Library doesn't answer questions

June 8, 2024

I have published payroll information on this website for the City of Lansing, the Board of Water & Light and Capital Area Transportation Authority. On April 9, I sent a FOIA request for payroll information for the Capital Area District Library (CADL). Jenny Marr, CADL executive director, responded by email on April 11 with a spreadsheet attached. I looked it over and sent this:

Jenny, there is nothing in the union affiliation and bargaining unit columns. Are CADL employees not unionized? By the way, that was the quickest I've ever received a response to a FOIA request.

She replied

Hello Steve, CADL does not keep a cohesive record of union affiliation, but we can provide whether Union dues were paid. Does this satisfy your request? Please see attached.

The attached file was a list of dues paid in 2023.

On further examination of the payroll information, I noticed that Miscellaneous payments for several employees was surprisingly high. For 30 of them, it was over $10,000. The highest was $38,115,58 for former director Scott Duimstra - who left on October 6, 2023:

Last name	First name	Position	Hire date	Term date	Hrly Rate	Reg Wages	Overtime	Misc Wages	Total earnings
Duimstra	Scott	DIRECTOR	03/21/2005	10/06/2023	72.12	95,843.05		38,115.58	133,958.63
Laxton	Juliet	HUMAN RESOURCES DIRECTOR	08/09/1999		61.07	97,883.26		22,867.94	120,751.20
Knox	Sheryl	IT DIRECTOR	01/09/2002		61.07	98,324.30		22,397.82	120,722.12
Smiley	Trenton		01/05/2004	05/17/2023	55.28	39,599.04		19,892.96	59,492.00
Harper	Lynn	LIBRARY HEAD 1	01/05/2004		32.62	50,919.68		16,055.58	66,975.26
Lindemann	Cheryl	SELECTION SPECIALIST	05/06/2002		41.35	67,960.13		15,382.33	83,342.46
Stanton	Eric	PUBLIC SERVICE LIBRARIAN	09/12/2005		31.42	48,010.18		15,312.41	63,322.59
Hamlin	Jolee		11/14/2005		53.40	93,264.05		15,148.05	108,412.10
Maclean	James	HEAD OF COMMUNITY PARTNERSHIPS	03/16/1998		38.78	64,567.46		14,839.52	79,406.98
Rousseau	Thais	ASSOC DIRECTOR OF COLLECTION	12/17/2007		46.23	76,595.86		14,818.56	91,414.42
Shilts	Thomas	YOUTH LIBRARIAN	04/28/2003		33.70	53,307.25		14,678.09	67,985.34
Goodrich	Jessica	BUSINESS OUTREACH LIBRARIAN	11/04/2013		32.62	48,641.36		14,424.81	63,066.17
Butler	Heidi	LOCAL HISTORY LIBRARIAN	02/24/2014		32.62	51,682.63		14,092.66	65,775.29
Potts	Christopher	PUBLIC SERVICE LIBRARIAN	07/12/2010		28.49	43,680.70		13,756.12	57,436.82
Moore	Michael		02/17/2020		44.92	76,224.10		13,446.30	89,670.40
Degroat	Jennifer	LIBRARY HEAD 1	09/23/2003		32.77	52,048.32		13,352.32	65,400.64
Goupil	Heather	LIBRARY HEAD 1	08/09/2002		32.94	53,798.77		12,596.44	66,395.21
Chrisinske	Julie	LIBRARY HEAD 1	08/11/2008		32.77	55,268.78	91.32	12,105.29	67,465.39
Mattison	Miriam		04/25/2022		60.95	108,537.12		11,986.08	120,523.20
Post	Kevin	OUTREACH LIBRARIAN	10/18/2004		32.15	52,833.70		11,963.16	64,796.86
Eyal	Suseela	YOUTH LIBRARIAN	05/21/2007		32.62	53,976.02		11,799.27	65,775.29
Cole	Melissa	LIBRARY HEAD 1	01/28/2008		43.36	75,679.83		11,795.99	87,475.82
Tang	Courtney	TECHNOLOGY LIBRARIAN	09/21/2015		32.62	55,325.75		11,649.52	66,975.27
Lemmon	Christopher	SYSTEMS ANALYST	12/05/2005		36.84	62,751.59		11,512.45	74,264.04
Zayko	Katherine	YOUTH LIBRARIAN	11/01/2004		29.78	49,964.44		11,257.24	61,221.68
Abood	Jill	OUTREACH LIBRARIAN	09/10/2004		32.62	54,580.48		11,194.73	65,775.21
Antaya	Jeffrey	LIBRARY HEAD 1	01/04/2005		32.94	55,428.16		10,967.13	66,395.29
Chartrand	Robert		03/04/2019		32.46	55,974.47		10,679.94	66,654.41
Veselovsky	Helen		11/05/2001		33.30	56,780.53		10,329.16	67,109.69
Garza	Marisela	YOUTH SPECIALIST	07/28/2008		32.77	56,092.99		10,036.38	66,129.37

