Below you will see a copy of a post written by we assume Marcola Lawler. It is a detailed explanation of her feelings of promises made by Albion College President Mathew Johnson. The post below was put on her council Facebook page on October 26 at 5:55 P.M. Ms Lawler is the City of Albions Council member for the 4th Precinct.
On October 28 ( take note of the dates) Ms. Lawler gave the City a request to include a resolution (We assume written by Lawler as well, shown bottom, look at writing styles of both documents) for Monday nights council meeting, that will ask the Albion City Council to consider and pass the resolution regarding Johnsons vision, not Ms. Lawlers.
Now according to Lawler, Johnson made promises to her that funds would be available for low cost housing, renovations to the Washington Gardner school. He asked her for support of his vision which as you see below she gave. So because he promised everything she wanted to hear she appears willing to bring a resolution forward that is named after, wait for it, Dr. Johnson.
Now the fact that Johnson appears to have the votes needed to adopt his resolution should be concerning to all of us. No one single person should have a majority of elected officials beholding to him. The same applies to the Marshall Board of Education who also has members beholding to Johnson.
Many have asked over the last few days what exactly is going on? Why one questioner asked, does Johnson want the new school if the bond passes beside Washington Gardner which has no room and not at the old high school on Watson? Why did the School systems own survey show a majority of Albion area voters say they want the school at the Watson street location yet the school board plans on placing it at Washington Gardner? The biggest question is why are the members of Albion’s City Council unwilling to talk to citizens? Why have they not reached out to members in the community on whether we as a city should give our entire support?
Where does the money come from for Johnsons “dream”? It will take millions to accomplish and he has yet to raise nearly enough, so if he decides not to raise the money but instead raid the colleges endowment the college will be in serious financial trouble as they are already slowly making a downward trend money wise. Of course that might explain why he has redirected funds from staff and students to cover shortfalls.
Monday night at 7:00 P.M. your council will commit all of us to Mathew Johnsons vision, not theirs. Not sure why the hell we voted them on to council. If you are good Johnsons vision so be it. If not start calling your council members and tell them to stop Johnson from controlling them. Better yet show up and tell them in person during the first audience speaks session. Johnson has his supporters lined up to do so.
One further note. Just because you don’t think you are selling votes doesn’t mean you aren’t. I recall from my criminal justice class in high school, never lie to the feds, that alone gets you prison time. Ask Martha Stewart she knows.
RESOLUTION #2021-36
A RESOLUTION RESTATING THE CITY’S SUPPORT FOR DR. JOHNSON’S VISION
Council Member ____________ moved, supported by Council Member _______________, to approve the following resolution.
WHEREAS, On Saturday, April 24, 2021, the Albion City Council at a special meeting approved 5-2 a motion to support Albion College President Johnson’s approach to public-private partnership outline in the letter entitled “Vision for the Future of Albion, the College and the City: and
WHEREAS, The Albion City Council’s approved motion supporting the public-private partnership vision made no exceptions, so it included support for the entire contents of the vision document, thus including and supporting the Washington Gardner site option; and
WHEREAS, The Albion City Council recognizes that access to quality education is an essential component of a sustainable and competitive community for residents and businesses; and
WHEREAS, Albion’s College’s President and Board of Trustees have expressed their desire to both strengthen the College’s engagement with the community and to ensure that the College’s future planning and investments are undertaken with a consideration of how they might also benefit the community as a whole; and
WHEREAS, Albion College President Mathew Johnson’s letter proposed a visionary plan for a public-private partnership in support of public education that would redevelop the site of the former Washington Gardner School by:
Co-locating a new science, technology, engineering, arts, and math (STEAM) focused elementary school adjacent to the site;
Establishing an Albion African-American history museum within the former school building;
Expanding Albion College’s facilities to include new construction of a theater, a music performance hall, an NCAA compliant athletic arena, and instruction and practice spaces for the College’s education and music departments, respectively;
WHEREAS, The Albion City Council in April and now finds that President Johnson’s plan offers the best opportunity to strengthen public education in the City of Albion, especially as it would create a unique set of wrap-around opportunities and services for children and families of Albion;
NOW THEREFORE BE IT RESOLVED, the Albion City Council hereby again expresses its strongest support for the vision and plan articulated in the April 21, 2020 memorandum submitted to the Council and community by Albion College President Mathew Johnson entitled “A vision for the Future of Albion, the College, and the City” which included the Washington Gardner site option for the location of the proposed new Marshall Public Schools (MPS) elementary school in Albion;
BE IT FURTHER RESOLVED, the Albion City Council supports the vision outlined by Dr. Johnson even though the Battle Creek YMCA has decided to no longer partner with Albion College;
I hereby certify that the above resolution was adopted on November 1, 2021 in a regular session of the Albion City Council, and this is a true copy of that resolution.
Albion College President Mathew Johnson and his supporters apparently have decided to make a public statement about the upcoming Bond and location of the proposed elementary school. City Council member Marcola Lawler submitted for consideration at Monday nights meeting a resolution (printed below) that is titled “A resolution restating the City’s support for Dr. Johnson’s position”. Why our elected officials wish to wade into this mess further is making more people go Hmmmmm.
The City Council is hell bent on making sure that the Washington Gardner site for the school is preferred assuming the bond passes. Everything below listed in this resolution is fine and can be easily done with the new school being built where a majority of voters want it, at the Opportunity High School yard on Watson Street, the districts own poll showed that. The only thing this is showing is that we have a slim majority of council members and their supporters who are willing to go against the will of the voters.
This all brings back the main story lines of City Watch over the last two months showing that Council members have benefited directly from Johnson, his money and facilities. Add in the school board members financial gain makes for a potent weapon he holds, a weapon of influence.
Is it criminal? Well I can tell you no one on the council or school board is qualified to say. What I am willing to say once again something smells pretty bad in Albion and it’s not this writer. If you are in favor or against the plan below show up Monday night at 7:00 P.M. for the council meeting and be heard.
RESOLUTION #2021-36
A RESOLUTION RESTATING THE CITY’S SUPPORT FOR DR. JOHNSON’S VISION
Council Member ____________ moved, supported by Council Member _______________, to approve the following resolution.
WHEREAS, On Saturday, April 24, 2021, the Albion City Council at a special meeting approved 5-2 a motion to support Albion College President Johnson’s approach to public-private partnership outline in the letter entitled “Vision for the Future of Albion, the College and the City: and
WHEREAS, The Albion City Council’s approved motion supporting the public-private partnership vision made no exceptions, so it included support for the entire contents of the vision document, thus including and supporting the Washington Gardner site option; and
WHEREAS, The Albion City Council recognizes that access to quality education is an essential component of a sustainable and competitive community for residents and businesses; and
WHEREAS, Albion’s College’s President and Board of Trustees have expressed their desire to both strengthen the College’s engagement with the community and to ensure that the College’s future planning and investments are undertaken with a consideration of how they might also benefit the community as a whole; and
WHEREAS, Albion College President Mathew Johnson’s letter proposed a visionary plan for a public-private partnership in support of public education that would redevelop the site of the former Washington Gardner School by:
Co-locating a new science, technology, engineering, arts, and math (STEAM) focused elementary school adjacent to the site;
Establishing an Albion African-American history museum within the former school building;
Expanding Albion College’s facilities to include new construction of a theater, a music performance hall, an NCAA compliant athletic arena, and instruction and practice spaces for the College’s education and music departments, respectively;
WHEREAS, The Albion City Council in April and now finds that President Johnson’s plan offers the best opportunity to strengthen public education in the City of Albion, especially as it would create a unique set of wrap-around opportunities and services for children and families of Albion;
NOW THEREFORE BE IT RESOLVED, the Albion City Council hereby again expresses its strongest support for the vision and plan articulated in the April 21, 2020 memorandum submitted to the Council and community by Albion College President Mathew Johnson entitled “A vision for the Future of Albion, the College, and the City” which included the Washington Gardner site option for the location of the proposed new Marshall Public Schools (MPS) elementary school in Albion;
BE IT FURTHER RESOLVED, the Albion City Council supports the vision outlined by Dr. Johnson even though the Battle Creek YMCA has decided to no longer partner with Albion College;
I hereby certify that the above resolution was adopted on November 1, 2021 in a regular session of the Albion City Council, and this is a true copy of that resolution.
