After three hours of discussion, VBT board delays Frazier penalty

After almost three hours of pointing out every irritating thing Van Buren Township Trustee Sherry Frazier has done since she was elected — besides being arrested for shoplifting on New Year’s Eve — fellow board members put off her punishment until the next meeting, which is May 15.
At their regular board meeting April 17, VBT Supervisor Kevin McNamara asked board members to email him suggestions on the punishment so he could put a resolution together for them to consider May 15.
That was after the board voted, 4-2, on a motion by McNamara, seconded by Clerk Leon Wright, to find her guilty of violating the board’s ethics policy by being arrested for retail fraud, failing to notify the supervisor that she had been arrested, and taking credit for writing a story about VBT for the Michigan Township Association magazine.
Voting yes were McNamara, Wright, Treasurer Sharry Budd, and Trustee Reggie Miller. Voting no were Trustees Paul White and Kevin Martin. Frazier was not allowed to vote.
Supervisor McNamara had wanted to punish her at that meeting and made another motion himself, to cut off township funds to Frazier for the year so she couldn’t attend the Michigan Township Association convention, April 23-26 at Grand Traverse Resort, and embarrass other board members as people from around the state pointed her out. But, he got no support for his motion.
He said he has learned he could make a motion during a meeting, so he made those two motions himself.
Trustee Miller had moved her regular seat at the board table that night before the meeting started, apparently because she didn’t want to sit next to Frazier.
Trustee White said he was against denying her training essential to all trustees and officials.
“I think we should leave it as it is and move forward,” said Trustee Martin.
“We tried this,” McNamara said. “Somebody called Michigan State Police and said Adam Byrd ran illegal LEINs on Frazier.” He said Officer Byrd was investigated and exonerated.
“It wasn’t me,” Frazier said. “Get your facts straight before you throw me under the bus.”
John Delaney later said he was the one who called the Michigan State Police.
A Channel 4 cameraman recorded every minute of the two-hour-55-minute meeting and a reporter took notes.
VBT Police Officer Byrd, who said he was speaking as a resident, said he had been the one who called Channel 4 about Frazier, and he was proud of that. The news crew aggressively interviewed Frazier before the April 3 meeting about her arrest in Taylor, was at her arraignment in 23rd District Court in Taylor on April 4, and now was back.
Frazier’s possible violation of the ethics policy was the only action item on the agenda that evening, until it was changed to include an amendment to the meeting conduct policy to allow for the procedure McNamara wanted. That was to allow each board member, except Frazier, to speak for ten minutes uninterrupted, each outlining their problems with Frazier, allow Frazier to speak for 20 minutes to defend herself, hold a board discussion (without Frazier), make a motion, and then consider discipline.
The VBT agenda allows public comment on agenda items only before agenda items are discussed.
Resident John Delaney, secretary of the VBT Local Development Finance Authority, said Frazier was given 20 minutes to speak while the rest of the board members pile on her for 60 minutes.
“You created this,” Delaney said to McNamara, adding he required Lt. Charles Bazzy to report to him and the “cut and paste” ethics policy was like a tenth grader would do on an essay.
He said the ethics policy being used is for employees and appointed officials, not elected officials and the item being used, Item 12, is about outside employment. He said they manipulated the language to fit.
Delaney charged the board paid its township attorney for 15 years for nothing since he didn’t give them proper legal advice.
“You can’t kick anyone off the board,” Delaney said, noting there was a large number of voters who elected her in the last election.
“This is a dog and pony show,” Delaney said. “It hasn’t been adjudicated and it can’t get adjudicated until May.”
McNamara had asked board members to
write out their complaints about Frazier.
“This kangaroo court needs to stop,” Delaney said and McNamara shut him down for speaking more than the three minutes allowed.
Next speaker was Police Officer Adam Byrd who said he called the media and said, “I believe political figures live in glass houses … I believe your employees are watching … Ms. Frazier, I worked with you on the Public Safety Millage campaign … Two previous times of retail fraud and possibly a third … I ask you to step down.”
