Former Van Buren Public Safety Director Jerry Champagne, who was fired a year ago, agreed to dismiss his federal civil rights lawsuit against VBT after a confidential, out-of-court settlement amounting to $475,500.
Of that amount, Champagne gets $305,000 and his attorney, Seifman & Guzall, gets $152,500.
Champagne’s law suit had asked for $1.1 million.
Under the settlement terms, parties to the agreement (township officials and Champagne) are not allowed to discuss the settlement, but the agreement is available through the Freedom of Information Act.
The terms of the settlement include Champagne releasing the township from all claims, which had included a variety of charges stemming from his firing. The township does not admit any liability or wrongdoing and the agreement states VBT entered into the agreement “solely for economic business reasons.”
Also, under terms of the agreement, Champagne is barred from applying for future employment or seeking any contracts from VBT “while the current administration remains in office.”
Also, Champagne’s personnel records will be altered to say he resigned from his job and left his employment “in good standing.”
In addition, VBT shall provide to Champagne’s attorney a letter on VBT stationary stating, “Gerald Champagne, a former employee of the Township, resigned from his employment and left his employment in good standing.”
Also, Champagne will direct all potential employers who seek to confirm his prior employment with VBT to the Township’s Human Resources official who will provide only Champagne’s dates of employment, position held, and last rate of pay.
In the event the parties to the agreement or their attorneys get an inquiry on the status of the case, the confidentiality clause of the agreement states the response shall be: “The case has been resolved” and offer no more information unless compelled by subpoena or other law to do so (such as FOIA).
Champagne signed the agreement March 15 and Township Supervisor Paul White signed on March 23.
After he was fired in May 2009, he sued the township, Supervisor White, and trustee Al Ostrowski, with claims that he was fired to make way for a black person in the job.
Champagne’s dismissal fired up a recall movement already under way, pushed by township officials who lost their jobs in the 2008 election and their supporters. The recall attempt was supported by ousted Supervisor Cindy King, who hired Champagne and spoke on his behalf at his termination hearing. She also picketed Supervisor White’s residence advocating for the recall.
The recall drive was supported by VBT police officials, whose wives circulated petitions, picketed, posted signs in their yards and spoke out rudely at public meetings.
Despite all their efforts, the recall election in February was unsuccessful.
Federal Judge Marianne O. Battani signed the final order ending this case on April 13.
A federal case claiming racial discrimination has also been brought against VBT by four of Champagne’s supporters in the VBT Police Department: Ken and Dennis Brooks, Gregory Laurain, and Ken Floro.
The most recent action in that case is the township attorney’s answer and affirmative defense to the complaint, filed April 16.
More confidential settlements
While researching confidential, out-of-court monetary settlements by VBT since 2008, theIndependent found the following.
Columbia settles for $737,500
On March 17, 2009, Van Buren Township settled out of court on a federal law suit brought by Columbia Properties, developers of “The Pines,” for a total of $737,500.
Co-defendant Wayne County also settled out of court five months later for an undisclosed amount.
The dispute revolved around 129.67 acres of property at the northwest corner of Hull and Martinsville roads that the Boughan family wanted to sell for a condo development. The property had been the family’s tree farm.
In late 2003, Columbia Properties became interested in purchasing the property. At the time the owners were challenging VBT’s zoning classification of the property in Circuit Court.
After long negotiations, on Oct. 15, 2004 a consent judgment was entered by the court. The court rezoned the AG (agricultural/estates) that required a minimum of 1-acre lots to R-1A and approved a Planned Residential Development, based on a site plan for “The Pines” dated June 10, 2004.
The court approved the preliminary site plan and the township was directed to review the site plan for technical compliance and then, “the site plan shall be approved.”
The Pines included 254 condo sites, with minimum lot widths of 61’x105’ and setbacks of 30’ front, 20’ rear, and 15’ total side, plus 39 acres of open space. The roads were to be built to county specifications and turned over as public roads, but that part of the deal became a minor problem and needed to be changed because the county didn’t want the condo roads.
Nancy Boughan/Columbia Properties agreed to provide for sewers and pave one approach to the development, either 3,200’ of Hull Road, from Sumpter to the development entrance, or 2,200’ of Martinsville from Savage to the development entrance.
