Shaya v Hamtramck, Et Al

8/12/2019 Shaya v Hamtramck, Et Al

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STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE

STEVE SHAYA,

Case No. NZPlaintiff, Hon.

s.

!AVI! "E#CASTRO, A!AM TAR!IF,

AN!Y MI#ES$I, MA% GAR"ARINO, ERI$ TUNGATE

$Y#E TERTZAG, CITY OF HAMTRAMC$,

!efen&ant.

'''''''''''''''''''''''''''''''''''''''''''''''''''''''(

#AW OFFICES OF SA#EM F. SAMAAN, P.C.M. MICHAE# $OROI )P***+-

Attone/ fo Plaintiff

01 Not2 Main Steet

Pl/3o4t2, MI *50+60789

)+8*- *1:6**

'''''''''''''''''''''''''''''''''''''''''''''''''''''''(

COMP#AINT

Now comes the Plaintiff Steve Shaya, by his attorney, M. Michael Koroi, and complains

to this Honorable Court as follows:

. Plaintiff is a resident of the County of !ayne, State of Michi"an.

#. $efendant $avid %elcastro is a resident of the County of Macomb, State of

Michi"an.

&. '() $efendant (dam *ardif is a resident of the, State of Michi"an+ he is

currently employed as a ser"eant detective of the Hamtramc Police $epartment.

'%) $efendant (ndy Milesi is a resident of the County of !ayne, State of

Michi"an+ he is currently employed as a ser"eant detective of the Hamtramc

Police $epartment.


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-. $efendant ri *un"ate is a resident of the State of Michi"an.

/. Ma0 1arbarino is a resident of the County of Macomb, State of Michi"an+ he is

currently employed as a Chief of Police of the City of Hamtramc and has been so at all relevant

times herein.

2. Kyle *ert3a", all relevant times herein, was the city mana"er of the City of

Hamtramc+ his employment with the city was terminated in 4uly of #5&.

6. *he City of Hamtramc is a municipal corporation, or"ani3ed and e0istin" under

the laws of the State of Michi"an, with its principal office located at &-5 valine.

7. Plaintiff is a re"istered builder and civil en"ineer and the current $irector of the

City of Hamtramc $epartment of Public Services '8$PS9).

. '() Plaintiff was hired as $PS $irector on ;ebruary #, #5#, si"nin" an

8mployment ("reement9 'see 0hibit ()+ Plaintiff prior to this had si"ned a 5


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'%) =t is further the intent of this chapter that a public servant, re"ardless ofwhether specifically prohibited by this chapter, shall avoid any action, whichmi"ht result or create the appearance of:

') >sin" public office or employment for private "ain personal ormonetary+

'#) 1ivin" improper preferential treatment to any person or or"ani3ation+

'&) =mpedin" "overnment efficiency or economy+

'-) ( lac of independence or impartiality of action+

'/) Main" a "overnment decision outside of official channels+ or

'2) (ffectin" adversely the confidence of the public in the inte"rity of thecitySection &.55#

. Section &.55/ specifies proscribed conduct of said thics Chapter and sets forth

in relevant part:

'() General prohibition against conflict of interest. =n order to avoidimpropriety, or an appearance of conflict of interest, no current public servant should be involvedin any activity that mi"ht be seen as conflictin" with the conduct of official city business oradverse to the interests of the city. ven the appearance of the followin" prohibited conductalone may be sufficient to constitute a violation of this ethics chapter.

A A A A

'$) Beneficial interest in business transaction or participation in a contract.No public servant shall participate or benefit from 'momentarily or personally) in his or hercapacity as a public servant in the main" of a contract in which he or she has financial interest,direct or indirect, or perform in re"ard to a contract some function which reBuires the e0ercise ofdiscretion on behalf of the city. No public servant shall participate in contracts...... involvin" abusiness in which he or she has a substantial interest......

') Engaging in certain private employment. No city employee or publicservant shall en"a"e in or accept private employment or render services for, any private interestwhen the employment or service is incompatible with the property dischar"e of official duties orwould tend to impair independence or ud"ment or action in the performance of official duties.

A A A A

&


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'1) Improper use of position. No public servant shall nowin"ly use his or heroffice or position to secure personal benefit, "ain or profit, or use his or her position to securespecial privile"es or e0ceptions for himself, herself, or for the benefit, "ains or profits of anyother persons......

&. *he thics Chapter establishes re"ulations and procedures re"ardin" mattersre"ardin" disclosure of actual and potential conflicts of interest between the private self


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No public servant shall reBuest, use or permit the use of any consideration,treatment, advanta"e, or favor beyond which it was the "eneral practice to"rant or mae available to the public at lar"e. (ll public servants shalltreat all citi3ens of the city with courtesy, impartiality, fairness and

eBuality under the law.......Section &.55-

-. '() (s of 4uly , #5&, $efendant City of Hamtramc became under the control

of an 8emer"ency mana"er9 pursuant to Public (ct -&2 of the #5# Docal ;inancial Stability and

Choice (ct, after 1overnor Snyder declared a 8financial emer"ency9 in that municipality under

MCD -./-2')'b) of said enactment.

