Court of Appeals remands FOIA request in officer involved deadly shooting back to lower court
The Michigan Court of Appeals recently made an interesting ruling on a Freedom of Information Act (FOIA) request for police reports regarding an officer involved deadly shooting.
In the case of Tom Rotta v. City of Manistee, the Court upheld in part a trial court decision to not disclose the reports based on an ongoing Michigan State Police investigation. However, the trial court refused to privately review the police reports in question to determine whether all the documents met the requirements to be exempt from FOIA.
Therefore, the Court of Appeals remanded the case back to the trial court to make a decision after privately reviewing the disputed documents.
Click here for the full Court of Appeals decision in Tom Rotta v. City of Manistee.
Heins passing a tremendous loss for MAP, Sterling Heights and K9 community
By Jennifer Gomori, MAP Editor
Michigan Association of Police (MAP) suffered a tremendous loss April 28 with the passing of former longtime MAP Executive Board President Rich Heins, who just began working as a MAP Labor Relations Specialist.
Heins had just retired from Sterling Heights Police Department in March when serious infections set in following multiple foot and ankle surgeries. After six weeks in intensive care at Henry Ford Hospital, he succumbed to the infections at the age of 54 surrounded by his loved ones.
“He was a very fine professional Police Officer who was unselfish of his time and talents and he would help with whatever he could to improve the lives of law enforcement officers and their families,” said MAP Executive Director Fred Timpner.
Heins broke his left foot and ankle during a K-9 training exercise in September 2017. He took a year off police work and went through many surgeries. Heins returned to light duty for a short time in 2018, but doctors recommended yet another surgery in early 2019. Suffering with pain and swelling, he decided to retire from police work.
Heins suddenly fell ill in mid-March and was admitted to the hospital. As his health deteriorated, doctors put him into a medically-induced coma. Sadly, he never regained consciousness.
“The nurses were so nice to him in intensive care. To cheer him up they would show him pictures of his dogs,” Timpner said. “But Chase (Heins recently retired K9) has been really missing him. He actually moves furniture around the house.”
So, when doctors realized Heins would be passing soon, the nurses wanted Chase by his side. “Henry Ford Hospital staff put a call out to the family to bring the dog down,” Timpner said. “Unfortunately, Sterling Heights Police sent a K9 Officer to pick Chase up, but before they could get down there he passed away. But I thought, ‘What a class move.’”
Read more: Heins passing a tremendous loss for MAP, Sterling Heights and K9 community
Road funding disputed, college funding programs on tap, task force focuses on justice system effectiveness
In response to House and Senate Republicans ranking road funding third on their 2019 session priority list behind auto-insurance reform and the budget, Gov. Gretchen Whitmer said she will not sign any Fiscal Year (FY) 2020 spending plan that doesn’t include the road-funding piece. House Judiciary Chair Representative Graham Filler (R-DeWitt) said, “…there is nothing in writing yet but ‘two or three’ plans are being kicked around that do not include Gov. Whitmer’s new formula for distributing new road dollars… and it is not going to include the 45-cent gas tax hike…” Based on a recent poll, it appears Gov. Whitmer’s statewide effort to garner support for a 45-cents-per-gallon gas tax increase to “fix the damn roads” is failing. Almost 75 percent of residents are opposed, according to a recent poll. Gov. Whitmer unveiled two tuition-free programs in her first State of the State address and budget proposal. One provides free community college for graduating seniors and those over 25 years old, earning good grades and completing the process in a timely manner. Another bases funding on grades and income and can be applied to a four-year degree. The three branches of state government are joining together in a state task force to focus on jail and pretrial incarceration, with the goal of improving the effectiveness of the front end of Michigan’s justice system, according to an executive order signed by Gov. Whitmer. Attorney General Dana Nessel has opined that the Line 5 (oil pipeline) tunnel law is unconstitutional, saying provisions go beyond the scope of what was disclosed in its title. The Michigan Supreme Court has scheduled oral arguments for July 17 to consider the House and Senate’s requests for an opinion on whether the Legislature can amend two citizen-initiated laws during the same session they were adopted in, after the Legislature did that to the minimum wage and paid sick time ballot proposals. For more on these and other legislative issues, click here for the April 2019 Karoub Report.
Govenor's budget calls for billions for roads, million plus for schools, pension tax relief
Gov. Gretchen Whitmer’s budget calls for increasing the gas tax by 45 cents under a three-part phase-in starting Oct. 1 of this year and ending Oct.1, 2020 that would raise about $2.5 billion in new annual revenue for roads. This would be deposited into a new Fixing Michigan Roads Fund and allocated to the most highly traveled and commercially important roads at both the state and local levels. Gov. Whitmer is also asking for an additional $507 million to increase K-12 funding in her Fiscal Year (FY) 2020 budget including up to $180 more per pupil. Revenue sharing will increase 3 percent for counties, cities, villages and townships. Whitmer has called for eliminating the so-called “pension tax” and proposed paying for it by taxing “pass-through” businesses at the same 6 percent rate as the existing Corporate Income Tax. Budget recommendations also include funding for a new trooper recruit school with the anticipation of graduating 50 new troopers to keep the Michigan State Police enlisted strength at about 2,100. For more information on the Governor's Fiscal Year 2020 budget, please click here for the March 2019 Karoub Report and also visit Gov. Gretchen Whitmer's website.
