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County OKs release of more info on airport probe

ESCANABA — The Delta County Board voted Tuesday morning to release more of the information requested by Former Delta County Airport Manager Andrea Nummilien through the Freedom of Information Act, but the county stopped short of releasing all of the documents, citing attorney-client privilege.

The FOIA request discussed Tuesday morning was one of multiple requests Nummilien made related to an investigation into her activities at the airport that was launched by the county following her resignation in June of 2023.

Nummilien has argued the investigation was retaliatory for a harassment complaint she made against Former Board Chair Dave Moyle, that resulted in its own investigation. Moyle told the Daily Press, shortly after Nummilien’s resignation and prior to the county’s probe into her activities, that the harassment complaint was investigated by a company out of Marquette, was found to be baseless, and was closed.

The meeting held Tuesday morning — which was held in addition to the county’s regular meeting Tuesday evening to allow for the county to meet certain FOIA-mandated deadlines — was about Nummilien’s request for all emails between Attorney Scott Graham, who previously represented the county and who led the investigation into Nummilien; Moyle; and Nummilien’s sucessor at the airport, Robert Ranstadler, who has since resigned and left the airport. Some of the emails were provided to Nummilien by the county, but a subset of emails that the commission has indicated referenced the Delta County Prosecutor’s Office were not included.

At a meeting on Feb. 13, Commissioner Christine Williams made a motion to have the emails reviewed by legal counsel, as she believed they contained material that was wrongfully exempted from the law and should have been provided to Nummilien. During the same meeting, County Administrator Ashleigh Young, who is serving as the county’s FOIA coordinator, said she did not seek the advice of the prosecutor’s office, which now serves as the county’s legal counsel, for the emails in question.

Following a more than half-hour closed session Tuesday, the board voted to release some of the formerly redacted documents.

“The crux of that is after the review of those emails there’s items that definitely qualify as not being exempt. The one thing that there isn’t is a standard for releasing and waiving stuff that would be under attorney client privilege,” said Commissioner Matt Jensen.

Williams, however, voted against the motion to uphold part of the county’s denial and continue withholding some of the emails.

“I want to remind the board and the public that FOIA is a pro-disclosure law, it is public policy and it states the public is entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and public employees. The people shall be informed so they may fully participate in the democratic process,” she said, reading from a prepared statement. “And it is my opinion that the airport investigation, which … was an official act, performed by our municipal attorney, who’s a part of the public body, and as such, the people of Delta County have a right to full and complete information so they can fully be informed. And I will always lean towards disclosure when there is a clear desire from the public to be fully informed.”

The board voted 3-1 to release some of the emails and withhold others, with the decision on which emails are still exempt being made the Delta County Prosecutor Lauren Wickman, who participated in Tuesday’s closed session. Not voting, or participating in the closed session was Commissioner Kelli van Ginhoven, who has recused herself from all discussions related to Nummilien’s FOIA requests due to her friendship with Nummilien.

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