STATE REPRESENTATIVE

Jim Haadsma

JimHaadsma@house.mi.gov
RepHaadsma.com

MEDIA ADVISORY

Who: State Rep. Jim Haadsma (D-Battle Creek) 

What: State Rep. Haadsma will be holding coffee hours in Springfield and Albion to meet with constituents.

When & Where: 

Saturday, October 7, 9-11 a.m. at Mr. Don’s Restaurant, 341 N. 20th St., Springfield 

Saturday, October 7, 1-2:30 p.m. at Stirling Books and Brew, 119 N. Superior St., Albion

Background: State Rep. Haadsma hosts coffee hours on the first Saturday of the month to give residents the opportunity to discuss the most important issues happening at the state Capitol and around the community. 

Written by John Face
Editorial
September 27, 2023

Read Ed Haas’ lawsuit against the Albion City Council and the Economic Development Corporation (EDC). It will only take a few minutes. CLICK HERE TO READ LAWSUIT DETAILS, and you may genuinely feel that four council members have gone off the deep end by willingly defying the rule of law. Not only refusing to listen to their own City Attorney, they had a second opinion from the EDC lawyer, both telling them they were about to violate the city charter and possibly laws.

Of course, the only real losers in all this are the taxpayers of Albion because we have to foot the bill to pay for their defense. Albion’s Council members, at least these four who broke the law, need to be held accountable; as I stated in another story, that is unlikely to happen. People watch how our Mayor struggles to pull these four council members along during meetings, which turns them into hours-long sessions because they appear never to do any “homework,” (AKA reading material prior to meetings) which would enable meetings to go quicker, making the Mayors meeting go quick and efficient.

These long meetings are reminiscent of when Garrett Brown was Mayor. Even though it was a simple issue, his reputation of having to overtalk every question to the council always brought moans from those in attendance. I often sat there thinking, yes, Garrett, you think you are smart, and thanks to your mindless chatter, you may be proving the opposite. His poorly run meetings were long and tedious for council members and the audience.

Hell, it got to the point I stopped attending meetings and watched online. I played a beer-drinking game by sipping my favorite beer every time he spoke over someone or explained what another council member just said. Thankfully, I was toasted mid-way through the meeting and could rely on the recording the next day. I digressed, sorry.

Our current council comprises four people with close ties to Garrett Brown and former disgraced Albion College President Mathew Johnson. It should come as no surprise they are willing to risk being sued because they most likely were told you can do whatever you want as council. Brown told me that in the past, “His council answers only to itself.” He’s right, and until voters recall them or vote them out, everything stays the same in Albion. The sad truth is that Mayor Snyder, Council members Davis, and French are lumped in with this group of four.

Now, Judge Sarah Soules Lincoln of our 37th Circuit will decide whether this council completely disregarded the rule of law. We hope she holds them accountable for what they did.

Have information about this or other stories? Contact us at http://www.citywatchnews1@gmail.com

September 27, 2023

The following document is what was filed in Circuit Court, which you can view by FOLLOWING THIS LINK to our article yesterday.

STATE OF MICHIGAN

IN THE CALHOUN COUNTY CIRCUIT COURT
161 Michigan Ave, Battle Creek, MI 49014 – (269) 969-6518

EDWARD HAAS, Case No. 23- -CZ
Plaintiff, Hon.

v

CITY COUNCIL OF THE CITY OF
ALBION and THE ECONOMIC
DEVELOPMENT CORPORATION
OF THE CITY OF ALBION,

Defendants.

KUIPER KRAEMER, P.C.
Scott W. Kraemer (P69822)
C. Christopher Newberg (P79025)
Holly A. Jackson (P71684)
Attorneys for Plaintiff
180 Monroe Ave NW, Suite 400
Grand Rapids MI, 49503
(616) 454-3700
kraemer@k2legal.com
newberg@k2legal.com
jackson@k2legal.com

There is no other pending unresolved civil action arising out of
the transaction or occurrence alleged in this Complaint.

VERIFIED COMPLAINT

NOW COMES Plaintiff, Edward Haas, by and through his attorneys, Kuiper Kraemer PC, and hereby submits Plaintiff’s Verified Complaint against Defendants.