Governor's executive order rejected, state withdraws from federal cases, hands-free legislation introduced
The Michigan Legislature has rejected a Governor-issued executive order for the first time in 42 years.The Republican-led Legislature passed HCR 1, rejecting Gov. Gretchen Whitmer’s Executive Order 2019-2, which would have reorganized the Department of Environmental Quality and abolished three oversight panels created by the Legislature. Attorney General Dana Nessel continues her efforts to withdraw the state from federal cases. In recent weeks, she has withdrawn the state from more than a dozen federal cases. The latest are four cases involving civil rights and two involving transparency. After Gov. Whitmer’s call in the State of the State address for “hands free” legislation, Representative Mari Manoogian (D-Birmingham) has introduced HB 4181 to prohibit drivers from using a mobile electronic device while driving unless it is in a “voice-operated or hands-free mode” and the driver doesn’t have to use his or her hands to operate it. Making 9-1-1 calls are exempted. The sale of a former state prison in Ionia for construction of a $35 million private immigration detention center has been scrapped by the governor. A judge has denied an agreement reached between Secretary of State Jocelyn Benson and the League of Women Voters. The League of Women Voters brought a lawsuit against the Secretary of State prior to Secretary Benson’s Administration over the Republican-drawn redistricted maps after the most recent census. Writing on behalf of the three-judge panel, U.S. District Judge Eric Clay said Secretary Benson “lacks the authority to enter into the proposed consent decree” which would have seen 11 of Michigan’s 110 House districts redrawn for the 2020 election. Click here for the February 2019 Karoub Report for more details on these and other legislative issues.
Free retirement planning offered to MAP dues paying members
By Jennifer Gomori, MAP Editor
While it’s true our experiences in life impact our financial decisions, having a plan for retirement isn’t something anyone should go without.
That’s the message Stuart Raider and Peter Mendler recently shared with MAP members. The Raider Dennis Agency President and Vice President encourage all members to come in for a free financial analysis and thorough retirement plan, so they are ready when it’s time to retire.
“This is something that is available to all MAP, MAPE and MAFF members that are dues paying,” Mendler said.
Raider’s father, Jordan, was only 7-years-old when his own dad passed away unexpectedly. “He learned about financial and emotional hardship,” Raider said.
Those hardships inspired Jordan to build a successful financial planning business, thus inspiring Stuart to follow in his footsteps with the business and get a college education at Michigan State University. “It taught me a lesson about responsibility for my clients,” Raider said.
Mendler experienced a similar upbringing to Raiders’ father. A former IRS Agent, current attorney and financial planner, Mendler was only 5-years-old when his parents divorced. His dad passed away when he was 12. “I went to live with my grandparents,” Mendler said. “I felt like a charity case. I learned what it was like to feel needy, vulnerable. I’ve worked my whole life to never feel like I’m in that position again.”
His grandfather inspired his financial career. “My grandfather instilled in me the value of saving,” Mendler said. “As we face retirement, we don’t want to run out of money.”
Both partners in the Raider Dennis Agency are fiduciaries. They are held to a higher standard of education, knowledge and responsibility to provide individuals with financial plans that will see them through retirement. “A fiduciary is legally bound to act in your best interests,” Mendler said. “Stuart and I are fiduciaries. We take it very seriously to uphold that trust we’re held up to. Not every financial advisor is a fiduciary.”
Read more: Free retirement planning offered to MAP dues paying members
Trenton Police use new device to rescue man who fell through ice
Excerpted from news media
Trenton Police Officers used a new device to rescue a man who fell through the ice on a canal at Elizabeth Park Feb. 3. The man’s dog ran out on the ice and the owner chased him.
While the dog made it off the ice, the man fell through and police found him clinging to a piece of ice. Trenton Police used a newly acquired water rescue throw bag to rescue the man.
The department purchased these devices following a December 2018 police water rescue. An officer in that incident boarded a nearby kayak when a car drove into the Detroit River and the driver was completely submerged. The Trenton Officer was able to break the car window with the kayak paddle, free the female driver and pull her to safety, said Trenton Police Lt. Mike Hawkins, MAP Executive Board President.
Trenton Police now keep the throw bags inside their vehicles.
“Within the first week or two of getting these in we’ve already saved a life and it’s come in handy and saved our officers and helped out the community,” Hawkins said in a Fox 2 News interview.
