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Nemecek told the Boyne Citizen that he was not involved in these text exchanges, but they were between two commissioners. Since the texts ask about “Marty and George,” they were apparently between City Commissioners Sandy Pritchard and Bob Farrell.
It was Farrell who made the motion, with Pritchard seconding, to terminate Cain’s contract “for cause” in the Commission’s March 11 meeting. Nemecek and Lasater said they were “blindsided” by the motion, but it eventually passed on a 5-0 vote. Cain was actually terminated the next day, March 12, after consultation with City Attorney Matt Cross.
When news of the lawsuit surfaced as part of the August 12 City Commission agenda, Nemecek contacted the Boyne Citizen to “add context” to the allegations about violating the Open Meetings Act. He said, “Our attorneys will address this matter through their court filings. Mike’s attorney does not have the full details or findings; he only has Mike’s perspective, which I and our attorneys believe is completely inaccurate due to his lack of access to all the facts and full details.
“I understand they are alluding to violations of the Open Meetings Act, but I can assure you, with 100% certainty, that no violation has occurred. I can say this with complete confidence because the City Attorney was consulted and confirmed that the OMA was being fully complied with through that process.”
Cain’s contract allowed him 30 days after termination “to contest such termination at a due process hearing before the City Commission,” and he filed an appeal on April 7. Mayor Nemecek told the Boyne Citizen that he and the city attorney had contacted Cain to set a mutually agreeable date for the hearing, but he said Cain did not respond.
Apparently, Cain did not respond with a meeting date because the city “denies or intends to deny Plaintiff (Cain) the right to call the commissioners as witnesses,” according to the lawsuit. That “effectively excludes essential testimony and information Plaintiff deems relevant.”
In addition, the complaint states that Cain requested his personnel file pursuant to state law, and the file was provided on April 21. It contends that since that date the city “has indicated reliance on documents and information not included in the personnel file, thereby contravening” state law.
In conclusion, the lawsuit requests a declaration from the court that the due process hearing provided in Cain’s contract “cannot be conducted fairly and impartially, and therefore, that Plaintiff is entitled to nine months of pay and benefits under the Agreement without further hearing.”
“In the alternative, if this court determines that such a hearing can go forward fairly and impartially, the Plaintiff requests a declaration from the court” that Cain has the right to call witnesses, including city commissioners, and that the city may not present evidence not mentioned in the March 11 meeting or not provided in his personnel file, unless consented by Cain.
> The City Commission has scheduled a special meeting closed session for 5 p.m. today, Tuesday, August 12. The agenda states that the closed session is needed “to consult with legal counsel regarding trial or settlement strategy in connection with specific pending litigation (Cain v. City of Boyne City) pursuant to MCL 15.268(1)(e) because an open meeting would have a detrimental financial effect on the litigating or settlement position of the City.” Further, the agenda states, the closed session is “for the purpose of attorney client privilege discussion.”
> The Commission’s regular meeting will be held at 7 p.m. tonight, Tuesday. Here is the full agenda packet, including the following items up for consideration:
- Appointment of Elle Cole as city manager
- Proposed easement at 647 Woodland Drive
- North Boyne apartment housing development
- Purchase of a fire truck tanker
- Engineering design services for reconstructing Call Street
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