FOIA, Foibles, Falsehoods and Fantasies: A Pretty Typical Day in the Lives of Shelby Politicians Terri Kowal and Lisa Manzella

The Inside Out previously reported how and why the Shelby Board of Trustees voted to modify the township’s freedom of information act (FOIA) policy.

Due to allegations of FOIA abuse/misuse by Clerk Terri Kowal, the Board voted UNANIMOUSLY at its October 4th meeting to transfer all Freedom of Information Act (FOIA) duties to the township’s Human Resources Director.  The motion was made by Treasurer Paul Viar, supported by Trustee Paula Filar and approved by ALL SEVEN Board members.

This issued appeared settled, since everyone on the Board concurred, on October 4th, that the decision was wise and prudent, especially given the enormous time burden FOIA supposedly poses to Clerk Terri Kowal and her “overworked” and “understaffed” department.

However, the FOIA topic resurfaced at the Tuesday, October 18th Board of Trustees meeting.  It was a last-minute agenda addition by Trustee Lisa Manzella backed by Clerk Terri Kowal.  Why Kowal and Manzella would decide to revisit a motion that they both enthusiastically supported on October 4th seemed strange.  Manzella previously said she would have no problem with the FOIA duties going to the HR Department, and Kowal said she would be happy to send the work to another department.

So what happened over the last two weeks?  Can you say POLITICS!  As Ronald Reagan once said: “There you go again” Mr. Carter…um….we mean ... Mrs. Manzella.

Manzella said she added this to the agenda because she did not feel comfortable with the vote she cast.  On October 4th she was emphatic that she had no problem transferring these responsibilities to another department.  She didn’t hesitate for one second in supporting the FOIA policy modification.

So what happened?  Manzella said she didn’t know enough about the issue when she voted, but went ahead and voted for the change anyway?

“After investigation and careful consideration, I believe that the responsibility should remain with the Clerk’s office as it has for years [Manzella’s status quo mentality].  The currently understaffed HR department should not be saddled with the responsibility of a FOIA request. This decision was made in haste, under pressure at the last Board meeting.”

We watched the October 4th meeting and there was absolutely no pressure put on anyone, at any time, to make the FOIA change.  On October 18th Manzella went on to complain that this decision was brought forth in an “attempt to circumvent transparency and keep certain items from public view.”

She then went on to claim that after the policy switch Supervisor Rick Stathakis intervened to review FOIA requests and their proposed replies.  Manzella, in a classic Maccarone-style political statement, clearly tried to create the image, in the minds of those watching, that Mr. Stathakis was doing something devious to undercut the FOIA process.

Wait a minute!  What did Manzella just say?

Supervisor Stathakis jumped in to interrupt Manzella on the spot.  He called Manzella’s comment about the Supervisor trying to take control of the FOIA process “completely false.”  Clearly, Mr. Stathakis decided it was time to stand up and stop the Manzellian madness.

Mr. Stathakis called the township’s HR Director up to the podium to help clarify the facts.  He asked the HR Director if he has intervened in anyway, at any time, to tell her what to do or not to do with regards to the FOIA process.  The HR Director’s answer was NO.

“Where this information comes from, I don’t know, but this is exactly why I think we need to have an independent source, such as the HR Director, looking at it.  I’m sorry about the interruption Mrs. Manzella but that was just plain untrue,” Mr. Stathakis said.

Manzella continued reading her script.  She said that since the HR Director is under the Supervisor’s direction, that may be where the “confusion” came from about the Supervisor’s meddling. 

Supervisor Stathakis immediately stopped her again.

“That is a big leap from me looking at documents, and I just want to bring this up so that folks out there [watching on television] can understand…By her [the HR Director] being under my supervision is a big, big, big big leap from looking at documents.  This kind of misinformation that’s going around, I mean, this is how it starts. So I’m glad that you brought this up for discussion so we can make the record clear.”

Manzella continued.  She then claimed that, as was pointed out at the October 4th Board meeting, somebody (her assertion was Mr. Viar or Mrs. Filar) went into locked, file drawers in the clerk’s office to tamper with documents. 

Locked file drawers?  WTF?????   This was mentioned at the October 4th meeting?  Sorry Lisa, but that is just not true.  This was the first time the notion of breaking into locked drawers had come up.

When pressed to explain this situation on October 4th, Terri Kowal said, on the record, that somebody went into a banker box that was under her Deputy Clerk’s desk.  We wrote about this in our October 13th Inside Out.  Mrs. Kowal said, very clearly, that it was a banker’s box “with thread around the end, you know string around the ends.”  Kowal never once said locked file drawers.  Now, according to Mrs. Manzella, somebody physically broke into locked drawers and tampered with an e-mail.

