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 Minutes Archive |
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Board of
Commissioners Minutes
CALHOUN COUNTY
PROCEEDINGS OF THE
BOARD OF COMMISSIONERS
March 3, 2009
The Special Session of the Calhoun County Board of Commissioners
convened at 5:00 p.m., Tuesday, March 3, 2009 in Administrative
Conference Room 3-700, Calhoun County Building, 315 West Green Street,
Marshall, Michigan.
Roll Call: Present: Comrs. Camp, Gerow, Haadsma, Lee, Rae, Rocho and
Todd.
County Staff Present: Asst. County Administrator Bradley Wilcox,
County Administrator/Controller Kelli Sproule, Human Resources Manager
Kim Archambault and Deputy Clerk/Board Executive Secretary Mary Lou
Barrett.
SPECIAL ORDER OF BUSINESS:
Corporation Counsel Finalist Interviews
Chairman Rae reviewed the interview procedure. Both finalists were
asked the same questions, as follows:
- Describe your experience with County Government.
- What will be your commitment to this county and how do you plan to
operate on our behalf?
- What avenues of legal research do you most often pursue?
- How does your experience and education best qualify you for the
position of Corporation Counsel?
- Describe your experience/knowledge regarding employment law.
- What experience do you have in reviewing and negotiating the
following contracts?
- Labor
- Professional Services
- Property
- Purchasing
- The County frequently has to deal with the issue of mandated
versus non-mandated services. How would you approach researching this
issue and advising the Board of Commissioners and County
Administration regarding it?
- Based on your knowledge of county government, what changes do you
see in the next five years that will have the greatest legal impact?
- How would you rate your technological skills? Beginning,
Developing, Advanced
- What kinds of hearings are those in which you most frequently
participated in your most recent or present job? In what venue(s)? How
frequently do you typically do such hearings?
- What arguments if any have you undertaken before the Michigan
Court of Appeals?; Michigan Supreme Court?; Federal District Court(s)?;
Sixth District Court of Appeals? How did the court decide the case?
- Describe your knowledge and/or experience working with Co-Employer
entities, such as the relationship that exists between the courts and
the county government?
- Please describe from your experience an example of a challenge you
have faced relating to the Open Meetings Act and Freedom of
Information Act.
- Understanding Calhoun County is home to both a reservation and
tribal owned casino, share your perspective on the legal issues
pertaining to Sovereign Nations.
- What is the biggest mistake that you’ve made in your legal career?
What did you learn from that mistake?
- Give an example of your ability to work under pressure and deal
with deadlines in the legal environment.
- What professional and/or community organizations do you belong?
How do those memberships, if any, assist you in your daily practice of
law? What kinds of organizations would you anticipate joining if
offered this job?
- Have you ever been subject to sanctions by any court?; a
respondent to the Attorney Grievance Commission?; a defendant in any
legal malpractice suit? If yes, please explain.
- What if any relationship have you had or do you have with any
member of the present or the 2007-08 Calhoun County Board of
Commissioners?
- Would you say that your strength is in drafting or in the
substantive review of documents? Provide examples of this strength.
- What was the last appellate briefing you did? When? In what venue?
What was the result of the appellate activity? Would you please share
with us either that brief, or another recent writing sample.
- Describe what methods you would use to communicate well with
county employees, the Board of Commissioners, and the community.
- This position often deals with issues that result in compromise
and settlement agreements. When was the last time your successfully
negotiated your stance?
- Please provide us an example of a time that you were challenged
legally and what were the results of your response to the situation?
Responses by Finalist David E. Gilbert:
- I was an Assistant Prosecutor and a Chief Assistant Prosecutor in
Barry County for five years. In my work with Barry County part of my
job was I was assigned to assist the Board of Commissioners if they
had legal questions, and I also assisted primarily the Zoning Board if
they had zoning questions, and the Zoning Board of Appeals.
- Well first of all, I need to know what you are going to want me to
do. The position was for Corporate Counsel for Calhoun County. Now I
am aware that you’ve got a county prosecutor, so I imagine that
Corporate Counsel is dealing with the issues of the county itself, not
the criminal part. As far as dedication to the community, I live in
the community and have been here for about eight years or so and I’ve
got an office in the community, so I know the community fairly well. I
don’t know it completely well. I haven’t been every where, but I’ve
been around enough to know Calhoun County.