The Marshall Public Schools released a legal opinion by Thurn Law Firm P.C. that basically says that school board President Richard Lindsey has no conflict of interest. (below)
On the other hand the group Informed Parents of Marshall Public Schools who opposes the school bond issue requested a legal opinion from another source. Hewson & Vanhellemont P.C. and it gave a very detailed (below) opinion that says Lindsey has a conflict of interest.
School Board Conflict of Interest
Once you take the time to read both opinions you can make your own decision. City Watch would like to point out that when you are trying to prove a conflict of interest isn’t occurring on the school board, you shouldn’t commit a conflict of interest.
The school boards firm Thurn Law does have a stake in making this opinion if nothing more than in appearance. Marshall School Board Trustee Matt Davis’s brother is a partner at Thurn. Actually if you read the top of the opinion Thurn page you will see his name listed Raymond Davis. We will likely be told that Attorney Davis played no role in writing the opinion for the school district and that may be true and all of this is on the up and up.
BUT if you are trying to prove no conflict of interest wouldn’t common sense dictate as a law firm and school board you NOT use a law firm that looks tainted and in the family?
Here are the opinions:
October 18, 2021 Board of Education Marshall Public Schools 100 E. Green St. Marshall, MI 49068 RE: Conflict of Interest Dear Members of the Board of Education: I have been asked by the Informed Parents of Marshall Public Schools to evaluate a situation facing the Marshall and Albion communities and provide a legal opinion based on the facts presented. This opinion is based on the information provided to me and not as a result of an independent investigation. I. Facts This opinion is provided based upon my understanding of the facts as they were provided to me. Those facts are that the president of the Marshall Public Schools (MPS) Board of Education, Mr. Richard Lindsay, Jr., is a licensed attorney who is employed at Abbott, Thomson, Mauldin, Parker, Beer & Rick, PLC, a law firm in Jackson, Michigan. In the course of his employment as an attorney, he represents Albion College in the area of property acquisition and contract review. This representation began at or near the same time negotiations of a possible deal between Albion College and MPS commenced. In this deal, the college would “donate” a piece of land to MPS in exchange for MPS building an elementary school on the property. Although there has been no contract or decision yet, it has become apparent that Mr. Lindsay has full intention to continue representing the college and vote on any deal that may be introduced before the board of education. Moreover, it appears the board of education will not decide on a location until after the voters decide on the November 2, 2021 $45.5M bond proposal in which nearly $17M is earmarked for the new elementary school to be built in the “Albion area.” II. Issue Whether a conflict of interest exists when a school board president, who is also legal counsel for an entity in which the school district may enter into a contract or other agreement, and
Page 2
{DocNo. 00252432 } that legal representation is substantially related to the subject nature of potential contract or agreement and, if so, what measures must be taken by the school board president/attorney. III. Law There are two sources of law or authority that are both applicable in the current situation: one being the Revised School Code, MCL 380.1203 and the other being the Michigan Rules of Professional Conduct. The former is applicable to all persons that serve on a board of education while the latter applies to attorneys. An attorney who also serves on a board of education must abide by both. A. Conflict of interest under the Revised School Code, MCL 380.1203. A board of education is driven by statute. Snyder v Charlotte Public School Dist, 421 Mich 517, 528-29; 365 NW2d 151 (1985). Relevant here is a statute pertaining to conflict of interest. A school board member who “believes or has reason to believe” there is a conflict of interest “with regard to a contract or other financial transaction . . . shall abstain from voting . . . and shall disclose the specific conflict of interest.” MCL 380.1203(1). There is a presumed conflict of interest when a member has a “financial interest, or a competing financial interest, in the contract or other financial transaction.” Id. The statute does not tell us what a financial interest is. It does tell us, however, what is deemed to not be a financial interest. There is no financial interest in a contract or other financial transaction between the school district and 1) a corporation in which the school board member owns—or is a beneficiary of a trust owned by the corporation—one percent or less of outstanding stock or less if the corporation is not listed on the stock exchange or, if it is listed on the stock exchange, when the school board members owns $25,000 or less of stock, MCL 380.1203(4)(a)(i), (ii); or 2) a professional limited liability company as long as the school board member is an employee and not a member of the company. MCL 380.1203(4)(a)(iii). Further, the law exempts as being a financial interest, contracts between the school district and 3) a corporation in which the school board member is not an employee, officer, or director; 4) a partnership, firm, or other unincorporated association in which the school board member is not an employee, member, or partner; or 5) a firm or corporation that has an “indebtedness owed” to the school board member. MCL 380.1203(4)(b)(i) – (iii). The exceptions under § 1203(4) explicitly apply to contracts or other financial transactions between the school district and one of the enumerated entities. Mr. Lindsey is not, nor is his firm, a party to a contract with the school district. Therefore, it is my opinion that the exceptions in § 1203(4) are not applicable to this situation. Even if one were to read § 1203(4) as to somehow apply to the situation at hand, Mr. Lindsey would still be presumed to have a conflict of interest based upon the fact that Mr. Lindsey
Page 3
{DocNo. 00252432 } is an employee of a firm. See MCL 380.1203(4)(b)(ii).1 Moreover, just because an exception applies, that does not mean there is no conflict of interest. It only means there is no presumed conflict of interest. Therefore, one could fall within an exception and still have a very real conflict of interest considered in § 1203(1). B. Prohibited representation under the Michigan Rules of Professional Conduct The Michigan Rules of Professional Conduct (MRPC) are rules that apply to lawyers in the State of Michigan. A violation of the rules does not create a cause of action, but such a violation is a basis for disciplinary action against the lawyer. Mardigian v Goldberg (In re Mardigian Estate), 502 Mich 154, 173-74; 917 NW2d 325 (2018). There are two ethical rules that apply. In relevant part, MRPC 1.7 provides that “[a] lawyer shall not represent a client if the representation of that client may be materially limited by the lawyer’s responsibilities to another client or to a third person, or by the lawyer’s own interests.” MRPC 1.7(b). And MRPC 1.11 says that “a lawyer shall not represent a private client in connection with a matter in which the lawyer participated personally and substantially as a public officer or employee.” MRPC 1.11(a). The rule goes on to prohibit a lawyer who also serves as a public officer from “negotiat[ing] for private employment with any person who is involved as a party or as an attorney for a party in a matter in which the lawyer is participating personally and substantially.” MRPC 1.11(c)(2). Additionally, a lawyer who is serving as a public officer cannot participate in a matter where he or she “participated personally and substantially while in private practice.” MRPC 1.11(c)(1). The State Bar of Michigan publishes opinions interpreting the ethical rules governing lawyers. These opinions are nonbinding, but they are authoritative and can be used to provide guidance to lawyers when faced with situations that may run afoul from the rules of professional conduct. In RI-292, the State Bar was asked a similar question to the issue facing the Marshall and Albion communities. In that opinion, the question was asked whether a lawyer who serves as an elected member of the city council may also represent clients charged with violations of city ordinances. RI-292, at 1. Interpreting MRPC 1.7 and 1.11, the opinion held that there is no automatic disqualification from representing the private client, but that the lawyer must apply MRPC 1.7(b) and 1.11 to the unique facts presented when facing a proposed representation. Id. at 3. There will be occasions where representation is permitted while other times it will be prohibited. Id. 1 I recognize the inconsistency between MCL 380.1203(4)(a)(iii) and (4)(b)(ii). This statute is not cited in a single case and turning this opinion into a literary on statutory construction would be superfluous as my ultimate opinion does not rest on either of these sections.