Okay, so which is it?  Locked file drawers or a banker box with string?  Does anyone really know?  Anyone?  Bueller?  Anyone?

Manzella said the reason she didn’t want the HR Department to do the FOIA work is because they are “understaffed.”  So while Mrs. Manzella is concerned about overworking the HR Department with new FOIA duties, she has no problem putting this “burden” back on the Clerk, who has already said, publicly more than once, that her department is understaffed and overworked and would be glad to give these responsibilities to another department.  No consistency of thought at all.

Okay, so now we know why Lisa Manzella wanted this on the agenda.  Manzella wanted to try and spread misinformation around that somebody broke into the clerk’s office and went into locked file drawers to tamper with “official government documents.”

As we said before, can you say POLITICS!!!

This may be important to Kowal and Manzella, but the average taxpayer could care less who actually does the FOIA work, as long as it is done correctly, legally and fairly.  No bias or political games.   However, for Mrs. Kowal and Mrs. Manzella small items like this are a big deal.

Trustee Paula Filar then discussed the FOIA reconsideration motion.  She said she would not support overturning the last vote to give FOIA duties to HR.  Once again she explained how, in her view, Clerk Kowal misused the FOIA process to benefit her political agenda.

Mrs. Filar then went on to address the alleged police report that Mrs. Kowal said she filed.  Mrs. Filar read an e-mail from the Acting Chief which said that their research shows that there was no police report filed by the clerk or her staff related to this incident.

THERE WAS NO POLICE REPORT FILED!!!

Mrs. Filar said she can’t think of a better location for confidential information to be held than in the HR Department.  She said the most important thing about being a FOIA coordinator is confidentiality.  Filar said there is nothing statutory that gives FOIA responsibilities to the clerk, adding that the Board is responsible for appointing a FOIA coordinator.

Filar said she was disturbed that Kowal took information obtained as FOIA coordinator, in this case a private e-mail between Viar and Filar, read the e-mail, didn’t like what it said, made a copy of it (by Kowal’s own admission) and confronted Mr. Viar about the contents of the e-mail.  Mrs. Filar said that in her view, Kowal abused her authority as FOIA clerk.

Mrs. Filar then angrily protested the allegation levied against her at the October 4th meeting by both Kowal and Manzella.  Here is what Mrs. Filar said:

“During the Board's discussion of the last meeting (October 4th), Mrs. Kowal claimed that somebody broke into banker boxes in her office and tampered with an e-mail.  Mrs. Kowal further said, at this same meeting, that she filed a police report about this situation. She subsequently told the newspapers that this police report was filed in August.

“At the same meeting, Mrs. Manzella publicly accused me of being among two individuals, with the other being Mr. Viar, as two individuals who could have reason to break into Mrs. Kowal’s office and tamper with an e-mail.

“I received e-mails and phone calls from a few residents asking what this was all about.  People were wondering if I was the one Mrs. Kowal was referring to with her claim about the police report.

“I need to tell you that I have an e-mail from Acting Chief Woelkers, stating that there has been no police report filed on any incident by the clerk or anyone from her department since the date that she said she filed that police report of August 2011.

“I want to make it perfectly clear that I did not, at any time, do what Mrs. Kowal suggested.  Further I want it to be known that the assumptions made by Mrs. Manzella, piggybacking on what Mrs Kowal said, that I broke into the Clerk's office, are absolutely false.”

Treasurer Viar then asked for the floor to clear up questions about this from his perspective.

“Mr. Chairman, I want to put a little levity on this if I may.  And I want to address what’s being now known as Banker Box Gate.     

“I want to make it clear, for the record, that I did not break into any office, as Mrs. Kowal and Mrs. Manzella have implied, to tamper with any e-mail.  Had I chosen to tamper with an e-mail, I would not have given Mrs. Kowal this e-mail which I display at this time.  Obviously, Mrs. Kowal is not telling the truth about a police report that had been filed.  There has been misinformation about the whole e-mail incident.  The truth is, I’m beginning to believe, you have to wonder, what can you believe out of either of these two people?”

After being confronted about the lack of a police report, Kowal amended her story to say that she gave a verbal police report to the Chief and Captain Woelkers (now the acting Chief).  Then, Kowal stopped and pondered that perhaps, instead of Woelkers, it was Steve Stanberry.  What is Kowal stammering about this time?

If you considered this such an explosive issue, as Kowal apparently does, and went to talk about it with the police, would’t you remember exactly who you spoke to?  Mrs. Kowal knows everyone on the police force.  More to the point, if someone broke into your office, or your home, and rummaged through locked drawers, would you verbally make someone aware of it, or would you file a written police report?

