The Ypsilanti Courier
A Heritage Newspaper
Weekly Publication
Local officials reject offer
Augusta Twp. accepts arbitration offer
By Austen Smith and Dave Wak, Heritage Newspapers
PUBLISHED: February 22, 2007
Ypsilanti and Salem Township officials last week rejected an offer for mediation to resolve an ongoing lawsuit over contracted police services.
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Augusta Township, the third municipality that jointly filed the lawsuit more than a year ago, accepted the offer from Washtenaw County officials and will no longer seek resolution for active claims through the courts. Most of the lawsuits' claims have been dismissed by visiting Monroe County Judge Joseph Costello.
Last fall, the three suing townships agreed to sign four-year police service contracts with the stipulation that they would be able to continue with the lawsuit.
The townships' proposed counteroffer resolution, to reject the county's request for mediation, calls for a 6 percent annual increase in police services costs plus a $10,000 penalty charge this year.
Attorney Doug Winters, representing the townships, said officials chose not to accept the offer because the process would be too expensive and mediation is not legally binding.
"(The townships) chose to make their own counterproposal in the form of a resolution," Winters said. "(Augusta), on the other hand, chose to accept mediation. They are trying to get the same results by taking a different route."
The townships' resolution, stated, "…Facilitative mediation proposed by defendants … would require both parties to incur significant expense in additional facilitator and attorneys fees, which could exceed $200,000 combined.
"…given the costs and time which would be expended by the parties…couple with the fact that the Facilitative Mediation process is non-binding, the Plaintiff Townships have determined that it is not in the parties' best interest to engage in Facilitative Mediation as proposed by Defendants."
Washtenaw County Administrator Bob Guenzel said it was unfortunate that all of the townships didn't accept the offer.
"It's just disappointing," Guenzel said. "Certainly, we would like to be put the matter behind us. I think it's just at a stalemate right now, we'll just keep plugging away in court."
Augusta Township Supervisor Kathy Jackson said the board got into deep discussion before voting down the townships' proposed resolution, to reject the mediation offer, four to three.
Jackson said if the resolution had passed the decision could have effectively cut off negotiations between the township and the county.
She said the terms of the counter-offer resolution basically were asking the county to give the three townships a discount on police service costs, something she thought they would not go for.
"I don't think that (the resolution) was reasonable at all," Jackson said.
The only difference between the township's original offer to the county and the new resolution was the $10,000 penalty fee, Jackson said.
Salem Township Supervisor Fred Roperti said he supported it because he wants the lawsuit to end. He equated the ongoing legal battle to a 'war that no one wins' and said it was costing all three townships nearly a million dollars in legal fees.
"It's an effort to settle this lawsuit once and for all," Roperti said.
Giszczak said she was disappointed in the board's vote. She said continuing with the litigation process would incur more legal costs, money the township simply doesn't have, she said.
Tobler said he was shocked at the four to three vote that defeated the resolution. He said the board had asked the attorney to draw up the resolution and added that the vote had 'blindsided' Winters as well.
Tobler said it was a big mistake for the township to break rank with Salem and Ypsilanti on the lawsuit.
He also said the costs of deputies was too high already, and shouldn't be more than $90,000 a year.
By agreeing to further mediation, the township was agreeing to pay more for police protection in the future at prices it couldn't afford, he said.
Jackson said with the addition of three new county board members, including former township attorney Ken Schwartz, the county might be more flexible during negotiations.
According to the county clerk's office the present rate for road patrol is $94,000 per Police Service Unit for 2006 through 2007, $99,000 per Police Service Unit for 2007 through 2010 and costs for a deputy will top around $140,000 by 2010 under the current contracts.
Jackson said she hopes to meet with county officials over the next month to discuss the township's police contracts.
Dave Wak is an Ypsilanti resident and freelance writer for the Courier/View. He can be reached at dwak4@hotmail.com.
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