Page 4
{DocNo. 00252432 } In applying MRPC 1.7(b) and 1.11, RI-292 opined that “if the representation would reasonably require the lawyer to advocate a position contrary to positions taken as a member of the city council . . . such representation would most likely be prohibited.” Id. In such a conflict, “there is a duty to forego any portion of the private practice of law which would directly or indirectly conflict with the public duty or give the appearance of impropriety.” CI-594, at 2. IV. Analysis There appears to be conflict of interest when a school district begins negotiations with another entity while the school board president simultaneously serves as the lawyer for the other entity. Mr. Lindsey’s participation in any vote concerning the conflict appears to be a situation that was contemplated by MCL 380.1203 and Mr. Lindsey’s representation of Albion College on any matter before the school district appears to be restricted by MRPC 1.7 and 1.11. A. MCL 380.1203 prohibits Mr. Lindsey from voting on any matter for which he has a conflict of interest or has reason to believe he has a conflict of interest The statue on conflict of interest under the Revised School Code is clearly applicable to Mr. Lindsey. He is a member of the school board who, at the very least, has reason to believe—or should have reason to believe—there is a conflict of interest “with regard to a contract.” Accordingly, he shall not vote on the contract. See MCL 380.1203(1). There is only one option when a school board member has or believes to have a conflict of interest—the member must abstain from voting. There is no discussion on the conflict or motion followed by a vote to determine if there is a conflict. There is also no provision for the school board to waive that conflict. A school board “possess only those powers which statutes expressly, or by reasonably necessary implication, grant to them.” Snyder, 421 Mich at 528-29. Under the statute, there is only one remedy and that is abstention by the conflicted member. The plain and ordinary meaning of the phrase “with regard to” signals that the conflicted person does not need to be a party to the contract. See People v Ackah-Essien, 311 Mich App 13, 24-25; 874 NW2d 172 (2015) (words that are not defined in a statute are given their plain and ordinary meaning). The phrase “with regard do” is not defined in the statue nor is it a term of art that carries legal meaning. See id. Therefore, it is appropriate to consult other reference sources such as a dictionary or thesaurus to determine the plain and ordinary meaning. People v Wood, 276 Mich App 669, 671; 741 NW2d 574 (2007). Merriam-Webster offers a synonym of for the phrase of “with regard to” as “having to do with.” Merriam-Webster, available at https://www.merriam-webster.com/thesaurus/with%20regard%20to. This clearly means the conflicted school board member does not need to be with a party to the contract nor does it mean the conflict must be about a subject matter in the contract. The conflict will exist if it “[has] to do with” the contract. Mr. Lindsey’s representation of Albion College on real estate and contract matters involving the school board is “having to do with” the contract—or potential contract—with the
Page 5
{DocNo. 00252432 } school district. He is paid by Albion College for representation on matters involving contracts and real estate, he is or would be privy to confidential communications, information, and knowledge of Albion College (not to mention the school district too), and he is or would be a participant in the transaction should it occur. Therefore, MCL 380.1203 requires Mr. Lindsey recuse himself from any vote on the matter and disclose his conflict. With due respect to my colleagues at Thrun Law Firm, the opinion does not provide any analysis of MCL 380.1203, nor does it include any rational for its conclusion. It merely repeats Mr. Lindsey’s statement that he will not have a financial benefit. The opinion is completely silent on addressing the first, and most important sentence of the statute. Further, the opinion quotes only a portion of § 1203 which is the presumption of a conflict of interest. The opinion concludes, “based on Mr. Lindsey’s statement” that there is no financial interest, thus § 1203 does not apply. See Thrun Law Firm Opinion, dated October 13, 2021. To be clear, it is my opinion that Mr. Lindsey is not presumed to have a financial interest under the statute—thus no presumed conflict of interest. The reason is not because Mr. Lindsey has no financial interest—because he does for the reasons provided in this opinion (after all, he is being paid by Albion College on matters to do with real estate and contracts). Mr. Lindsey is not presumed to have a financial interest is because under the plain language of the statute, Mr. Lindsey is not a party to the contract nor is he is a partner, owner, member, or employee of Albion College. The statute requires the board member to have one of those statuses for the presumption to apply. Nevertheless, the plain language of MCL 380.1203(1) prohibits Mr. Lindsey from participating in any vote where he has a “conflict of interest with regard to” the contract or potential contract. See MCL 380.1203(1). B. Mr. Lindsey is prohibited from representing Albion College on any matter with Marshall Public Schools Not only does MCL 380.1203 prohibit Mr. Lindsey’s participation in any vote related to Albion College and the school district, the ethical rules for attorneys prohibits Mr. Lindsey, and his firm, from representing Albion College on any matter with the school district so long as Mr. Lindsey is a board member of the school district. It is not very difficult to conceive why such a conflict would exist. The rules “are primarily intended to safeguard client loyalty and confidentiality and to prelude exploitation of public office for private advantage.” RI-043, at 2. Mr. Lindsey has publicly expressed that he will not financially gain from representing Albion College as its attorney and that he will vote on such a matter should be presented to the board. Yet, a conflict is not limited to Mr. Lindsey’s own financial benefit. See RI-126, at 2. Instead, the proper question is whether “there is an ‘inexorable conflict’ between the roles of council member and private counsel protagonist.” Id.
