Why Haven’t We Seen the “Kelly Document?”

Earlier this week Judge Elsenheimer of the 13th Circuit Court ordered disclosure of the now-infamous “Kelly Document.” TCAPS Board President Sue Kelly says that they don’t plan to appeal, even though their attorney asked about appealing on the record. So why haven’t we yet laid eyes on the document that supposedly prompted Ann Cardon’s departure from TCAPS?

Courts speak through their written orders. It’s one thing for a judge to say something on the record, and it’s another thing for the judge to sign a written order. The written order is what matters. So when Judge Elsenheimer ordered the Plaintiff in the case to prepare a written order, that only started a process that may result in all of us seeing the Kelly document, eventually.

There are a few ways to finalize the order. First, the parties can agree to the language in the order. That’s the fastest way, so TCAPS isn’t doing that. Second, the plaintiff can submit an order and wait out the objection period. TCAPS can object to the order within the prescribed time frame (a week), and that prompts a hearing with Judge Elsenheimer about what Judge Elsenheimer said. Third, they can have a hearing about what Judge Elsenheimer said. Then, TCAPS might appeal in a desperate attempt to continue to block the release of the document.

In other words, it still might be a while before we actually see the Kelly document. If TCAPS really was just waiting for a court order, like Sue Kelly said was the stumbling block, they would have released the document immediately after the hearing. What are they hiding?

We’ll wait. We can’t wait.

skeleton with hatMe, waiting for the Kelly Document

Please follow and like us:

5 thoughts on “Why Haven’t We Seen the “Kelly Document?””

  1. This is a lot like Trump’s tax returns. Promises to release if a condition is met, and then, once the condition is met, more stonewalling.

  2. Perhaps you should be asking this question of the Record Eagle. Lawyers for the TCAPS insurance company offered to release the “Kelly” document within 24 hours of Judge Elsenheimer’s ruling if the RE would not pursue an appeal to the two decisions he dismissed. (He did not rule against them, he dismissed their filings.) They refused to agree. The insurance company would be foolish to not appeal the document decision if the Record Eagle chooses to pursue further.

    I wish to remind mistaken community members that payment for these attorneys, for defense of the TCAPS board, is being done by the insurance company TCAPS gives annual premiums to for just such a situation or any other. It is not additional tax payer dollars. They decide, not the board, how or when to arrange the document release as ruled.

    I find it interesting how easily some yell at (most of) the board for following the OMA law while ignoring that Ann Cardon has the authority to release the document but is refusing to do. Surely someone must have asked her for permission to please help end this mess. Ask any board member and they will likely tell you they look forward to and encourage the release but it is not up to them. Maybe the question everyone should be asking is “Why won’t she release it?” Personally, I can’t wait to see it.

    As an aside, I would like to suggest to the parties involved in FOIA requests, rather than bemoan how much they cost, perhaps you should consider the amount of overtime TCAPS must pay to their employees for processing the requested information. It is on top of any other work they have. I’ve seen it suggested to “bury them under FOIA requests” as a rally cry by one group. It’s not like TCAPS has an old fashioned Girl Friday sitting around looking to dig and make copies as nothing else to do. Let’s all check that line item closely when the TCAPS annual expenses are reported. I hope it is itemized.

    And another thing, complaining about Jim Pavelka’s salary I find pretty silly as he worked for the pay. It would have gone to Cardon had she chosen to stay so is not something “extra” taken from TCAPS. What is extra is the unrecoverable firestorm created by someone speaking for herself, and subsequently an outside group, that led to the Cardon payout. Can’t wait to see the “Kelly” document Ann wanted tucked away.

  3. “I wish to remind mistaken community members that payment for these attorneys … They decide, not the board, how or when to arrange the document release as ruled.”

    Wrong. So very wrong. The citizens did not elect those attorneys. They elected the board. The board can release the letter at any time. Especially now that the judge has ruled.

    Anything less is just more spitting in the face of the community.

  4. “The way to right wrongs is to turn the light of truth upon them.”- Ida B. Wells
    And the Grand Traverse area needs a whole lot of light to be shone.

Leave a Reply

Your email address will not be published. Required fields are marked *