INTRODUCTION

1. On August 10, 2023, Plaintiff and other members of the The Economic Development Corporation for the City of Albion (“EDC”) voted to remove its then-president and CEO, Virgie Ammermann. In an almost immediate act of retaliation, the Albion City Council convened on August 15, 2023 to remove Plaintiff and three other EDC board members who voted to terminate Ms. Ammermann from their respective positions on the EDC’s Board of Directors. However, the Albion City Council’s removal of Plaintiff and the other three EDC board members was done without cause and in conflict with the applicable laws and governing documents. Because the Albion City Council’s action on August 15, 2023 was retaliatory, illegal, and outside of its authority, Plaintiff seeks an order invalidating the decision and providing other relief as requested herein.

GENERAL ALLEGATIONS

2. Plaintiff, Edward Haas, is an individual who resides in Calhoun County, Michigan.
3. Defendant, the City Council of the City of Albion “(City Council”), is a municipal entity located within Calhoun County, Michigan.
4. Defendant, The Economic Development Corporation for the City of Albion, is a Michigan corporation formed pursuant to Michigan’s Economic Development Corporations Act that operates withing Calhoun County, Michigan.
5. At all relevant times, the subject matter of this Complaint took place within the jurisdiction of this Court.
6. The amount in controversy is greater than $25,000.00 or otherwise within the jurisdiction of the Court.

GENERAL ALLEGATIONS

7. Prior to August 15, 2023, Plaintiff served as a duly appointed member of the Board of Directors for the EDC.

8. The City of Albion’s website describes the EDC as follows: “The Economic Development Corporation of the City of Albion (EDC) was established by adoption of articles of incorporation dated July 29, 1977. The statutory authority for the adoption is found at MCL Section 125.1601, et seq. Board member’s qualifications are found at MCL Section 125.1604. It shall consist of at least nine members, including the Mayor who shall serve as a Director by virtue of holding the office of Mayor of the City of Albion – not more than three can be an officer or employee of the municipality. The Mayor appoints the board members with the advice and consent of the Council.” 1

9. At all relevant times, the EDC was governed by its Articles of Incorporation, as amended, and Bylaws. (Articles of Incorporation, Exhibit 1; EDC Bylaws, Exhibit 2.)

10. At relevant times, the EDC’s Board of Directors was composed of nine board members, including Plaintiff.

11. On August 10, 2023, the EDC’s Board of Directors met at the Albion City Council chambers for a public special meeting.

12. The primary topic of the EDC’s August 10, 2023 meeting was the removal of the EDC’s president and CEO, Virgie Ammermann, for cause.

13. Ms. Ammermann was regarded as an officer and employee of the EDC and was employed on an at-will basis.

14. At the special meeting, the EDC board members heard comments and deliberated Ms. Ammermann’s termination.

15. At the August 10, 2023 meeting, after several hours of discussion, Ms. Ammermann was removed from her position after a majority of the EDC board members voted to terminate her position within the EDC. (See August 10, 2023 EDC Special Meeting Minutes, Exhibit 3.)

1 https://www.cityofalbionmi.gov/government/city_boards_commissions_and_committees/economic_development_corporation_tax_increment_finance_authority.php

16. Plaintiff was one of the five EDC Board members who voted in favor of removing Ms. Ammermann from her position. Plaintiff and four other EDC Board of Directors members voted in favor of removing Ms. Ammermann from her position.

17. The majority vote (five out of nine) of the EDC Board of Directors effectively terminated Ms. Ammermann’s role as president and CEO of the EDC pursuant to the terms of the EDC’s governing documents and the law.

18. Ms. Ammermann’s removal from the EDC triggered significant backlash among the other EDC board members and, apparently, members of the Albion City Council.

19. In an act of retaliation, the Albion City Council held a special meeting on August 15, 2023 to remove four of the five EDC board members who voted in favor of removing Ms. Ammermann from their respective positions within the EDC. Plaintiff was one of the four EDC board members that the City Council sought to remove.

20. At the August 15, 2023, special meeting, the City Council members deliberated about their authority to remove the four EDC board members and the appropriateness of doing so.

21. Under Article III, Section 4 of the EDC’s Articles of Incorporation, as amended in 1987, a Board of Director’s board member position “shall become vacant” upon “a removal from office in any manner provided by law.” (Articles of Incorporation, Exhibit 1.)