Page 6
{DocNo. 00252432 } Put another way, is Mr. Lindsey truly able to vote and serve his constituents in the district’s best interest without fear that he or his firm will lose a client? How is Mr. Lindsey, acting as a school board member, able to put a term into a contract that is detrimental to his client, Albion College? As an attorney, is Mr. Lindsey legally or ethically free to take action that is against the interest of his client? What would happen to Mr. Lindsey, or his firm, should he vote against a proposal that would benefit Albion College? Is it possible that the college would terminate Mr. Lindsey’s representation? The answer to these questions resolves not only whether there is a conflict, but it also shows how Mr. Lindsey cannot serve two masters. He cannot zealously advocate for his client, Albion College, in a deal with the school district, while at the same time serve the best interest of the school district as a board member. This conclusion is supported by CI-997 where a lawyer was also an elected member of the county board of commissioners. There, the State Bar held that “[a]s long as the lawyer commissioner’s county is not directly interested in the client’s matter or not in potential conflict with interests of the lawyer’s clients, the representation is not prohibited.” CI-997, at 2. In the current situation, the school district is “directly interested in” Mr. Lindsey’s client’s matter and representation of Albion College by Mr. Lindsey is prohibited. The legal opinion obtained by Mr. Lindsey is devoid of any discussion on whether Mr. Lindsey is in violation of the ethical rules by his representation of Albion College in a matter before the school district in which he is the school board president. The ethical rules require Mr. Lindsey to withdraw from representation. See CI-997, at 2. A lawyer who is prohibited from representing a client, as in here, so too is the firm the lawyer works. See MRPC 1.10(a); see also RI-292, at 1(“[l]awyers from the firm of a lawyer who is a member of city council may not represent clients before the city council”). It is not enough to now screen-off Mr. Lindsey to allow other members of his firm to represent Albion College. See RI-43, at 3. V. Conclusion It is my opinion that Mr. Lindsey is prohibited from participating in any vote due to a conflict of interest under MCL 380.1203(1). Further, it is my opinion that Mr. Lindsey’s representation of Albion College on a matter involving the Marshall Public Schools is in violation of the Michigan Rules of Professional Conduct. As stated in this opinion, Mr. Lindsey represents Albion College on matters relating to contracts and real estate. A possible business transaction between Albion College and MPS has been discussed where a piece of land will be “donated” to MPS in exchange for an elementary school to be built on the donated land. Mr. Lindsey is not only an MPS board member, he is the president of the board. Even if the land is donated to the school district, based upon the facts presented, the donation is not without strings. The donation is made with the expectation that the school district will build an elementary school. There has been a concern raised about Mr. Lindsey’s ability to represent the college as its attorney as well as the school district as an
Page 7
{DocNo. 00252432 } official. No matter what measures are in place or that could be put into place, Mr. Lindsey would nevertheless still be subjected to a choice between which master he wants to serve more—and no matter what, it will be to the detriment of the other. An attorney must put the integrity of the system and the process before his or her own personal gain or benefit. As a school board member, sometimes that requires bringing to light an apparent conflict and abstaining from voting on that issue. Sometimes it requires an attorney to decline representing a client on a particular matter. If, during representation the conflict comes to light, it requires a lawyer to withdraw from representation. CI-997, at 2 (quoting CI-347).
Respectfully Submitted, Benjamin J. Hall Hewson & Van Hellemont, PC 248-968-5200 bhall@vanhewpc.com
Albion College Staff and students have basically been told you are on your own because the Board of Trustees will apparently not listen to them.
Let me explain:
Earlier this year in my interview with Mathew Johnson the President of Albion College we discussed an email he sent to staff back in April. In the email in which he was complimenting staff on their work was a highly offensive You Tube video link that depicted violence against women and sexism. The email was offensive enough that staff members reached out to this writer. The video in question is not worth linking in this story as I found it offensive and folks who know me can tell you that is hard to do, offend me that is.
Johnson was made aware that the email he forwarded was considered offensive and he quickly responded. He would offer an apology to all the staff via the original email and he sent out an email to the Board of Trustees he said, explaining the email.
Below is a copy of his apology edited so none of the email addresses are shown. He claims that “in the way that I shared the email it inadvertently captured all three links” of videos that were attached. Well those who are internet savvy know that the video link could not be accidentally captured as someone had to copy the video link and add it. His “I did not mean to send it to you” comment begs the question who did he mean to send the offensive video to.
I asked him about how he was treated regarding this and had it been one of his employees would they be able to “own the impact” and apologize to keep their job? He responded saying “I suspect they would keep their job as we are a learning organization and we must be willing to show grace when someone makes a mistake”. I asked what could an employee do if they had a real issue with his email or him?
He stated “we have avenues to facilitate the employee who wishes to bring concerns about me”. He said they can go to Human Resources, the Office of Belonging as those departments are “insulated from me”. He also stated if the staff or students were still unwilling to follow those avenues they can reach out to members of the Board of Trustees. Of course this takes us back to the headline, staff and students are on an island.
Richard Lindsey is a local attorney who is doing work in helping Albion College procure property. Much of this highly publicized work is concentrating around the Washington Gardner school. Lindsey along with Johnson and other close associates of Johnson were working overtime on social media attempting to sway people to their way of thinking. There was much backlash from what they were doing and City Watch has learned that Johnson and Lindsey were told to “stay off Facebook regarding the school bond issue and the college”.
Before this blackout from them, Lindsey was crowing about how much support Johnson had. Crowing to the point that he posted this copy of an email on his personal Facebook page. Please note the date and time of the post:
Thank you Mike Harrington for giving me permission to quote you. Something needs to change, the Trustees need to remember that Albion College is one of the best colleges because of the staff and great students not because of Mathew Johnson and the Trustees.
As a rule City Watch will not post letters to the editor or submissions where the author is anonymous. We feel the reader deserves to know who is writing a submission. There are times such as these that some anonymity is required and this document falls into this category.
Below is a submission written by a few individuals whose identity needs to be protected. The authors are local citizens and College staff who could lose their jobs should they be linked to this. City Watch NEWS has had no hand in this document and received it just two hours ago. We do know the authors and we will protect their identity.
City Watch has reported at length on some of the items listed below and understands the plight of staff and students of what is occurring at the College. Please take a moment and read the following:
Save Albion Manifesto: Keeping Our Albion Fair
14 Points Issued October 20, 2021 Albion, Michigan
FIRST: We are hundreds of people crying out for help and demanding better Albion College leadership.
SECOND: This is not a personal vendetta or smear campaign against Mathew Johnson. This is the hundreds of us united in protecting Albion College from: • further loss of reputation • further draining of talent that has seen 70+ College employees depart due to toxic work environment created by Mathew Johnson • continuation of the unsustainable admissions discount rate • continuation of unsustainable endowment spending • decreases in enrollment due to public fights, public humiliations and instability in Admissions • further decreases in donations due to sinking reputation and donor confrontations with Mathew Johnson and his Chief of Staff • pilfering of College budgets for pet projects • online public humiliations in news media and other platforms • erosion of goodwill toward the College in the Albion community built up over the past three decades
THIRD: We are not resistant nor opposed to change, nor are we revolting against it. We fully support the goal of dismantling systemic racism and fostering a better, more inclusive, more diverse Albion. We fully support measures enacted under Mauri Ditzler and Mathew Johnson aimed at accomplishing this.
FOURTH: We oppose the polarization, animosity, hatred, toxic culture, and confrontational actions and character emanating from Mathew Johnson each day he is president of Albion College.
FIFTH: We are not racists. We condemn racist actions and ideology, including those of Mathew Johnson, and we will always do so.
SIXTH: We condemn these and many other actions: Mathew Johnson purposefully driving a wedge between previously united communities of Albion to achieve his desired ends; the description of the Build Albion Fellows (local, mostly BIPOC students on full scholarships) as “freeloaders”; the buying of the votes and influence of elected officials; the weaponization of race in this diverse and integrated community; the villainization of our friends and neighbors; the fear and toxic work environment Mathew Johnson has created on campus; the use of nontrackable modes of communications among Mathew Johnson and his allies; the lies and mistruths he spreads on a daily basis; his bullying and coercion of staff, faculty, students, government officials and others; the labelling of donors and alumni as racist, affluent, white and privileged (often without having met or seen them, heard about their lives, or learned whether they are BIPOC) by Mathew Johnson and his Chief of Staff in conversations with them; the characterization of white Albion residents and his opponents as racists; the widespread erosion of public trust in our school bond campaign, the placement of a new Albion elementary school, the Board of Education, the Albion City Council, and other entities and initiatives directly tied to the overreach of Mathew Johnson; and too many other ethical crimes to note.