- I have a membership to what’s called West Law. It is an on-line
legal research tool; and basically I research everything, almost
everything, on West Law now. I used to have books. I still do have
some books from the group called I.C.L.E.; e.g., Institute for
Continuing Legal Education; and I.C.L.E. books actually break things
down easier so when you are an attorney it “nutshells” things and you
can actually go from the I.C.L.E. book then to the West Law area and
actually look up things you need to know.
- I have been practicing law for twenty years. At least five of
those years I was working for a county. Education-wise, well, I have
been to law school. I don’t mean to sound glib about it. I have been
through law school. I have been a practicing lawyer for twenty years
and have practical experience. I have had cases where I represented
the county. I have had some cases opposing the county.
- I would consider it to be limited. I have only done maybe two or
three cases regarding employment law. Basically, I get phone calls on
unemployment law. I have the books, but I’ve not had the opportunity
to use them too much. I have done, like I said, maybe two or three
cases in twenty years regarding employment law. Most of the work I do
with employment law is advising people on it, and I have not done an
employment law case in some time, other than a wrongful termination
action with the administrative agency.
- I have a lot of experience with property contracts. I average at
least two a year. I have no experience in labor contracts.
Professional services, I do incorporations for people and smaller
companies. I have never done a large company; but I’ve done
incorporations up to five people involved. Purchasing, none.
- Well, as far as mandated and non-mandated issues, I would first of
all be asking the Board exactly what they are looking for from me as
far as what they want researched. As far as... Could you be more
specific on your question?
Comr. Lee responded “No, that’s just how it’s worded.”
Attorney Gilbert responded, “Mandated versus non-mandated. First of
all I would determine what is mandated. I’d check out the statutes. If
the Board had certain rules that require certain things, I don’t know.
Different Boards, different companies. I guess as far as mandated
things, it would come down to the state, you know, first of all making
sure what’s mandated. How do you want the break down? I mean as far as
non-mandated is concerned, basically, that depends on what your budget
is. If you can afford it, then fine; but I don’t exactly know what you
want as far as the question is concerned. First of all I would
research what is mandated; and as far as non-mandated services, I
would first of all try to determine whether or not you can offer those
services.”
- In this county, or any county?
Comr. Rocho responded, “Particularly, this county.”
Attorney Gilbert responded, “The biggest legal impact I expect is
going to be property taxes. Michigan’s property values are going down
and property taxes are still going up. I suspect you, the counties and
the cities, will be hearing a lot from tax payers who are very unhappy
that they can’t get a loan on their home, but their property taxes are
still going up. I really...if anything, that’s what you will be
seeing.”
Comr. Rocho inquired, “And the legal implication of that?”
Attorney Gilbert responded, “They will put the counties and the
cities in a situation where they will have to actually have to send
people out to inspect the homes to come up with the true values, and
it will be almost impossible for a county or a city to do that because
you just don’t have the people.”
- I can type I guess. I would say intermediate. I am not, I would
not consider myself an expert on spread sheets. I have not done a
spread sheet. But other than that, that’s why I say it is mediocre.
- I am in court just about every single day. I do...probably about
forty percent of my practice is in criminal law. I’ve done trials in
District and Circuit Courts. I’ve been in I don’t know how many
counties in the State of Michigan, but I’ve been in Macomb County all
the way to St. Joe County. I’ve been as far north as the Soo. I’ve
been in Grand Rapids. Both coasts. I haven’t been in the “thumb.” A
large part of my practice is mostly divorce and real estate law.
Typically, not going to court on real estate cases; but divorce cases.
I’ve been to divorce trials and I’ve done a few land trials. I’ve been
to administrative agencies for point of law, and Secretary of State
cases, and met with administrative tribunals. I have been in the Court
of Appeals. I have not been in the Michigan Supreme Court; but I’ve
filed cases. I’ve never been called to argue in front of the Michigan
Supreme Court, but I’ve filed cases there. I’ve been in the U.S.
District Courts, and I’m currently in the U.S. Sixth Circuit Court.
- As far as the U.S. Court of Appeals, I have my first case before
them now. U.S. District Courts, they were both criminal cases.
Michigan Supreme Court, I have had a number of criminal cases and a
number of neglect and abuse cases that were filed with the Michigan
Supreme Court. Court of Appeals, I have had a few favorable rulings,
but typically I am going in there representing criminal defendants and
people allegedly abusing their children. I think I’ve won five, six or
seven cases; but not many. I’ve won more in the state courts.
- Again, I was an Assistant Prosecutor and a Chief Assistant
Prosecutor; and when I was Chief Assistant Prosecutor in Barry County
part of my job was scheduling and part of my job was also dealing with
other county government officers when they needed me. I got along with
them very well I think.
