You know, the ousted former director of Metro Animal Services? The guy who is crazier than a shithouse rat?
And Wayne Zelinsky? The now-former director of LMAS who had a sexytime side business that I uncovered to force Greg Fischer to fire his ass?
Turns out they’re both still costing the taxpayers mountains of cash:
Meloche’s confrontation with the O’Neills lacked all the elements required by LMCO §§ 91.073(A)-(B) and 91.074(D)—sections of an ordinance that Meloche claims he created—and was not reasonably calculated to apprise the O’Neills of the allegations against them or of the procedures available to present their objections. See United States v. Baker, 807 F.2d 1315, 1323-24 (6th Cir. 1986) (holding that notice was not constitutionally adequate where the clear-cut statutory procedures for notification were not followed); cf. Herrada v. City of Detroit, 275 F.3d 553, 557 (6th Cir. 2001) (holding that a parking citation provided adequate notice where it was “reasonably calculated to inform the vehicle owners of the allegations against them and the procedures available to obtain a hearing to contest the allegations”).
Furthermore, the circumstances as here alleged have an under-the-table, improper air about them. No one is accusing Meloche of personally pocketing the money for his own gain, but his confrontation with the O’Neills has the feel of a pseudo-shakedown that is not at all akin to a plea agreement, as the defendants would have us believe. If it were a plea agreement, what charges were the O’Neills pleading guilty to? At least as alleged, no notification was provided to the O’Neills and no record of this transaction, or of the alleged violations, was made with any court.
Meloche also threatened the O’Neills with the possibility of arrest if they did not accept his “deal.”
Click here (Warning: External PDF Link) to read the Sixth Circuit opinion.
Yep, their search and seizure was illegal.
Possibility City, indeed.