Commissioners hire law firm to provide legal counsel

by Angie Asam–Staff Writer

The Presque Isle County Board of Commissioners authorized chairman Carl Altman to sign an agreement with Cummings, McClorey, Davis and Acho (CMDA) P.L.C. to provide legal counsel to the board.

At the Nov. 26 meeting of the board a motion was approved authorizing the commissioners to spend up to $5,000 on legal counsel if deemed necessary by the chairman and vice chairman.

“Given the fact that there have been several lawsuits, which are pending, where the county is included, that is a broad classification, my concern is, when you say county, what is the board of commissioners’ involvement?” said Altman.

Altman and commissioner Steve Lang will be meeting with a CMDA attorney from the Traverse City office in Gaylord prior to having the CMDA come to the county to conduct a review.

“Their main objective would be to do an unbiased internal review of some of the allegations that have been made,” said Altman. He told the commissioners that normally CMDA charges $275 per hour but agreed to charge $195 per hour to the county on this case.

“I guess the basis for my concern is that it’s become a kind of emotional issue around this table. I think it’s not our place to confirm or dispel any of these allegations; we are not an investigative team. In our concern for ourselves as commissioners and for the county I think that we need to actually use these services. The thing that prompted my concern is we cannot just have deliberate disregard for some of these allegations. When I had a conference call with one of the main attorneys at CMDA there was three items he mentioned; what do you know, when did you know it and what did you do. Our concern is what did we do. To that end we don’t want to be charged with condoning or aiding. Again I say we are not a judge and jury,” said Altman.

Altman also requested that the current board members and the future member of the board that was in the audience refrain from “making any comment that could be detrimental on these pending lawsuits.”

After a motion was made by vice chairman Bob Schell which was seconded by Lang the floor was open for discussion.

“I think it is prudent that we do, for the sake of the county and this board, seek separate counsel on this and ascertain just what our liability and what our position is on these cases and accusations. We don’t know what our involvement could be but we have to prepare for the eventuality that we may be included in these lawsuits,” said Schell.

PROSECUTING ATTORNEY Rick Steiger asked to make a brief comment and before the chairman could give him an answer made this comment. “From day one, that has been my recommendation,” said Steiger.

Altman cut him off telling him “that is as brief as I care to hear.”

The motion was unanimously approved and the chairman and Lang will be looking to meet with the attorney as soon as  a mutual date can be finalized to do so.

LATER IN the meeting, during his report, Steiger again commented on the issue. He told the board that he was going to request an executive session but based upon the county hiring counsel he no longer requested it.

“I would say that it is extremely wise of the board to get counsel. From day one, unfortunately, when I tried to explain the position

we were putting this county in by not addressing issues with deliberate disregard, I think some commissioners were getting bad advice from different attorneys. I am glad that you have reached out to a neutral attorney who will give you proper guidance and make sure that this county is protected. My whole intention was to protect this board and protect this county the best we possibly could and I applaud you for taking the steps in moving forward and finding someone to properly look at it in the interest of not only this board but also the folks in this county. I think it is a very wise decision,” said Steiger.

CMDA was founded by Owen J. Cummings in 1965. The firm maintains offices throughout Michigan in the cities of Livonia, Clinton Township, Grand Rapids and Traverse City.  Nationally, CMDA maintains offices in Kansas City, Missouri and Riverside, California.