- There are these people that I call “U.C.C.ers,” they believe in
U.C.C. 1-207, and whenever they come before you they’ll sign something
without prejudice. If they looked at the flag, they wouldn’t like it
because it has gold trim around it and that makes it a military court.
They are against paying property taxes, and they actually have license
plates that are blue that say U.C.C.1-207. I don’t know what color
they are now, but when I dealt with them the license plates in
Michigan were blue and they would say private conveyance on it and
something else on the bottom. It’s a four year penalty to possess such
a license plate. I don’t know why they do that. I think those were
probably the most interesting cases I did because you are trying to
convince somebody what the law actually is, when there’s no way that
they’re ever going to believe you. Freedom of Information Act, one
thing I find interesting. Kent County, actually the Grand Rapids
Police Department, for some reason when you file a Freedom of
Information Act request with them, they refuse to comply. They make
you sue them, and as soon as you are in the court at the pre-trial
hearing, they hand over the police report that they should have given
you before. I don’t consider that interesting, but that’s my
experience with the Freedom of Information Act. Most police agencies
...well most police agencies cooperate, they give you exactly what you
want; but certain agencies they decide not to. They don’t want you to
have it for some reason. Worst thing that I’ve ever had to do was sue
a judge in Kalamazoo who would not give up a search warrant.
Comr. Camp inquired, “Do you follow the Open Meetings Act?”
Attorney Gilbert responded, “Yes.”
- One issue that I would need to know before I can give
you an answer to that, is whether or not the casino is actually
considered tribal land? I believe it is, therefore, it’s part of the
tribal nation. We have no jurisdiction over it. It is my understanding
that it belongs to the Indians, however, it’s an awful small tribal
land and I wouldn’t be surprised if... Well, is the Indian Nation
actually going to have its own police force? Because I would really
expect them to either be working with Emmett Township or Calhoun
County as far as traffic enforcement and crimes on the premises. I
don’t know for sure, but I would suspect unless they are going to have
their own police agency. They can have their own police agency by law,
and usually they do.
Comr. Rocho stated, “I think this is less about our jurisdiction;
but one thing I would like to ask about is any experience or knowledge
that you have on the legal suit standing right now relative to revenue
allocation.”
Attorney Gilbert responded, “I am not aware of the lawsuits right
now. What? From the casinos?”
Comr. Rocho responded, “Yes.”
Attorney Gilbert questioned, “What issues are they claiming?”
Comr. Rocho responded, “Well, in many areas of the state the
casinos have not handled the distribution process. They have not paid
any of the county units, and so they have had to go to court to
enforce the compact.”
Attorney Gilbert inquired, “Are they saying that...the, oh boy, I
can’t remember the name of the federal agency... the Indian...”
Comr. Rocho stated, “The Bureau of Indian Affairs.”
Attorney Gilbert inquired, “Are they saying that the Bureau of
Indian Affairs is responsible for making sure payments are made?”
Comr. Rocho responded, “I can’t answer that.”
Attorney Gilbert stated, “Okay, well basically if there is a
compact between the Indians and the unit of government, it is a
contract just like any other contract and it can be enforced. I think
it should be enforced. Their whole basis for getting their casino in
the first place, is by getting that compact in the first place, but I
presume they will be relying on that compact to actually build the
casino and should be paying that pursuant to the contract.”
- I’ve made a lot of mistakes in my legal career. The
biggest mistake I ever made, I think, was a plea bargain when I was a
Prosecutor. It is something that lives with me to this day. I had a
case where some guy was molesting little kids, and he was charged with
first degree criminal sexual misconduct. I plead him down to second
degree criminal sexual misconduct. At the time when I was the
Prosecutor I had Judge Schuster in Barry County. I mean I knew who he
was, but he was great to a Prosecutor because if someone was found
guilty, he was going to go to prison and he was going to get the
maximum penalty. And Schuster gave him ten to fifteen years. It wasn’t
enough. The guy was a pedofile, and not just a pedofile. He was a
predator. I have represented people and I’ve prosecuted people, and he
is the only person that I can ever say that has no redeeming
qualitites; and it is something that I think about to this day.
Chairman Rae inquired, “How is that a mistake? Were you appointed
to represent this person?”
Attorney Gilbert responded, “No, I was the Prosecutor. It was a
mistake. I should not have given him a plea bargain. He did his ten to
fifteen years, so he didn’t get out. I mean, even when Judge Schuster
was on the bench, there wasn’t the kind of sentence that we have now.
