Grand Haven secures law firm to investigate whistleblower complaint

GRAND HAVEN — An outside legal firm hired to investigate whistleblower allegations against the Grand Haven Board of Light and Power says the inquiry is expected to take about a month — and the total cost is not yet known.

On Sept. 18, the city, in a 5-2 vote, authorized City Manager Ashley Latsch to hire special legal counsel to conduct an independent investigation in response to a whistleblower complaint against the GHBLP.

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The whistleblower, who has not been publicly identified, contacted city attorney Ron Bultje in early September through their personal attorney, handing over a cache of approximately 200,000 emails that allegedly support claims the BLP:

• Conducted a coordinated attempt to destroy documents to circumvent a Freedom of Information Act request.

• Repeated false and misleading statements to employees regarding a proposed charter amendment to dissolve the BLP.

• Attempted to avoid compliance with the requirements of the Open Meetings Act.

• Pressured employees to sign a letter to contribute funds and distribute door signs, all opposed to the charter amendment — potentially in violation of state law.

At the city’s Monday, Oct. 16, meeting, the city unanimously approved the appointment of Michael Homier, of Grand Rapids-base Foster Swift, to lead the independent review of the whistle-blower allegations.

Homier has extensive experience in municipal work, Latsch wrote to the board in her recommendation, citing the firm’s “deep bench” of legal experience as well as its own in-house information technology capabilities.

In the contract that expires at the end of the year, Homier will charge an hourly rate of $315. The investigation is expected to last approximately one month.

Sarah Riley-Howard, of Grand Rapids-based law firm Pinsky Smith, is representing the whistleblower.

"My client decided the only right thing to do was to bring what he knew to the BLP's lawyer," Howard said. "He did so at personal risk to his job and working environment. We are looking forward to the findings of the special investigator."

Mayor Pro Tem Ryan Cummins and Councilmember Karen Lowe defended their decision to work with Bultje to prepare the resolution authorizing an investigation, saying transparency and responsiveness were paramount to the integrity of the inquiry process.

“These were very uncomfortable allegations to be put forth,” Lowe said in September. “It’s unfortunate that we are in the position to make a decision. … Inaction is not really a way to re-establish public trust.”

She said the complaint could potentially implicate GHBLP board members and staff, making an independent investigation more appropriate.

“The council has been criticized for, sort of, picking at the Board of Light and Power, but really it’s been others that have brought things forth,” Cummins said. “And now we have new allegations that, if true, are in violation of civil and criminal laws."

Grand Rapids-based attorney Brad Glazier, who's represented whistleblowers throughout his legal career, said there are several items investigators look for when such a complaint is made.

“I'm looking for the elements of what needs to be proven in court, which is, first of all, that the employee reported to a public agency something that that employee felt was illegal,” Glazier said.

“Then the second thing that I look for is whether or not there was some adverse action taken against the employee, which typically means being fired, could mean a demotion, but typically, the employee was fired, and then whether there is evidence to tie the termination to the whistleblowing activity.”

Glazier said it’s important for the investigating body to have ample time and resources to ensure the result is thorough and conclusive.

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“Anytime you hire an investigator, you want to give that person the resources and time necessary to investigate all of the individuals that are alleged to be part of the illegal activity or the whistleblowing,” he said.

“And so often, it does take some time to get those interviews completed, and then the investigator also has to prepare a report. And so it can take … certainly weeks, in rare cases, months.”

— Sarah Leach is executive editor of The Holland Sentinel. Contact her atsarah.leach@hollandsentinel.com. Follow her on Twitter@SentinelLeach.

This article originally appeared on The Holland Sentinel: Grand Haven secures law firm to investigate whistleblower complaint