Clerk and Supervisor/ Illegal FOIA/ Cancelled Meeting

Hi All,
 I went to the Board of Trustees link at the township only to find:
Notice of Cancellation

DUE TO A LACK OF AGENDA ITEMS,
THE CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES MEETING
SCHEDULED FOR
MONDAY, JULY 25, 2016,
HAS BEEN CANCELLED.

THE NEXT REGULAR BOARD
MEETING IS SCHEDULED FOR
MONDAY, AUGUST 8, 2016, AT 7:00 P.M.

How convenient for Savoie and his "gang".... no chance for the public to comment before the election.

Well,  The Clerk sets the agenda.... Trustee David Buckley REQUESTED an agenda item for this meeting about ABSENTEE BALLOTS.  He is an alternate on the election committee.  He first request just another election committee meeting, which was denied.  So he requested an agenda  item.  He was not told no to the agenda item.  However, the Clerk decided (with others?)  just to cancel the next Board of Trustees meeting scheduled for 7/25/16 instead..... and did not notify either David Buckley or Dan Devine that the meeting was cancelled.  The Clerk did not change the home page of the township website to announce the meeting was cancelled.  The cancellation notice was found elsewhere.

IS the CLERK.... deliberately denying and obstructing the request of a trustee for a timely public discussion concerning absentee ballots and the process from start to final count?   YES, in my opinion.   The Clerk had no problem assigning agenda items on 7/11/16  for employee Jason Theis, or attorney Bill Hampton,  or Supervisor Savoie.  So why no agenda item for Trustee David Buckley?  Is it because he is not part of their new slate?  David Buckley has been a trustee for 14 years and deserves to be RE-ELECTED.  Why can't his voice and request be heard this Monday?

Jan Roncelli, as Clerk ... should have a meeting agenda (at minimum) for every scheduled Board of Trustees meetings  for  the following reasons:

1.  approval of the minutes from the last meeting
2.  payroll and vouchers  ....  the Board of Trustees.... should/must/ required/ shall  ????  approve these expenditures before the checks are mailed/delivered
3.  public comment.
  
Leo Savoie  and his "gang"  would definitely agree to a cancelled meeting just to avoid any public comment  before the AUG. 2  PRIMARY ELECTION.  

That  "Public Comment"  agenda item  did not go well for Leo Savoie and his "gang"   at the July 11, 2016  Board of Trustees meeting.
Check out “Board of Trustee Meeting 7.11.16” by Bloomfield Township on Vimeo.   The video is available for your viewing pleasure at:    https://vimeo.com/174355731
 
This cancellation of the 7/25/16  Monday Board of Trustees meeting is ...in my opinion.... a way for Leo Savoie and Jan Roncelli and Brian Kepes and Neal Barnett and Corinne Khederian  to silence the voices of the candidates that oppose them before the  Aug. 2  Primary election.  The people just mentioned should be voted OUT OF OFFICE. 


JULY 11, 2016  Board of Trustees meeting:   
Here is what I wrote BEFORE the 7/11/16 meeting about Agenda # 7 :



Is this another surprise message from our township?  The Trustees allegedly see the SAME board packet as the citizens.    Does that mean, the trustees will hear the legal and financial update at the SAME TIME as the public?  Why is it only the employee, Finance Director Jason Theis and attorney Bill Hampton privileged to know the details in advance?  Why no data ahead of time?  Shouldn't the Trustees know ahead of time?  Why not inform the public?

Here are my unofficial minutes of agenda item #7 AFTER the meeting:
WELL...not really Legal and Financial township matters......  what actually happened was allegedly, both gentlemen wanted to "clear up"  some campaign literature "statements"  only on the OPPOSING candidates flyers  and requested to be put on the agenda.  Supervisor Savoie claimed he was not party to the request by both men. Right.  They each spoke at length.... allegedly ... with "facts".  NOT.    Then Supervisor Savoie  denied public comment.  No rebuttals.  Nothing.   Savoie and "gang"  just used the Board of Trustees meeting and televised show to promote THEIR propaganda.