You could actually get out even though you got ten to fifteen. This
guy did his maximum time.”
Chairman Rae stated, “Well, I don’t think you should beat yourself
up over that.”
Attorney Gilbert responded, “Well, it’s something I think about.”
Comr. Rocho questioned, “And the lesson learned was?”
Attorney Gilbert responded, “Well, I plead that case out because I
didn’t want to put the kids through what I thought they were going to
have to be put through; and I’ve been a Prosecutor and I’ve done all
kinds of criminal sexual misconduct cases as Prosecutor, and typically
you are dealing with kids and they are going to have a very hard time,
but I don’t know why. I mean it was a good case. I don’t know why I
plead that case out. I think it was a mistake. Because yes, the kids
would have been injured more, but you know what, the guy wouldn’t be
getting out. He did more than just them as far as I am concerned, and
it bothers me that I did that.”
- I’m a lawyer. I deal with it every single day. An example, the
Sixth Circuit Court case I’m dealing with right now. I’m new to the
Sixth Circuit Court. That means that I’ve got to make sure that I know
what the Court rules are and I’ve got to know the laws that I’m
dealing with. The Sixth Circuit Court deadlines are a lot shorter than
the state deadlines are. For instance, in Michigan when you file a
claim of appeal in a criminal case, you have forty-two days to get it
in. In U.S. courts you have ten days. You’ve got to know the rules,
and I’ve got to make sure I know the rules before I walk into the case
typically. In this case, making sure you dot your “i’s” and cross the
“t’s” is very very ... it can be very intense.
- Professionally, I belong to the criminal law section of the
Michigan Bar Association. I am on the Board of Directors for the
criminal law section. I belong to the Barry County Bar Association. I
belong to the Calhoun County Bar Association, and the Michigan Bar
Association. I belong to a group in Barry County. It’s called Starting
Over For Success. It’s for people that are coming out of prison, and
this organization gets them jobs in the construction area, and
basically what they are doing is giving people just out of prison a
heads up. I’m also involved with the Boy Scouts of America. I’m not
quite sure, but I think I’m Chairman right now. There’s been a change.
I’m either Chairman or Activities Chairman for the Boy Scouts of
America of the Ottawa Trails Council right now. I should know, but I’m
supposed to find out tonight which one I am.
The Boy Scouts don’t. It’s something that I feel like I’m giving
back to the community. I mean, I was a Boy Scout and I was proud of
it, and it really helped me a lot growing up; and I’m part of it
because I want to help kids. As far as being in the Michigan Bar
Association, it is required; and the Calhoun County Bar Association,
it allows me to associate with other attorneys. I haven’t been to a
Bar meeting in a while, but then again they don’t have them too often.
Barry County it is the same thing. I have an office in Barry County so
it helps me associate with other attorneys and talk about the issues
that are going on in the different courtrooms. Criminal law section, I
do a lot of criminal law and it keeps me abreast of what is going on
as far as criminal law, Department of Corrections, things of that
nature. Family law, well, I do a lot of family law. I represent
children. I represent parents getting divorced, and by belonging to
those different sections you get flyers or pamphlets every month
telling you what the state of the law is. Whenever you are practicing
law you want to belong to those sections that cover your area of
practice because of the benefits involved. You do get newsletters and
updates on the law without having to look them up yourself.
I would be joining a Bar Association section dealing with corporate
law, and probably labor and employment law. I’m also part of the
general section of the Michigan Bar Association, but the flyers they
send out really don’t cover anything in particular. Every now and
again you get something on employment law, but not often.
- It depends on what you mean by a respondent. In an
attorney grievance complaint they send you a grievance form. I’ve had
probably four grievances filed on me in my career. They never went any
where. I didn’t go to a hearing or anything else. I believe they were
found unsubstantiated, and it just ended. I’m sorry, I keep looking at
you Rae, but it seems to me...you are a lawyer so; it seems to me that
the attorney grievance stuff if they are unsubstantiated, they just
don’t go any further. I have never been subject to sanctions by any
court.
Comr. Rocho inquired, “Any malpractice suits?”
Attorney Gilbert responded, “No.”
Chairman Rae stated, “Four grievances over a twenty year period of
time is negligible.”
Attorney Gilbert responded, “My last one was probably ten years ago
in a criminal case where somebody was found guilty, and that was the
basis for the grievance basically because I lost the case.”
- I know Mike Rae and Jim Haadsma. I know you (Bradley Wilcox) from
some where. I don’t recognize the name. Other than that, I have no
relationship. Oh, I know you from the Paralegal Studies. I am on the
Board of Paralegal Studies at Kellogg Community College. That’s
another that I belong to.