A woman who did not give her name said if she speaks out she’s worried she’ll get a ticket from Officer Byrd. She said she feels he should not be involved and the board should not be so vindictive.
John Knappmann, an attorney speaking on behalf of Trustee Frazier, said she has not been convicted of anything. He questioned the board about to consider voting on a procedure so they can act on it. He questioned them beating up on someone who is innocent until found guilty.
He said governmental officials like the board members should support the Constitution that says innocent until found guilty and not pursue personal political vendettas.
He said if she is found guilty they can punish her. But whatever they do today, will they take it back if she is not found guilty?
“I think not,” he said.
“You already made up your mind without any discussion,” Knappmann said.
McNamara said the special procedure was presented in the packet ahead of the meeting.
“We make a good point,” said Frazier. “I don’t see how you have 60 minutes and I have 20. And then, you have as much time as you want to discuss and I can’t defend myself.”
Carol Jones, who said she has lived in the township for seven years, said she heard the news about Frazier on WJR radio and saw the story in the Independent about the storm brewing.
She said the seriousness of the situation is “stealing” and “you don’t do that.”
She said there is dissention between board members, but you can’t be in a bubble in your private life … “You break the trust when you get involved in something like this … You should step down based on that … You have to be above all the other citizens.”
Trustee White said the new agenda with the added amendment was placed on the table just before the meeting and the agenda he got doesn’t have that new procedure to process Frazier.
McNamara said White received one and Wright said they sent it on Friday. White insisted he didn’t get it in his box.
In the 5-2 vote to approve the addition to the agenda that outlined the way to list her wrongdoings, White and Frazier voted no.
White insisted the amended agenda was not in his mailbox and McNamara retorted, “You have that problem a lot.”
“No, I don’t,” White replied.
“To say we had it over a week is incorrect,” Frazier said, adding she got it on Friday.
McNamara said to Frazier that the previous Wednesday she said 20 minutes would be enough for her. Frazier replied, “You didn’t say you were having a resolution.”
McNamara said he had to have it to have the procedure for the meeting.
Frazier accused McNamara of having an exclusive board that excludes certain members of the board from information.
“You told me in the assessor’s office that you have four votes …” Frazier said to McNamara.
“I had four votes who wanted this meeting at once and I put it off until after the arraignment,” McNamara said.
After the vote approving the procedure, McNamara read his lengthy complaint against Frazier and showed a clip of the March 6 meeting where Frazier took credit for a story in the MTA magazine.
When the clip didn’t show properly, McNamara bellowed out, “Allie!” calling the director of the video department to come from her station down the hall fix it.
“To be fair, Trustee Frazier said two weeks later that she was kidding,” McNamara said. (Actually, Frazier was in the township hall at 7:30 the next morning to apologize to the actual author of the story, Lisa Lothringer, who was out due to surgery, and to seek out DDA Director Susan Ireland, who was away at a conference.)
Then the complaints came from the board members.
Clerk Wright complained that Frazier pushed him. He said he waited 20 days for an apology and then reported it to the Human Resources Department. On March 13 he filed a police report. He said Frazier admitted she “shoved me aside” in the Independent.
At that point, Wright’s wife applauded her husband’s remarks, along with Jones who was seated next to her.
Treasurer Budd read the letter she wrote complaining about Frazier’s lying and shoplifting.
Trustee Martin said the allegation of pushing and taking credit for the article was not enough to say she violated the ethics policy.
“I have struggled with what to say tonight,” Martin said, noting he has watched Frazier’s behavior and, “You flipped my name over” because you didn’t like the way they were seated at their first meeting.
“You’re struggling with something and we would help you if you would just reach out for help,” Martin said.
Trustee Miller read her letter of complaint and said the board needs to set standards and it’s not OK to shoplift. She said in the police report from Taylor Frazier admitted to it. Miller said Frazier did not uphold high standards and lacks sound judgment, and, “I believe she is guilty of misconduct in office.”
