In the March 13, 2019, commissioners meeting Chairman Schneider said, “Other counties have done this” and. Then Controller Jodi Valentino stated: “Lots of other counties have done this and I actually have a couple of variations that they have done” in regard to a resolution they passed March 27, 2019. Valentino never produced any variations from other counties when I filed a Freedom of Information Act (FOIA) request because they don’t exist.
In the June 9, 2021, commissioners meeting I commented about those false statements.
In most cases, when a public official lies to the public they resign, or they are terminated. Schneider either intentionally lied or it is a coverup to protect Valentino. This coverup is a big problem.
The commissioners need to respond.
The resolution was passed under false pretenses. That is called willful neglect and dereliction of duty.
The statutes describe exactly what the commissioners are supposed to do. Once a legal level is established the statutes say, “The County Board must acquire the necessary permits … from the DEQ … Maintain the lake at the level, or levels, established by order of the circuit court.” The commissioners have done neither.
The commissioners are compelled to ask EGLE for a dam modification as it is undisputed that Higgins is not maintained at the legal level. The county paid the Spicer Group $30,000 back in 2010 for recommendations and the commissioners did nothing. They have the discretion to maintain the legal levels any way they want. They do not have the discretion to do nothing.
The commissioners conflated what they needed to do with establishing and maintaining the legal level. They turned the process on its head. Their resolution is willful neglect and a dereliction of duty.
Join the Citizens for Higgins Lake Legal Levels Facebook page. Compel the Commissioners to do their job.
Eric Ostergren
Higgins Lake