22. Furthermore, the Article II, Section 4 of the EDC’s Bylaws state:

E. removal of the incumbent by action of the Albion City Council for cause as provided by law, including without limitation these circumstances:

(1) the incumbent’s default to the City of Albion which continues more than thirty (30) days after notice by the city clerk, unless the director is, in good faith, actually testing the existence or legality of the default by an appropriate action at law or in equity;

(2) final conviction of the incumbent of a felony involving moral turpitude, or of an offense involving a violation of an oath of office;

(3) a judicial determination that the incumbent is legally disabled;

(4) failure of the director to take the oath or make the affirmation, or file a bond if required, within 10 days after the appointment is effective, or within not more than 30 days, if the board allows;

(EDC Bylaws, Exhibit 2.)

23. Recognizing that the City Council could only properly remove a member of the EDC’s Board of Directors “for cause,” the City Council members who supported Ms. Ammermann attempted to articulate the cause for removing Plaintiff and the other EDC board members.

24. The “cause” discussed by the proponents of the motion to remove the EDC board members all related back to their opinions as to how the EDC’s vote to remove Ms. Ammermann was handled.

25. However, none of the reasons cited by the City Council amounted to “cause” as contemplated by the relevant governing documents or the law. To that extent, the City Council was advised by its attorney that it did not have cause to terminate the four EDC board members.

26. Rather, it was evident by certain City Council members’ statements and positions that the only actual reason they sought to remove the EDC board members was because those board members successfully voted in favor of removing Ms. Ammermann on August 10, 2023.

27. Ultimately, after nearly two hours of discussion and deliberation, the Albion City Council, in a four to three vote, approved the motion to remove Plaintiff and the three other EDC board members from their positions. (August 15, 2023 City Council Minutes, Exhibit 4.)

28. After the August 15, 2023 meeting, the City Council members began discussing the process of engaging a third party to investigate Ms. Ammermann’s removal from the EDC, further indicating that the City Council had no actual cause to remove Plaintiff and the other three EDC board members.
29. Since August 15, 2023, the EDC has reconvened with new members appointed and approved by the Albion City Council and immediately began taking efforts to rehire Ms. Ammermann as the EDC’s president and CEO, effectively bypassing the prior decision of the EDC Board of Directors.
30. Plaintiff’s injuries in this case are non-compensable. Plaintiff is not seeking financial remuneration and there is no possible way for an award of money damages to remedy the harm caused by Defendants’ actions.
31. The injury to Plaintiff is certain and great; the City Council illegally stripped of his ability to continue serving as a public servant of his own community and participate in the City of Albion’s economic development efforts as a duly appointed official of the city.
32. Without a restraining order and a preliminary injunction maintaining the status quo, the City Council is very likely to replace Plaintiff’s seat on the EDC’s Board of Directors and the EDC is very likely to take action that unwinds previous decisions and efforts implemented while Plaintiff was serving in his role as an EDC board member. By all apparent accounts, the current members of the EDC intend to take action that will be very difficult, if not impossible, to unwind after Plaintiff is eventually reinstated on the EDC’s Board of Directors.

COUNT I – VIOLATION OF THE ECONOMIC DEVELOPMENT CORPORATION ACT

33. Plaintiff restates the previous paragraphs as though fully set forth below.

34. The Economic Development Corporations Act, MCL 125.1601, et seq. (the “Act”), provides the legal framework for the creation, authority, and operation of public economic development corporations.

35. At all relevant times, the City of Albion’s EDC was a “corporation” (as defined by the Act) duly authorized to function as the economic development corporation for the City of Albion.

36. At all relevant times, the Albion City Council was a “governing body,” as defined by the Act.

37. At all relevant times, Plaintiff was a duly appointed member of the EDC’s Board of Directors, thereby availing him of the rights and protections of the Act.

38. Under Article III, Section 4 of the EDC’s Articles of Incorporation, as amended in 1987, a Board of Director’s board member position “shall become vacant” upon “a removal from office in any manner provided by law.” (Articles of Incorporation, Exhibit 1.) Accordingly, we look to the Economic Development Corporation Act to determine whether Plaintiff’s removal from the EDC’s Board of Directors was done in a manner provided by law.

