Shelby Trustee Lisa Manzella Advocates Retroactive Ticket Writing As A Way To Raise Revenue For Skyrocketing Union Pensions?

Shelby Township Trustee Lisa Manzella, the lead proponent of the “Save Shelby, Status Quo, Liberal Spending Liars Society” (aka Save Shelby), never ceases to amaze us.  Just when you think things can’t get any stranger, Manzella ups the ante and does something more unusual than before.  Her newest antic: attacking Shelby Township Treasurer Paul Viar (again) over an unwarranted ticket that he recently received.

Treasurer Viar wrote a letter to the Source newspaper detailing the facts surrounding his handicapped parking ticket incident.  On the face of it (as it was reported in the newspapers), the issue seemed cut and dry.  But, as Paul Harvey would say, “Now, for the rest of the story.”

When you get below the surface and understand the complete details about what really happened, the ticket issued to Mr. Viar stinks of retaliation.  The process by which Mr. Viar was issued this ticket raises serious ethical questions among those of us who live, work, drive and pay taxes here in Shelby Township.

We are reprinting Mr. Viar’s letter to the editor below.  We encourage you to read the letter and judge for yourself whether or not this retroactive parking ticket was justified.  The letter appeared in the October 10, 2011 Source newspaper.

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To the editor: Won’t be intimidated

Published: October 10, 2011

All Shelby Township residents want a strong police department. This is the backbone of a dynamic community, where residents feel safe to go about their daily business. As township treasurer, I have worked to help make sure our township's police officers have the tools and training to protect the public. I have also done my part, as a voice of the people, to make sure that we reduce the costs wherever possible, thus protecting the pocketbooks of taxpayers.

Recently an incident occurred which, in my mind, calls into questions how some township police officers have chosen to do their job and enforce the law. I am talking about a situation that took place at Chase Bank on Monday, Sept. 19.

While I was depositing tax receipts, retired Shelby police officer Ken Underwood called the township to complain that the car I was driving was parked in a handicapped spot. Mr. Underwood proceeded to raise this issue at the Tuesday, Sept. 20 Board of Trustees meeting, when he came to the podium to attack me. I am not complaining about Mr. Underwood's free speech rights; as a public official I am open to criticism. However, democracy allows me to tell the whole story since Mr. Underwood left out details which weakens his message.

Underwood's contention was, and is, that I do not have the right to park in a handicapped spot. Therefore, he demanded that I receive a parking ticket. Even after I displayed my handicapped permit, Underwood protested and demanded that I be issued a ticket for illegally parking in a handicapped spot.

Two days after the meeting where Underwood made his appearance, and three days after the alleged illegal parking incident took place, guess what. A ticket was written against me claiming that I violated the law by parking in the handicapped spot. Even though I have the legal right to do so, and have the permit to prove it, police officer (C. Johnson) issued me a retroactive parking ticket, which also included Mr. Underwood's signature. The citation was sent by registered mail paid for by the taxpayer.

This strange action by these police officers should alarm everyone, both resident and non-resident alike, who drives in our township. What are we to make of a retired police officer engaging in a ticket-writing scheme to harass drivers for legal conduct? Does this policy of writing unwarranted retroactive tickets apply only to me, or is this a police department policy? Is this, somehow, related to my votes as treasurer? Have other motorists received retroactive tickets like this, or am I being singled out?

More to the point, if some police officers decide to issue me a ticket three days after an alleged incident occurs, how far back could some police officers go to issue retroactive tickets? One week? One month? One year? Six years? What is the township's statute of limitations when it comes to writing these retroactive tickets?

Shelby Township residents know that I have been a prime target of the police union over the past several months. Some police union members, including Mr. Underwood, have come forth at televised Board of Trustees meetings to personally attack me and call me malicious names - words I will not reprint. I have been threatened repeatedly and even once by Mr. Underwood, at a televised meeting, to meet him in the parking lot for a "conversation." I was the subject of a malicious recall campaign by these same union members who want me removed to silence any discussion about budget-busting unsustainable pensions.

There is a clear pattern here. I was falsely attacked during their failed recall. I have been personally smeared at televised board meetings for speaking out about police pensions. Please know this: I cite names of pension recipients only after they have exposed their names to the press or at board meetings. Now I am being retroactively attacked by the police union and being issued a retroactive ticket for parking in a handicapped spot, even though I have the legal right to do so.

Given the union's ongoing pattern of behavior, I believe that I am target of police harassment. The police union is angry because I have chosen to tell taxpayers the true cost of their jackpot pensions. The union is angry because the Board of Trustees, including myself, asked them to accept nine modifications to their contract to help Shelby Township during these economic times. The union responded by suing the arbitrator to stop the changes. Finally, the union is angry at me because I have refused to cave to their campaign of humiliation.

