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Monday, January 21, 2019

Hiring Unqualified P & Z Director-Who Should Be Fired ?

January 18, 2019
Commissioners,
Please accept this correspondence as a public document for the next available Board of Commissioners meeting. 

Wednesday night's 1/16/2019 Planning Meeting and Public Hearing was another Michael Turisk FIASCO. It began when Mr Turisk published notice on 12/26/2018 of the Public Hearing and excluded the additional amendment, Section 21.2-Administrative Search Warrant from the notice. I knew it was tagged onto the end of the Solar Ordinance amendment despite the fact it is an enforcement tool that would apply to the entire Ordinance #200. 

Mr Turisk failed to communicate any of this to the public continuing his ongoing habitual failure to post hearing information or packets until only a few days before a hearing. He did convey a Memo to the Planning Commission dated 1/15/2019 advising them the Administrative Search Warrant was removed from the agenda. That was hidden in page 38 of the packet. Had Turisk amended the posted agenda, or made any attempt to advise the public of that, dozens of people could have enjoyed an evening at home and attended some future hearing for the proposed Section 21.2. 

Please reflect on how many times have I emailed the Commissioners as an elected body advising you that Mr Michael Turisk is wholly unqualified to serve as a Director of Planning and Zoning in Cheboygan County.

My messages to the County Board started in April 2018 when I noticed and advised the prior B of C at the annual meeting at Audies that Mr Turisk had submitted two job applications. The first was on 7/14/ 2017 for Scott McNeil's Planner I position. That was about the time Mr Turisk left his former employer. For some still unknown reason, Mr Steve Schnell or Administrator Lawson hired no one from that pool of applicants. 

The second application for P & Z Director, essentially Steve Schnell's old job, included Turisk's same resume and job history, except one prior employment period had an annual salary increased by about $5,000 to reach the $62,300 range. 

Ignoring the fact that Mr Turisk met none of the preferred or desired qualifications, he was hired with the prior Board of Commissioners fully aware and willing to ignore the proof of a fraudulent job application that also included a personal reference, Cynthia Homant that shared a home address with Mr Turisk. 

The prior Board of Commissioners were told by Administrator Lawson at the April 10,2018 B of C meeting that, “The position of Director of Planning and Zoning was advertised by the County on web based job platforms, Michigan Association of Counties, County web site and local paper. County received approximately 17 applications for the position.”
Administrator Lawson’s Recommendation: “Motion to approve employment agreement with and appoint Michael C. Turisk as Director of Planning and Zoning. Motion to appoint Michael C. Turisk as Zoning Administrator upon beginning employment.”

Administrator Jeff Lawson presented the Director of Planning and Zoning Employment Agreement. He stated the position of Director of Planning and Zoning was advertised by the County on the web based job platforms, Michigan Association of Counties, County web site and in the local paper. The County received 17 applications for the position. Motion by Commissioner Gouine, seconded by Commissioner Bolinger, to approve an employment agreement with and to appoint Michael C. Turisk as Director of Planning and Zoning and also appoint him as the Zoning Administrator upon beginning employment. A roll call vote was held. Motion carried with 7 yes, 0 no and 0 absent.

Administrator Lawson’s  report to the Board that there were approximately 17 applications received for the position omitted important facts. These facts were discovered by a recent FOIA request for written communications related to the interview/hiring process that culminated in the recommendation and hiring of Michael Turisk for the position of Director of Planning & Zoning.

Out of the “approximately 17 applications for the position”, Administrator Lawson failed to disclose there was one submission that was not a result of the extensive advertising and posting for the position. That person was solicited by email on February 18, 2018 by Mr Lawson to submit an application. Another personal email on February 23, 2018 reminded that person there was a job posting for the Director of Planning & Zoning and that Mr Lawson looked forward to talking with him.


County Administrator Lawson invites Michael Turisk to Apply for Director of P & Z
The only invitee, the only interview, the only candidate recommended 

About two weeks later, there is an email from Michael Turisk to Administrator Lawson expressing his thanks to Mr Lawson for the lengthy interview by telephone and a desire to work for Cheboygan County. The next emails exchanged are a record of travel arrangements and scheduling for an in-person interview with Michael Turisk and an ad hoc committee that still has no written record of attendees or meeting minutes from behind the closed doors.  

Legal counsel Bryan Graham’s June 6, 2018 memo responding to an inquiry of the legality of Administrator Lawson’s hiring process, quoting the conclusion, was made without these facts.In conclusion, based on the above it is my opinion that the procedures you followed to
interview candidates for the Director of Planning & Zoning, including the formation of
the committee to assist you, did not violate the Open Meetings Act. As a result, these
procedures can be continued. If you have any questions, please let me know. “

The actual hiring process used by Administrator Lawson was a procedure that ignored all of the other applicants, proven by his inability under FOIA law to provide any record of a written response to any other applicants. Legal counsel’s “opinion that the procedures you followed to interview candidates for the Director of Planning & Zoning” was given ignorant of the fact that Administrator Lawson has no record of any other applicant’s communications or preliminary candidate interviews.   