39. Pursuant to MCL 125.1604(6), that being Section 4 of the Act, Plaintiff could only be removed from his EDC director position “for cause by a majority vote of the governing body.”

40. When the City Council voted to remove Plaintiff as a director of the EDC on
    August 15, 2023, it did so without sufficient cause as required by the Act.

41. Accordingly, the City Council violated the Act when it improperly removed Plaintiff as a director of the EDC on August 15, 2023.

COUNT II – BREACH OF EDC BYLAWS

42. Plaintiff restates the previous paragraphs as though fully set forth below.

43. At all relevant times, the EDC’s Bylaws governed the operations of the EDC and the relationship between the Albion City Council and the EDC.

44. Article II, Section 4 of the EDC’s Bylaws state:

E. removal of the incumbent by action of the Albion City Council for cause as provided by law, including without limitation these circumstances:

(1) the incumbent’s default to the City of Albion which continues more than thirty (30) days after notice by the city clerk, unless the director is, in good faith, actually testing the existence or legality of the default by an appropriate action at law or in equity;

(2) final conviction of the incumbent of a felony involving moral turpitude, or of an offense involving a violation of an oath of office;

(3) a judicial determination that the incumbent is legally disabled;

(4) failure of the director to take the oath or make the affirmation, or file a bond if required, within 10 days after the appointment is effective, or within not more than 30 days, if the board allows;

(EDC Bylaws, Exhibit 2.)

45. On August 15, 2023, the Albion City Council acted outside of its authority by removing Plaintiff and three other EDC board members without sufficient cause, and out of retaliation after the EDC voted to remove Ms. Ammermann from her role as president and CEO of the EDC.

46. By removing Plaintiff and others from the EDC Board of Directors without sufficient cause, the Albion City Council violated the EDC Bylaws and acted outside of its mandate.

COUNT III – DECLARATORY AND INJUNCTIVE RELIEF

47. Plaintiff restates the previous paragraphs as though fully set forth below.

48. Under MCR 2.605, there is an actual controversy between Plaintiff and the Albion City Council concerning the City Council’s arbitrary and retaliatory decision to remove Plaintiff and three other EDC board members from the EDC Board of Directors without sufficient cause.

49. As mentioned above, MCL 125.1604(6) provides that Plaintiff could only be removed as a member of the EDC’s Board of Directors “for cause by a majority vote of the [Albion City Council].”

50. Further, Article II, Section 4 of the EDC’s Bylaws state:

E. removal of the incumbent by action of the Albion City Council for cause as provided by law, including without limitation these circumstances:

(1) the incumbent’s default to the City of Albion which continues more than thirty (30) days after notice by the city clerk, unless the director is, in good faith, actually testing the existence or legality of the default by an appropriate action at law or in equity;

(2) final conviction of the incumbent of a felony involving moral turpitude, or of an offense involving a violation of an oath of office;

(3) a judicial determination that the incumbent is legally disabled;

(4) failure of the director to take the oath or make the affirmation, or file a bond if required, within 10 days after the appointment is effective, or within not more than 30 days, if the board allows;

(EDC Bylaws, Exhibit 2.)

51. There is no dispute that the Albion City Council could only remove Plaintiff (and other EDC directors) from the EDC’s Board of Directors for cause under the Economic Development corporation Act and the EDC’s Bylaws.

52. On August 15, 2023, the Albion City Council acted outside of its authority by removing Plaintiff and three other EDC board members without sufficient cause, and out of retaliation after the EDC voted to remove Ms. Ammermann from her role as president and CEO of the EDC.

53. Although some of the Albion City Council members attempted to articulate some sort of “cause” upon which to remove Plaintiff and the other board members, their purported reasons were without merit, failed to establish legal “cause,” and amounted to nothing but a pretext for their otherwise retaliatory and illegal actions.

54. By removing Plaintiff and others as EDC board members without cause, the Albion City Council violated the EDC Articles of Incorporation, the EDC Bylaws, the City of Albion charter and related ordinances, and the Economic Development Corporation Act, and is acting outside of its mandate.

55. Furthermore, because Plaintiff and the other EDC board members were removed without authority, any action taken by or with respect to the EDC Board of Directors subsequent to August 15, 2023, would lack the requisite authority and would, therefore, be null and void.