This consent judgment was signed by Supervisor Cindy King and Clerk Joanie Payne.
Columbia closed on a 2-year land contract on the property on Jan. 28, 2004, which had to be paid in full on Jan. 28, 2006.
Then it wanted to start building its development, but ran into a maze of different directions from VBT officials Bryce Kelley and Patti Duha, and constant changes in direction by Wayne County engineers and officials.
One of the disagreements was over sewer service and the federal law suit said Kelley told Columbia pumping stations would be fine, since there are several others in the township and there was no problem. Then, Kelley said there was a problem with pumping stations.
Columbia said its engineering drawings were completed following the guidance of the county. Then, the sewers that were engineered for the edge of the county right of way in line with sewers to the west on Hull and to the north on Martinsville, were said to be in the wrong place and needed to be instead in compliance with the county’s master plan for those roads, in thefuture right of way.
Columbia was told by the county to buy private property from residents along the route for placement of the new sewers, then when that didn’t work out, the county offered a deal. The county said it would allow Columbia to put the sewers in the right of way (as they were already designed by the developer), if Columbia would pay for paving Hull from Sumpter to Martinsvilleand Martinsville from Hull to Savage, improving the intersections.
The lawsuit claims the county offered to do the roads for Columbia at an approximate cost of $625,000 per mile.
Columbia offered a letter of credit for the 1.75 mile of asphalt paving, at that rate.
Then, Columbia claimed, the county changed its offer to only paving the road and having Columbia prepare the roadway.
According to court documents, the county also demanded cash of some $1.25 million for the 10-year standard road it would pave and would not accept a letter of credit.
According to court documents, Columbia was told by a township official that the county wanted the cash to use on other projects and could delay the VBT paving for several years.
Columbia told the court it felt “whipsawed” between VBT and the county, with constant changes and officials being unavailable to discuss things.
Before being stopped by the county, Columbia said it had all the permits and approvals, and had even gone out for bids and was ready to go in the spring of 2005.
Columbia claimed VBT and Wayne County worked together to extort extra paving from the developer, above what the consent judgment required.
The suit was filed in federal court because the Equal Protection Clause of the 14th Amendment protects “… from irrational, discriminatory, and arbitrary government behavior.” The developer said the township and county prevented Columbia from developing and selling lots and homes and caused him to lose income.
Howery settles for $200,000
Lavince Gilbare Howery, a resident of VBT, sued the township in 2007 after a 2005 incident in which he was shot while getting out of his car in his own garage by a probationary police officer, who called out “I’m sorry,” which was recorded on the police car videotape.
The suit was settled for $200,000 in a confidential, out-of-court agreement with the township signed Oct. 6, 2009.
When the settlement was divided up, under a court ordered final stipulated order of settlement, Howery received $125,678.19. Attorney David Robinson received $60,339.10, attorney Hugh Davis got $5,000, and attorney Jamie Ryke got $5,000.
The court records say Howery had rejected pre-suit mediation of $200,000.
The suit was filed in circuit court, amended and sent to federal court, which sent it back to circuit court, where it finally was settled last August.
The case was against Officer Charles E. Bazzy, Officer Jennifer Ann Derosia and VBT.
At about 11:45 p.m., Oct. 14, 2005, Officer Bazzy was supervising probationary Officer Derosia when Derosia had to slam on the brakes of the squad car to avoid hitting Howery, who had pulled out of Walden Drive onto Tyler. The officers said they attempted to stop Howery’s car after it allegedly rolled through a stop sign at Tyler and Morton Taylor roads and a series of other stop signs as he headed home through a subdivision. Officers claimed Howery refused to stop and they followed him to his home, with lights and sirens engaged, where he drove into his open garage on Stratford Drive.
Both officers approached the car with guns drawn, with Bazzy calling out twice to Derosia, “Don’t let him get to the door.” Bazzy testified he repeatedly demanded that Howery show his hands before getting out of his car. After Howery allegedly refused to show officers his hands and started to exit his vehicle, Derosia shot him in the back upper arm.
Meanwhile, Howery was honking his horn to get the attention of family members in the house.
