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10/06/2006

Supervisor denies retaliation

cfinger@record-eagle.com

TRAVERSE CITY — Bingham Township Supervisor Robert Foster denied that he retaliated against the township's former clerk, and refuted claims made in a lawsuit against him and the township.

Dorothy Petroskey filed suit in August in Leelanau County Circuit Court, alleging a pattern of harassment led by Foster, who is named as a defendant along with his wife, Patricia, and Bingham Township. Petroskey resigned her position in August.

The two-count complaint alleges violations of the state Whistleblowers' Protection Act, as well as assault and battery committed against Petroskey by Foster's wife. It recounts a string of problems that began in late May after Petroskey reported the supervisor's alleged unauthorized beach grooming over the Memorial Day weekend at the township's Hendryx Park.

Foster in July accused Petroskey of mail tampering after she opened a letter to the township from the Army Corps of Engineers and distributed copies to township officials. The letter stated that Foster's beach grooming violated environmental regulations.

The suit also accuses Foster of subsequently breaking into Petroskey's desk at the township hall and alleges Patricia Foster assaulted Petroskey after a July 6 township board meeting.

Foster denied any wrongdoing and argued that Petroskey's actions are not protected under the Whistleblowers' Protection Act because she was an elected official. He said third parties performed the work at Hendryx Park without his prior knowledge or consent.

Foster and his wife both contested the assault and battery allegations, and said any contact was accidental.

Petroskey's attorney, Blake Ringsmuth, said she was clearly an employee entitled to whistleblower protection.

"Even his own answer is filled with contradictions compared to what he's said in the past," Ringsmuth said.

Robert and Patricia Foster are represented by Traverse City attorney Mark Hullman. Gaylord attorney James Cotant is representing the township.

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