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—_. GOSMAN ACKER.
STATE OF MICHIGAN
IN THE COURT OF CLAIMS
Hugh Madden,
Plaintiff, Case No. 18-000098-MM.
vy. Hon, Christopher M. Murray
Bill Schuette, in his official capacities as
Attorney General and head of the Department
Of Attomey General,
Defendant.
J
Goodman Acker, P.C, Kathryn M. Dalzell (P78648)
Mark Brewer (P3661) Assistant Solicitor General
Attorneys for Plaintiff Attorney for Defendant
17000 W. 10 Mile Rd., 2 Floor Solicitor General Division
Southfield, MI 48075 P.O. Box 30212
(248) 483-5000 Lansing, MI 48909
mbrewer@zoodmanacker,com (517) 373-1124
dalzellk@michigan.gov
/
PLAINTIFF MADDEN’S BRIEF IN OPPOSITION TO
DEFENDANT SCHUETTE’S MOTION FOR SUMMARY DISPOSITION
INTRODUCTION
“ (3) No person who is subject to the provisions of this act, while retaining his
right to vote as he pleases or express privately his opinions on political subjects,
shall take any active part in political management or campaigns during the hours
of his employment.”
(5) No one shall ditectly or indirectly solicit or receive or be in any manner
concerned with soliciting or receiving any subscriptions or contributions for any
purpose whatsoever during the hours of employment of any state employee, nor
shall any organization circulate any petitions, literature or any form of
advertising in any state office.”
= Michigan Civil Service Act, 1937 PA 346, § 2217000 West TEN MI ROAD. SOND FLOOR + SOUTHELELD, MicaZGAN 48075 » Powe 2a8.48s.s000 + Fax a48.a853251 ee=
— GOOMAN ACKER.
In the 80 years since the enactment of Michigan’s first civil service law, certain
fundamental principles have been established by statute and constitution: no political
campaigning or fundraising on state time by state employees.
‘The Schuette Political Enterprise is operated out of the Department of Attorney General
where Defendant Schuette and his employees, all on the payroll of the State of Michigan, direct
and control the Enterprise, integrating the Enterprise with the Department of Attorney General.
Defendant Schuette’s Motion for Summary Disposition is a desperate, meritless attempt
to evade responsibility for his illegal scheme of advancing his personal and political aspirations
out of the Department of Attomey General, on the backs of Michigan citizens, in violation of
the Michigan Constitution and Civil Service Commission Rules. His arguments in his brief fail
in every respect.
‘The overabundance of evidence discussed in Section II substantiates Plaintiff Madden’s
Complaint and, therefore, this Court should deny Defendant Schuette’s motion.
ARGUME!
I. SCHUETTE HAS FAILED TO ESTABLISH THAT HE IS ENTITLED TO
SUMMARY DISPOSITION PURSUANT TO MCR 2.116(C)(8).
Tn Schuette’s failed attempt to whitewash the perpetual campaign activities occurring
within the Department of Attorney General in violation of the Civil Service Rules and the
Michigan Constitution, he conflates permissible political activity by state employees who are not
on state time with egregious campaigning during actual duty time by staff who were hired to
always be available to Schuette for campaign purposes.
In his Complaint, Madden provides a detailed compilation of political activists employed
within the Department of Attorney General for the purpose of running a continuous political
campaign for Schuette, See Complaint, {¥ 19-25. The Complaint provides examples of how
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Schuette commingles his personal and political activities with those of the Department of
‘Attomey General, id. at $f 16-18, and uses an employee “in the Office of Communications in the
Department of Attomey General from which she discusses gubernatorial campaign topics.” ia.
at 24. Madden has detailed Schuette’s creation of CRR positions within the Department and
the political activists who are or have been in those positions, Id. at 26
In reviewing Schuette’s motion under MCR 2.116(C)(8), every factual allegation in
support of the claim is accepted as true, as well as any reasonable inferences or conclusions that
can be drawn from the facts and construed in the light most favorable to the nonmoving party.
Wade v. Dept of Corrections, 439 Mich 158, 162-163, 483 NW2d 26 (1992). The motion brought
‘under MCR 2.116(C)(8) may only be granted where “the claims are so clearly unenforceable as
a matter of law that no factual development could possibly justify recovery.” Id, at 163.
‘To say Schuette’s partisan staffing within the Department of Attomey General raised
eyebrows is an understatement. See Exhibit 6 to the Complaint (Paul Bgan, Free Press Article)
Schuette’s egregious behavior prompted an investigative newspaper article and an expert on civil
service reform to state that the “situation in Schuette’s office sounds unusual,” Jd. (quoting.J.
award Kellough, a professor of public administration at the University of Georgia and an expert
on civil service reform).
Without the availability of discovery afforded to parties in a lawsuit, Egan uncovered &
wealth of information providing evidence that “Bill Schuette stocks AG staff with GOP
Operatives.” Id. In response, “Schutte was unapologeti...when a reporter pointed out that his
‘executive office representatives were Republican activists and Schuette supporters. “They'd
better be oF they're not going to work for me.’” Id. Schuette’s later attempts to soften that
response in a public forum and in this lawsuit is of no matter. See Schuette's Briel, page. 16, 17.
‘The facts belie his backpedaling, Schuette is attempting to evede constitutional liability and