County Clerk Lawsuit

The County Clerk filed a lawsuit against the County Executive, Board of Commissioners and 18th Judicial Circuit Court Clerk alleging that the County Board and County Executive did not provide her enough staff and made her follow administrative rules and that the Circuit Court did not include her in e-filing training. Prior to filing her lawsuit the Clerk repeatedly refused to provide any information to the Board or the County Executive to support any staff increases, despite repeated requests for that information by the County. In addition, the Circuit Court has not even conducted any e-filing training (and as such could not have excluded the Clerk from such training). The documents below give you access to the Court pleadings and correspondence between the parties, all of which are public documents. The County Executive, Board of Commissioners and 18th Judicial Circuit Court vehemently deny any wrongdoing and regret that the Clerk’s refusal to work cooperatively with other County Departments has resulted in taxpayer dollars being spent on unnecessary and avoidable litigation.  - Thomas L. Hickner

Media Coverage

December 14, 2015
Public Information Statement/Press Release

January 9, 2015
MLive.com
Bay County clerk sues board of commissioners, county exec over staffing

January 11, 2016
ABC 12 News
Bay County clerk files lawsuit, says it's difficult to work as clerk

February 23, 2016
Mlive.com
Judge dismisses 3 of 4 counts in Bay County clerk's lawsuit against county

Correspondence

June 8, 2015 Letter
Clerk Cynthia Luczak to Amber Davis-Johnson, Corporation Counsel
RE: Retention of Outside Legal Counsel

June 16, 2015 Memo
Amber Davis-Johnson, Corporation Counsel to Michael Lutz, Chairman, Bay County Personnel & Human Services Committee
RE: Request by County Clerk to Retain Outside Legal Counsel

June 18, 2015 Letter
Amber Davis-Johnson, Corporation Counsel to Clerk Cynthia Luczak
RE: June 8, 2015 (received June 11, 2015) Request for Retention of Outside Legal Counsel

June 25, 2015 Email
Amy Lusk, Gilbert, Smith & Borrello, P.C. to Amber Davis-Johnson,Corporation Counsel and Shawna Walraven, Assistant Corporation Counsel
RE: Bay County Clerk Referral

July 1, 2015 Fax/Letter
Clerk Cynthia Luczak to Amber Davis-Johnson, Corporation Counsel
RE: Legal Representation – Bay County Clerk. Retention – Outside Legal Counsel

July 7, 2015 Letter
Amber Davis-Johnson, Corporation Counsel to Clerk Cynthia Luczak
RE: July 1, 2015 letter faxed by Clark Hill – Lansing Office regarding Request for Retention of Outside Legal Counsel

July 8, 2015 Letter
Amy Lusk, Gilbert, Smith & Borrello, P.C. to Amber Davis-Johnson,Corporation Counsel
RE: Review of County Clerk Request for Appointment of Counsel

July 13, 2015 Letter
Clark Hill, PLC to Amber Davis-Johnson, Corporation Counsel
RE: Legal Representation – Bay County Clerk. Litigation – Hold

July 17, 2015 Email
Amber Davis-Johnson, Corporation Counsel to all Bay County Employees, Circuit Court Judges and Circuit Court Administration
RE: Litigation Hold – Documents must be retained, DO NOT DESTROY

July 21, 2015 Email String
Amber Davis-Johnson, Corporation Counsel to Matthew Smith, Clark Hill PLC
RE: Bay County Clerk

September 21, 2015 Email
Kim Priessnitz, Assistant Finance Officer to Clerk Cynthia Luczak
RE: 2016 Budget Enhancement

September 22, 2015 Email String
Kim Priessnitz, Assistant Finance Officer to County Executive Thomas Hickner
RE: Service Enhancement for 2016 Budget

September 28, 2015 Email String
County Executive Thomas Hickner to Finance Officer Crystal Hebert and Assistant Finance Officer Kim Priessnitz
RE: FY 2016 Budget: Service enhancement for 2016 Budget-Clerk Contractual part time person

September 28, 2015 Email String
County Executive Thomas Hickner to Finance Officer Crystal Hebert and Assistant Finance Officer Kim Priessnitz
RE: FY 2016 Budget: Service Enhancements – Clerk’s Office 2 Full time positions