For more on the water rescues, please see the following links to the rescue articles:
Governor, Legislature to tackle road fixes, auto insurance reforms, gambling bill
Gov. Gretchen Whitmer said she will put forth “a real plan” to fix Michigan’s roads and other infrastructure in her March budget presentation, but when questioned by reporters gave no indication of how she would propose paying for the plan. The Senate and House have set their top legislative priorities. The Senate’s first bill of the 100th Legislature is Senate Bill 1 to address the state’s nation-leading auto insurance rates. The measure includes reform of health insurance and personal injury protection benefits. Senate Democrats are calling for tax credits such as establishing a child care credit for working families with young children and creating a tax credit claw back that would make businesses that leave Michigan pay back incentive dollars they were awarded to come to or stay in Michigan. The Republican House is focusing on Civil Asset Forfeiture Reform to require a criminal conviction before law enforcement agencies could sell or use the property seized based on probable cause. Gambling expansion legislation will quickly be reintroduced this session, according to Representative Brandt Iden (R-Oshtemo Twp.) and Senator Curtis Hertel, Jr. (D-East Lansing). The legislation, which would allow online gaming and horse race betting by cellphone as well as fantasy sports gambling and new charitable gaming regulations, fell victim to former Governor Rick Snyder’s veto pen. Attorney General Dana Nessel has picked Fadwa Hammoud as Solicitor General and tapped her to oversee the Attorney General’s criminal prosecutions in the Flint water crisis. For more on these and other legislative topics, click here for the Jan. 23, 2019 Karoub Report.
New MAP Board President plans to continue growing membership
By Jennifer Gomori, MAP Editor
Mike Hawkins has spent most of his career as a MAP member and representative, so it seemed a natural fit to take over as the new MAP Executive Board President when former President Rich Heins announced his retirement in December.
“Rich Heins did a great job,” Hawkins said. “When there was a vacancy and Fred reached out to see if I was interested, I felt I served enough time on the current board to step up and help out.”
A Trenton Police Lieutenant and member of Trenton Inspectors and Lieutenants Association, Hawkins began his law enforcement career at Gibraltar Police in 2000. He joined Trenton Police in 2001, becoming a K9 Officer and serving 
as local police union President for 10 years. He was voted onto MAP’s Executive Board in 2011, taking over the Treasurer’s position when a co-worker retired. He was later voted Executive Board Vice President.
“I replaced Rich Lyons when he was getting ready to retire. He was the Treasurer of MAP,” Hawkins said. “We (Trenton Police, Inspectors and Lieutenants) have been with MAP for as long as I’ve been here, and I’ve been here for 18 years.”
He’s felt honored to fill vacancies on the Executive Board, given all the Union has done for him and his co-workers. “When we went to the Defined Contribution pension system, MAP was a big part of helping us get back into the (Employer paid) pension,” Hawkins said. “We went from Defined Contribution to Defined Benefit and we were one of the only departments in the nation that went back into the pension system through our negotiations.”
Read more: New MAP Board President plans to continue growing membership
MAP Executive Board Officers
GOP-led legislature passes controversial legislation, no-fault reform dies, speed limits stay put
After an oft-times contentious lame duck session that saw the GOP-controlled 99th Legislature pass several controversial pieces of the legislation and an all-night session, lawmakers wrapped up their work for the year and the 99th Legislature came to an end. Karoub Associates lobbyist Emily Laidlaw was named Policy Director for Governor Whitmer’s Administration. Laidlaw was instrumental in developing Karoub’s Education Practice. Gov. Rick Snyder has signed several bills including a huge $1.3 billion spending bill that includes $69 million for the Renew Michigan Fund for hazardous waste sites, a new revenue stream ($114 million in FY 2019 and $143 million in FY 2020) for roads, $19.3 million to fight PFAS and $40 million for a new Capitol Visitor Center at the Capitol. Snyder also vetoed 56 bills in his final days of office. Gov. Whitmer started her term, naming the state’s new Budget Director, Treasurer and she appointed new state department Directors, including Col. Joseph Gasper as Director of the Michigan State Police. Detroit developer Dan Gilbert's attempts to revive no-fault auto insurance reform failed to make it out of the Legislature during the last day of the lame duck session. Although the Senate passed legislation that would make all limited access expressways 75 miles per hour and all non-city highways 65 miles per hour, the House stopped the legislation from moving forward. For more details on these and other legislative issues, click here for the January 2019 Karoub Report..
Melvindale Patrol choses MAP for attentive reputation
By Jennifer Gomori, MAP Editor
Melvindale Patrol Officers hadn’t been getting the help they desired from their former Union in recent years. When they heard about MAP’s responsiveness with area departments, they felt confident MAP would stand up for them when they needed help.
“About a year or so ago, I started calling around to other unions and realized there was an open enrollment period we had to wait for so when that came up this year we went for it,” said Melvindale Patrol local union President John Thompson. “We had other unions come in and they had a lot of bells and whistles, but MAP gave us an intelligent well-spoken thought out reason of why they would be a good fit for us. We talked to officers (represented by MAP), like Sterling Heights and St. Clair Shores, and they were really positive and really sold it to us.”
Read more: Melvindale Patrol choses MAP for attentive reputation