- In drafting documents, depending on the type of documents. I would
be checking out the law to make sure that the document I’m drafting is
correct and based upon law as opposed to just taking a plea and
spitting it out. I think I am pretty thorough. I think that’s my
primary strength.
- Actually, it’s right here. This is the second brief that I filed
in People versus Michael Irish. It is a Barry County case from 2007.
He had been charged with aggravated indecent exposure. One of the
issues was the introduction of evidence against him from a prior act
that he committed in Lansing a number of years ago. He basically was
showing himself to a neighbor and doing things with himself that he
shouldn’t have been doing. It was taken to the Court of Appeals based
upon an adverse ruling from the Circuit Court judge, and the Court of
Appeals granted my motion for appeal and suppressed certain evidence;
and later on we again appealed another issue which was not granted on
appeal. I’m not quite sure. I think this is the second brief. This
would be the one that was denied. This is, like I said, from 2007.
Both were pre-trial motions.
- The best way is to speak with a voice. I don’t believe in memos.
They are necessary, I understand; but typically the best way to
communicate with somebody is face-to-face. You have to make a phone
call with our constraints in life today, however, the best way to
communicate is face-to-face.
Mr. Wilcox inquired, “Do you use email?”
Attorney Gilbert responded, “I use email. I’m using it a lot more
now. Until recently, until about three, four or five years ago I
wouldn’t use it, but about three years ago I actually started using it
consistently. I didn’t like the idea of using it. Now I have been
dragged into the Twentieth Century I suppose; but well, now I do find
it important now. I was against it because upon sending things through
the air ways I was afraid that people would intercept it; and that is
a very very big concern when you are talking about your client’s
privacy rights. You know the importance of keeping the papers that you
are filing, the papers that you are dealing with, confidential. But I
have been using it a lot more. In the federal court system you are
asked to e-file everything and there is no such thing to me as
confidentiality. I was worried that private matters would be
intercepted and was worried about confidentiality.”
Comr. Camp inquired, “Regarding memos, do you see a difference
between a memo and different kind of written communication?”
Attorney Gilbert responded, “It is important to have things in
writing because you can have that later on. I agree with you, a letter
or things in writing is important; but again if you are trying to get
your point across to people, I would prefer face-to-face
communication. Memos are necessary. I don’t like them because they are
not personal, but you have to dot your “i’s” and cross your “t’s,” and
it should be in writing because people don’t remember what they said.”
- Again, as a criminal lawyer I do it almost every day.
It is part of the job. I mean you’re always negotiating something
whether it’s a plea bargain or a property settlement or something
else. I won’t say everyday, but at least once a week.
Comr. Rocho inquired, “In terms of your skill set then what would
you indicate are some of your attributes as far as negotiation
skills?”
Attorney Gilbert responded, “When I’m dealing with criminal law
particularly, or any law for that matter, I know the law well; and if
I’m arguing the things, I try to know the law well. I can argue for my
client effectively. As far as bargaining or negotiating, I’m known to
be rationale, think reasonably and speak reasonably.”
- What do you mean by that?
Comr. Gerow responded, “Well, for instance, if it is an issue
beyond your scope of expertise.”
Attorney Gilbert stated, “If it is beyond my scope of expertise, I
pass it on. There are certain areas in the law that you just can’t
practice. I do trademark law every now and then, however, in order to
file something with the U.S. Patent Office you have to be a certified
patent attorney. I’m not a certified patent attorney. I can do a
trademark, but I can’t do a patent. If I’m challenged by any given
branch of the law, then I look at it, read it and figure it out.
That’s what attorneys do. That’s what those I.C.L.E. books are for.”
Comr. Rocho inquired, “Just in terms of the type of law you would
be handling for the county, it would be the types of things we
addressed earlier in the interview. You would basically be the
attorney for the Board, yet you would have representative interests
from the elected officials. Could you tell us a little bit about your
conflict resolution skills.”
Attorney Gilbert inquired, “As opposed to what?”
Comr. Rocho responded, “How do you handle it? Do you handle it
well?”
Attorney Gilbert stated, “I believe I handle conflict well. I
believe I do. I try to make sure there is not a conflict to begin
with.”
Comr. Camp questioned, “Your resume states that you went into
private practice for employment law and when we asked about your
experience with employment law, you stated that it was limited. Is
there anything else you would like to tell us regarding that general
area?”