So what does this incident say?  To us, it says that the statement about filing a report with the police in August was a fallacy.  Further, as Treasurer Viar said, it calls into question the credibility of Mrs. Kowal and Mrs. Manzella about this entire incident.  Could the entire e-mail incident have been a fraud?

During Kowal’s animated rebuttal to Mrs. Filar and Mr. Viar, she feigned concern about the integrity of the FOIA process.  But then admitted that the HR Director is a “quick learner” on the subject of FOIA.

As Kowal said: “Amazingly enough she’s [the HR Director] had no questions whatsoever, it’s just like shocking she’s barely come down and asked me any questions about FOIA so she’s really a quick learner.”

Could this mean that the township’s FOIA process is not as complex as Mrs. Kowal wants us to believe?  Could, just maybe, someone other than Kowal perform these duties and do them properly?  Appears so.

Kowal admitted that she made not one, but two copies of the e-mail.  “If I was going to use that [e-mail] for personal gain I would have put it on Facebook,” Kowal flippantly said.  Doesn’t threatening to put an e-mail on Facebook illustrate some kind of anger toward Mr. Viar?  Or was it a not-so-subtle stab at Manzella who has gained a reputation as Shelby’s Facebook Queen?

Another interesting point from this meeting took place while resident Dub Hearon was speaking.  Kowal said that she spends time training clerks around the state about FOIA.  Mr. Viar then wondered if Kowal is doing all this training for clerks across Michigan on Shelby Township taxpayer time?  Is she getting paid to do her job as clerk, while acting as a teacher for elected officials in other communities?  We will have to explore this issue in greater detail later.

Trustee Mike Flynn then asked for the floor and said that, in his view, the Board made the correct choice in moving the FOIA duties out of the Clerk’s department.

“Clearly we’re having a very politically charged debate here tonight,” Flynn said.  “I think that this illustrates for the public the very reason that the Board got it right, at the last meeting, taking it out of the hands of a politician and putting FOIA into the hands of a neutral party.”

Supervisor Stathakis concluded the discussion by saying that the purpose for the policy change was to make it less tempting to play games for personal reasons.

“All I’m trying to do is remove any temptation from any elected official to get any personal gain from another elected official’s e-mails.  I think this really does a good job in keeping that from happening.”

A vote was taken and the result was four-to-two to modify the FOIA procedure (Trustee Wozniak was absent).  Can you guess who the two votes were who wanted to give the FOIA duties back to Kowal?  Here’s a hint: Kowal and Manzella.

In the wake of all this drama taxpayers are asking: How does any of this stupidity by Manzella and Kowal over a simple FOIA procedure help our township?  Making inflated/false statements about filing police reports and raising allegations about breaking into locked file drawers — or wait, was it cardboard banker boxes, we’re confused!

It has become increasingly clear that while some Board members are concerned about the big issues impacting Shelby Township during these challenging economic times, there are two Board members who focus on small issues (for personal reasons) and could care less about the larger picture of public service.

For example, let’s examine where each Board member stands on the issues that matter most taxpayers:

Supervisor Rick Stathakis.  Mr. Stathakis has been talking about moving Shelby Township forward since his first day as Supervisor.  He is concerned with improving the process for providing services to taxpayers.  He is concerned with reducing costs of service, without impacting the quality of services.  He has also worked to improve internal processes to save money and make the township more fiscally responsible.  He has broadened transparency and accountability.  If you want to see a complete list of the Board’s accomplishments log on to www.rickstathakis.com.

Treasurer Paul Viar.  Mr Viar has been focusing all of his time as Treasurer on cutting spending.  You can’t deny that.  When he is not countering ridiculous recalls or battling retroactive (and punitive) parking tickets, Mr. Viar is fighting for taxpayers.  He has always been a proponent of smaller, more effective, and less expensive government.  Mr. Viar has his critics, primarily those who oppose his conservative Republican policies for running the township.

Recently, Mr. Viar has been educating taxpayers about the costs of union pensions funded with our tax dollars.  Mr. Viar is rightly concerned about the burden these ever-rising pensions will have on our township (and on township taxpayers) unless changes are made to the pension system.  He has fought to increase funding to the pension system, and his plan was dismissed by the previous Supervisor.  Now he is calling for changes to the system to overhaul something that is broken and in desperate need of repair.

Trustees Mike Flynn and Paula Filar.  Both Mrs. Filar and Mr. Flynn have been consistent in their views and votes concerning fiscal responsibility.  Mr. Flynn and Mrs. Filar have discussed reducing township operating costs, improving efficiencies and maintaining quality services for residents.  Both have stood fast by their principles that the township must do more with less during these difficult times.