Miller said she was with Frazier when the alleged pushing of Wright occurred and, “I did not see Ms. Frazier push Leon Wright. She put out her arm…”
Trustee White said Frazier is innocent until proven guilty and, “I think this is premature … We should not be sitting in judgment … In the U.S. you’re always innocent until proven guilty … She is very outspoken and is not afraid to challenge any member on the board…”
He said in court if there is not a unanimous guilty vote by the jury, there is no conviction.
White pointed out Clerk Wright did withdraw his assault charge against Frazier after her criminal background check was run.
“This board is supposed to decide a penalty, but there is nothing in the policy,” White said. “We are going to make up a penalty blah, blah, blah … It’s in violation of the ethics policy to create a penalty … The penalty is the residents. It’s up to the residents to determine a penalty. We have to always remember we work for the people.”
Supervisor McNamara took his turn to critique Frazier’s actions. He apologized to the community.
“We would not be here if she apologized, accepted personal responsibility and taken time off to get some help,” McNamara said. “She has dragged this entire community into the mud…”
He said the argument at the first meeting over the seating arrangement caused them to set up team building workshops. She has been more abusive since Macy’s and her actions are escalating causing all but one board member to come to him and some feared for their own personal safety, he said.
McNamara said on Feb. 22 he sent a private letter to Frazier asking her to mend her ways and not hit people and that was before discovering the Macy’s incident.
Treasurer Budd had complained about an uproar she said Frazier caused in her department and McNamara said, “You were way out of bounds when you screamed.” He said she had just attended a Respect in the Workplace seminar.
“You can’t hit board members,” he said. “I thought this would end it.” He repeated that Frazier lied about the article.
Wright repeated that he contacted the police department.
McNamara said the township never adopted a policy on misconduct in office.
He listed four things he felt violated the ethics policy: pushing Wright, repeatedly taking credit for the MTA article, failing to notify the supervisor of her arrest, and the Dec. 31 act of shoplifting.
“I believe she has an issue that needs help,” McNamara said. “She walked by 10 cashiers … She admitted she stole the items.
“It has pained me to write this down. This board will not tolerate this…” he said.
Then, it was Frazier’s time to respond.
“I’ve really been dumped on, accusation after accusation,” she began. She said when the incident with Wright occurred, four board members were walking through the door and Wright turned around abruptly. Frazier said she said, “Please, get out of my face.” Then, she brushed Trustee Miller and exited out the other door, she said. She said Wright has two versions of what happened and one was on the police statement.
She said someone asked the Michigan State Police who had run LEINs against her. She said she had called the police about two dogs barking next door, one crying out. She said Adam Byrd pulled up in her driveway and was asking her questions about her middle initial and other details.
“Adam Byrd doesn’t like me … He has an interest in a business the township does business with … When you’re strongly outspoken, people either love you or hate you … I got along with the board members … This whole thing is a rush to judgment…
“I was advised by my attorney not to speak about the incident … and was told not to bring it to the supervisor until after you go to court … I said I would bring it to your attention after my court date.
“The vindictiveness is quite apparent … I took credit for the article. Trustee White knew I was being facetious … Two board members knew who published the article — Ms. Budd and Supervisor McNamara who sits on the DDA.”
She said Clerk Wright waited two weeks to report his accusation of assault.
Frazier said the Taylor and VBT police were shooting at Top Gun and Taylor said “We got something on Frazier” … The workplace violence report was immediate. He waited to do it. Now, this case is closed because Wright dropped the charges.
“Lt. Bazzy told me there was absolutely no credence to the charge by Leon. The prosecutor wouldn’t authorize,” she said.
She said Clerk Wright is upset with her for being against his out-of-country trip.
