A series of controversies in recent years has resulted in Grand Traverse County being embroiled in nearly a dozen lawsuits – some of which aren’t covered by insurance and must be fully funded by the county – as well as calls for tighter ethics rules for county commissioners. County Administrator Nate Alger provided an update to commissioners on the status of the county’s various lawsuits and shared options from legal counsel for updating the county’s ethics policy, with discussion expected to continue at future meetings.

Lawsuits
Grand Traverse County is enmeshed in several lawsuits on a wide range of topics, several related to controversies involving either individual commissioners or the board as a whole. In a recent update to the commission, Alger provided a chart detailing each case and its current status, including upcoming settlement negotiations and/or potential trials.

One of the oldest cases involves former Commissioner Ron Clous, who is being sued by resident Keli (Patricia) Macintosh for a First Amendment violation over a 2021 incident in which Clous displayed a rifle during a virtual meeting while she was giving public comment. That case is still in the discovery phase, Alger said, with a settlement conference planned to take place between now and May 5, when a jury trial is scheduled to begin. Clous opted not to seek reelection to the commission in 2022 but ran a quiet race for drain commissioner last year, which he lost in the primary to incumbent Andy Smits.

Two active lawsuits involve the commission’s controversial decision to transfer ownership of Twin Lakes Park (pictured) to Long Lake Township. A pair of township landowners are alleging the county didn’t have the legal authority to transfer the park given restrictions that were put on the land when it was initially deeded to the county. Alger said motions for summary judgment have been filed in that case, though the parties “may have to have mediation if we don’t get summary.”

In a separate but related lawsuit, township resident Kay Ingraham alleges commissioners failed to abide by the Open Meetings Act on numerous occasions when dealing with the first Twin Lakes lawsuit by not holding public meetings to discuss the case. Attorney Matthew Cross of Cummings, McClorey, Davis & Acho – the firm representing Grand Traverse County in the OMA lawsuit – refuted those claims, saying they represented a “fundamental misunderstanding” of OMA and were “frivolous.” Alger said the county has filed a motion for summary disposition in the OMA case, which if not granted will next proceed to discovery.

Some pending lawsuits are from former county employees alleging workplace violations under the U.S. Equal Employment Opportunity Commission (EEOC). Those include accusations from former corrections officer Rachel Bender of sexual harassment, discrimination, retaliation, and wrongful termination from the Grand Traverse Sheriff’s Office. Bender has also filed a federal lawsuit over the allegations, which the county is still investigating. Both a former employee and former jail inmate have also filed separate charges of alleged disability discrimination with the Michigan Department of Civil Rights (MDCR). The county’s next step will be to file position statements with the MDCR in both those cases.

While the county has insurance that helps defray legal costs in many cases, others aren’t covered – meaning the county is on the hook for the full bill. That includes an ongoing case involving the Bay Area Transportation Authority (BATA), which sued the county last year for allegedly violating an interlocal agreement by appointing two county commissioners to the BATA board. As a “governance dispute,” the case isn’t covered by insurance, Alger said. A final settlement conference is scheduled for February 5; if that fails, a non-jury trial is scheduled for March 4-5.

Similarly, a legal dispute involving PACE North and the county-run Pavilions about a management agreement between the entities and ownership of the PACE North building is also not covered by insurance. That case is in mediation, with a trial set for June 11-14 if a settlement isn’t reached. In response to commissioner questions, Alger said he didn’t have an exact cost estimate for how much the county is accumulating in total legal fees for all the various cases but said he would provide that to the board soon. Fees will keep accumulating as cases continue, though the county could also have some of its attorney fees covered in different lawsuits if successful in court.

Ethics Policy
County commissioners will consider potential updates to their ethics policy that could outline clearer standards for elected officials and a process for addressing potential ethical violations. Commissioner Ashlea Walter requested in December that the county’s legal counsel provide options for updating the existing policy, referencing a “black cloud” hanging over the commission’s head due to multiple situations involving the board – including former Commissioner Brad Jewett’s arrest and guilty plea for soliciting a prostitute in 2024 and an active investigation into Commissioner Rob Hentschel for an alleged sexual assault in October.

Cohl, Stoker & Toskey, P.C. – the county’s legal firm – provided two options for an updated ethics policy. One outlines an investigative procedure for handling alleged ethical violations that would have corporate counsel review any complaints. That process provides potential outcomes including issuing a public statement outlining the ethical complaint and the counsel’s findings as to its merit, as well as formal censure by the board of commissioners. Another option would establish an ethics panel that would review potential violations. That panel could include the commission chair and other appointed members, such as additional commissioners or county staff. “It’s just a question of who do we empower to make those decisions,” summarized Vice Chair TJ Andrews. “There are obviously pros and cons either way.”

Commissioners cannot remove each other from elected office – the only way a commissioner can be non-voluntarily removed mid-term is through a recall vote or by the governor under certain conditions – so an ethics policy has practical limits on the degree to which it can punish commissioners for behavior. However, an ethics policy could still have “teeth” depending on how it’s structured, Alger noted. He told commissioners he himself didn’t want to be placed in the awkward position of having to investigate ethical violations by commissioners. For that reason, he suggested it’d be more appropriate to have counsel investigate complaints if commissioners do update the policy versus an ethics panel. The board is expected to continue discussions on the policy at a future meeting, with Alger predicting that the topic is “probably going to yield a lot of conversation.”