Here is what I wrote BEFORE the 7/11/16  meeting about agenda item #8:

       
Another surprise agenda item...  or is it really DAMAGE CONTROL...by Supervisor Savoie?   Again, he requested this agenda item... perhaps in conjunction with the Clerk's office.... as both did something illegal.... my opinion.

Will Savoie confirm the he used FOIA to obtain the township citizens emails and had those emails copied onto a CD disk?  He paid 33 cents for those emails.   Will he confirm that he directly or indirectly gave those emails/CD disk  to someone that used those township E-News emails to send "propaganda" literature supporting himself/ Leo Savoie and his slate?
   
Someone (who?) created a domain name (but kept the name "private and restricted")   on 6/27/16 around 4:30 pm  choosing a domain name  appearing  very township official-like...(bloomfieldtownshipelections.com)  and that recently created domain name then sent an email to many township residents on 6/30/16  around 4 pm  ... promoting Leo Savoie and his slate of candidates....

This is how I saw the BOGUS  email in my inbox:
    From:     Bloomfield Township Elections <info@bloomfieldtownshipelections.com>
    Subject:     Eccentric Endorses Candidates
    Date:     June 30, 2016 4:01:13 PM EDT
    To:     Marcia Robovitsky <marcia327@comcast.net>
    Reply-To:     info@bloomfieldtownshipelections.com


 HOWEVER:
THIS  email was NOT from the township.  It was paid for by:  Retain Leo Savoie, Bloomfield Township Supervisor. 

After I received that email, and on the same day, I spoke with Deputy Clerk Deana Mondock and was told certain information.  I then decided to  FOIA on June 30, 2016 via phone (at closing time  5:25 pm) with Deputy Clerk Deana Mondock.... asking  for the same CD disk of email addresses that Leo Savoie got from the Cable Dept.  and paid 33 cents for.   

I received a notice a week later on 7/7/16. that my FOIA request response is extended an extra 10 days due to "the nature of my request"  and the response will be due on FRIDAY, July 22, 2016.   Offices are closed on Fridays.  So, does that mean, I won't get the answer to my FOIA request until Monday, July 25?   

Below is what was at the bottom of the "propaganda" email sent  from:    "bloomfieldtownshipelections.com "
.... which APPEARED to come from the township clerk's office... but not.... it came from the "Retain Leo Savoie.."   and from the same company that does our township E-News distribution: Constant Contact.   Please note:   I never "subscribed" to Leo's campaign...my email was from township E-News email list... which I did subscribe to with understanding of privacy.
 
 Paid for by: Retain Leo Savoie, Bloomfield Township Supervisor, 
6855 Colby Lane, Bloomfield Twp, MI 48301
SafeUnsubscribe™ marcia327@comcast.net  
Forward this email | Update Profile | About our service provider
Sent by info@bloomfieldtownshipelections.com
 in collaboration with    Constant Contact 

Here are my unofficial minutes of agenda # 8 on 7/11/16  AFTER the meeting:

Supervisor Savoie claims he talked with attorney Bill Hampton and was told he could FOIA the Township E-News  email list.  Hampton claimed he didn't know for what purpose.  The clerk, Jan Roncelli, stayed quiet during Savoie's  agenda item.  It was her office that granted the FOIA to Supervisor Savoie... illegally. They both had to know it was illegal to FOIA  because of statements on the site saying the emails are private.    Savoie claimed that it wasn't until someone else filed a FOIA asking for the same information (me) that they thought... oh, this might be illegal.  Let's get an attorney opinion.  RIGHT.
Savoie admitted to using the emails...claiming done innocently ... but still has the CD disk.. but he won't use it again until he hears the "legal opinion".   RIGHT.   How many copies were made? Just asking.
Then the ... "no public comment"  decree by Supervisor .... to this agenda item... was reconsidered after pressure by Treasurer Dan Devine.     I spoke as did many candidates that are on the Aug. 2nd ballot as well as others in the audience.  Most of the comments were NOT favorable to Savoie and his "gang".  
The next agenda item was payroll and vouchers. Quickly approved as usual.  Does anyone really look?
THEN... public comment  agenda item always found at the end of the meetings .... and MORE was said... again.. making Savoie unhappy to say the least.   You need to watch the meeting... you can "drag"  the audio/video  time line to go where you would like to view
...  https://vimeo.com/174355731

WHAT happened with my FOIA request for the same E-News email list/  information? 
 
