City Manager Carol Eberhardt told City Council she was protecting attorney-client privileged information when refusing to answer CNews questions regarding calls from the city attorney.
‘In Phil Custodio’s column this week (“Knowledge is power,” May 6), he took umbrage with the fact that I said I couldn’t remember what I talked to the city attorney about. I also stated ‘who knows,'” Eberhardt reported to the council, May 11. “This was my way of handling an inappropriate question about my privileged conversations with the city attorney. Apparently Mr. Custodio feels he has the right to ask me to breach my responsibility to handle city business with the attorney.?
Eberhardt, who was asked about “miscellaneous” billing items, admitted she should have answered questions differently.
‘Perhaps the way I answered his question was inappropriate,? she said.
The Michigan Press Association said questions regarding a city attorney’s invoice are right on target.
“What the government spends money on, like on legal bills, is a very valid question,” said MPA Attorney Jennifer Dukarski ‘The media has always been the bastion of transparency and questions how the government is spending taxpayer money. Without the media, there would be no transparency and the government would have no accountability to taxpayers.?
City attorney Tom Ryan said “miscellaneous” calls in question could have been about a number of topics, with some of a general nature.
“Some of them probably are privileged,” he said at the May 11 meeting. “I’m not trying to pad my bill.”
Eberhardt also referenced an issue in Oakland Township “regarding a council woman being investigated for prosecution for making public attorney client privileged information.”
“Protecting the privacy of attorney client conversations is a basic premise of law,” she said.
Oakland Township Manager Warren Brown said investigators and legal council determined two township officials shared prilileged information with a person involved in a lawsuit against the township.
However, officials are responsible to taxpayers, and the media’s job is to keep a watchful eye on government actions, Brown said.
‘Media is an important part of society,? he said. “It’s the job of the press to protect the citizens and make sure laws are being followed ? government transparency and following closed session laws are important. Officials are accountable to taxpayers. We need to do whatever we can to speak the truth to our community.?
Independence Township Supervisor Pat Kittle said he is often asked about government spending.
‘If I was asked a question about certain fees, I may not be sure of each and every one of them, but I would certainly find out the information and get back to you,? he said. ‘Anything we do in the township is public record. Unless we have a closed session, which fully meets the Open Meetings Act guidelines.?
Inappropriate questions would be personal, Dukarski said.
‘Inappropriate questions would be ‘what kind of cocktail do you drink at the bar? or ‘what’s your sign,'” she said.