“He takes his wife with him … One meal costs $103… This caught my attention … He admitted it was for him and his wife … He is a 10-year, seasoned, elected official … He knows they should get separate checks … It was only after I brought it up … There were no questions by the supervisor or Treasurer Budd… His passport … no questions except from myself … Miller and White thought it was unnecessary to pay for an employee’s ID … after four months, he finally paid for it …”
She said nowhere on the voucher list did it say he reimbursed the township for the meal.
“You’re stealing from the township coffers, and Supervisor McNamara and Treasurer Budd are cohorts … I’m all for education … I served on the school board for 16 years, proudly … To say I don’t approve of the clerk getting education is wrong … Supervisor McNamara, I’m disappointed in your demeanor…”
She said at the recent Chamber of Commerce event at WCCC, McNamara showed a promotion for the township that had one bad picture of the board and a picture of Wright as Man of the Year on the cover of Time Magazine and a caricature of Budd dancing.
She said Supervisor McNamara is coached by Treasurer Budd, who really runs the township, and they say to Clerk Wright, “Do whatever you want. It’s no problem.”
As to the incident in the treasurer’s office, Frazier said she and Deputy Treasurer Sean Bellingham had just gotten out of a class together. She said she asked for Budd, but she wasn’t in. She gave her personal phone number to the clerk and asked Bellingham to call her.
She said then she got a call from McNamara demanding she go through normal channels to get information from the treasurer’s office. She said they know who put in the complaint.
Frazier said as a realtor she had a problem with a client’s property and she wanted to ask Bellingham who he uses to clean his septic tank.
Frazier said Budd complained and the next day Budd said she told Matt Best. She said Frazier had to go through Dan Selman, McNamara’s assistant.
Frazier gave some of her time for comment to her attorney Knappmann, who said he worked in government for 25 years and had been with the prosecutor’s office.
He said he remembers when McNamara first got elected and when he was on the Schoolcraft Board. Knappmann said he was on the township board in Brownstown.
He said if he had a client accused of something, he’d have to get an order from a judge to get the police report from the police department. But somehow a copy of the Taylor report was distributed to the public free of charge only to embarrass Frazier.
He said the same law firm that gives municipal advice in Taylor and VBT was going to prosecute Frazier. After talking to them, now another firm Taylor uses will be doing the prosecution.
He said the township is spending lots of money on this board prosecution of Frazier and Frazier had to do her own spending.
He said the board is saying: “We don’t like her and we want to recommend this.”
Then the board discussion began, with Wright saying he gave Frazier 20 days to apologize and she didn’t and Frazier replied, “I didn’t push you.”
Wright said he didn’t withdraw the charge and then talked about how honest he is.
Budd said she told Selman “if you see Sherry” tell her to go through the proper channels.
After discussion of the charges the board passed a 5-2 motion to find her guilty of retail fraud on Dec. 31, failing to notify the supervisor about it, and taking credit for the MTA article. Then it went into the penalty phase of discussion.
McNamara said there are not a lot of penalties available to them. They can’t remove an elected official from office unless the state gets involved.
He said they could formally censure her or make a statement that she will not represent to speak on behalf of the board, remove her from the Water and Sewer Commission that McNamara had appointed her to, and take away any travel or education funding.
“The community is in such an uproar,” McNamara said. “She doesn’t realize.
“I’m not going to a MTA seminar … It would be the talk of the convention … embarrass us … They will point to her and say there she is…” he said.
“I’d love to see some progress,” McNamara said of the penalty phase.
That’s when Frazier apologized.
“I regret that I find myself embarrassing my family, my friends, and the township… My dad always told us an apology takes courage because people may find it as a sign of weakness … shows my vulnerabilities … people on the board used blackmail to get me … I was fully intending to let the supervisor know after my day in court … I have dedicated my life to serving in education in the community … I’ve learned a valuable lesson … It’s not how we make mistakes, but how we deal with them … We have to step up … I still believe mistakes are forgivable … Tough things happen and you have to rise above it… It’s how we use our lives that counts….