SO.....today is July 22, 2016... and I received an email from Deputy Clerk, Deana Mondock stating  my "REQUEST FOR PUBLIC RECORDS - Email addresses used in the distribution of the Bloomfield Township E-News"   ...... has been DENIED.  

So from June 30 to July 22,  the township "sought legal opinion"  and concluded that the E-News email list cannot be FOIA.... that doing so is a violation of privacy.   Meanwhile Supervisor Savoie was given that list prior to June 30, 2016 and has used those emails at least once to benefit him and his slate.  Illegal.

Now... I knew it was illegal... but Leo Savoie got these E-News emails from the township under the FOIA.... and so I wanted to see if I could get the same information from FOIA.  Answer... NO.

Therefore, it is my conclusion that the CLERK'S office granted a FOIA illegally to Supervisor Savoie.  He has used the information gained through that FOIA  to send "propaganda" literature for his and his slates benefit. Also illegal.   I'll go as far to say that in my opinion - that both the Clerk's office and the Supervisor, Leo Savoie and the Cable Department that produced the CD,  knew  giving out the E-NEWS  email addresses were illegal... BEFORE  he obtained them.  But like other issues,  illegal signs, etc....  Supervisor Savoie and others at the township, keep doing what they want.  without facing consequences or legal action.

SO... during this campaign cycle.... there have been illegal signs... that still remain.....  there was an illegal FOIA with information used to send propaganda.... there has been agenda items aimed at discrediting political opponents,  .... there has been Cable shows produced... promoting/presenting candidates at their current job.... an indirect way of supporting just them with your cable fees.   There has been a cancellation of an important Board of Trustees meeting... "for lack of agenda items"  but in most minds to silence the opposition in this election.  The "papers"  are totally biased and their endorsements are based on spin provided from the township meetings of their prewritten prepared "testimony" at board meetings rather than reporter investigation and facts.

All above are Leo Savoie and his "gang" ....  to keep the good going.... as his slogan says.    Is all the above good for YOU?  NO.

Copied from a previous blog:
If you are a Bloomfield Township taxpayer/voter  that cares about policy, procedures, ordinances; making sure that competitive bids are required; setting water and sewer rates that are fair; a nepotism policy that is enforced; an ethics policy that is meaningful;  a policy prohibiting "pay to play; having government offices open for a  5 day work week vs 4 days;  having real open and transparent local government;  and so much more....then please vote for my preferred list of candidates.

Remember to VOTE.   Remember these names:  Dave Thomas, Susie Kern, Dan Devine, Jeff Axt, David Buckley, Kirk Brannock, Dani Walsh.   I believe they will be excellent Board members... because they are all capable individuals willing and eager to work with those who are elected this August 2  to make our township proud.

Marcia

Resolution & Financial Report

Hi All,

Monday, July 22, 2013 @ 7 PM  the township will approve at the Board of Trustees meeting a:

Resolution Authorizing Issuance of General Obligation Limited Tax Pension Obligation Bonds, Series 2013.
In that Resolution are these words:
the sale of bonds to "..pay all or part of the costs..." "... for the purpose of defraying the costs of the unfunded pension liability of the Township defined benefit plan and for the costs of issuance of the bonds..."

QUESTION:  Why are the words...PART of the costs?   I thought this BOND issuance was to pay ALL the underfunded amount?

Each year  "... the Township shall be obligated, as a first budget obligation, to advance moneys from its general fund or to levy ad valorem property taxes on all taxable property within its corporate boundaries to pay such principal and interests as the same become due."

