Traverse City Record-Eagle

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Grand Traverse County

October 11, 2007

GT board apologizes, settles suit

By Brian McGillivary

TRAVERSE CITY -- The Grand Traverse County Board agreed to pay $7,500 in attorney fees and apologize to fellow commissioner Christine Maxbauer to settle a lawsuit alleging it violated the state Open Meetings Act.

The board voted 7-1 Tuesday night to settle the suit and issue a three sentence apology, but still maintains it did not do anything wrong.

Maxbauer sees it differently.

"Anytime you apologize you admit you've done something wrong," Maxbauer said. "My view is that I won and the constituents won. I got a letter of apology and they paid my attorney fees."

The lawsuit was prompted by the board's May 23 strategic planning session, during which her fellow commissioners allegedly told Maxbauer they didn't want her to videotape the meeting. Maxbauer said she "caved" under pressure exerted by fellow commissioners.

The Open Meetings Act requires all public bodies to allow the videotaping of meetings.

"We reiterate your right to videotape meetings and apologize for what has transpired concerning this matter," the board wrote in its letter of apology.

Board Chairman Addison "Sonny" Wheelock said they didn't do anything wrong or violate the law because board members didn't "tell" Maxbauer not to videotape, they "asked."

Wheelock said the board wasn't apologizing for its actions on May 23, but for the "hard feelings and comments that have been passed on since that day."

He said continuing the suit would be a waste of taxpayers' money and the board needed to move forward.

Other commissioners said the suit was a distraction and they needed to find common ground to work together in the best interests of the county.

Commissioner Larry Fleis was the lone no vote.

"I think it's deplorable that she sued the residents of Grand Traverse County, including her own constituency," Fleis said. "To me, that's poor representation."

Maxbauer went door to door asking residents about her lawsuit and said people supported her "overwhelmingly."

Maxbauer's attorney, Grant Parsons, said he was disappointed he would not get to depose all eight commissioners on videotape and show them on tctv2 public access television.

But, he said, Maxbauer made her point about open government.

"She went out on a limb on this and it isn't an easy thing to do to go against your fellow officials," Parsons said. "Too often (officials) sit quietly ... and allow their boards to violate the law."

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