SEVENTH: We are many, we are diverse, we are everywhere, and we are growing. We are students, faculty, staff, residents, alumni and donors of Albion College. We are businesspeople, civic and nonprofit leaders, family members, and everyday citizens. We are social justice warriors and anti-racism agitators. We are independent free-thinkers and front-line protestors. We are Republican Party donors and Democratic Party stalwarts. We are Black, white, Hispanic, Native American, Asian, immigrants, LBGTQ+, and all ages, religions, and abilities.
EIGHTH: But we are more than society’s labels. ALL OF US are dedicated to the fight for racial and social justice and an inclusive, diverse, and equal Albion and Albion College. NINTH: We are not a “small group.” Our numbers have grown to the hundreds, and each of us is contributing to the battle to save Albion College and the Albion community from the polarizing actions, ethical crimes and self-serving character of Mathew Johnson.
TENTH: We are not silent. We have been telling our stories, speaking our truths with friends and strangers, taking notes, sharing satirical memes, and documenting the ethical wrongs, cruelty, toxicity, and overreach of Mathew Johnson and his hired hitpeople ever since it became clear he was here only for the benefit of Mathew Johnson. Again, this is not a smear campaign nor vendetta against one man. We are using time-honored techniques to convey truths about a troubling situation and an unscrupulous man who is doing far worse in his efforts to smear and malign members of the campus and Albion communities.
ELEVENTH: Due to actual written and spoken threats of retaliation from Mathew Johnson, many of us fear for ourselves, our families and our livelihoods if we come forward. Mathew Johnson has threatened to ruin the lives of some of us, to contact our current and future workplaces—and worse—and the evidence of this has been passed to people who should be concerned and can make a difference.
TWELFTH: We love Albion College and the Albion community. Many of us were born here, have raised our families here, and probably will die here. Many of us are Albionians who have adopted the town and campus as our own. We work, sleep and live on campus and in town every day. Many of us return to Albion for homecomings, reunions, special events, sports, to visit friends and breathe in this beautiful space on the Kalamazoo River.
THIRTEENTH: We have nothing to gain but saving the soul of our College and town. We will not give up this fight until Mathew Johnson is removed. We will continue to strive—for racial and social justice in Albion and on campus, for a better Albion, and for the common good—as we did long before Mathew Johnson arrived and as we will long after he is gone.
FOURTEENTH: We will never give up, and we will prevail.
On October 6 Albion College released a document (seen below in its entirety) that was titled FAQ but is more of a position paper with some items in it that are less than true. I will attempt to address some of the points in this FAQ, the document is long and goes from topic to topic. It starts with where the college stands on the school bond proposal and actually ends with the author explaining why Mathew Johnson doesn’t drink alcohol.
There are several claims in the FAQ that cause concern. One of the biggest is the colleges use of “YMCA” in this document. The FAQ says “greater access to the possible YMCA location in Washington Gardner”. This use of the YMCA name goes directly against requests that College President Mathew Johnson stop using their name from the YMCA Board.
The FAQ discusses surveys done by the school system. They take time to explain in television ad style how the last pollster company is so experienced yet this is what’s claimed, “Ultimately, the survey did not yield accurate and usable data”. Hmmmmmm the data showed that the new elementary school should be built beside the Opportunity High School on Watson Street and that people in general support the Bond proposal.
Other claims which are interesting is one of conflict of interest. OK let’s cut through the smoke and take a look at this.
Albion College has had several employees over the decades serve on the City Council, Andy French being the most recent. These people voted on things that involved the college and at times did not vote, this has never been an issue. Honestly I have no problem that the Mayor’s husband is Director of Campus Safety because that gives her an interesting view of the college/city relationship. So that is not a conflict, it’s legal and is ethical.
The issue that came up earlier this year was with sitting members of Albion City Council, who are not college employees, one of which, former council member Vicky Clark received a no bid contract with the college that gave the appearance of special privilege. The college can state “it’s legal” all day long, which it is, but it’s still a conflict and unethical in my opinion despite what they are telling the public.
Now let’s move on to Richard Lindsey, an attorney for the firm Abbott, Thomson, Mauldin, Parker, Beer and Rick out of Jackson MI. Lindsey is an alumnus of Albion College and is the President of the Marshall Public School board. His law firm, with him acting as lead, is doing work for the college in acquiring property that would be used for the elementary school. Now that would not be an issue nor a conflict of interest at all, he is a contracted employee and it’s legal. This is where the conflict comes:
The college states it wants the new elementary school built beside its campus, preferably near Washington Gardner, it says this in this FAQ below. The conflict with Lindsey is he’s the President of the School Board and is earning money helping the college buy land for the school near Gardner. He then will be voting on where the school will be located if the bond proposal passes. This is from the FAQ below:
“None of the individuals currently being accused of having a conflict of interest can receive any personal benefit as a result of their vote on any proposed issue before either body”
Hard to prove if being given a no bid contract is buying a vote, hard to prove if you are directly benefiting via your contract as a lawyer is buying a vote. There are those with far more knowledge in law looking into that.
The only thing missing from this FAQ are the words “Proposed Response”. Don’t worry those words will be discussed soon by City Watch.
