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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
7/27/2019 Motion for Contempt of Court
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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
7/27/2019 Motion for Contempt of Court
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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