Attorney Gilbert responded, “Well, I’ve done whistle blower cases
before. Just after I left the Prosecutor’s Office I represented a
gentleman that was a reserve officer and was working for a ambulance
service in Prairieville Township. He ended up filing a lawsuit against
the Township and the ambulance service because he was fired. He turned
in a supervisor, the manager of the ambulance service, for theft; and
as a result of that, the Township decided not to do absolutely
anything about it. In fact, the man was convicted and came back to
work the day he was sentenced, demoted my client and put him on a
shift that he could not work. Effectively firing him. I got him his
back pay, which was not much. And one more case involved a Chief of
Police. I have probably done two or three of them. That’s why I said,
limited.”
Comr. Rocho stated that she didn’t think that the county had an
liability risk insurance company while asking the questions. Comr. Rocho
inquired what really is the scope of work for the position? Professional
services agreements? Purchasing and contract law? Comr. Rocho questioned
whether the scope of work for the position warrants it being a full time
position.
Chairman Rae advised that the job description sets forth what is
encompassed for this job; further, pointed out that the position could
also be used in new innovative ways under the direction of the County
Administrator.
County Administrator/Controller Kelli Sproule stated that the Board
always has the ability to review the position, especially during budget
time. Ms. Sproule advised that a couple of areas would be to provide
more support in the area of policy review, statute compliance; i.e.,
Freedom of Information Act; and reviewing contracts from the
departments.
Comr. Haadsma inquired whether the Board is going to talk about each
individual after their interview.
Chairman Rae stated that he thought that the Board would do that on
Wednesday.
Responses by Finalist Sheri R Mohmand:
- Basically, for the majority of my career I worked with school law
where I do a lot of administrative type cases; i.e., teacher tenure,
unemployment security, unemployment benefits. I have done a few family
law cases in the past few years. I’m not in court a lot. Lately I’m
working for my own company doing more transactional things and working
with employees in my husband’s business.
Comr. Rocho questioned, “So your county level experience is?”
Attorney Mohmand responded, “For Kalamazoo County and the
Intermediate School District (I.S.D.). That’s kind of a regional type
of job. I advised all the local school districts that used my
services, and my client was the Intermediate School District Board. I
advised them on matters that pertained to them.”
Comr. Rocho questioned, “Did you have matters that dealt with
K.R.S.A.?”
Attorney Mohmand responded, “At the County we had school safety
issues. I worked with the Juvenile Home. I operated the school inside
of the Juvenile Home, so there was a lot of collaborative things that
I did with the county.”
- Well, you would be my client, so I would do everything in the best
interest of the county. What’s best for the county. Everything else is
second. I like Calhoun County. I am from southwest Michigan, but I
lived in Calhoun County for about two years before we traveled. I
lived in Marshall near Turkeyville. So I think southwest Michigan is a
great area to reside in.
- Primarily civil. I have done criminal, but all your civil areas
from Freedom of Information Act, Open Meetings Act. I’ve been in the
public sector for a majority of my career. I have done family law, but
I prefer the public sector.
- Well, since both are governmental entities, I think that
background. I’m good at research. When I worked as a school attorney,
basically I was thrown in there and never knew what issue I would be
dealing with. It is such a broad area. I can research very well, find
the answer and get back to the administrator or the employer and can
quickly give them an answer. I’m used to doing that. I like to have
many areas or issues to look at. I did that with the judges in Circuit
Court in Berrien County and I did it as a school law attorney.
- Well, I was a human resource director; and I have been advising
the new one, and I did the training. I didn’t hire or fire people, but
I was advised what was going on and I advised regarding procedures. I
feel comfortable with employment law.
- That’s the area that I don’t have as much experience on, but I
feel comfortable. I don’t have a problem negotiating and working with
people. I do know some negotiation skills. K.R.S.A., the I.S.D. in
Kalamazoo County, was the only I.S.D. in the state that does not have
a union. Sometimes unions are better in the fact that they have
grievance procedures. Everything is set forth. You have to have good
negotiating skills to keep everyone happy. So I have not had a lot of
work with the unions perse’, but I feel comfortable. I understand
M.E.R.C. I understand the basics of negotiation. A lot of it is common
sense.
Ms. Sproule questioned, “What about other types of contract
review?”
Attorney Mohmand responded, “I did contract review all the time. I
do that a lot for the school district. Reviewing and drafting, I have
no problem with that. Whenever the departments had a contract they
would drop it in my office for review. I am a big check list person so
that I don’t forget things. I draft real estate contracts more in the
past few years. I feel comfortable with drafting and reviewing
contracts.”