FAQ October 6, 2021 Questions about the Proposed School Bond Questions about Participation of the College in Community Issues Questions about President Johnson and Dr. O’Neill
Questions about the Proposed School Bond What is the proposed bond for the Marshall Public Schools (MPS) district? The Marshall Public Schools 2021 bond is a proposed $45,580,000 bond that will finance district-wide equipment and infrastructure improvements at Marshall Middle School, Gordon Elementary School and the Opportunity High School, athletic facility improvements at Marshall High School and a new elementary school in Albion. All residents who are registered to vote in Albion and Marshall, including faculty, staff and students will have the opportunity to vote on the bond, which will be included on the November 2 ballot. You can learn more about the proposed bond on the 2021 MPS bond website. Does the College support the bond proposal for the Marshall Public Schools district? The College strongly supports the bond proposal for the Marshall Public Schools district. As an institution of higher education, we believe that investing in the education of youth in our local communities of Marshall and Albion is essential. We are eager to continue exploring partnership possibilities with Kellogg Community College, Marshall Public Schools, Jackson Community College, and other educational providers in the region to contribute to workforce development and an expanded set of educational opportunities at the Opportunity High School. We are also eager to explore new ways to partner with Marshall High School. We enjoy and hope to expand the Partnership for Albion Community Teachers (PACT) through which the College has invested over $150,000 to help support the training of Albion College BIPOC students who want to be teachers in the Marshall Public Schools district. To date, six students have participated in the program and another student is completing the program this year. Why is the construction of a new elementary school in Albion important? The College strongly supports the construction of a new elementary school located in the City of Albion as part of the bond. Several planned economic development initiatives will create the opportunity for new families to move to Albion over the next few years including >9000 acres of solar development, more than $18m of downtown development, planned enrollment growth at the College, and other planned economic development activity. A new elementary school will be critical to assuring that the majority of the new families associated with this economic growth settle in Albion. We believe strongly that Albion cannot rebuild its population base without a new elementary school to support children and families in this community. Many current families in Albion are sending their elementary students out of the district because of the conditions of the current elementary school in Albion. Children and teachers in Albion do not have the same quality facility, educational opportunities, or resources as those in Marshall. We believe strongly that the commitments made by the Marshall Public School District during the annexation cannot be kept without investment in a new elementary school in Albion as part of this bond. The elementary school is also necessary for the College to remain healthy and grow, providing more jobs and more economic activity to the City and the region. As the College has diversified our student body, we have come to understand the best practices for retention and academic success of our new student population. One key element is the diversification of our faculty and staff which will necessitate the recruitment of new families into Albion. As the College recruits and hires new staff and faculty, many from diverse backgrounds and locations across the country, one of the persistent questions that present itself is “What are the schools like for my elementary-aged children?” Questions about the inclusivity of the broader community, about the resources available to families and children, and about the College’s role in building more equity in the community often come up. Additionally, college students who engage deeply in long-term community engagement, committing to a community agency like a school as part of their College experience, enjoy greater levels of academic success. This generation of college students, like the new staff and faculty are also asking questions about the College’s role in building more inclusivity and equity with and in the greater community. The more successful Albion College students are, the greater the financial and reputational health of the College, and the greater the positive economic impact the College can have in the City. The success of both the City and the College relies on this mutual interdependence. What services will the College provide to a new elementary school if one is built? We have not produced a list of services and benefits we believe would likely flow from the College to the elementary school as some have asked for us to do. This is because we have been listening carefully to the needs and hopes of the community about what the College’s role might be. From our perspective, the development of these services needs to be done in partnership with the school district and the broader community as partners where we can learn about needs and aspirations and develop a shared vision for our partnership. Nevertheless, as a result of the many community conversations we have been a part of, we are convinced that there are urgent opportunities for a wide variety of paraprofessional roles
currently not possible with the limited financial resources of the district that college students could fill with appropriate training and oversight including but not limited to classroom aides, mentors and tutors, parent engagement coordinators, and after school program facilitators. We are also convinced that there are many opportunities to collaborate on program enhancements utilizing College faculty expertise and College facilities like the greenhouse, the Whitehouse Nature Center, the science complex, the various arts facilities and the library just to name a few. We know that the closer the school is to the College the better the educational outcomes are likely to be for the elementary students. This is supported by research that shows that the involvement of well-trained college students in elementary schools in paraprofessional roles positively impacts the educational outcomes of students in the school. The closer a school is to the central campus of a College, the more frequently and more deeply students will engage. A site that is not adjacent to the College will significantly limit student engagement. For these reasons we strongly support the bond and the sighting of the school adjacent to the College. However, we are committed to doing everything we can to support a new elementary school wherever it is located. Where will the new elementary school be located? Who will decide this? Currently, multiple locations are under consideration for the new elementary school in Albion. One of the proposed sites is adjacent to Washington Gardner on land currently owned by the College. We have discussed other possible sites on land currently owned by the College that is also adjacent to the campus. If any of these sites are selected, the College will donate the land to MPS. MPS will be the sole owner of the land and the new school building and will follow all required processes in the design and build of the school independent of the College. The resulting school will be a Marshall Public School and will be under the sole control of the school district. The College will only play a partnership role, responding to needs identified by the community as it is able. While there are multiple options for a new elementary school on land currently owned by the College and adjacent to campus, we believe that the adjacency to Washington Gardner has some unique benefits including greater access to healthcare at Munger Place, greater access to the possible YMCA location in Washington Gardner, proximity to downtown and placement within the center of the heatmap of school-aged children currently living in Albion. Is the site adjacent to Washington Gardner environmentally safe? The site is located at the corner of East Michigan Ave. and Berrien Street and covers the current and former locations of the State Farm office, Anna’s Flowers, and college property behind Munger Place. The College is not aware of any reason to suspect that this site is not environmentally safe. None of this space is part of the former industrial sites further north on Berrien Street. The College has done environmental testing of the current Washington Gardner site, across the street from the proposed school site, and determined that site has no safety concerns. MPS will need to complete the required environmental testing of any site considered. How has Marshall Public Schools collected data on the school bond? Between April and May of 2021, MPS administered an online survey to gather initial data to inform decisions around the bond. Unfortunately, the survey was not designed and distributed in a way that supported the collection of clear, objective data. Specifically, the survey did not restrict the number of responses per individual and did not track their residency. As a result, there were multiple documented incidents of individuals answering multiple times and significantly skewing the data. President Johnson recommended that Interim Superintendent Becky Jones consult a professional survey organization to get accurate and usable data and referred her to the Siena College Research Institute (SCRI), one of the most respected research centers in the country. SCRI provides polling services for the New York Times, CNN, MSNBC, and a variety of other major media outlets as well as state agencies, community organizations, and corporations. SCRI, in consultation with the Superintendent and other MPS staff, developed the survey. No member of the College was involved in the development or deployment of the survey. When asked if the College would pay for the survey, the administration agreed to do so as a means to support the collection of more accurate and usable data. Ultimately, the survey did not yield accurate and usable data. You can read more and view the results of both surveys on the 2021 MPS bond website. Questions about Participation of the College in Community Issues How does the College safeguard against conflicts of interest? The College takes seriously its responsibility to maintain active and collaborative relationships in the local community while maintaining the highest ethical standards. At a recent meeting of the Albion City Council, Mayor Snyder pointed out that in a small town like Albion, it is important to understand the precise definition of conflict of interest because it is likely many would have perceived conflicts. These perceived conflicts, she suggested, are not grounds for limiting the service of elected officials or there would be few who could serve. Conflicts of interest are precisely defined in the Code of Ethics of the City Council. However, some individuals in the community are trying to limit the ability of elected officials (City Councilors and MPS School Board Members) to vote on public issues the College has expressed an opinion on by alleging that any relationship they have with the College creates a conflict of interest. The College does have relationships with many elected officials. These include employment relationships, charitable relationships, and contractual relationships. This has always been the case, as is natural in a small town. None of the individuals currently being accused of having a conflict of interest can receive any personal benefit as a result of their vote on any proposed