REQUEST FOR RELIEF

THEREFORE, Plaintiff respectfully requests this Court enter an order:

(A) Declaring that all actions of the Albion City Council in approving or authorizing the removal of Plaintiff and the other EDC board members from their respective positions on the EDC’s Board of Directors were done without proper authority and is invalid and of no legal effect;

(B) Declaring any EDC board member appointments made by the Albion City Council subsequent to the August 15, 2023 meeting as invalid and void;

(C) Declaring that any action taken by the EDC Board of Directors subsequent to the improper removal of Plaintiff and the other three EDC board members lacks proper authority and is, therefore, invalid and void;

(D) Preliminarily and permanently enjoining the EDC Board of Directors from taking any action that requires a vote of the EDC’s Board of Directors until a decision is rendered as to the status of Plaintiff’s role as an EDC board member;

(E) Preliminarily and permanently enjoining the EDC Board of Directors and the Albion City Council from taking any action inconsistent with the EDC’s August 10, 2023, decision to remove Virgie Ammermann from her position as president and CEO of the EDC;

(F) Preliminarily and permanently enjoining the Albion City Council from appointing new EDC board members until a resolution of this lawsuit is reached on the merits;

(G) Directing the Albion City Council to strictly abide by the City of Albion charter, the EDC Articles of Incorporation, the EDC Bylaws, and the Economic Development Corporations Act at all times going forward;

(H) Awarding Plaintiff his costs and expenses incurred in bringing this action, including reasonable attorney’s fees; and

(I) Awarding Plaintiff all such other relief as may be appropriate under the circumstances.

Date: September 25, 2023

Respectfully submitted,

Scott W. Kraemer (P69822)
Attorneys for Plaintiff
180 Monroe Ave NW, Suite 400
Grand Rapids, MI 49503
(616) 454-3700
kraemer@k2legal.com

Written by John Face

September 26, 2023

CLICK THIS LINK to the County website to read the court filing. City Watch will have more tonight.

On occasion we at City Watch will allow a letter to the Editor that we publish. Typically, they are letters tied to an important event or situation in Albion. We do review all letters and will only consider those that are factually accurate, not abusive and important, in our opinion, to the local community. We find the letter below to fit all in these categories and agreed to post it. The letter writer is well known in the Albion area, though that is not why we chose his letter, but his points tie in to our story which will be released later today.

John Face Chief Editor and Publisher of City Watch News.

AEDC Board of Directors;

Please carefully consider the formal oath of office you swore as public officials appointed to serve the City of Albion as Directors of the Albion Economic Development Corporation (AEDC). Each of you has solemnly pledged to support the Constitution of the United States and the State of Michigan and that each of you will, to the best of your abilities, faithfully and IMPARTIALLY discharge the duties of the AEDC.

Rushing to hire an individual who is currently under investigation by the Michigan State Police, who has allegedly made several improper fiscal transactions, who has reportedly caused the AEDC to breach a lease contract, putting the corporation and City of Albion at risk of litigation, who has required the AEDC to pay for additional professional services to assist this same individual in satisfactorily performing the duties of the same position you are about to hire them for; and who has, in the last 12-months, repeatedly demonstrated difficulty in effectively working with a super-majority of the AEDC Board of Directors, as well as numerous vital stakeholders; is NOT IMPARTIAL.  

In summary, rushing to hire this individual under the cloud of these circumstances is hardly an impartial discharge of your duties. Instead, such an action would underscore an impassioned effort to “right a wrong” that some or all of you perceive has been committed against this individual. Each of you has the responsibility to faithfully and impartially discharge the duties of your office, and that requires the law enforcement investigation be completed, and allegations of fiscal irregularities be laid to rest, as well as honestly engaging the stakeholders whom this individual has not effectively worked with, all before offering an employment contract of this magnitude and turning over the corporation to this individual.

Finally, it would help if you considered that a failure to discharge your office’s duties impartially would violate your oath of office as a public official and constitute official misconduct. 

Respectfully,

Dave Atchison

Albion Michigan

Photos by John Face

September 23, 2023

Press Release

September 23, 2023

The week of September 12-16, Battle Creek Area Habitat for Humanity embarked on a week-long project to give back to veterans who have served to bless our country. Habitat worked on three wheelchair ramps, a roof reshingle project, and a significant yard clean-up project for veterans in Calhoun County.

