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ESCANABA -- There was confusion this week about free legal services being offered by the county's new municipal attorney, Scott Graham -- who has become a controversial figure in the county despite never attending a meeting.
"He did take a look at our rules and procedures. They were done pro bono -- in legal terms, it's free. It didn't cost the county a dime. He also read through approximately 300-plus pages of Foster and Swift at no cost to the county," Moyle told the commissioners and members of the public present at Tuesday's commission meeting.
The "300-plus pages of Foster and Swift" referenced by Moyle was likely a letter and attachments from Escanaba Township's attorney, Laura Genovich of Foster Swift in Grand Rapids. The documents, which have been obtained by the Daily Press, include a seven-page letter challenging the validity of the applications for annexation to move more than 19,000 acres from Escanaba Township to Cornell Township and nearly 300 pages of written statements from township residents asking for their names to be removed from the applications. The documents total 325 pages.
Graham was hired at the May 3 board meeting, after being the only attorney to submit a proposal to the county. However, he was Moyle's initial suggestion for the position in March, and Moyle has confirmed that his family had been represented by Graham previously -- a confirmation that raised criticism from some in the community who felt Moyle was unfairly seeking to employ a friend or associate.
Moyle has repeatedly denied the allegations.
Graham is perhaps most well-known for his defense of Kaleb Franks, one of a number of men charged for plotting to kidnap Governor Gretchen Whitmer.
His qualifications as a municipal attorney have been questioned by residents, as his practice primarily focuses on criminal law, but his website does include "municipal litigation" as a practice area under civil litigation. The website does not indicate whether his clients have been municipalities or private citizens involved in litigation against local units of government.
Tuesday's announcement that Graham has been doing work for the county for free raised questions from some on the commission. Commissioner Steve Viau in particular expressed confusion as to who was able to contact Graham after it was revealed that both Moyle and Commissioner Bob Petersen had spoken when Graham on the phone.
"I'm tongue-tied for people talking to attorneys and getting all this free stuff and help. I'm not against it. I'm just don't understand how this process works," said Viau.
Viau asked that the issue of bringing Graham to Delta County to meet with County Administrator Ashleigh Young be tabled until each commissioner could have a phone conversation with Graham. Moyle told Viau he would get him Graham's number, but there was no formal motion and the issue was not tabled.
Commissioner John Malnar also questioned Graham's free work for the county, saying he felt the county didn't need an attorney to revamp it's rules and procedures, as the county could work with the Central Upper Peninsula Planning and Development Regional Commission (CUPPAD), which drafted the current version. He also questioned how Graham started reviewing documents to begin with.
Petersen repeatedly stated that, while he had spoken to Graham on the phone, he had not directed him to look at any specific issues. He said the nature of his call was to vet Graham's qualifications and to discuss whether his employment by the county would interfere with the county's insurance through the Michigan Municipal Risk Management Authority (MMRMA), and that Graham's work was due to his personal interest in the county.
"I guess I misspoke last week when I was talking that it (Graham's hire) wasn't for frivolous lawsuits. What this is (is) to help us make sure we don't step out of bounds and get sued. If something happens where we do get sued, then MMRMA will decide who represents us at that point," said Petersen.
When it came to a vote, the commission was split 3-2 on whether to approve travel and other related costs for Graham to come to Delta County. The motion passed with commissioners Moyle, Petersen, and Bob Barron voting in favor of the motion. Opposing were Viau and Malnar.