September 30, 2015 Letter
County Executive Thomas Hickner to Clerk Cynthia Luczak
RE: Reply to Service Enhancement Request for two additional full-time USWA Clerk Typist positions

September 30, 2015 Letter
County Executive Thomas Hickner to Clerk Cynthia Luczak
RE: Reply to Service Enhancement Request for part-time contractual position

October 7, 2015 Email
Clerk Cynthia Luczak to Kim Priessnitz
RE: SER

October 30, 2015 Email
Clerk Cynthia Luczak to County Executive Thomas Hickner
RE: SER Clerk revised
Attachment: Service Enhancement Request for two additional full-time USWA Clerk Typist positions
Attachment: Service Enhancement Request for part-time contractual position

November 24, 2015 Letter
County Executive Thomas Hickner to Clerk Cynthia Luczak
RE: Amended Service Enhancement Requests and 2016 Budget Request

December 15, 2015
Bay County Board of Commissioners Resolution 2015-281
Reinstatement of Clerk/Typist TU06

December 16, 2015 Email String
Julie Coppens, IS Manager to County Executive Thomas Hickner
RE: MERTS – Clerk Campaign Finance Software

Court Documents

September 25, 2015
Clark Hill, PLC - Clerk Cynthia Luczak
SUMMONS AND COMPLAINT PETITION OF APPOINTMENT OF LEGAL COUNSEL AND COMPLAINT FOR DECLARATORY JUDGEMENT,WRIT OF MANDAMUS AND INJUNCTIVE RELIEF

October 16, 2015
Bommarito Law Offices, PLLC – Thomas L. Hickner, et al
DEFENDANTS’ CONSOLIDATED MOTION FOR SUMMARY DISPOSITION IN LIEU OF THEIR ANSWER TO COMPLAINT
DEFENDANTS’ BRIEF IN SUPPORT OF THEIR CONSOLIDATED MOTION FOR SUMMARY DISPOSSITION IN LIEU OF THEIR ANSWER TO COMPLAINT

November 9, 2015
Bommarito Law Offices, PLLC – Thomas L. Hickner, et al
NOTICE OF HEARING

November 11, 2015
Bommarito Law Offices, PLLC – Thomas L. Hickner, et al
APPEARANCE

November 13, 2015
Clark Hill, PLC – Clerk Cynthia Luczak
PLAINTIFF’S MOTION FOR SUMMARY DISPOSITION ON COUNT I – THE APPOINTMENT OF LEGAL COUNSEL AND REIMBURSEMENT OF LEGAL FEES
PLAINTIFF’S BRIEF IN SUPPORT OF HER MOTION FOR SUMMARY DISPOSITION ON COUNT I –THE APPOINTMENT OF LEGAL COUNSEL AND REIMBURSEMENT OF LEGAL FEES

November 17, 2015
Clark Hill, PLC – Clerk Cynthia Luczak
PLAINTIFF’S RESPONSES TO DEFENDANTS’ FIRST SET OF INTERROGATORIES TO PLAINTIFF

November 23, 2015
Bommarito Law Offices, PLLC – Thomas L. Hickner, et al
DEFENDANTS’ CONSOLIDATED MOTION FOR SUMMARY DISPOSITION IN LIEU OF THEIR ANSWER TO PLAINTIFF’S FIRST AMENDED COMPLAINT
DEFENDANTS’ BRIEF IN SUPPORT OF THEIR CONSOLIDATED MOTION FOR SUMMARY DISPOSITION IN LIEU OF THEIR ANSWER TO PLAINTIFF’S FIRST AMENDED COMPLAINT

November 24, 2015
Bommarito Law Offices, PLLC – Thomas L. Hickner, et al
NOTICE OF HEARING – (DECEMBER 18, 2015 AT 1:30 P.M.) DEFENDANTS’ CONSOLIDATED MOTION FOR SUMMARY DISPOSTION IN LIEU OF THEIR ANSWER TO PLAINTIFF’S FIRST AMENDED COMPLAINT PREVIOUSLY FILED