I knew from the payroll reports of other agencies that the Regular Wages, Overtime and Miscellaneous fields are likely totals with detail behind them. For example, the City of Lansing - in addition to Regular Wages, Overtime and Miscellaneous - has a Buyout field that is the sum of the following:

PERSONAL LV BUYOUT

HOLIDAY BAL BUYOUT

LONGEVITY BUYOUT

SICK LEAVE BUYOUT

VACATION LV BUYOUT

COMP TIME BUYOUT

OPT OUT BUYOUT

I was interested in the Miscellaneous detail because if Miscellaneous was included in final average compensation (FAC) at retirement, it would boost the pension. In my January story "Taxpayers bail out underfunded CADL pension fund" I said that CADL administrators had a pretty generous retirement plan. Enhanced FAC would make the pension even more generous. So I asked

What kind of payments comprise Miscellaneous?

Jenny replied on April 18:

That is total wages minus the regular and overtime. Any other earning code would make up that Miscellaneous column. Earning codes could be a lot of things like vacation, holidays, etc.

I wanted to know what payments comprise Miscellaneous, and her reply contained a bunch of words but did not answer the question. It was doubletalk. Her next statement seemed to confirm that I was getting into something she preferred not to talk about:

I've done my best to provide what I can, and we've met your FOIA request. I hope you understand that I won't be able to continue discussing this matter further.

On April 19, I sent a new FOIA request:

I would like the 2023 payroll file you provided initially, but with all the Miscellaneous payment detail added for each employee. When I say payment detail, I mean the individual payments that make up the Miscellaneous total. That may be what you refer to as earnings codes. I would also like the descriptions that go with the earnings codes. They may be provided separately.
I would like to know if all the earnings codes for Regular, Overtime and Miscellaneous are included in FAC when calculating the pension amount. If any are excluded, I would like to know which ones they are.

Jenny replied on April 22:

Hello Steve, I have the information (2 parts) you requested:

1) Payroll file spreadsheet is attached

2) The Health Waiver column is not included in the calculation for pension amount.

The file she attached raised more questions. It had some new columns:

Bonus

Director's Award

Double Time Wages

Funeral Leave

Health Waiver

Holiday

Jury Duty

Merit Increase Pay

New Year

Personal

Retro Pay

Sick

Vacation

Vacation Payout

There was also a column for Overtime, but not for Regular Wages or Miscellaneous.

On May 3, I wrote

Jenny, I received the 2nd file and have more questions.

Why aren't you listed? Were you hired after the end of 2023?

Why are there only 296 records on the first file but 315 on the second?

It appears that the components of Miscellaneous are Overtime, Bonus, Director's Award, Double Time Wages, Funeral Leave, Health Waiver, Holiday, Jury Duty, Merit Increase Pay, New Year, Personal, Retro Pay, Sick, Vacation, and Vacation Payout. How can Overtime be included as a component of Miscellaneous and be counted separately as Overtime?

For Scott Duimstra, Retro Pay does not seem to be included in the Miscellaneous total. Same for Danielle Pulling.

For MIchelle Mudar, Double Time Wages don't seem to be included in the Miscellaneous total. Same for Susanna Andrews and Eric Bayliss.

My guess is that your payroll file is similar to the payroll file provided by the City of Lansing. The City's file has totals for regular pay, overtime, miscellaneous and buyout, and within each of those categories there is a breakdown by payment type. Your payment type Retro Pay probably belongs with Regular Wages and Double Time Wages belongs with Overtime. The solution may be to provide the Regular Wage total followed by all the payment types that make up Regular Wages, then the Overtime total followed by all the payment types that make up Overtime, then the Miscellaneous total followed by all the payment types that make up Miscellaneous.

I would also like the details of Scott Duimstra's pension. I would like the monthly amount, the FAC, the multiplier and the years of service.