Some of the current Cheboygan County Commissioners were party, I suspect unknowingly, to the now documented and what might be judged unethical actions employed by Administrator Lawson to hire an unqualified and incompetent individual that was personally invited to apply. To reiterate, Administrator Lawson personally invited Michael Turisk to apply, then interviewed Turisk by telephone, and later arranged for an undocumented, un-recorded, and closed-door interview meeting with an ad hoc committee consisting of several still unidentified County Commissioners and Michael Turisk.     
Of the “approximately 17 applications for the position”, Administrator Lawson only interviewed the candidate he personally invited to apply for the job. That action, the fraudulent prior salary on the resumes, plus the well-documented inability of Michael Turisk to function at a professional level despite the hundreds of often-inane questions to legal counsel since July of 2018 should be more than adequate reason to terminate his employment.

I cannot see any remedial action that could correct Mr Turisk’s shortcomings. After more than a decade of employment in planning, he still has no degree in land use or planning. He stated in his July 2017 application for Planner I that he was approved to sit for his AICP exam in November 2017. There was no mention of any certification in his February application for the position of Director of Planning & Zoning. His direct manager in Colorado Springs, obviously restricted by HR policy, stated diplomatically, “I will say that Mike’s laid back demeanor may not have been a great fit for our fast-paced environment.

I thank each of you for your time and remain confident that you will act in the best interest of the residents and taxpayers of Cheboygan County. Please terminate this employee before there are more serious failures or possible legal recourse resulting from his failures and/or your failure to act.

Carl Muscott    
Indian River

Monday, January 14, 2019

Unable to attend the Wednesday night Public Hearing?


The Cheboygan County Planning Commission plans to enact an Administrative Search Warrant in violation of your Fourth Amendment rights protecting your home and property from unreasonable searches. The Planning Commission has tacked onto the proposed Solar Energy amendment this unrelated search warrant (inspect) your home or property without probable cause or any proof that a crime is being committed.

Section 8. Amendment of Article 21

Article 21 of the Cheboygan County Zoning Ordinance No. 200 is hereby amended to add a new Section 21.12. which shall read in its entirety as follows: 21.12.

Duty to Inspect; Administrative Search Warrant

It shall be the duty of the Zoning Administrator, or other official designated by the County Board of Commissioners, to inspect land, buildings and/or structures to determine violations of or compliance with this Ordinance. The Zoning Administrator, or other official designated by the County Board of Commissioners, shall exercise this right of inspection by consent of the person having the right to possession of the land, building and/or structure or any part thereof, or by administrative search warrant issued by a court of competent jurisdiction.

If you are unable to attend Wednesday night’s Public Hearing to protest this attempt by the Planning Commission to violate our Fourth Amendment rights, please take a few moments to address your comments to the Planning Commission.

Debbie Tomlinson <  debbiet@cheboygancounty.net  >

Ask Debbie to print your comments for or against the “Administrative Search Warrant” for the Planning Commission Board and request that the Planning and Zoning Director Michael Turisk read your comments during the Public Comment period.  

Saturday, January 12, 2019

January 16, 2019 Planning Hearing-Secreted Agenda


The current Cheboygan County Planning and Zoning Director Michael Turisk has a proclivity to simple-minded errors. As staff support for Planning Commission meetings, he has forgotten to record meetings and hearings on more than one occasion. He has scheduled and noticed numerous hearings and meetings without a basic understanding of Michigan's Planning and Enabling Act, our local government units, or who has jurisdiction over our state or county roads.  

This is the Notice of a Public Hearing published by Michael Turisk on December 26, 2018 for a January 16th hearing. Somewhere in the middle of the second paragraph is mention of an amendment to Ordinance #200 to permit Solar Energy systems. This amendment will allow a proposed $60 million dollar Solar Farm to proceed to in Grant Township.


Michael Turisk published this notice advertising that the related documents were 
available for viewing. A full 16 days later, on Friday afternoon, January 11, 2019, the full document packets were finally made available to the public. 

     
That second paragraph republished from the Legal Notice now includes the secret agenda. "In addition, the proposed ordinance would amend Article 21 (Administration and Enforcement) regarding duty to inspect and administrative search warrants."  

This amendment empowers MIchael Turisk and his staff to "inspect", AKA search, your property and home at any time with your consent and with a search warrant if you do not consent.   

Section 8. Amendment of Article 21 Article 21 of the Cheboygan County Zoning Ordinance No. 200 is hereby amended to add a new Section 21.12. which shall read in its entirety as follows:

21.12. Duty to Inspect; Administrative Search Warrant
It shall be the duty of the Zoning Administrator, or other official designated by the County Board of Commissioners, to inspect land, buildings and/or structures to determine violations of or compliance with this Ordinance. The Zoning Administrator, or other official designated by the County Board of Commissioners, shall exercise this right of inspection by consent of the person having the right to possession of the land, building and/or structure or any part thereof, or by administrative search warrant issued by a court of competent jurisdiction.

Cheboygan County Planning and Zoning, the people who tried to ban campers, trailers, short-term rentals, and political signs on your own property wants to violate your Fourth Amendment Rights  


4th Amendment to U.S. Constitution • The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


This law will give Cheboygan County enforcers the right to “inspect” your property and buildings with your consent, or if you refuse, by search warrant.  No evidence of a crime needed, they just want “to determine violations of or compliance” with the zoning law.

This new zoning law will be subject to a Public Hearing on January 16, 2019 at 7 PM, Room 135 at the Cheboygan County Building. 

There was no 15 day legal notice as required by law. Section 21.2 is not specific to the Solar System amendment and should be removed from the agenda and hearing. 

If you cannot attend, please protect your Fourth Amendment Rights to secure your property and home by protesting to one or all of your Cheboygan County Commissioners.