Mr. Wilcox questioned, “Did you deal with purchasing contracts at
the I.S.D.?”
Attorney Mohmand advised, “If they had a legal issue, then I was
involved in it. Unless there was a specific problem, then I would be
involved. I could get up to speed on that.”
Comr. Rocho questioned, “Did you review large purchase or lease
agreements? Did you do training regarding procurement provisions?”
Attorney Mohmand responded, “I wasn’t involved in training because
at the time the Finance Department did most of that; but if there was
an issue regarding a purchase, then they would bring me into the
meeting. I was involved in it if there was an issue.”
7) Well, if it’s mandated, we have to provide it. I would have to
know that statute well to make sure the county was fulfilling its
mandates. We had many mandates in education. There were things that
are required by law, and I made sure the District was following their
obligation.”
Comr. Camp inquired, “How would you advise the Board of
Commissioners and County Administration regarding it?”
Attorney Mohmand responded, “Orally, I would advise, but normally
what I would do is a research memo. It is legal advice in the proper
procedural way. I did it all the time. I would review the Board agenda
and research it and take my own initiative to give you advice.”
- Well, one problem I think there is going to be is so many mandates
and not enough money. I think it’s going to be budgetary issues. There
is always the employee issues; i.e., collective bargaining, health
care benefits which is getting more expensive, so I think that’s a big
issue. How to keep the employees happy within the county’s fiscal
restraints. It think it’s economic issues.
- I’d probably say that I’m not advanced. I understand the software.
Some hardware problems. I’m probably spoiled and have someone plug in
whatever has to be plugged in. I can do power point. I can’t fix a
hard drive. I can function very well. Most software I can use or
figure it out fairly quickly.
- Primarily administrative type hearings. I have done motions to
keep us out of cases as a defendant. I did go to the Court of Appeals
on one appeal. So it’s primarily of an administrative nature, and I
really haven’t done any criminal. But I feel comfortable in court and
really enjoy it.
- Well, I haven’t had any federal court experience, but I feel I
could do it. I have no problem with that. I went to the Michigan
Appellate court level. It was a zoning easement case with the
township. It had merit, but at the time with the composition of the
Board, we lost. I enjoyed it though. I have not done the Michigan
Supreme Court. I have done the appellate level. I did bring my
appellate brief for you to look at. It was a summary deposition motion
to dismiss the case at the Circuit Court level. It was a good
experience, and I would like to do that again; but I really wouldn’t
want to have to do it for the county.
- As a law clerk in my first job out of law school in Berrien County
I enjoyed working for the courts. It was a great learning opportunity.
A good judge is only as good as their assistants. You must respect
everyone. As an attorney you can’t be arrogant. I had a good working
relationship with the Berrien County Court, and the same thing with
Kalamazoo County. I dealt with county officials, judges from the
court, the Sheriff Department, the Prosecutor’s Office and the
Juvenile Home. I feel comfortable from the top with the judge down to
the filing staff. Everyone deserves respect and that’s important.
- Freedom of Information Act, from my experience as a school
district we have student information and it can’t be disclosed without
parental consent, or an employee law suit, in making decisions of what
can or can’t be released. Looking at the exemptions to it and
determining whether it can be disclosed or not. Sunshine laws are
there for a reason as the public deserves to know. Open Meetings Act,
committee meetings. When I was there some things came down and I had
to make sure that the committee meetings were open to the public and
some Board members didn’t realize that. I had to delicately advise
them of this. And there were some issues regarding talking about
issues before the meeting. A couple of times I had to address it with
the supervisor or the Board.
- Well, I grew up in Sault Saint Marie very close by the Indian
reservation. So I have a very good understanding that it’s a separate
governmental entity. For the new casino I saw along the highway, and
the county probably will be working with the Tribe; however, they are
a separate entity.
- Well, I have not been sued for malpractice. I had an opportunity
before I became a director for legal services. There was a great law
firm in Holland that offered me a job and I probably would have
enjoyed doing some private practice prior to going to legal services.
I think my biggest mistake was not doing private practice in my
career. A legal mistake? Perhaps you could clarify what you are
looking for.
Comr. Rocho questioned, “When you make a mistake, tell us a little
about your reflection and the process you go through so that there is
a learning outcome.”
Attorney Mohmand responded, “I’m a lawyer and lawyers don’t make
mistakes. I mean, I have made some mistakes in special education law.
It is a very very specialized area of law. Unless you take courses in
it, it is kind of learn as you go. I really took time to read all the
statutes, but there were some mistakes. If I think I made a mistake,
then I will call up some of my mentors and colleagues for advice.”