And I would like the employee handbook for each employee group. I believe they are on the employee intranet.

Thanks.

Jenny replied on May 6:

Hello Steve, I’m sure you’re aware FOIA does not require answers to questions. I've done my best to provide you with the documents CADL has responsive to your requests and we've met your FOIA requests. I hope you understand that I won't be able to continue discussing this matter further.

I replied the same day:

Jenny - yes, I have been told before that the FOIA does not require you to answer questions. But it does not prohibit public officials from answering questions. The act says that all persons are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them, and by placing artificial obstacles in the path of obtaining that information, you are violating the spirit of the Michigan Freedom of Information Act. If you know of a document that will provide the information I am asking for, it is your duty as a public servant to provide that document. The City of Lansing, BWL and CATA have all provided detailed payroll information, and I'm sure you can too. You provided a nearly complete payroll file the same day I requested it. When I ask for the details of Scott Duimstra's pension, that is not just a question - it is a request for the document that shows the calculation of his pension. And when I ask for the employee handbook for each employee group, that is pretty specific.

I don't think you want to be seen by the people of the county as a public official who goes out of her way to conceal information from the public.

If you fail to deliver any part of my FOIA request, I will appeal to the chairman of the CADL board. Please provide his name and contact information.

This time, the response came from Lindsay Dangle of the law firm Murphy & Spagnuolo. She said that Scott Duimstra is not yet eligible to receive a pension. (Oops - I assumed he had retired when he left on October 6 of 2023. But he probably is not old enough. He can't receive a pension until he is 55.) She also attached 5 documents that apparently were the closest they had to "employee handbooks". Here they are:

Library Heads
Mid-level Supervisory
Non-Union Administrative
Non-Union Page
Professional and Technical

She also said I could appeal to "the head of the public body (in this case, Jenny Marr)".

I replied on May 11:

Lindsay, thank you for your response to my FOIA request.

I accept that no information exists for Scott Duimstra's retirement since he has not retired. And I thank you for the employee handbooks/union contracts. However, I would still like a full 2023 payroll file that includes all the information Jenny provided previously plus the detail of regular pay, overtime, miscellaneous and buyout. If you have any questions on what I need, please call me at 517-730-2638.

I do not agree that my appeal must be directed to CADL Executive Director Jenny Marr. The FOIA says the appeal must be to the head of the public body, but does not define public body [yes, it does]. However, the Open Meetings Act defines public body as "any state or local legislative or governing body, including a board, commission, committee, subcommittee, authority, or council, that is empowered by state constitution, statute, charter, ordinance, resolution, or rule to exercise governmental or proprietary authority or perform a governmental or proprietary function...." That would be the CADL board. Besides, it would make no sense to appeal to the person who denied the request in the first place.

I was wrong about "public body" not being defined in the Freedom of Information Act. It is. The definition has several parts, but the one that best applies to the library is

A county, city, township, village, intercounty, intercity, or regional governing body, council, school district, special district, or municipal corporation, or a board, department, commission, council, or agency thereof.

Lindsay Dangle replied on May 21:

I’m not sure what you meant by this email. However, I have checked with CADL and there are no documents responsive to your FOIA request other than what has already been produced. Director Marr already produced to you the payroll information available. If you would like to file an appeal you will need to follow the procedure outlined in my May 10, 2024 correspondence. Thank you.

Maybe the reason they want my appeal to go to Jenny Marr is they don't want the CADL board to know about this.

I responded the same day:

Lindsay, Director Marr may have provided all the information I requested, but there are some confusing discrepancies.

For one, the first file provided had 296 rows/records. The second, which was to provide the detail of Miscellaneous, had 315 rows/records. There was no explanation of the difference, or advice on which file to use.

The second file contained additional detail. However, it raised further questions. In my response, I said

It appears that the components of Miscellaneous are Overtime, Bonus, Director's Award, Double Time Wages, Funeral Leave, Health Waiver, Holiday, Jury Duty, Merit Increase Pay, New Year, Personal, Retro Pay, Sick, Vacation, and Vacation Payout. How can Overtime be included as a component of Miscellaneous and be counted separately as Overtime?
For Scott Duimstra, Retro Pay does not seem to be included in the Miscellaneous total. Same for Danielle Pulling.
For MIchelle Mudar, Double Time Wages don't seem to be included in the Miscellaneous total. Same for Susanna Andrews and Eric Bayliss.