'%) 1overnor Snyder appointed Kathy SBuare as emer"ency mana"er under MCD

-./-+ she remains in power to this date.

/. Plaintiff around $ecember of #5 complained to %ill Cooper, then Hamtramc

City Mana"er, and then a member of Hamtramc City Council, that Kevin S3uminsi, Police

Eeserve Chief, (dam *ardif, then a police ser"eant in the Hamtramc Police $epartment, was

violatin" local ethical laws, cited above, by undertain" simultaneous employment with Compu

%otsford Mechanical Shop '8C%MS9) who at the time was repairin" police vehicles, and that

*ardif was repairin", installin" li"hts, sirens, decals and other modifications of police vehicles.

2. Plaintiff also complained to Cathy 1ordon and %ill Cooper that *ardif was

advocatin" to the then


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employment relationship with C%MS.

7. *hat because of these complaints, a city investi"ation was launched into this dual

employment issue, *ardif and S3uminsi, were forced to direct letters that were forwarded to

Hamtramc City Council disclosin" their aforesaid additional employment+ this disclosure is

reflected in the ("enda of the 4anuary #-, #5# City Council meetin" and the on"oin" minutes

of that meetin".

. *hat as a result of that investi"ation, Hamtramc City Mana"er %ill Cooper also

announced that the dual employment of these officers needed to stop.

#5. (fter Plaintiff si"ned his ;ebruary #, #5# employment a"reement referenced

above, he disclosed to Cathy 1ordon and %ill Cooper that *ardif was operatin" a towin"

business under an unre"istered assumed name 8$( *owin"9 or 8$etroit lectric (utomotive

Co.9 in violation of the thics Chapter of the Hamtramc City Code and that specifically, $(

*owin" was billin" the City of Hamtramc Police $ept dru" forfeiture fund for towin" services

paid or to be paid by a friend of *ardif, S"t. !ally *ripp.

#. Said operation of 8$( *owin"9 also conflicted with the Hamtramc City Code

to the e0tent that %F* *owin" was "iven the e0clusive towin" contract by Hamtramc City

Council and $( *owin" had absolutely no proper authori3ation to conduct any towin"

activities on behalf of the City of Hamtramc.

##. (s a result of the complaints of Plaintiff re"ardin" $( *owin", the City of

Hamtramc too remedial measures to ensure that $( *owin" or *ardif would not conduct any

further unauthori3ed towin" operations on behalf of the City of Hamtramc.

#&. *hat *ardif had been assi"ned to as one of two representatives of the Hamtramc

Police $epartment to wor with the $ru" nforcement (dministration.

2


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#-. $urin" a maor $( investi"ation that resulted in raids a"ainst suspected dru"

trafficin" tar"ets, *ardif used his connection with S"t. *ripp to sei3e a lar"e number of vehicles

of suspects and arresters, *ardifGs 8$( *owin"9 ended up towin" the vehicles and the

Hamtramc Police $epartmentGs dru" forfeiture fund was billed appro0imately ,#55.55.

#/. 8>pon appointment, an emer"ency mana"er shall act for and in the place and

stead of the "overnin" body and the office of chief administrative office of local "overnment.

*he emer"ency manner shall have forbad powers in receivership to rectify the financial

emer"ency and to assure the fiscal accountability of the local "overnment and the local

"overnmentGs capacity to provide or cause to be provided necessary "overnmental services

essential to the public health, safety, and welfare. ;ollowin" appointment of an emer"ency

mana"er and durin" the pendency of receivership, the "overnin" body and the chief

administrative officer of the local "overnment shall not e0ercise any of the powers of those

offices e0cept as may be specifically authori3ed in writin" by the emer"ency mana"er or as

otherwise provided by this act and are subect to any conditions reBuired by the emer"ency

mana"er.9 MCD -./-.

#2. Plaintiff is a >nited States citi3en of =raBi national ori"in and an adherent of the

Chaldean


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to his ethnic?reli"ious persuasion+ *un"ate placed a fraudulent reprimand

in PlaintiffGs personnel file, which was removed after le"al counsel for

Plaintiff protested 'see 0hibit C)+ *un"ate retaliated for PlaintiffGs

advocacy of (rab


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Pulasi Street in Hamtramc when he noticed he had baced up over broen fra"ments of one of

the tail li"hts of the champa"ne


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-. *hat Plaintiff notified ;inancial Mana"er Kathy SBuare of this recent behavior of

*ardif and she assured him she would address it+ SBuare proceeded to notify Chief of Police

1arbarino to cause this investi"ation to cease.