issue before either body. Therefore, we strongly believe that none of those relationships creates a conflict of interest in any currently proposed vote at the City Council or MPS Board. Why has the College been investing in property in Albion? The College has been purchasing a variety of properties in different parts of the City. Most of the property has been offered for sale before we purchase it. In some cases, we have utilized an attorney to approach property owners to gauge interest in selling. Where property we have acquired has been occupied by tenants, we have offered to work with tenants to either remain in their current rented space or to help facilitate moving to a new location. The College uses a variety of realty agencies and follows ethical standards when acquiring property. These purchases have been made and are being considered for the following reasons: ● The College needs to increase available housing and create surplus housing for students as we renovate existing properties. ● The College is trying to assist new employees with finding affordable, high-quality housing in the community to support their engagement in the life of the residential college. This has been a significant challenge recently, and we are doing everything in our power to help facilitate access to housing. ● The College may build new academic buildings as part of our future growth. ● The College is interested in creating more appropriate parking options for our students and in building affordable housing in the community. Questions about the College Comprehensive Campus Plan Has the College shared the Comprehensive Campus Plan with members of the community and incorporated community input? Yes, the College has shared several drafts of the Comprehensive Campus Plan plan with members of the community for input. Specifically, the plan has been shared with the City Council and City Administration, the Economic Development Corporation, and other stakeholders in the community. Input from those meetings has been considered as the plan was developed. This fall, we will be publicly sharing the full Comprehensive Campus Plan as part of a web presence that will feature regular updates. What is the plan for student housing as part of the Comprehensive Campus Plan? The College’s Comprehensive Campus Plan includes ideas about the potential renovation and expansion of student housing. We are aware that our housing must be improved to be reflective of what students and families expect in the current market. We are evaluating options for a variety of scenarios to create the required housing needed including adding new buildings, renovating some of the houses we have acquired for student housing, and renovating the buildings that currently house the fraternities. Our primary initial goal is to create enough surplus housing to hold some or all of Wesley Hall open for renovation. We will begin
renovations of currently empty floors of the buildings that house fraternities this fall. We will continue to update the community as the scenario planning progresses. Is there enough space on the site of Washington Gardner for a new athletic arena? Over a year of planning by our architectural and design firms have confirmed that there is more than enough space to accommodate an athletic arena that would be large enough to be competitive with the arenas in the MIAA in our new facility. We are currently working to finalize the design options within the approved budget and hope to be ready to share a more complete picture of what the Body and Soul Center will look like in the coming months. What is the timeline for the Washington Gardner as the Body and Soul Center project? While we have a project timeline that lays the sequence of work out over a 36-48 month period for the entire redevelopment of Washington Gardner, that timeline does not account for the potential delays we may face throughout the project. For example, we are currently managing a delay in the delivery of concrete vaults to complete the extension of steam from the central steam plant to the construction site. Until supply chains become more predictable, it is more accurate to share the stages as a set of sequential steps rather than a timeline. ● Stage 1 will be the completion of utilities and infrastructure upgrades necessary to begin the project as well as site work to prepare the ground and the exterior of the current structure for the project. ● Stage 2 will be the construction of the addition on the back of the existing structure and some limited modification of the current building. ● Stage 3 will include the modifications of the current building. We hope to complete Stage 1 by early Spring 2022 and complete Stage 2 by Spring 2023. Questions about President Johnson and Dr. O’Neill How long will President Johnson and Dr. O’Neill be a part of the Albion Community? At the time of his hire, President Johnson discussed the value of long-term executive leadership for the stability of the College and the community, and multi-year transformational challenges faced by the college with the Board of Trustees. President Johnson and Dr. O’Neill made a commitment to build a life here and have every intention of serving the College for as long as the Board of Trustees believes their contributions are effective. President Johnson is currently entering the second year of a five-year contract that can be renewed or extended by the Board of Trustees. The Board of Trustees is in strong support of President Johnson’s vision and leadership of the college. Michael Harrington, Chair of the Board of Trustees, has expressed the unwavering support of the Board of trustees in letters to Alumni and in his Inauguration Comments.
Why do President Johnson and Dr. O’Neill abstain from drinking alcohol? President Johnson and Dr. O’Neill have chosen to be in solidarity with members of the community who chose not to consume alcohol and recreational drugs. People who chose to be substance-free are often overlooked and excluded from opportunities because they do not participate in substance use. Nationally 20% of college students chose not to use and many struggle to find a place where they feel that they belong while at college. Many other staff and faculty at Albion College have chosen to be substance-free. People choose to be substance-free for a wide variety of reasons which may include trauma from experiences with addiction in their family, religious reasons, medical reasons, and their own personal recovery status. President Johnson and Dr. O’Neill have worked to create the first truly substance-free intentional community for student housing now located on Burr Oak. This community provides a safe place for students wishing to live in a fully substance-free place while attending Albion College. Consumption of alcohol in the presence of President Johnson and Dr. O’Neill during social functions at which alcohol is provided does not bother them. Their choice is a personal choice and they respect the personal choices of others who follow the law and the College policies with regard to alcohol. It is important to them that all feel comfortable in their presence and that is why they will often work with catering to make alcohol available for those who prefer it at the social events they host.
On August 13 of this year this writer sat down with Albion College President Mathew Johnson for an interview where many subjects were covered. City Watch wrote a story back on September 12 that attempted to address potential situations between Johnson and City of Albion Council members.
One of the things that was discussed was the college offering a no bid contract to then City Council member Vicky Clark for janitorial services. You can read the story here:
Clark has since resigned her seat on the Council as she has moved.
City Watch then addressed Council member Linda LaNoue regarding her position at the college. It was when I asked about Council member Nora Jackson that raised flags for this writer. President Johnson was asked if Jackson was able to use Washington Gardner for free for her non-profit Difference Makers? Johnsons reply was quick as he said “you have to ask the YMCA because she works with them for space”.
Immediately after the last answer from Johnson, he went into dialog about Albion City Council member Lenn Reid. This quick change of subject struck this writer as odd. Again read the story link above for clarification. City Watch has been working for several weeks since the interview to find out what exactly the relationship, if any, between Johnson, Jackson and the YMCA may be.
This weekend City Watch was allowed to view emails exchanged between Jackson and the YMCA. In the email that was sent to the Y from Nora Jackson on September 29, and copied on the email is Mathew Johnson for some unknown reason, a long request by Jackson about using Washington Gardner again for her group Difference Makers. Specifically the email said “We Difference Makers would like to know if we could continue our program in the space we used during the summer months?” The implication being that as Johnson said in his interview that the YMCA had control over the usage of Washington Gardner space that Jackson and her group used.
Now why Jackson attached President Johnson to the email between her and the YMCA if the College and he had nothing to do with the deal is interesting. That is another question for another day.
The reply to Jackson and Johnson, from the YMCA was one that showed the YMCA had no control over who used Washington Gardner. The quote “The Y does not own the space at Washington Gardner and we have no authority to approve or deny a request for its use. The use of that space is a decision made between you and the College”. Clearly the YMCA has no authority or control of Washington Gardner. What this email appears to be doing by Jackson is to establish a history which does not exist.
Why is this a concern? Johnson knew when he denied to this writer that Albion College allowed Jackson to use the facility for free, which is another example of a City Council member getting a deal from the college. As in the article link above I asked does this pass the smell test? Johnson tried to talk away the Clark deal, but now lumped together with this deal for Jackson there are serious and potentially legal questions that need to be addressed.
When benefits are being given to elected members of Albion City Council we all should step up and ask questions.
As Richard Lindsey who is an attorney with the firm Abbott, Thomson, Mauldin, Parker, Beer and Rick out of Jackson MI worked his social media campaign supporting Albion College and its President Mathew Johnson there was one thing he was failing to do and that was disclose his relationship to Albion College. I am not talking about his being an alumnus of Albion College as that is one thing he has long been proud of, as he should be.
I am talking about his law firm representing Albion College in matters of purchasing property around the campus and around Washington Gardner. I am talking about Lindsey as being the attorney personally doing the leg work so to speak for the firm trying to buy property.
Lindsey has made a point to prove what is “fact or fiction”, even to the point of invoking my name in one of his rants. All the while he was being super champion of Johnson and the college he did not publically disclose the financial relationship between himself, his firm and the college. That disclosure only came after he must have heard that I was looking into his connections with the college. I mean literally hours after I was asking questions about this connection with an individual who is selling their property.
So Lindsey got on social media, specifically Facebook and spoke of many things that are legal, fact or fiction and giving examples of legal precedent to back up his legal claims, and oh yeah he mentioned without much fanfare that he was gaining financially representing the college.