QUESTION:  Exactly what amount will come out of the General Fund each year to pay the principal and interests of these pension bonds?

This will be a Negotiated Sale.
Bond Counsel is;  Dickinson Wright, PLLC   Troy, Michigan
Registered Municipal Advisor:  Bendzinski & Co   Detroit, Michigan
Underwriters:  Fifth Third Securities, Inc;  Citigroup Global Markets, Inc.; PNC Capital Markets LLC

QUESTION: What is the total cost of the actuary, administrative, and legal costs to pay for the bonds?

Conditions of the sale of bonds:

• interest rate not to exceed 9% per annum
• final maturity date 5/1/33
• purchase price shall not be less than 97% of the principal amount
• underwriters discount not to exceed 0.295 % of the principal amount

THE FINANCIAL COMPREHENSIVE REPORT  by Ray Perkin, Director of Finance
about 6 pages of report... and about 98 pages of attachments.... mind boggling to review in a day or two.

• Why didn't our elected Treasurer write this report? Dan Devine is the main person involved in the negotiating of contracts with the employees.  He is also responsible for the investments and being the link to report to the trustees on the state of those contracts and investments. How and when did the disconnect becomes so huge without adjustments being made either to contracts or to investment policy?
• The library employee issue is still not completed because the last agenda item on Monday continues to deal with library employees. Now the township needs to make an amendment to the 401 (a) pension plan to include library employees.   Again, needing to have the defined benefit  pension plan really CLOSED before being able to do this state approved bond deal... all this last minute negotiating and back dating of plans could have been done in 2005 if the township was more honest about WHO was part of the plan in the first place.
• It was only when the opportunity to SHIFT the unfunded liability to a liability represented by the proposed bond issuance did the township seek NEW actuarial reports for these funds.  Were the assumptions used in this latest report meant to show a worst case scenario for the plan? What were the previous dates for an actuarial review?  This latest actuarial report used assumptions that other reports did not use.  The more underfunded the report showed the pension fund to be, the more the township could borrow via bonds.  New report:  1/1/13.
• The unfunded actuarial liability of the plan went from $29.2 million to $ 80.3 million.
• The plan actuary lowered the projected rates of returns on plan assets from 7.0 % to 5.25 %.
• It was stated that low interest rate returns and poor equity investment returns also factored into the steep increase in the cost of the plan. Why did the township allow for such a large portion of the funds to remain in fixed incomes while the market soared in the last few years?
• The township does not believe that benefit levels paid to employees helped drive the cost increases.   What?  The employees may have had a wage freeze in "base pay", but the terms of the contracts allow for multiple ways to increase income.  One, which SHOULD have been eliminated for all, not just those hired after May 2011 is longevity pay.  That percentage raise automatically each year varies but definitely increases pay each year.  There are tuition reimbursement plans, uniform allowances, overtime, sick pay accrual, etc.  that continue to raise the accrued benefit level in the pension funds.
• Several numbers have been put forward as to the number of participants in the funds.  One complete and final set is all that is needed.   It would have been helpful to see the calculation for retirements accounts - what is the multiple, what is it based on and describe an example in the financial report.
• The financial report stated that there was very limited opportunities to negotiate the liability away.... yet the contracts were often reopened early.   I believe it was the responsibility of the township to find ways to pay for the liabilities of those negotiated contracts... and that was to make sure all contract obligations could be covered in the budget annually....even if that meant reducing the number of employees.   Why can't the Township understand that the management of taxpayer dollars might need to include the idea that laying off employees is not a bad thing? The Township can't continually assume that staffing calculation are always correct.   The township needs to explore the potential savings from outsourcing some work.
• I have read two different ways of discussing the annual contribution....  employers suggested contribution and employers required contribution.   Is there a required contribution annually? There certainly will be a required BOND and INTEREST payment.  Many municipalities play with these number putting in more money some years and less other years and it is OK as long as they do not fall below a minimum.  However, there is no "playing" with bond payments each year.
• The Bond Debt Retirement Schedule (Exhibit E) was based on the assumption of interest at 3.95%.  Is this data still valid at this time?  We need to be told this at the Monday, 7/22/13 meeting.
• The township does say:  "There is an acknowledged risk that the investment of the bond proceeds may not provide a return greater than the cost of the borrowing."  Of course the statement needs to cover extreme conditions..but a reality of very poor returns means  that the taxpayers will need to pay again and again until the defined benefit pension no longer has anyone left... 50 plus years from now.
  