One of those projects was located on Monroe Street in Albion. It was a complete roof redo with work performed by the Michigan Job Challenge Program, Eaton Corporation, Albion College students, the American Legion Auxiliary Post 55, and Habitat regular volunteers. “It was truly a blessing to have so many willing and able volunteers. So many people pitched in to see the project through to completion,” stated Mike King, Interim Executive Director for Habitat.

The roof was started on Tuesday and completed by Friday. Funders for all the projects of the week included the American Legion Auxiliary Post 55, Eaton Corporation, Marshall Community Credit Union, Johnny’s Market, Advia Credit Union, Quality Plumbing and Drain, Spartan Podiatry, and Kellogg Community Credit Union.

There is much desire to support veterans in this community. The three wheelchair projects were located in Homer, Marengo, and Athens. Volunteers for those projects came from Eaton Corporation, Knauf Insulation, and Habitat’s regular volunteers. “Tears are often shed at the completion of a wheelchair ramp,” stated Mr. King. “As our population ages mobility can be a big issue in a person’s life”.

Sometimes, the biggest hurdle for an elderly person is the four steps right outside their front door. A ramp can bring freedom like they haven’t felt in years. The volunteers certainly enjoy building ramps because when the project is finished in a day, there is so much appreciation from the entire recipient family.” Habitat builds ramps for families of low income, and they can be contacted at 269-966-2502.

PHOTO CAPTION: Albion Area Philanthropic Women gathered last week at McIntosh Park to award funding to the latest recipient INNOVATE Albion to support the robotics teams. This giving circle has donated over $650,000 to local Albion area non-profit organizations.

Innovate Albion was the latest to receive funding from the Albion Area Philanthropic Women during its recent 3rd  quarter meeting.

The philanthropic group met at McIntosh Park pavilion to view the year-old splash pad and playground donated to Albion by Christie and Tony de Nicola in honor of their parents. 

INNOVATE Albion and our FIRST Robotics Teams will be supported by the AAPW funds to help the growing community of robotics teams for students in kindergarten through high school.  During the 2023 – 2024 season there will be over 90 students participating in a 

robotics team experience, according to Caroline Hurteau, head of INNOVATE Albion.

She stated, “ Funds donated by AAPW will support team competition registrations, provide scholarships for team participation, provide snacks for teams during practice and purchase necessary equipment including LEGO education kits, competition field elements and necessary technology.”

Hurteau continued, “ Our FIRST Lego Explore (K-3), FIRST Lego Challenge (4th -5th grade) and FIRST Tech Challenge (6th – 8th grade) teams are practicing now and will begin competing as early as late October.” 

New AAPW members are always welcome. The only requirement is that women have a heart for giving and a desire to make the Albion area a better place for all. Members commit to donating $100 per quarter to a deserving nonprofit voted on by the group. To be a member you need not live in the Albion area. Many current AAPW supporters live out of town but regularly send checks to support the philanthropic group’s efforts. 

AAPW was founded in 2007 by Cathy Campbell and the late Maggie Konkle. To date AAPW members have given over $650,000 to the Albion area nonprofit organizations.

For more information contact AAPW volunteer leaders Nancy Roush at nancyroush@gmail.com; Gwen Tabb at tabbqwendolyn113@gmail.com or Marcia Starkey at mstarkey74@gmail.com.  

Written by John Face
September 13, 2023

Former Albion Economic Development Corporation (EDC) President Virgie Ammerman’s actions are what is the focus of the Michigan State Police (MSP) investigation. City Watch has learned that Ammerman, after she was fired, illegally accessed her EDC email account. Even as she told the public that she had noble goals of archiving emails for whoever would replace her, she knew that was false.

Ammerman had deleted emails, and it is what was in those emails that caused MSP to be alerted. City Watch discovered that Ammerman had sent a shared drive of all EDC data, including personal EDC data, to her private email. This action appears illegal and does not match her claims about why she accidentally deleted emails. Fired or not, if Ammerman in fact did take these documents it would be a crime according to law enforcement sources. City Watch has also learned that MSP interviews have been taking place throughout the community. According to sources, the MSP was able to retrieve the lost emails. That of course does not fix the alleged stolen information.

As the current EDC Board still attempts to rehire Ammerman, her EDC Board and City Council supporters need to address this information.