“All I can do is apologize. I have not had my day in court. I have sought counseling to understand why this happened… It takes a big person to forgive. I’m asking board members and the community to forgive me…
“It’s important to not let people down … I humbly ask your forgiveness … I want to rebuild your trust … My goal is to move forward. I haven’t come this far to run the other way… VBT is the best community to raise a family in…”
She said early in her career as an elementary school teacher she brought the Berenstain Bears to her students. In one book it said: “It’s never too late to correct a mistake. We all make them.”
“I believe I made a difference before in this community… I’m committed to serve my community and help make a difference,” she concluded, with tears flowing.
McNamara asked if she wanted a recess and she said she did and he called a recess at 9:06 p.m. McNamara went to confer with his attorney. Frazier talked to hers.
When they reconvened at 9:15 p.m., McNamara reminded them they were still in the penalty phase.
“We just had an apology to the community and she’s getting counseling,” McNamara said. “Should we put it off until after the trial?”
But, McNamara made the motion to revoke payment of her expenses to attend the MTA convention and for a year and Frazier asked if she could pay her own way.
“I can’t stop you if you pay yourself,” McNamara said, and Delaney called out from the audience that he would pay her fees.
Wright said it makes no sense to say you won’t pay if she can pay for herself or somebody else can pay.
“Sounds like we have a split board,” Wright said. “We’re not having a trial …
not trying to cause harm to anyone … she should go to the MTA and listen to what it teaches and come back to do it … her accusatory statements are not true … If we can’t treat each other well, how can we treat our constituents well?”
He said the “I got you” moments have got to stop. “I’ve always believed in second chances and challenge the board to speak to each other … Tuesday at 7 p.m. is not the time…”
Miller said she agrees that Trustee Frazier violated the policy but she should be allowed her day in court.
McNamara withdrew his motion for lack of support.
“I believe no penalty is not right,” he said.
White said he would like to see 7-0 votes most of the time, but to prevent “gotcha’s” people shouldn’t put themselves into that position. He said the board would be lacking in denying her education.
McNamara then said the penalty phase actually was a discussion item for the public to weigh in and to prepare a resolution to consider at the next meeting.
“The board appears to want to wait until after the court session,” he said. “Everyone knows there should be a penalty, but I don’t have support.”
“We voted a violation occurred,” Wright said.
“She cannot be removed for this,” McNamara said.
Delaney said the board has tied a noose around her neck and will drag her around until May.
“I’m an appointed official in this township and I don’t have to follow this policy,” Delaney said. “It only works for at-will, appointed, and employees … What you need is a new policy that says elected officials. Not give her money to do her job? Shame on you,” Delaney said.
He said the situation with Greco and Associates shows a lot of garbage is going on, referring to someone from the township’s law firm being the one to prosecute her in Taylor.
“Get it done tonight or next week and be done,” Delaney said.
Adam Byrd said there does need to be a penalty. “Wrong is wrong and discipline has to follow.”
The unidentified lady asked the board members to look into themselves before doing any penalization.
Delaney said Byrd can’t say he’s not here as a police officer, since police officers are police officers 24/7. It doesn’t work to say he’s talking as a citizen, he said.
Former VBT Public Safety Director Carl McClanahan said police officers have rights. He said it is his opinion they have a policy for salaried personnel. He recommended they put together a tight board policy because this policy is so loose.
“I’m not in favor of waiting until May,” Miller said, saying it should be placed on the next agenda. (Actually, the next regular meeting is May 15.)
Wright agreed with Miller, saying he didn’t think what they were doing had anything to do with the court case.
“I would ask for an apology for that incident,” Wright said.
After more discussion, Miller said the MTA teaches not to make decisions late at night and since it was almost 10 p.m., she suggested they not vote then. The meeting adjourned.
The only VBT board meetings in May are 4 p.m. May 14 for the work/study session and 7 p.m. May 15 for the regular meeting. The last two work/study sessions were cancelled by McNamara.