- Well, many days at K.R.S.A., and currently one second I’m dealing
with a second amendment issue, and I constantly have to switch to
another issue. I’m used to doing that. I have older children and when
I was in law school the oldest was six weeks old, and I handled that
and did well. I do more better when I have a lot on my plate.
- I would definitely join the Calhoun County Bar Association, and
any other municipal law attorney sections or groups. I used to belong
to the Michigan Association of School Attorneys. I did that for a
number of years. I served on the school safety board. The Chamber of
Commerce in Kalamazoo County, I served on that for many years. School
functions I do those things too. I like to be involved in the
community. Oh, I was also on the State Bar Association.
Comr. Camp questioned, “How did they assist you in your daily
practice of law?”
Attorney Mohmand responded, “Well, I think that is an important
aspect if you are practicing law. If you are in organizations that
deals with a specific area, you learn more. You also meet other
attorneys practicing in that area. It’s a good networking tool and
knowing other people that practice the same area of law is very
important.”
Comr. Camp inquired, “Do you have a mentor for county policy-type
issues?”
Attorney Mohmand responded, “I know Jim Porter and I think he knows
what he is doing. There is an attorney in Berrien County that I have
used quite often, and I’m sure I will meet some in Calhoun County.”
- I have not in any. I am licensed in Michigan, and in Colorado,
although I am now on inactive status in Colorado.
- I don’t really know anyone. I do have some connections in
Marshall; however, they are food connections; e.g., Win Schulers,
Louie’s Bakery, Darling and Darlings, and Turkeyville.
Comr. Rocho advised, “I do not know Sheri, but I want to disclose
that I work at the Calhoun Intermediate School District, and I know a
lot of people that Sheri works with, but there is no relationship. I
did not know her prior to this process.”
- It depends on which area I am reviewing, but... Well,
less is best. You only want what you need in there, but you want to
use very concise words. Plain English, being very concise and not
ambiguous.
Comr. Rocho inquired, “Do you feel comfortable both drafting
documents and reviewing them?”
Attorney Mohmand responded, “Yes. I’ve drafted many and reviewed
many contracts.”
- In 2001 I filed a claim of appeal. The decision was not
favorable. Here is the appellate brief. I didn’t copy all of the
exhibits. I have other writing samples.
Comr. Haadsma inquired, “Do you have anything more recent than
2001?”
Attorney Mohmand responded, “I have not been in court for the past
six years, other than a divorce matter. I have mainly been doing
transactional things; i.e., real estate, commercial leases, etc. Here
is a policy I drafted, and an opinion. I have been very busy working
for my family company.”
- For the Board of Commissioners, orally of course, through the
phone, the computer. I don’t like to use email to give legal advice.
So I’d rather do it by letter or in person. I really think that email
can get you in trouble in giving legal advise. Informational stuff,
then email is okay. Presentations, I have no problem. I do training.
County-wide meetings on safety or whatever issue.
- Yesterday with my husband. Well, probably eight months ago we had
an employee issue in one of our businesses. The co-owner wanted to
take action right away and terminate, and I convinced him not to to
avoid reason for a termination claim. It was for our own business. We
own commercial property throughout Kalamazoo County.
- I think there was a matter of who we would use for third party
administrator for health insurance; and I suggested they look at more
administrators, and that was not popular.
Comr. Rocho questioned, “Conflict resolution, what do you see as
your skill set to positively handle conflict?”
Attorney Mohmand responded, “The key is respect. If you acknowledge
their position and show them respect, I believe you can work better. I
created a conflict resolution program for some of the elementary
schools in Kalamazoo County. Using common sense. Not too
confrontational. Respectful.”
Comr. Haadsma inquired, “What do you currently do?”
Attorney Mohmand responded, “We have nine acres of commercial
space. One site is a restaurant and the remainder is tenant space. My
husband is actually an engineer. I primarily do the book work and
lease the tenant space. This has worked well for the past six years
with my family, but I would rather not work with my husband or the
family.”
Comr. Camp inquired, “Methods used to communicate, you said working
for the county you would represent our interests. Do you envision a
role of fielding questions from the public, elected officials or
employees?”
Attorney Mohmand responded, “I represent the county and if you give
me the authority, yes I would do that; but my authority would be to
advise you. Whatever you want me to handle. With the school board,
they would tell me. Provide guidance.”
ADJOURNMENT:
The meeting adjourned at 6:42 p.m. at the call of the Chair.
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Several photos included in this 