• Prudential has a guaranteed deposit account.  Gregory Schwartz & Co. does an investment portfolio.  WHERE ARE THE NUMBERS of the existing accounts and the projected account balances with the bond proceeds? Need more information on the investment PLAN of this bond money and future earnings.  Could some other company become involved in this bond money and investing?  Or, are they under contract?  For how long? Most investment prior meeting minutes are found under the STUDY SESSION section in Minutes on Demand on the township website.  Look at the various years to see the trends.
• The financial reports mention people who "unanimously concur" with the sale of bonds to fund the underfunded portion of the defined benefit pension plan.  What are the names of these people and how are they qualified to make that decision?  The report mentions the : Township audit team; the financial advisory group; the plan actuary; bond financial advisors and bond counsel, .... and.... among others.  Who are these people and will they benefit financially from the sale of the bonds?  Is there any conflict of interest ?
• There are many parts to this bond issuance that really bothers me. However, maybe it is the employee contract language that bothers me the most that got us to the necessity of considering this bond issue.   
• I do understand the obligation to the employees, but at the same time, these same long time employees need to reopen the contracts and make some more significant adjustments.  When the township taxpayer Contribution to this pension plan is between  $5.5 million and $10.7 million PER YEAR and the employee Contribution to this pension plan is only $371, 498 PER YEAR.... an adjustment needs to be made to lessen the burden of the taxpayers.
• I do hope that the bond issuance does what the township leadership claims it will do...but the risk of the investments need to be monitored and adjusted as the markets change.  The taxpayer has reached his/her limit and doesn't want to fund this pension plan again and again and again. 

THE RETIREE HEALTH PLAN...  POST EMPLOYMENT

• Provides:  medical, dental, vision, life insurance.... plus an annual 1 % COLA  increase for all employees hired before 2005 and their beneficiaries.  This plan could and should be changed to eliminate dental, vision and life insurance.  The annual 1 % COLA increase came at the same time as the  2011 six year contract. 
• Last reported actuarial report:  7/1/11    I guess the township didn't need to update this report to reflect the current conditions....but they may... because there is talk to do another bond issuance before the 2014  State of Michigan deadline for this underfunded health pension fund... currently projected as also a $86 million underfunded liability to the township.
• Currently, the township pays this retiree health plan as a "pay as you go"... with the necessary payment coming from the general fund each year.  Estimated to be $3.8 million for the 205 retirees plus their dependents.  You don't see one line item for this cost because the township takes money from each department ....but it certainly adds up.
• The only employees NOT in this retiree health plan are those hired after May 2011.  No medical, dental, vision...but do qualify for a life insurance.  They have a different retirement health plan.
• Eligibility requirements vary.  See Milliman report... page 98/308 of the board packet.
• This retiree health plan should last as long as the defined benefit pension plan as it is the same people.   So... another 50 plus years?
• Here are some items mentioned as a comment in this financial report but needs DETAILS  for this report.  They are:  the township has set aside $1.6 million to be used ONLY to help pay for Other post employment benefits.  WHERE is this money and what "other" benefits? What is this account called?
• And the second comment was a significant amount is set aside in a premium stabilization account with CIGNA for active or retiree health care.   What number is "significant"?   This is a financial report...give details.  What is the account called?
• This report did mention that IF the township ALSO bonded THIS underfunded retiree health benefit plan... the estimated cost would be $7.0 million year.  How many bonds can this township afford as a "first obligation" ?
• Not mentioned in this financial report is the fact that the township "OPTS OUT" of a state law requiring the employee to contribute more to their health plan.  You pay instead. This can only last a total of six years...(2017)  then the township MUST follow the law.  My question is WHY did our leadership negotiate/sign a contract for six years intentionally knowing that the taxpayer would have to cover the required percentage of health care costs the employee didn't pay? 