December 11, 2015

Clark Hill, PLC – Clerk Cynthia Luczak
PLAINTIFF’S RESPONSE AND BRIEF IN OPPOSITION TO DEFENDANTS’ CONSOLIDATED MOTION FOR SUMMARY DISPOSITION IN LIEU OF THEIR ANSWER TO PLAINTIFF’S FIRST AMENDED COMPLAINT

December 11, 2015
Bommarito Law Offices, PLLC – Thomas L. Hickner, et al
DEFENDANTS’ RESPONSE TO PLAINTIFF’S MOTION FOR SUMMARY DISPOSITION ON COUNT I –THE APPOINTMENT OF LEGAL COUNSEL AND REIMBURSEMENT OF LEGAL FEES

December 16, 2015
Clark Hill, PLC – Clerk Cynthia Luczak
PLAINTIFF’S REPLY TO DEFENDANTS' RESPONSE TO PLAINTIFF’S MOTION FOR SUMMARY DISPOSITION ON COUNT I – THE APPOINTMENT OF LEGAL COUNSEL AND REIMBURSEMENT OF LEGAL FEES

December 17, 2015
Bommarito Law Offices, PLLC – Thomas L. Hickner, et al

RE-NOTICE OF HEARINGS – (JANUARY 6, 2016 AT 2:30 P.M.) DEFENDANTS’ MOTION FOR SUMMARY DISPOSITION AND DEFENDANTS’ CONSOLIDATED MOTION FOR SUMMARY DISPOSITION IN LIEU OF THEIR ANSWER TO PLAINTIFF’S FIRST AMENDED COMPLAINT PREVIOUSLY FILED.

February 5, 2015
Hon. Paul H. Chamberlain, Chief Judge, Isabella County Trial Court
OPINION AND ORDER ON DEFENDANTS' CONSOLIDATED MOTION FOR SUMMARY DISPOSITION AND PLAINTIFF'S MOTION FOR SUMMARY DISPOSITION ON COUNT I

February 5, 2016
Clark Hill, PLC - Clerk Cynthia Luczak
Michigan Court of Appeals
PLAINTIFF'S COMPLAINT FOR DECLARATORY RELIEF, WRIT OF MANDAMUS, INJUNCTIVE RELIEF AND APPOINTMENT OF COUNSEL WITH EXHIBITS A-H

February 16, 2015
Bommarito Law Offices, PLLC - Thomas L. Hickner, et al
APPEARANCE

February 26, 2016
Bommarito Law Offices, PLLC - Thomas L. Hickner, et al
DEFENDANT 18TH CIRCUIT COURT AND DEFENDANT KIM MEAD'S ANSWER TO FIRST AMENDED COMPLAINT, NEW MATTER AND AFFIRMATIVE DEFENSES

March 10, 2016
Bommarito Law Offices, PLLC - Thomas L. Hickner, et al
NOTICE OF HEARING (FRIDAY, APRIL, 2016 AT 10:00 A.M.)
MOTION TO STRIKE PLAINTIFF'S MOTION FOR RECONSIDERATION

March 11, 2016
Bommarito Law Offices, PLLC - Thomas L. Hickner, et al
Case No.: 331455
DEFENDANTS' ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF'S COMPLAINT FOR DECLARATORY RELIEF, WRIT OF MANDAMUS, INJUNCTIVE RELIEF AND APPOINTMENT OF COUNSEL.
DEFENDANTS' MOTION TO DISMISS PURSUANT TO MCR 7.211(C)(2).
DEFENDANTS' BRIEF IN SUPPORT OF THEIR ANSWER TO PLAINTIFF'S COMPLAINT AND DEFENDANTS' MOTION TO DISMISS

March 16, 2016
Bommarito Law Offices, PLLC - Thomas L. Hickner, et al
Case No.: 15-3583-AW
RE-NOTICE OF HEARING (FRIDAY, APRIL 29, 2016 AT 1:15 P.M.)

March 21, 2016
Case No.: 15-3583-AW
ORDER STRIKING DEFENDANTS' MOTION, ORDER FOR RESPONSES TO PLAINTIFF'S MOTION FOR RECONSIDERATION AND NOTICE OF HEARING

Miscellaneous

February 24, 2010
Resilient - C
Clerk's Office Process Analysis

Page Updated: 3/14/2016