Trustee Doug Wozniak.  Mr. Wozniak is another conservative voice on the Board.   Mr. Wozniak, as the Board’s representative on the Planning Commission, has been focused on good development for our township.  He may not be the most outspoken Trustee, but he certainly knows what must be done to address the big issues impacting residents.

While the five Board members listed above have been concerned with real-world issues impacting taxpayers, what have the other two Board members been talking about?

Trustee Lisa Manzella.  Mrs. Manzella is, without question, the most LIBERAL member of the Board.  She calls herself a conservative — but real conservatives know the truth about her record.  Manzella has been working to recall other Board members whom she dislikes.  She opposes conservative views and prefers to return to the “glory days” when the township was spending every dollar possible.

As Inside Out readers know, Manzella has a long record of which she proves whose side she is really on:
• Manzella posts nasty comments on Facebook, and other websites, attacking fellow Board members and even township residents.  She has now become known as Shelby’s chief elected cyber bully.
• She tells lies about the township canceling the DARE program, which is still in the Utica Schools and performing well.
• She tells lies about the crossing guard situation, saying that the township was “saddled” with the crossing guards as a result of canceling DARE.
• She supports issuing retroactive tickets to residents.  She raised the possibility of the township hiring people to go around snapping photos so that more retroactive tickets can be written.
• She opposed a vote of the people on spending $50 million for a new campus and $20 million for her proposed police/court building.  She said it would be “cowardace” to give this to the people for a vote when she was elected to make this decision.
• She said it is better to spend tax money than save it in the bank.
• She blogs on Facebook during a televised Board meeting to voice her displeasure with Supervisor Stathakis and the Board.  She said that she needed a barf bag.
• She arrogantly compared Supervisor Stathakis to Adolf Hitler.
• She votes, at the October 4th Board meeting, to take FOIA duties away from the Clerk and give it to the HR Department, and then complains at the October 18th meeting about her vote, saying she had not had time to investigate it before voting.
• She complains about the pension system, and posts comments on Facebook lambasting Treasurer Viar for the township’s pension problems.  In Manzella’s little world, Mr. Viar is the cause for the pension dilemma.  Yet, when when confronted about her ideas for making the pension system stronger, as was done by a taxpayer at the October 18th meeting, Manzella’s mind goes blank.  She has no ideas.  She tried to dodge the question.  In the end, all Manzella could do is sing her tired old song blaming Mr. Viar.
• She accuses Supervisor Stathakis of meddling in FOIA procedures, accusations which were publicly discredited at the October 18th meeting.  This is not the first time Manzella has circulated false information, and this is why she is known around Shelby as “Lisa the Liar.”

We encourage you to check out previous Inside Out postings for more detailed information about Manzella’s record.  Read it for yourself.

How does anything that Lisa Manzella says or does help Shelby taxpayers?  How does it help the Board of Trustees better serve the people?  The answer is, it doesn’t.  Now Lisa Manzella is going around telling people that she will run for Shelby Treasurer?

Clerk Terri Kowal.  Mrs. Kowal has been obsessing about the FOIA change so much that this has become the single biggest deal to her since she was first elected to the Board of Trustees way back in 1990.   Allegations of misuse against her as the township’s FOIA coordinator are serious.  She claimed to file a police report over an e-mail tampering incident, but then it comes to light that no such report was ever filed.   Then, Kowal says it was a verbal police report made, but doesn’t remember exactly who she gave it to.

There is much more to say about Terri Kowal, and we will do so at the appropriate time.  However, bear in mind that just like Manzella, Kowal loves creating drama and spending time on issues that do not benefit ordinary taxpayers.  Most of Kowal’s issues involve power plays and political games.  The fact is that Kowal’s priorities do NOTHING to help financially-stressed taxpayers who work hard everyday to pay Kowal’s salary and benefits so she can be out of the office frequently traveling around the state, on taxpayer time, teaching others how to do their job.

Shelby’s Board of Trustees has made great strides over the past three-and-a-half years, despite the screwball antics of Terri Kowal and Lisa Manzella.  This is especially true when you compare our great township to other communities that are raising taxes, closing libraries, laying off police and firefighters and facing trusteeship by the State of Michigan.

There is an enormous difference between elected public servants who understand their duties and want to serve the public (Stathakis, Viar, Filar, Flynn, Wozniak) and those politicians who understand how to stir up political drama so they can serve their own interests (Kowal and Manzella).  We all need to remember this when election day 2012 rolls around.

Until next time...