-#. @n November /, #5&, Plaintiff left city offices shortly after noon to have lunch

at his home on Pulasi Street and, after completin" his lunch, returned to municipal offices after

:55 p.m.+ his departure and return trip in a city vehicle were uneventful.

-&. Plaintiff operated the city


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$ispatch: !here are you at now so = can have officers meet you there.Iictim: (hh, =Gm ust passin" Norwal comin" up on Poland F %rombach.

$ispatch: @, do you want them to meet you out there or you want to come to the station.Iictim: eah whatever is easier for you "uys

$ispatch: Probably easier if you come in sir.Iictim: @K.$ispatch: !ill let the boss now...Iictim: (hh, =Gm, lie = said = couldnGt "ive you an idea of the face... it appeared to be ablac male, and = donGt now if this is the vehicle.. = canGt see front end$ispatch: So this is not the *rail %la3erIictim: *hatGs not probably not the vehicle.Iictim: =ts probably not, lie = said = had to turn around and catch up to it, the "uy wassBuirtin" ahead on me... anyways you "uys are on valine arenGt you$ispatch: &-5 valine, ust past 1alla"her.Iictim: @K, = will head into the station then... *han you, sir. !eGll see you in a minute.

-/. *hat at the time the call from %elcastro was bein" received by Mr. Eobinson,

$efendant *ardif was servin" as the Hamtramc P.$. watch commander+ *ardif frantically

attempted to "ain control of the incomin" call from %elcastro.

-2. '() $efendant *ardif, later on November /, #5&, proceeded to enter onto

PlaintiffGs wor premises as the City of Hamtramc and be"an, in full view and earshot of both

members of the public and PlaintiffGs staff subordinates, be"an discourteous and hostile

interro"ation re"ardin" PlaintiffGs possible involvement in a purported hit


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-6. Plaintiff met the emer"ency mana"er Kathy SBuare late in the day on November

/, #5& at the end of the wor day and both observed the alle"ed city vehicle purportedly

involved in the alle"ed hit


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indicated S"t. Milesi would be handlin" the hit


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2-. (t about &:56 p.m. on #??& Plaintiff served a ;reedom of =nformation (ct

reBuest any and all written documents and voice recordin" related to call of %elcastro.

2/. (t appro0imately /:56 p.m on #??& Plaintiff received a phone call from

Milesi to 8tear


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D=N records relative to himself, (dam *ardif and the aforesaid %la3er+ this was denied.

COUNT I6 VIO#ATION OF

WHIST#E "#OWER;S PROTECTION ACT

6#. Para"raph @ne throu"h Seventy


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'$) interferin" with his ability to function at his employment by, amon"other thin"s, failin" to report water main breaa"e for hours, confiscatin"his photo identification, breain" into his city


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7/. *hat each of the three $efendants was motivated by malice or a primary purpose

other than brin"in" an offender to ustice.

72. *hat as a direct and pro0imate result of said institution of criminal proceedin"s,

Plaintiff sustained dama"e and inury.

76. Such dama"e and inury includes attorney fees, mental an"uish, embarrassment,

wor loss, and emotional distress.

COUNT III6 A"USE OF PROCESS

77. Para"raph @ne throu"h i"hty


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-. (s a direct and pro0imate result of said abuse of process, Plaintiff has sustained

all dama"e and inury pled, supra.

COUNT IV6 VIO#ATION OF

FREE!OM OF INFORMATION ACT

/. Para"raphs @ne *hrou"h Ninety


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citi3ens+

'$) of PlaintiffGs substantive due process ri"hts a"ainst filin" of maliciousand "roundless criminal proceedin"s+

') of his liberty interest under the $ue Process Clause to be free ofharassin" and retaliatory conduct due to his e0ercise of his constitutionalri"hts and his national ori"in or reli"ion+

';) of ri"hts a"ainst arbitrary and discriminatory police conductestablished by the Civil Ei"hts (ct of 2-.

5. (s a direct and pro0imate result of such violations, Plaintiff has sustained all

inury and dama"e pled supra herein.

COUNT VI6 VIO#ATION

E##IOT6#ARSEN CIVI# RIGHTS ACT

5#. Para"raphs @ne throu"h @ne


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reference.

56. %y virtue of the acts pled above, each $efendant has committed intentional and

outra"eous acts tar"eted to deny Plaintiff his constitutional ri"hts and were calculated to induce

severe emotional mental and physical trauma to Plaintiff, pro0imately causin" all inury and

dama"e pled supra.

!HE;@E, Plaintiff Steve Shaya respectfully prays that this Honorable Court award

him the followin" relief:

'() ;@=( enforcement, includin" actual and punitive dama"es, costs and attorney

fees+

'%) costs, interest and attorney fees under civil ri"hts law pled+

'C) *.E.@ and preliminary inunctive relief a"ainst $efendants to protect Plaintiff in

his ri"hts to non

Documents

Shaya v Hamtramck, Et Al