Now that last point has gone quietly to the side and it should be front and center. Let me state this it appears it is legal for Lindsey to do this and I certainly don’t begrudge a man making a living. The issues are much larger and let’s state them.
Richard Lindsey is the President of the Marshall Public School Board of Education. Richard Lindsey is an alumnus of Albion College. Richard Lindsey is a big supporter of Albion College President Mathew Johnson. Richard Lindsey is an attorney with Abbott, Thomson, Mauldin, Parker, Beer and Rick out of Jackson MI, the firm making money off the college acquiring property for the college. Richard Lindsey supports the Bond issue that will be on the November Ballot, we know this because he voted to put it before the voters.
Read the previous paragraph again. Is this ethical? That’s a good question. It appears that it is legal for Lindsey to represent the college but ethical? Ethics are more than rules set up but professional organizations and Boards. Ethics are in your own heart. Ethics add to your moral compass that we all should have, most certainly someone who has been entrusted with leading our school district. Is Lindsey being ethical? You decide.
Complete disclosure: I have known Richard Lindsey for around 6 years. I met him during the yes campaign for annexation and he was a fountain of information for me then. We have continued to have a friendship since and have enjoyed meeting with each other socially as well. Richard represented me as my attorney during the City of Albion’s investigation that included the Cities attempt to get information from me about my sources. Of course the city got nothing but still Richard sat with me and guided me legally during my interview. I do not have an axe to grind regarding Richard but I will not sit still and have him imply that I have been dishonest and incomplete in my reporting. That is not going to happen. I walk the streets knowing I have been ethical in this entire situation regarding Albion College and Mathew Johnson. The fact is folks I considered Richard Lindsey a friend. Apparently that friendship was one sided. Lesson learned.
As the phone calls in the Albion area continued from Siena College many asked why a school in New York would care about doing a Poll regarding a local bond issue. For those who don’t know Marshall Public Schools has a bond issue on the ballot and a group from Siena College, at least that is what caller I.D. says who is calling, has been conducting a phone survey in the community. Many people have received different levels of information from the callers about who they are and in some cases had the caller hang up and those who completed the survey.
Photo by John Face 2021
Victoria Garcia-Snyder the City of Albion’s Mayor, had a post on her Facebook page that caught the attention of this writer and I am sharing this with her permission:
“Things that make you go ‘Hmmmm’ – Got a message on my City Hall Line from Megan Crawford from Siena College. She stated that she heard that I had issues with my call last night and wanted to talk about the conversation.
How did you know that I had an issue?
How did you get either of my numbers?
How did you know that the Mayor of Albion received a call that ended abruptly with one of your callers?
Creepy and Bizarre!”
Snyder is entitled to be concerned by a call such as this. I have not been able to contact Ms. Crawford yet as I would like to know who the client is for this poll. The call that Ms. Crawford alludes to is a reference to this Facebook post from the Mayor:
“Ok, so I decided to finally pick up the call from Siena College. When I asked why it was important to confirm if my # was a personal cell # or not, she stated that she couldn’t ask me further questions…….WTF??”
City Watch NEWS became aware early on of a connection between Albion College and Siena College. Mathew Johnson the President at Albion is an alumnus of Siena and even had Dr. Donald Levy as a speaker at Johnson’s inauguration on September 18 in Albion. Levy is employed with Siena and apparently has a long professional history and friendship with Johnson.
The Phone Pollsters, Albion Style
In the fall of 2020 Albion College struggled to have classes on campus much the same as Colleges and Universities around the world but still pulled it off. The student body struggled as well due to the fact that many students who depended on earning extra money were not able to because of the pandemic restrictions.
Dr. Johnson came up with an idea and contacted his alma mater and reached out to Levy who is the Director of the Siena College Research Institute in New York. They head studies and polling in partnership with the New York Times and other media outlets.
Albion College purchased 50 lap tops that were then loaded with Siena programs that ran their polling software, it is unknown by this writer if Albion had to pay for the software. Then students were recruited to do telephone polling for the New York Times who was the client of Siena and Siena sub-contracted with Albion College and paid the college and students for their services. The students benefitted from this agreement, which is good, but this does show a direct link between Siena polling and Albion College.
Now what is unknown by this writer is what happened to the laptops once the polling contract was completed. They may have been given to students to use for remote learning according to one source or they remain on campus waiting to be used again according to another source.
One of my sources expressed concern when they heard about the mystery calls occurring in Albion and said that they were afraid the poll was being conducted locally to “test the loyalty of staff by President Johnson”. It should be noted that there is no proof of that as almost all recipients of the calls have no real connection to Albion College.
As Dr. Mathew Johnson’s supporters spread out over social media and the community it’s worth me taking time to address that as best I can. One person I spoke with in all my interviews said “Johnson is good at insulating himself by having others do the dirty work even if it makes those supporters look like fools”. Now that is hard to prove but it has become clear that Johnson supporters are in full frontal attack.
I released a story that dealt with the connections of Albion City Council members and Johnson. I started with the no bid contract that Vicky Clark received from Albion College for cleaning services at four buildings on campus. Clark at the time was the Precinct 1 Council member and has resigned her seat since the release of the story as she has moved out of the precinct. In this story never did this writer state it was illegal for her to receive the contract, but the question is does this contract appear appropriate.
The fact is Johnson knew Clark was going to receive the contract prior to it being signed. The issue that needs to be answered without smoke and mirrors is wouldn’t it have been better to put the contract up for bid for all minority cleaning services before giving a no bid contract to a sitting member of council? If this had gone through that process, whether the way it was ultimately done is legal or not, suspicions would have been easily dismissed.
Despite what you are being told, it is a no bid contract that Clark received because the contract was given to her and no one else had a chance at it. Poor legal arguments describing it as anything else is just smoke and mirrors.
As far as the other members of council allow me to address Lenn Reid. I am not really sure why Ms. Reid would be upset with the writer. If she or anyone else actually read the article they would have seen that this writer never questioned her actions regarding the Holland Park project and did not bring her up to Johnson. No that would be Dr. Johnson who demanded that she be added to my list of questionable relationships between the college and Council members “because people in the community are saying that was done for influence”, he said. This writer has defended Ms. Reid and the project as far as what was done by the college regarding Holland Park.
There are real questions that need to be answered by Johnson and not by his defenders that are beholding to him financially.
Such as where does the college expect to find money for his Washington Gardner project? Is what City Watch NEWS heard that Johnson has told different leaders in the community if the Marshall Public School Bond fails his plan is to build and open a Charter School at the location he wants a Marshall Elementary School built true? It is public knowledge that Johnson wants an Elementary school built there.
Why couldn’t he or his attorney that handled the WG Construction application to the state actually use the College address instead of his address? Psst took me less than 30 seconds to look it up, 611 East Porter Street. Is it a good idea for him to hire the Law firm that the Marshall School board President works for? Is it a good idea for him to have that school board president go to residents asking to purchase homes for cash for an anonymous buyer that turns out to be the College is the buyer?
These are a few of many questions that Johnson needs to answer, not his defenders. The public has grown tired, with proof of many text messages and phone calls I have received, of Johnson supporter’s lip service while he hides and doesn’t answer any more tough questions in public. So when the Johnson defenders, especially those who are making money off the college, try to answer these questions I would ask you politely ask them to shush, and tell them to tell Johnson it’s his turn to talk to this writer.
City Watch Blog 
You must be logged in to post a comment.