All legitimate questions, I think.

Director Marr's response was "I’m sure you’re aware FOIA does not require answers to questions. I've done my best to provide you with the documents CADL has responsive to your requests and we've met your FOIA requests. I hope you understand that I won't be able to continue discussing this matter further."

If you are sure you won't provide clarification, please let me know. This will make a fun story for my website.

Lindsay Dangle replied on May 23:

As you accurately quoted from Ms. Marr, CADL is trying to be cooperative and has provided you with the documents we have responsive to each of your requests within the boundaries of the Freedom of Information Act. To help you understand, in response to each of your requests, CADL has asked its payroll vendor to run a report of the data available based upon the data points you included in that request. If you have specific data points you want included in a singular document, you are welcome to make a more detailed FOIA request that includes exactly what inputs you are looking for and CADL will do what it can to accommodate your request under the Act. Clearer details will help us expedite the process and ensure we locate the records you are looking for. However, since the FOIA does not require CADL to answer questions or perform analysis of documents, we won't be able to fulfill that request. If you would like to file an appeal you will need to follow the procedure outlined in my May 10, 2024 correspondence. Thank you.

I have no plans to pursue the matter further.

Analysis of data received

Two files with payroll data have been provided, one on April 11 and one on April 22. Here are the files exactly as received. They are "spreadsheets" - Excel files. You can download them.

April 11 - This file had 296 lines/records with basic payroll information.
April 22 - This file had 315 lines/records similar to the first but with added detail for Miscellaneous.

I made copies of the files and then sorted them in various sequences. The following are from the April 11 file. No download necessary.

Sorted by name
Sorted by total earnings
Sorted by salary
Sorted by miscellaneous (only 220 employees had miscellaneous payments)
Sorted by overtime (only 58 employees had overtime income)

The April 22 report was supposed provide the components of Miscellaneous. It did that, but also included some other fields that are not, such as Retro Pay and Double Time pay. I suspect they are components of Regular Wages, not Miscellaneous. On this report, they serve only to confuse.

The April 22 file has so many columns that I could not display all of them across a web page, like I could with the April 11 file. In addition to employee name and ID number, it contained the columns listed below. I've linked to separate reports for all except Hourly and Earnings Totals.

Hourly

Overtime

Bonus

Director's Award

Double Time

Funeral Leave

Health Waiver

Holiday

Jury Duty

Merit Increase

New Year

Personal

Retro Pay

Sick

Vacation

Vacation Payout

Earnings Totals

"Hourly" in the April 22 report is a puzzle. It is not the same as Regular Wages in the April 11 report. Regular Wages includes Retro Pay; Hourly does not.

There is an Overtime column on both of the reports, but they are not the same. 58 employees have overtime on the April 11 report, while only 23 do on the April 22 report. For anyone who has overtime on both reports, the amounts are not the same.

Both files include multiple records for some employees - usually 2, rarely 3. Jenny says this is because the person worked more than one job during the year. The April 22 file contains more of these than the April 11 file and that is why it contains 315 records and the April 11 file contains 296. I compared them side-by-side here.

If there is anything that stands out in these reports, it is the payments received in 2023 by former executive director Scott Duimstra. He left on October 6, but did not retire - probably because he had not reached age 55. He got the biggest bonus, the fourth biggest holiday pay, the only merit increase payment ($5,000), the largest retro pay, the third largest vacation, and the third largest vacation payout.

Bonus

851.20

Holiday

4,756.64

Merit Increase

5,000.00

Personal

1,186.69

Retro Pay

1,379.43

Sick

391.36

Vacation

11,505.69

Vacation Payout

14,424.00

Total:

39,495.01

Except for the merit increase, which looks like it was created especially for him, all these could have been legitimate. He worked there for 18 years and if he didn't take vacations, he could easily have accumulated $14,424 in vacation pay. Same for holiday. The thing about large payments at retirement (or in the last year) is that they increase FAC (final average compensation), a factor in the pension calculation, and therefore boost the pension.

So questions remain. Too bad the FOIA does not require CADL to answer questions.

Send comments, questions, and tips to stevenrharry@gmail.com or call or text me at 517-730-2638. If you'd like to be notified by email when I post a new story, let me know.

A reminder that you can find detailed payroll reports for the City of Lansing, the Board of Water & Light and Capital Area Transportation Authority for several past years here.

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