Oakland Co. commissioner files report over controversial contract

An elected chief from Oakland County needs a felony investigation right into a contract debacle wherein a county worker’s firm acquired a six-figure public deal.

Commissioner Michael Spisz, the highest-ranking Republican on the Oakland County Board of Commissioners, filed a report with Sheriff Mike Bouchard’s workplace on Wednesday, Oct. 29.

He mentioned he famous within the felony grievance {that a} non-public regulation agency employed by the county to analyze the circumstances surrounding the contract decided there was a violation of the regulation. Whereas key officers within the workplace of Oakland County Government Dave Coulter, a Democrat, mentioned at a latest fee committee assembly that they didn’t consider a felony referral was mandatory, Spisz disagreed.

“One of many few methods I perceive to analyze violations of state regulation is to undergo a police division,” Spisz mentioned in a phone interview.

Steve Huber, a spokesman for Bouchard, confirmed that the sheriff’s workplace has acquired the report however declined additional remark.

In an announcement, Coulter spokesman Invoice Mullan defended the province’s response to the regulation agency’s findings however mentioned the province would cooperate with any regulation enforcement investigation.

“Oakland County residents and taxpayers have the best to transparency and accountability within the county’s operations,” Mullan mentioned, including that the Miller Canfield investigation confirmed no intent to defraud the county.

“The county stands by the findings of the impartial investigation, has applied corrective actions and stays totally dedicated to cooperating with any additional evaluations regulation enforcement might undertake. The disciplinary course of for the workers concerned on this matter is ongoing. We are going to share extra details about the end result when the method is accomplished, which is predicted quickly.”

The controversy arose in July, when district leaders mentioned they acquired an e-mail from a whistleblower informing them of the problematic contract. An organization referred to as ZaydLogix acquired a $450,000 deal for IT providers, regardless of the proprietor additionally working as an IT skilled for the county.

Whereas leaders shortly rescinded the contract, Chief Deputy County Government Walt Herzig and Deputy County Government Sean Carlson advised commissioners that they had determined to herald regulation agency Miller, Canfield, Paddock and Stone to analyze.

The regulation agency decided that there was a violation of the regulation, according to a summary of the findings launched Tuesday, October 21.

“The ZaydLogix contract violated state regulation and county coverage,” reads a part of the abstract of the regulation agency’s report.

The report did not specifically mention this the regulation they consider somebody has damaged or the potential punishment. However Commissioner Brendan Johnson mentioned on the Oct. 21 fee assembly that it was a felony offense for a public official to enter right into a contract with the general public entity that employs that particular person.

Herzig advised county commissioners after reviewing the “entirety of the circumstances” that they decided a proper referral to regulation enforcement was not mandatory.

That appeared to catch Johnson off guard in the course of the assembly.

“I am not a lawyer, however this can be a fairly black and white violation of state regulation,” Johnson, a Democrat who represents elements of Auburn Hills and Rochester Hills, advised Herzig.

Herzig and Carlson mentioned on the assembly that they’ve applied quite a lot of coverage modifications, together with extra coaching and requiring workers to substantiate they’ve learn the county’s conduct requirements coverage.

That is simply not sufficient, Spisz advised the Free Press on Wednesday.

“In the end, I need to see the whole Miller Canfield report,” Spisz mentioned.

Extra: Investigation finds that Oakland County IT contract awarded to worker’s firm violates regulation

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Mullan declined to launch the regulation agency’s precise report or findings to the Free Press final week, saying the province’s legal professionals say it’s “privileged.” Commissioners are additionally making an attempt to acquire the regulation agency’s full report. Spisz and two different commissioners advised the Free Press they haven’t but acquired a replica.

The Free Press has made a request beneath the Freedom of Info Act for the regulation agency’s findings – and never for any authorized recommendation or opinion. The province has requested extra time to evaluate the appliance.

The province plans to revisit the award of the controversial IT contract in January, Carlson mentioned. Mullan additionally confirmed that if ZaydLogix’s proprietor retires from the province by then, the corporate can be eligible to bid and doubtlessly obtain that contract.

In some jurisdictions, a former worker should wait a sure period of time earlier than returning to work as a contractor with the municipality. Nonetheless, provincial coverage requires the provincial fee to approve any cope with Zaydlogix, given the proprietor’s earlier employment within the province, Mullan mentioned.

The investigation comes amid broader questions on ethics in Oakland County.

Earlier this 12 months, the Free Press and others reported that Woodward additionally works for Sheetz, a gasoline station and grocery store chain. He lobbied members of the Royal Oak Metropolis Fee and different elected leaders on Sheetz’s behalf; Consultants say this blurs the road between his chosen function and private acquire.

Woodward didn’t vote on a difficulty straight associated to Sheetz throughout his time period on the county fee. However the Free Press discovered that Woodward routinely voted on issues associated to different non-public, political shoppers and a enterprise affiliate.

He isn’t the one one going through questions. Commissioner Angela Powell voted on points associated to the town of Pontiac whereas additionally serving as a metropolis worker. Commissioner William Miller, who serves as a union’s political director, voted on the county’s contract with that union. And Johnson, who additionally works as a legislative staffer in Michigan, often voted on issues affecting the Legislature.

Coulter not too long ago referred to as on the fee to implement new monetary disclosure guidelines and create an ethics “ombudsman” place, a clearinghouse for recommendations on potential unethical habits within the province.

Woodward launched a measure to create the disclosure system, a coverage that mirrors one supplied months in the past by Commissioner Kristen Nelson. The committee hopes to undertake coverage by the top of this 12 months.

Attain Dave Boucher at dboucher@freepress.com and at X @Dave_Boucher1.