Mackinac County board authorizes special counsel to pursue facts and possible legal action involving Veterans Affairs, upholds FOIA appeal

The Mackinac County Board of Commissioners on July 11 authorized a law firm to gather facts and, if needed, pursue legal action related to the county Veterans Affairs office and approved a public records appeal involving Veterans Committee emails.

The board voted unanimously to authorize Fahey, Schultz, Burzych & Rhodes to "explore additional factual issues and documentation in support of legal representation of the Mackinac County Board of Commissioners, to initiate legal action against the Mackinac County Veterans Affairs if necessary," and to request a meeting with the Veterans Affairs body to try to resolve outstanding matters. Commissioner Corina Clark moved the authorization; Commissioner Judy St. Louis-Scott seconded the motion.

The action followed a closed session under the Michigan statute cited in the minutes (MCL 15.268(h)(i)) to discuss attorney-client opinion. After leaving closed session, the board returned to open session and approved the counsel engagement and authorization.

Separately, the board reviewed an April 2 FOIA appeal from Ms. Hobson that sought Veterans Committee email records. Attorney Peter Wendling told the board that a partial denial had been "improperly done" and explained record-retention and recovery options. Clerk Hillary Vowell said she could not provide documents that did not exist or had been deleted but acknowledged that personal email addresses used for county business may be subject to FOIA. The board voted to uphold Ms. Hobson's appeal and directed production of responsive records that exist.

Board members said they want a joint meeting between the Board of Commissioners and the Veterans Committee to review office procedures and grant compliance before further action. Veterans Committee Chair Dick Pershinske will check with committee members on scheduling; he told the board that audit matters were a sensitive topic he wanted to keep separate from the committee discussion.

The motions and votes documented in the minutes establish the board's immediate next steps: special counsel engagement for fact development and potential litigation, a directive to produce existing FOIA-responsive records, and scheduling of a joint meeting to attempt resolution.

What happens next: special counsel will proceed with factual development and the board expects to meet jointly with the Veterans Committee; the minutes record no lawsuit filing at the meeting itself.