:30 pm or

as soon thereafter as counsel may be heard, in the court room of Judge Jeffrey L.

Sauter, 56th Circuit Court for Eaton County, Michigan.

____________________________ July 29, 2013

Jaye Bergamini P30636

Attorney for Plaintiffs

Documents

Motion for Contempt of Court