City attorney violates state law

September 16, 2022; updated September 27

This is a violation of state law, and the violator - the Lansing city attorney - should know better.

The Freedom of Information Act says FOIA requests are to be answered within 5 business days, but the public body may request a 10 business day extension. For the following 3 FOIA requests submitted by me, the 10 business day extension was requested by the city attorney and a promised delivery date was given. The delivery dates have passed.

I would like any emails from Tamara Arend received by the City in 2017 saying her child (aka her dog) contracted leprosy from rodents living in the trash in her neighbor’s yard. Or that she had a dead tree in her yard that she wanted the City to remove for her. And in late 2018, emails asserting that code compliance officers pocket money for every ticket they write. Or that a neighbor stole a bike and then bribed her landlord. The emails were mentioned by an assistant city attorney in a letter from Donald Kulhanek to Portia McGoy of HUD:

Sent: 8/10
Promised: 9/1
I would like a copy of the email from an assistant city attorney that Donald Kulhanek referenced and quoted from in his 11/17/2020 email to Portia McGoy of HUD.

Sent: 8/11
Promised: 9/2
I would like all records, including emails and other correspondence, that involve Tamara "Tammie" Arend of 1128 Dakin Street in Lansing. This would include the entire file on her participation in 2018 in the Homeowners Rehabilitation program administered by the Development Office.

Sent: 8/19
Promised: 9/13

For the first 2 requests, I attached a copy of the 11/17/2020 email from Donald Kulhanek to Portia McGoy of HUD so they would know where I learned of the existence of the documents.

The email from Donald Kulhanek, who retired as Development Director in 2021, was quite a revelation, and I was surprised that the City gave it to me. As I said in my August 11 story, Kulhanek outright lied to HUD about Tammie Arend's house. He said "There is no evidence there is anything wrong with the roof . . ." knowing that it leaked early on, doing extensive damage, and that a year later something was causing so much humidity inside that mold was forming and stinking up the house. It was because the roof was not properly ventilated. He not only lied, but denigrated Tammie, trying to convince HUD they should not take her complaints seriously. How low can you go?

This email was among several documents the City gave me in June in response to a FOIA request in which I asked for all correspondence from January 1, 2020 to the present from HUD to the Development Office regarding the Homeowner Rehabilitation Program. I was trying to find out what happened to the Homeowner Rehabilitation Program, the program under which Tammie's roof replaced in 2018. That program is no longer offered, replaced by a Homeowner Emergency Repair Program. The documents did not give me the answer, but I was delighted to have the Kulhanek email.

By the way, I emailed Portia McGoy and told her she was lied to, saying almost exactly what I said in my August 11 story City lies to HUD; Lansing Mayor Schor should resign. She has not responded.

Update: Responses to all 3 requests were received September 26.

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