If some police union members can get away with writing unfounded parking tickets against me to even a score or satisfy some kind of grudge or personal vendetta, what does this mean for our township? If I am the target of these activities today, will you be targeted tomorrow? Given this obvious pattern of harassment against me by the police union, will it require a lawsuit to stop this union harassment once and for all?

Everyone who is concerned about the values of democracy in our township should be forewarned. Speaking up for needed changes, speaking out to protect the interests and pocketbooks of taxpayers, and protesting union bullying can and most likely will get you in trouble. Nevertheless, I will not be intimidated by those who will use any, and all, means necessary to try and silence me.

Paul Viar, Shelby Township Treasurer

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WOW!  Reading Treasurer Viar’s letter raises serious questions.  Is this the policy of the police department, go after people a few days or weeks after something happens, or is this a selective policy used against certain people (or elected officials) in the township?

What amazed us is how Trustee Lisa Manzella immediately jumped into this discussion.  In the interest of fairness we are reprinting Manzella’s response.  When you read it you will likely find yourself shaking your head in bewilderment at Manzella’s attack against Mr. Viar.

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To the editor: Treasurer needs to accept responsibility

Published: Friday, October 14, 2011

Mr. Viar’s letter to the editor in last week's edition of The Source is another example of how he can “dish it out, but he can’t take it,” as well as the entitlement he expects and demands.

It is illegal to park in a handicap parking spot if you do not display a handicap permit in the rearview mirror or on the license plate. Township vehicles do not have handicap plates.  Even if you have a handicap permit, it is not an excuse; you need to have it on display to be in compliance with the law. I am certain Mr. Viar was given that information by the Secretary of State's office when, or if, he received his permit.

It is becoming commonplace for police departments to have cameras at intersections to track cars going through red lights and in some desert communities planes track speeding cars.  Some communities enlist senior citizens to take pictures of the plates and dashboards of cars illegally parked in handicapped spots, and the car owner receives a ticket in the mail.

Mr. Viar knows that as an elected official he could not be reprimanded as an employee would. What would the board have done if one of the employees parked a car in a handicapped spot with no visible permit?  Surely they would have been written up and this info would be part of their permanent work record, and likely get a ticket.

I have a close family member who qualifies for a handicapped permit. She has children that she has to carpool. I can assure you that if she forgot her permit, she would not park in a handicapped-accessible spot. And, if by some stretch of the imagine she did, she would, as Mr. Viar should have, apologize to the person pointing it out or to the officers who issued the ticket. An explanation of forgetting the permit is pretty easy for anyone to understand. Had Mr. Viar responded with a statement like, "I'm so sorry, I was in a hurry to get back to my office and serve the community, I inadvertently left my handicap permit in my car," this would not have become an issue.

All Mr. Viar has to do is take his ticket, and his permit, to the court to get the fine reduced.

Once again, in order to cover up his own wrongdoing, Mr. Viar chooses to blame everyone else rather than take responsibility for his own actions. Mr. Viar is a professional at slinging blame elsewhere; you can see it at every board meeting.  He always fails to mention that he has served on the Police and Fire Pension Board for 12 years, yet he complains constantly that the pensions are too high.  Mr. Viar, man up and take responsibility for your own actions - for the people who want to lawfully use the handicapped parking to the residents who want the facts on all the issues.

Lisa Manzella, Shelby Township

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Excuse our French, but what the hell is Lisa Manzella talking about?  Dish it out but can’t take it?  Unless our memory is incorrect, Mr. Viar has taken quite a number of unwarranted hits from Manzella and her recall crew over the last few months.  If there is anyone who can dish it out (but can’t take it) it is Manzella.  She has the audacity to complain about our blog, and yet feels she should have free reign to smear and trash anyone she pleases?  Manzella is, without question, the consummate cry baby!

She claims that Mr. Viar must accept responsibility?  Mr. Viar has the legal right to park in a handicapped space.  How do we know? Because he has a handicapped permit.  What the police did to Mr. Viar is wrong.  So who should really take responsibility here?

Mr. Viar took Manzella to about her letter during the October 18th Board meeting.  Here is what Mr. Viar said:

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Treasurer Paul Viar’s comments

Tuesday, October 18th Board of Trustees meeting

I begin by trying to clear up some questions concerning a parking ticket that I receive a few weeks ago.  This ticket was issued to me, on the word of a retired police officer, who had no evidence of facts.  This officer has attended two Board meetings to express his displeasure with me for explaining to Shelby taxpayers the threat posed to our township by the current unsustainable police union pensions.  So we must assume that he had an axe to grind.

I was getting questions about the ticket, so I wrote a letter to the Source explaining the details of this parking ticket incident.  I explained how I thought this was a highly unusual circumstance in the way the ticket was issued.

The ticket was not given to me in the traditional manner.  It was written by an officer who did not see the incident, but who took the word of a retired officer and sent a ticket to me certified mail, paid for by taxpayers.  I accepted this citation, contacted my attorney, and a pre-trial court hearing was held last Thursday.  At no time in these proceedings did I mention the name of Lisa Manzella.  My concern has been focused on the practice of issuing retroactive tickets.

