STATE OF MICHIGAN IN THE 56th CIRCUIT COURT FOR THE COUNTY OF EATON _____________________________________ SAM FEBBA, EVIE HANNASCH,

SHERRY HENDERSON, MARTY LONG, RICHARD SLEE, JACQUELINE WOOD AND NORMAN WOOD, as individuals, Case No. 13-563-AW Plaintiffs, v HON. JEFFREY L. SAUTER LINDA KEEFE, individually and her official capacity as Clerk of Windsor Charter Township, and WINDSOR CHARTER TOWNSHIP, Defendants. Jaye M. Bergamini (P30636) Attorney for Plaintiffs 2305 Scout Road Eaton Rapids, MI 48827 Tel: (517) 230-8412

Frederick Lucas (P29074) LUCAS & BAKER Attorney for Defendant Township 7577 US Highway 12 Onsted, MI 49265 Tel: (517) 467-4000 William K. Fahey (P27745) Chris S. Patterson (P74350) FAHEY SCHULTZ BURZYCH RHODES PLC Co-Counsel for Defendant Township 4151 Okemos Road Okemos, MI 48864 Tel: (517) 381-0100

Thomas R. Meagher (P32959) FOSTER SWIFT COLLINS & SMITH, P.C. Attorney for Defendant Keefe 313 South Washington Square Lansing, MI 48933 Tel: (517) 371-8161

MOTION TO HOLD DEFENDANT KEEFE IN CONTEMPT FOR VIOLATION OF WRIT OF MANDAMUS with NOTICE OF HEARING FOR AUGUST 7, 2013

The Plaintiffs by their Counsel Jaye Bergamini say: 1. That on July 15, 2013 this Honorable Court issued a Writ of Mandamus against the Defendant Keefe. 2. The Writ at page 4 B ordered Keefe to publish and post approved minutes and required synopses of Windsor Charter Township Board of Trustee and Planning Commission meetings up to date through June 25, 2013, no later than two (2) business days after meetings where minutes are approved. Keefe has failed to publish or post any minutes or synopses since taking office November 20, 2013. 3. The Writ at page 5 C required Keefe to bring all paychecks up to date no later than July 16, 2013. Keefe has failed to bring paychecks up to date. 4. The Writ at page 4 E required that Keefe bring all Township accounts, books, ledgers and financial records up to date in accordance with the Uniform Budgeting and Accounting Act (MCL 141.421-141.440a). Keefe has failed to obey the Writ and the Township and Library audits havent been started to date. The Township and the Library may lose revenue sharing from the State of Michigan in excess of $400,000 sue to the failure of Keefe to discharge her statutory duty and failure to obey this Courts Order.

5. The Writ at page 5 F requires that Keefe or her deputy be in the office no less than 4 hours per day. Keefe has not obeyed this part of the Writ. 6. Keefe is in contempt of Court for her intentional violation of this Courts Order of July 15, 2013. 7. In addition, at page 2 2c this Court found that Keefe has statutory, ministerial, non-discretionary duties to maintain the financial books and records of the Township. 8. The Township has a Social Security Privacy Policy, adopted on December 13, 2005 (as required by the State of Michigan MCL 445.81) which prohibits unauthorized access by any party to Township records which contain the Social Security numbers of any Township employees or officials. 9. Upon information and belief, in violation of that policy, and contrary to MCL 42.6a(6), the Defendant Keefe has sub-contracted her statutory duties to maintain the books and records of the Township by allowing an unauthorized person to examine the unredacted records of the Township, without the approval of the Township Board of Trustees. 10. Plaintiffs believe and therefore allege that Keefe has illegally turned control of Township records over to Randy Chapel, an accountant, without the knowledge or approval of the Township Board of Trustees.
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The Plaintiffs ask that the Court find the Defendant Keefe in violation of the July 15, 2013 Writ of Mandamus and further find that she has violated her fiduciary and statutory duty to Windsor Charter Township by giving access to confidential financial records to an unauthorized person. Upon such a finding, Plaintiffs ask that the Court find the Defendant in contempt and remand her to jail for an appropriate term. Plaintiffs further ask that the Defendant be fined an appropriate monetary amount for each day she is not in compliance with this Courts Writ of Mandamus. ____________________________ Jaye M. Bergamini P30636 2305 Scout Rd. Eaton Rapids MI 48827 July 29, 2013

NOTICE OF HEARING PLEASE TAKE NOTICE: that a hearing on the Plaintiffs Motion to Hold Defendant in Contempt will be held on Wednesday, August 7, 2013 at 1:30 pm or as soon thereafter as counsel may be heard, in the court room of Judge Jeffrey L. Sauter, 56th Circuit Court for Eaton County, Michigan. ____________________________ Jaye Bergamini P30636 Attorney for Plaintiffs July 29, 2013