Michigamme Township employee pension plan said to be out of money – and federal civil lawsuit accuses top township board members of many violations of law including embezzlement
By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433
(Marquette, MI) – An eight-count civil lawsuit has been filed in federal court raising embezzlement and other questions about the legality of the allegedly defunct Michigan Township employee pension plan – and accuses the township’s top elected officials of improperly handling the pension/retirement account through amendments and other actions.
Among the allegations in the lawsuit are numerous violations of Michigan law, breach of contract, violation of the Public Employee Retirement System Investment Act (PERSIA); breach of common law fiduciary duties; statutory conversion, and common law conversion.
“There are no assets remaining in the pension,” the lawsuit states. “at some point, the defendants dispersed all pension money.”
The federal civil suit was filed Thursday (Dec. 1, 2016) by former township DPW official Leighton “Jim” J. Carlisle, III and Jeannie L. Carlisle.
A similar suit was recently filed in Marquette County Circuit Court.
The suit seems to claim that the pension plan is out of money – and questions payments to several officials who were elected officials and also employees
The suit mentions pension amendment actions and payments involving township officials – including Township Supervisor Alvar Maki, Township Clerk Jean Howe (employed as secretary) and Township Treasurer Carla Skytta (also employed by twp.)
“The defendants’ conduct arises to embezzlement and/or converting property” for the township’s own use, the lawsuit alleges.
The Champion residents are seeking at least $25,000 in damages plus court costs and interest.
As a result of the actions of township officials, the suit alleges the Carlisles “have suffered and will continue to suffer substantial damages” involving the alleged loss of pension monies and attorneys fees.
At issue is the oft amended Michigamme Township retirement/pension plan set up for township board members and township employees.
Jim Carlisle worked for the township for 24 years (Aug. 1992 to Aug. 2016).
Jeannie Carlisle worked for the township for 14 years (April 1999 to Feb. 2013).
The township was supposed to put 7.5 percent of employee’s salaries into the pension.
In several instances, the lawsuit accuses the township and its officials of violating Michigan’s Constitution.
Issues include a 2015 amendment to the pension plan that the plaintiffs say violated state pension laws that cover government employees.
Read the lawsuit – and see exhibits and more details by click on these three links:
The 2015 amendment to the township pension plan “was designed to extinguish, limit, diminish and otherwise impair hired employee’s rights to pension money,” the suit alleges.
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Another issue was no “notice of a hearing” when the board amended the township’s pension plan, the lawsuit states.
“The defendant’s actions (against the Carlisles) were grossly negligent, recklessly indifferent, and/or arbitrary and capricious,” the suit alleges.
Jim Carlisle, Michigamme Township Department of Public Works:
http://www.michigammetownship.com/about-us/contact-us
http://www.co.marquette.mi.us/county_government/board_of_commissioners/docs/Packets/2013/Board_Packet___July_2__2013.pdfhttp://mqtcty.org/Departments/Manager/Files/2014.Annual.Report.MCSWMA.pdf
Jim Carlisle is a member of the Marquette County Solid Waste Management Authority (MCSWMA) representing a three-year county seat (appointed 2013) – according 2013 meeting minutes of the Marquette County Board of Commissioners meeting and from a MCSWMA meeting.
Michigamme Township info:
https://en.wikipedia.org/wiki/Michigamme,_Michigan
Michigamme Township is 144 square miles – and the western most township in Marquette County.
It borders Spurr and L’Anse Townships to the west, Powell to the north, Champion to the east, and Republic to the south.
The community represents the most significant populations concentration in Michigamme Township.
Several plats are being developed around Lake Michigamme for year around residence.
Michigamme Township
202 W. Main Street
PO Box 220
Michigamme, MI 49861
906.323.6608 (office)
906.323.6344 (fax)
http://www.michigammetownship.com
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Carlisle et al v. Michigamme Township et al
Date filed: 12/01/2016
Case Summary:
Demand: $25,000
Nature of Suit: 440
Cause: 42:1983 Other Civil Rights
Jurisdiction: Federal Question
Attachments:
Exhibit 1 – Summons
Exhibit 2
Complaint and Jury Demand
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Related info:
Plaintiff attorney:
Dominic F. Andriacchi, P.C.
Dominic F. Andriacchi
Dominic F. Andriacchi, Jr.
321 West Division St.
Ishpeming, MI 49849
906-486-4457 (office)
906-486-8551 (fax)
Editor’s Note: There are many lawsuits that taxpayers and other people never find out about that are discretely filed in Marquette County Circuit Court and other counties across the U.P.
Marquette County officials try to make very difficult for media to get copies of lawsuits and other public records filed in the Marquette County Clerk’s Office – it was different when there was a different longtime clerk Dave Roberts.– and charge 100 times what the feds charge for many public records.
In Marquette County another related lawsuit has been filed.
In fact, U.P. Breaking News encourages attorneys to send us copies of lawsuits they have filed in Marquette County – another way of stopping the gatekeepers from keeping secrets from the media.
Case: 16-55135-CZ in Marquette County Circuit Court
Defendants: Michigamme Township, Michigamme Township Supervisor and the Michigamme Township Clerk
Represented by Brian Mark Schwartz
(313) 963-6420
schwartzb at millercanfield.com
Upper Peninsula Breaking News by Greg Peterson 