Royal Oak

Former Royal Oak commissioner, city settle suit

By Jeremy Carroll
C & G Staff Writer

ROYAL OAK — Former City Commissioner Stephen Miller will receive $7,500 to settle the lawsuit he filed against the city saying he was wrongfully terminated and the City Commission violated the Open Meetings Act last year.

Court records show both the city and Miller accepted the case evaluation award of $7,500, and the City Commission is expected to act on the issue at either the Sept. 13 or Sept. 20 meeting, City Attorney Dave Gillam said.

“The settlement has to be formally approved by the City Commission at an open meeting,” Gillam said. “It would cost more money to continue to litigate this case. It’s a strictly business decision (to settle the lawsuit).”

According to proposed settlements included in court documents, the city said it does not admit it was at fault.

Miller, who actually resigned in June 2009 before attempting to rescind his resignation, sued the city after four members of the commission voted to accept his resignation a week later. He originally alleged the city violated the Open Meetings Act during the process. The complaint was amended to include counts of defamation, wrongful termination, malicious prosecution and civil conspiracy.

“(Miller) is pleased that he was able to make his point that they violated the law and violated his rights,” Miller’s attorney, Raymond Foley, said. “It was never about money for him. He loves Royal Oak and has always done the best he could to work in the city’s best interest.”

Foley said Miller was willing to drop the suit if the city simply apologized for its actions.

“That was something they were not interested in,” Foley said. “Instead they chose to let their insurance company pay.”

The settlement figure came after the case evaluation panel ruled on May 11 for the $7,500 figure. Case evaluations happen in civil cases in an attempt to have a third-party panel of judges suggest a preliminary figure to settle the case. Both sides can accept or reject the finding, and both Miller and the city agreed to the number, according to court records.

Miller resigned from his seat on the commission on June 3, 2009, but sent a letter to the City Commission rescinding his resignation six days later. The City Commission met in closed session before the June 15, 2009, meeting and later accepted Miller’s resignation, with Jim Ellison, Terry Drinkwine, Gary Lelito and Carlo Ginotti voting in favor of it, and Chuck Semchena and Mike Andrzejak dissenting.

The lawsuit alleged the commission violated the Open Meetings Act by not specifying the purpose of the closed session. There was no mention of the closed session in the official minutes of the meeting.

The suit also alleged that individual commissioners had made the decision prior to the closed session, “through round robin discussion in a scheme concocted to avoid the Open Meetings Act requirements,” according to the suit.

At that June 15 meeting, Miller’s name plate and computer were missing from the table before the meeting began.

You can reach C & G Staff Writer Jeremy Carroll at jcarroll@candgnews.com or at (586)279-1110.