However, Mrs. Manzella decided to write a scathing letter about me as a follow up to my letter.  She said, in this letter ,that I had not manned up.  As I said, I took this ticket to my attorney and we set up a court date.

Obviously Mrs. Manzella would like to compare  my ticket to her contact with police sometime ago, so let’s do that.  Mrs. Manzella ends her letter by saying residents want the facts on all issues.  Here are some of the facts concerning Mrs. Manzella’s contact with the Shelby Township police.

Her response to the press after the one-car accident was “accidents happen.”

In my view, accidents of this nature, where you cross a center line of a two-lane road, roll your SUV, end up with the nose of your vehicle in a ditch at 1:00 a.m. on a Sunday morning deserves more than a flippant “accidents happen” comment.

I would like to read from a deposition taken from an officer the night of the accident:

QUESTION: You concluded she wasn’t wearing a seat belt, Mrs. Manzella?
OFFICER:  That’s correct.
QUESTION: You didn’t issue a citation for not wearing a seat belt, did you?
OFFICER: No, I did not.
QUESTION:  Why not?
OFFICER: I don’t know why.

Any remarks about Mrs. Manzella that I have made, either positive or negative, have been made at these meetings for residents to hear and evaluate for themselves.  My comments have been remarks about her record, her actions, and her votes on issues impacting taxpayers.  By contrast, over the past several months, Mrs. Manzella has chosen to use social media sites, like Facebook, to malign me and call me names that are not used in mixed company.

In trying to explain her rationale for a retroactive ticket-writing scheme, Manzella compares Shelby Township to a desert community that uses airplanes to track speeders.  She says traffic cameras at intersections are being used to track speeders.  She even says that some communities pay people to go around taking photos of cars to issue tickets.  Is this her plan for our township?

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We find it unbelievable that Lisa Manzella wants to engage in a public debate about tickets.  As mentioned by Treasurer Viar at the October 18, 2011 Board meeting, Manzella did not receive a ticket for her one-car accident in 2005? She could have, but did not.  Manzella confirmed that she did not receive a ticket in the October 13, 2005 story in the Macomb Daily (see graphic at right).

Mr. Viar pointed out that a police office who was on the scene of the accident that night, was asked (under oath) why Manzella did not receive a seat belt ticket.  His response: “I don’t know why.”

Think about it.  If you are pulled over and are not wearing a seat belt, you will probably get a ticket.  If a politician, like Lisa Manzella, can get out of receiving a ticket, why can’t ordinary taxpayers?

Just like Manzella, we too have close friends who are current and former police officers.  So we value their advice.  When they heard the story of Mr. Viar’s ticket incident, one thing we kept hearing over and over was: “the police can’t do that.”

We have been advised that Michigan requires that in order for a handicapped parking ticket to be legally written, a responding officer MUST  witness the infraction.  In this case, the police officer who issued the ticket did not see it himself, but instead took the word of a retired officer.  The ticket was sent certified mail, paid for by taxpayers.  How often does this take place in Shelby Township?

Some of the other points Manzella raises in her letter to try and justify this retroactive ticket were laughable and, quite frankly, irrelevant:
• Intersection cameras to catch red light runners?  Sure, some communities use them, even though the continued maintenance required on these cameras has become a severe drain on dwindling municipal resources.  Plus, many of these cameras have come under fire for being unreliable - perhaps due to lax maintenance.  What do red lights have to do with a parking ticket discussion anyway?
• Airplanes to monitor speeding motorists?  Yes, this may be used in “desert communities” but how does this apply to Shelby Township?  Our township is not a desert community, and our police department can hardly afford to purchase an airplane for traffic patrols.  So what’s the point?
• Paying people to take photos for tickets?  This is the most bizarre idea Manzella raises.  Do we really need a private shutterbug force (of seniors?) walking around taking photos so that retroactive tickets can be written and sent to people?  Is this prudent or wise?

This latest Manzellian attack upon Treasurer Viar indicates just how out of touch with reality Lisa Manzella has become.  Her nasty political attacks have become a tiresome display of desperation.  Manzella is so fed up with public service (as evidenced by her numerous Internet rants) that the only tool left in her toolbox these days is attacking other people.  Even if she knows nothing about the topic at hand, she complains, gripes, and distorts the facts to meet her own views.  This is unhealthy — both for Manzella and for our township.

Given all this, and her continued weird and unexplained actions, we should all do Mrs. Manzella a favor and kick her out of office in 2012.  Whether she runs for Treasurer (as she is now telling people) or runs for another term as Trustee, her negative attitude is doing more harm that good, and we should tell Manzella (very clearly by our votes) that it would be best if she retired.  This way, she can go back to commenting on Facebook full-time and leave the responsibilities of public service to those elected officials who take the concerns of township taxpayers seriously.

Until next time...