Councilman Richard Bisio resigned from Clarkston City Council after claiming his ethics were questioned and he was ‘condemned? by fellow council members for releasing information on social media on what he claims was an illegal closed meeting.
Bisio’s use of social media was listed as an agenda item at Monday’s council meeting. A section of city ordinances was included in the council packet, highlighting a section on ethics.
Before anyone spoke, Bisio interjected with he had a few things to say.
‘I reject any assertion that I acted unethically,? he said. ‘I believe what I did was proper.?
Bisio reiterated his previous position, City Attorney Tom Ryan should not have cited attorney-client privilege as a reason for entering closed session, and documents from the city engineer and from Curt Catallo regarding 148 N. Main Street property was public.
Bisio said he could not be effective on council, and had a fundamental difference with council and the attorney about doing public business in private.
‘I am going to submit my resignation,” he said.
Council member Mike Sabol was adamant with his disagreement with Bisio’s opinion.
‘I reject you characterization. I reject your statement,” Sabol yelled. ‘I think I’m right and you think you’re right.”
Ryan said, in his 37 years as a municipal attorney, Bisio posting information from a closed session was the most irresponsible thing he has ever seen.
‘It was a serious misjudgment,? Ryan said, adding one of the letters Bisio released included litigation issues involving the city.
he also disagreed with Bisio over the legality of the closed session.
‘Council voted to go into a closed session so we went into a closed session,? Ryan said. ‘In my opinion it was a valid closed session meeting, and it’s not for one person to decide it’s illegal.?
The attorney said the city has to find a way to ‘adjust? information coming out of the city.
‘The public does not need to know every little hiccup,? he said.
Mayor Joe Luginski said a major concern was Bisio posting information on his Facebook page before other council members had a chance to read it and know what was going on with the issue.
He added council was concerned when a letter from Curt Catallo hit the social media site within minutes of being sent to council.
‘Now you know how we feel when you have a have a closed meeting,” said Clarkston resident Lori Mahler. “Don’t put us in the dark. I still have questions about the hold harmless agreement.”
Mahler added a mistake 148 N. Main could cause serious pollution to many waterways in Clarkston.
‘We voted you people in to represent us,” Mahler said, before commending Bisio.
Luginski said no ethical charges were made against Bisio and expressed disappointment he would resign.
Bisio said he was being ‘ganged up” on by other council members through emails sent between council members.
‘Putting the ethics ordinance in the council packet implies I violated the ordinance,” he added.
Councilman Eric Haven said he was the one who requested the ordinance be put in the packet so council could review it and perhaps change the ordinance because it was written years before social media was created.
‘I wanted to review the ethics ordinance, and given the new circumstances, discuss how we should conduct ourselves,? Haven said.
“A lot has changed since these documents were written maybe they should be revised. We need to deal with things like social media.”
Bisio questioned if that means council could decide what he posts on social media.
‘So you are trying to tell me what I can put on my Facebook page,” Bisio asked.
He added, since he was elected, his Facebook page is the way he communicates with the public and provides information.
‘Council cannot say what I can post on Facebook,? he insisted.
City resident Cory Johnston asked if council knows what City Manager Carol Eberhardt posts on her two Facebook pages.
‘You guys are cherry picking information,? Johnston added. ‘It’s censorship.?
Catallo, the 148 N. Main developer whose letter sent to the city was posted by Bisio, said seeing the letter on Facebook so soon after it was sent was shocking.
‘As soon as the letter was posted we started fielding calls in a way we were not anticipating,? Catallo said. ‘I think Bisio is an asset to the community and his posting of the letter in no way effected any decisions. In fact it opened a dialogue. I would hate to see that letter cause us to lose a council member.?
Many people in the audience and on council expressed disappointment over Bisio’s resignation.
‘Disagreement is good,? Luginski said. ‘If everyone agreed, we would not get to the right answer.?
Bisio said his issue with the city will be resolved and he is willing to take it further.
‘We will see where this goes,? he said.
Bisio said his resignation letter would be sent Tuesday.