Serving Gogebic, Iron and Ontonagon Counties
Serving Gogebic, Iron and Ontonagon Counties
MONDAY EVENING in Bessemer, during the city council meeting, tempers flared, accusations flew, and insults were hurled to an overflowing audience consisting of the sheriff department and citizens. It was not business as usual though as Mike Korpela, city attorney, Linda Nelson, city council, and Pete Matonich, sheriff, squared off regarding possible illegal disclosures, impropriety, and conflicts of interest regarding marijuana and the city of Bessemer.
By IAN MINIELLY
Bessemer - Something was amiss from the get go. The council chamber was almost full fifteen minutes before the meeting was scheduled to start. By the time the meeting started every chair was full and people were taking seats and standing in the hallway outside council chambers. Most city council meetings draw about six people. Monday nights city council meeting in Bessemer had no less than 30 people and likely more.
To the Daily Globe, seated in the front row and witnessing people flow in, the air was electric and it felt like a lynching was about to happen. Then the meeting began and things went off normally with business as usual.
The council voted to give the Fireworks Committee $1,500. Charly Loper, city manager, said the city could float a bond to cover the cost of demolishing the Keating building through the Downtown Development Authority, which was supported by the council. The council agreed to fund a contract for internet at the water plant and John Frello, Linda Nelson, and Kathy Whitburn all agreed to take funding provided by the state on March 23 regarding medical marijuana and municipal government.
Things were progressing, much as they do every meeting as the council moved into new business.
-Ordinance 348, The Uniform Traffic Code was given its first reading,
-Loper was granted permission to attend training in Houghton May 11 and 12,
-109 First Avenue has a fresh hole in its roof, Loper sent them a letter Jan. 3 regarding the hole and need for repairs, and due to the lack of response asked the council to condemn the property on March 20.
-A discussion on ensuring the police and fireman retirement fund maintains its ability to cover the three remaining people was discussed and tabled until additional information is available regarding risk, amount under control, and expectations,
-The International Property Maintenance Code was brought up as an example for the city to follow. Loper informed the council the current blight ordinance has too many holes and they needed to tighten up the legislation so properties could be moved against in a more timely manner with greater expectations of results.
-Whitburn brought up social media and asked Loper to prepare a formal document for rules for the city to follow as they are expanding the social media presence, and then the fireworks exploded.
Whitburn provided the floor to city attorney Mike Korpela who stood to address the council. Korpela announced Sheriff Pete Matonich had sent an email to the city council and city manager regarding whether Korpela should remain as city attorney as Korpela & Kauppi Law Office also represent local businesses involved in the medical marijuana trade. In regards to this accusation Korpela stated there is no conflict as the city does not have a charter regarding this topic and he only provides legal council, not opinions.
Linda Nelson entered the conversation to say loyalty and confidentiality were at risk to have the city lawyer also representing private business the city works with.
At this point the pot over boiled. Those in attendance were made aware the sheriff's department had recently visited the former "Big Dollar" store where a current medical marijuana business is in operation. The police were granted access and there was not anything amiss.
The police also visited Richard Duncanson's medical marijuana facility in the industrial park and after knocking on the door, were not granted access as no one answered. After fifteen minutes the sheriff's department left, having placed a call to Mike Korpela, the attorney for the Duncanson's. Nelson stated there is a huge conflict of interest for Korpela to represent Duncanson and the city if the sheriff has to go through the city attorney to inspect a local business.
Korpela informed the council and residents in attendance that patient confidentiality was violated when Sheriff Matonich provided unredacted documents to Linda Nelson in response to a Freedom of Information Act request regarding the sheriff's office narrative reports following the unsuccessful visit to the Duncanson's
At this point, information that was common knowledge due to the widespread availability of Facebook in Bessemer, but had not been brought up, was disclosed. Nelson had taken the narrative reports from the sheriff's office and posted them on the Facebook machine, possibly violating Michigan law, the Medical Marijuana Act, and also HIPPA statutes according to Korpela. Furthermore he said the disclosure of this information may constitute a misdemeanor charge, six months in prison and a $1,000 fine.
Korpela also said the conflict of interest allegations against him by the Sheriff's office and Nelson were without merit under current statutes. Korpela said, "It is not my job to make a call on the size and expansion of marijuana licensing and facilities act. The city council makes the call on whether to allow marijuana, not the city attorney."
Korpela warned Nelson she may be receiving inquiries from her employer pertaining to the disclosure of patient information.
Sheriff Matonich addressed those present by saying, "I stand accused of a crime by attorney Korpela." Matonich said when he received the FOIA request he approached the prosecuting attorney about what actions to take and the prosecutor said to release the narratives. Matonich said he also approached Frello regarding the FOIA request and wanted to inform the council so he sent the initial email.
Matonich said he did not do a "rogue thing" and corresponds with the council regularly. He then addressed Korpela's accusation regarding his breaking the law and said, "Your accusations about me breaking the law will be addressed by someone else and I am sure they will be."
In what appeared an attempt to diffuse the situation, Frello said, "...when this all comes together we will have to work together. Pete's (Matonich) release of information was not part of a hidden agenda by the sheriff."
Whitburn opened up by saying, "Some of the remarks released to council could be misconstrued. Personal perspective (was) inserted into professional matters."
Matonich rebutted Whitburn by saying, "the release contained factual information, not opinions," and alleged the city is receiving biased information from Korpela and "a lot of stuff is based on the poor advice (offered) in the beginning."
Whitburn said, "We need to be cautious when we say things, as it damages the entire community." Whitburn iterated this is a law enforcement and business issue, not a council issue. Following this a debate between Korpela and Nelson over the use of dispensary in the original language ensued, which prompted Pat Coleman to engage the conversation.
Coleman said, "Duncanson has said come over anytime. Law enforcement went to the business, knocked, and no one answered. If he has nothing to hide let them in." Coleman informed the council he is developing a sour taste in his mouth because law enforcement was not allowed onto the premises.
Law enforcement does not have 24 hour access to current medical marijuana growing facilities. Medical marijuana facilities serve five licensed patients and without probable cause, the police do not have automatic access according to Korpela. "if the city adopts an ordinance law enforcement could gain 24 hour access to the businesses."
Nelson brought a motion to the council for the city to hire a new attorney as it relates to marijuana due to the conflict of interest with their current attorney. Coleman and Nelson supported the motion while Frello and Whitburn were opposed. The absence of Al Geiss from Tuesdays meeting resulted in a lock and failure of the motion to pass.
Tempers were high, accusations were flying, and lines are being drawn. During public comment, one couple that recently moved to Bessemer and run a coffee business in Minnesota, expressed a lucid sentiment. If the city is going to pursue and attack legal businesses for conducting business, they may not move their business to Bessemer because what would protect them if someone did not like their coffee aroma.
This is not the end of the matter. Arguments regarding the legality of the release and potential violations of HIPPA are probable and the planning commission has still not even made their recommendation to council.