Bazzy filed a report saying Howery was weaving while driving, had bloodshot eyes, slurred speech and strongly smelled of alcohol, but his supervisor Sgt. Mike Moening reported he did not smell intoxicants. Police got a warrant to take his blood and a blood draw showed no evidence of alcohol. The squad car video showed no weaving, but did show him slowing and rolling through stop signs.
Police said Howery was detained but not arrested at the time. About seven months later, Van Buren police charged Howery with fleeing and eluding in that incident, and Howery’s attorney claimed the arrest was “an attempt to cover up their gross negligence.” Howery was convinced to plea bargain that fleeing and eluding felony charge to a fourth-degree misdemeanor of attempt to flee and elude.
Derosia lost her job, but soon after the incident, Bazzy was promoted to sergeant. As part of the settlement, Bazzy was removed as defendant from the action.
Davis settles for $33,000
In a second law suit involving a police officer, Jeffrey Davis sued VBT Police Officer Carrie Traster and the case was settled out of court for $33,000 on Dec. 1, 2009. The demand was for $2 million.
According to documents in federal court, the incident occurred Feb. 19, 2005 when Officer Traster arrested Davis after responding to a domestic violence call. She handcuffed Davis and put him in the back seat of her patrol car.
Court records show Davis said he allowed himself to be handcuffed and was not struggling. He told her he had a heart condition and was having a hard time breathing.
She took him to St. Joseph Canton Health Clinic and when they arrived he was lying in the back seat in handcuffs. He said he told her he was weak and dizzy and she reportedly replied that it was all in his head and ordered him to get out of the car.
Court documents allege he struggled to get out and she grabbed him and slammed him onto the ground, thus causing severe and permanent injuries.
Davis claimed Officer Traster said, “That’s what you get when you go around beating up on women.”
The suit claimed excessive, unreasonable, and unnecessary force when no such force was justified.
Davis claimed physical and mental injuries. He claimed damage to his head, neck, back, disc, shoulders, arms, legs and aggravation of pre-existing conditions. The injuries were continuing and permanent in nature, the suit claimed.
Officer Traster’s attorney Ethan Vinson denied Davis’ version of events. (Officer Traster now serves on the VBT Police Department Traffic Unit.)
“Although the [law] Firm does not believe that Officer Traster did anything wrong, there is always a risk at trial of sympathy towards a plaintiff who has been totally disabled since the date of the incident,” attorney Eileen Husband wrote on behalf of Vinson.
Husband’s memo of Dec. 15 also notes that Vinson and the insurance carrier (Michigan Municipal Risk Management Authority) recommended the township settle for $33,000 for a final release of all claims, without accepting liability for anything.
She notes the township’s self-insured retention is $75,000 and attorney fees to date on that case were $64,000. This left about $11,000 of the $33,000 settlement for the township to pay out of its own funds, with the rest coming from member funds on deposit with MMRMA.
Continued litigation would cost more than the proposed settlement, attorneys told township officials.
Arrow Uniform settles for $17,000
The township board held a closed-door session on April 19 to consider the Arrow Uniform – Taylor claims against VBT and the next night, April 20, at its regular meeting voted unanimously to follow its attorney’s recommendation to settle the dispute for $17,000 in a confidential agreement.
The dispute grew out of a Service Agreement that began Feb. 2, 2004 for uniform services. The agreement allows Arrow to continue to provide mats to the “Van Buren Township Fred C. Fischer Library” under the 2004 contract, as extended.
The payment settles the dispute, over the agreement termination but the township does not admit any liability.
Franklings settle for $55,000
Also at its April 20 meeting, the VBT board of trustees voted 4-2 to pay David and Linda Frankling a sum of $55,000 to settle their seven-year dispute with the township over the garage built next door to them on Harmony Lane that did not follow township ordinances.
The board split in the usual way, with the board members that kept their jobs in the last election voting no (Hart and Budd) and the newer elected members voting yes (White, Wright, Partridge, and Ostrowski). Trustee Jeff Jahr was permitted to abstain because he is part of the Zoning Board of Appeals that will make a decision on the variance for the new garage that will be constructed once the old building is partially razed.
In September, the board asked the Franklings for a breakdown of their damages and on Sept. 15, their attorney John Day presented a two-page list totaling $1.3 million and an offer to settle all claims for $95,000. The board met several times in closed session to discuss the matter, but took no action until April 20.