We recognize that PA 436 is the law. We are sworn to uphold the law, and we believe upholding the law
includes reporting any knowledge or suspicion of the breaking of Federal laws and violating Federal
statutes by Emergency Managers to Federal authorities. If we ignore our knowledge or suspicion of the
violating of Federal laws, we may be complicit ourselves or perceived as such. It is important to meet to
discuss how we should respond to matters of the district that we individually or collectively may bear
responsibility, obligation or cooperation to the Federal Government at a public meeting. For instance, if I
am named in a lawsuit as representing the Board, the other members of the Board have a right to know.
However, based on the Open Meetings Act, we cannot meet to discuss or vote on a response about the
litigation in which I was named as a Defendant, other documents where we are named parties, or any
other matter about the district without public notice.
Therefore, on or about January 20, 2015, I requested the Board meet to discuss matters brought to our
attention on January 22, 2015 and was responded to by you with a letter of warning January 21, 2015. In
the letter, titled Order Number EMDE-03 you indicated the subject matters we were limited to discuss
during the meeting and stated discipline could ensue if we spoke of matters that did not meet your
approval during our meeting. On January 22, 2015 the Board met. At the meeting, we discussed the
matter of various activities that may be unlawful, and rather than be complicit to any wrong doing, we
took an action to vote for a Resolution to Request a Federal investigation to the Department of Justice –
Civil Rights Division – Educational Section and we made our request public. Our request was also
immediately joined by 1,137 people and signed by the leaders of many organizations representing over
100,000 people.
The following day, January 23, 2015, you wrote to inform me that you did not approve of the topics, or the
actions we took to exercise our rights as citizens to communicate our concern to the Department of
Justice. You stated that you nullified and voided our actions, which included a Resolution to the
Department of Justice - Civil Rights Division - Educational Section to request an investigation of misuse of
Federal funds and our Resolution Alternative Proposal on the Bonds of the Emergency Loan Board.
Moreover, you have clarified that PA 436 and Order Number 2015 EMDE-03, clearly give you the right to
discipline School Board members for meeting about topics you do not approve, prohibit our meeting in
the School Board meeting room, remove our secretarial services to take meeting notes, and remove our
stipend for meeting about those topics as well. We are clear that you wish to deter us from this topic.
Your letters have provided further clarification of th e subject matters you allow us speak about and
explained that PA 436 gives you the right to “act for and in the place and stead of” us in all ways.
We take this to mean, you can take any action related to the district, including appearing on our behalf to
testify before a jury. If you choose, you can act on our behalf to file a Resolution the Department of Justice
to investigate violations of the law committed by yourself, your superiors or your predecessors. While we
trust that it is within your right, and trust you have a depth of knowledge to do so, thus far, you have only
acted to deter and discourage us from this direction by threatening repercussions and disciplining us for
us doing so.
It is apparent by your actions that PA 436 and your application of it to discipline us for communicating
with the Federal government creates an environment which supersedes our right as citizens to report
suspicion of violations of Federal Law including reporting violations which may be criminal, as well as
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