Lapeer City Commission authorizes Bodman PLC as outside investigator amid conflict concerns

The Lapeer City Commission voted to authorize engagement of Bodman PLC as an outside investigator for a personnel complaint, directing the mayor and the mayor pro tem to serve as the city’s points of contact and to execute an engagement letter on the city’s behalf. The motion specifies that findings will be reported to the full commission in a privileged session under MCL sections 15.2681H.

Commissioner Gisman moved the authorization, and Commissioner McCarthy supported the motion. During discussion Commissioner Brady objected to the process and to rehiring a firm already engaged by the city for other labor matters, saying the situation “gives off the perception or the possible conflict of interest” and that the commission had not been given adequate time or packet materials to evaluate alternatives.

Mayor Hay replied that the city attorney had been consulted and that the attorney indicated Bodman routinely serves as an independent investigator and did not identify a conflict of interest in principle. “The city is the client,” the mayor said in explaining the engagement letter; he added that the mayor and mayor pro tem are designated points of contact, not the client. The mayor estimated a preliminary timeline of “anywhere between a month to two months” for completion but said cost estimates were uncertain without a defined scope.

Finance director Kelly told the commission that legal fees are charged to the city attorney department within the general fund, that current budget authority is insufficient for additional legal fees this fiscal year, and that a budget amendment to fund the engagement will be considered at the regular meeting on June 1, 2026 using general fund balance for amounts through June 30.

Several commissioners pressed for clarity on process protections. Commissioner McCarthy successfully proposed a friendly amendment to the motion to protect attorney‑client privileged materials, invoices and deliverables from public disclosure unless the full commission voted to waive privilege. Clerk and counsel clarified during debate that the amendment should be limited to materials that are legally privileged and not to all documents generally labeled confidential.

On the roll call, Commissioner Brady voted no; Commissioners Gisman, McCarthy and Petri voted yes. The chair announced, “Motion carries,” and the commission adjourned. The budget amendment to fund the engagement is scheduled for June 1, 2026, and the commission will receive Bodman’s findings in closed session upon completion.

Action details: Motion to authorize engagement of Bodman PLC as outside investigator; mover: Commissioner Gisman; support: Commissioner McCarthy; motion carried per roll-call vote as recorded in the meeting.