401 (a) DEFINED CONTRIBUTION PENSION PLAN

• This plan is for the post 2005 hired employees and the library employees.What is that current number? 
• The township employer contribution is 14% for public safety and 10% for others.  This is quite high as private sector employers are usually in the 3 - 7% range.
• The employee contributes ? whatever they want up to the max by federal guidelines?
• 3/31/13 township contribution to this plan was  approximately  $293,000 for the year.  Why not an exact figure?  This is a financial report.  How many employees in this plan at this time?
• Neither of the pension plans mention how the library employees are funded.  Those employees are in a different taxing authority.  Why is funding of library employees not clear?
• This financial reports states:  "Clearly, this pension plan will offer significant budget relief in pension expenditures over the long term."    I don't agree with that.   With employer percentages like that... and their estimate of 3 % pay increases each year....no way.
• In both pension funds, the employees are provided group and individual investment counseling as part of the plan.

(VANTAGE CARE) ?   RETIREE HEALTH SAVINGS PLAN

• In May, 2011 this plan was started with the new 6 year contracts.
• Township, as employer, contributes $2500/ year   per employee.
• Employees contribute 2 % of their base pay.
• 3 years then vested.
• The 28 employees hired since May 2011 .... cost the township $70,000.
• The LAST agenda item on 7/22/13 is an amendment to this savings plan... adding LIBRARY employees.  Read more about that in the board packet.
• WHEN... all employees are in this plan...in about 25-30 years... ASSUMING the same contribution of $2500...  the cost to the township would be $650,000/ year.
• I did read somewhere that these employees do have a life insurance policy. ... from whom and payment amount I don't know... but the facts should be in this financial plan.
• NOT mentioned in this financial report is the fact that the township "OPTS OUT" of a state law requiring more contributions by employees to their health care.  You pay instead.

Now for the "AMONG OTHERS"   reports that were required?  

• What about the over $69 million in current bond debt?  I believe that payment is between $5-6 million/ year.  THIS IS ALSO A FIRST OBLIGATION from the General Fund.  How many millions toward Bonds can we afford?
• What are the dollar balances in all the different departments and accounts at the various banks?
• Where is all the township money?  
• How much money is in all these pension funds?
• Are all these moneys mixed with other accounts?
• How much money is collected in property tax and stays at the township each year?
• See the BUDGET... but realize... many accounts and plans and money movement and investments are NOT included in the budget report nor in the dashboard of financial facts.

Lastly,  the Financial Report states:  "The township intends to use General Fund moneys to satisfy its obligations to pay the debt service amortization schedule for the bonds." 
I thought the township told us in the meetings that the interest earned from the INVESTMENTS would pay for the bonds?  I need clarification at the  7/22/13 meeting.

However, if the BONDS are an asset in the pension fund.... it appears that the pension fund would benefit from any increases in investments..and that money would stay in the pension plan making the plan more than 100% funded.... and more importantly, not available for use by the township to help with the annual budget.  However, should that fund decrease below the 100 % funded status,  the township taxpayer would have to contribute MORE.

I still don't think the Bond issuance is a good idea.  I say... make budget cuts and live within our means as a township.  Unfortunately, I don't have one of the 7 votes to decide the issue.

The problem is that IF we make current cuts, it will not benefit us during our lifetime as we are paying for the indulgent benefits  granted over the last 30 - 40 years to people who are now retired.  A more prudent plan will maybe impact the costs for our children.   

THE 308 PAGE BOARD PACKET is found HERE.... click on Board of Trustees/ Board Packet/ 2013/ July 22, 2013....   then WAIT for this huge document to load on you computer

PS.  There are OTHER agenda items....... roads...etc.  ON the July 22, 2013 meeting.

Marcia