Whitmer official burns documents relating to enforcement of coronavirus restrictions

WASHINGTON (TND) — Calls are growing for an investigation into Democratic Governor Gretchen Whitmer’s administration over its enforcement of COVID-19 rules deemed unconstitutional by the state’s Supreme Court.

Michigan’s Occupational Safety and Health Administration (MIOSHA) inspector Matthew Hartman was deposed Oct. 12, according to The Detroit News, after he fined the City of Port Huron for violating COVID-19 restrictions set by a Whitmer executive order. The state’s Supreme Court ruled that Whitmer overreached her constitutional authority, but Hartman’s deposition suggests Whitmer’s executive order is what led to his fine against Port Huron.

“So it sounds like the measure, the standard that you were measuring employers by, though, was the specific language of the executive orders in determining whether or not there was a general duty clause violation, true?” Port Huron’s attorney Todd Shoudy asked Hartman during the Oct. 12 deposition, The Detroit News reported.

“I would say that’s true, yes,” Hartman responded.

Hartman reportedly admitted during his Oct. 12 deposition that he burned notes and destroyed emails related to MIOSHA’s investigation into Port Huron’s alleged COVID-19 rules violation.

MIOSHA staff do not destroy documents relevant to an inspection," Michigan's Department of Labor and Economic Opportunity (LEO) told The National Desk (TND). "Staff are instructed to purge nonessential matter such as additional copies of documents that are already in the official case file.

The Detroit News said Shoudy planned to depose MIOSHA Director Bart Pickelman on Oct. 15, but MIOSHA chose to dismiss the citation against Port Huron before another deposition could take place.

Several Michiganders, including Port Huron City Manager James Freed, are calling for an investigation into MIOSHA. Freed said the citation was a “sloppy attempt” to disparage city employees and said it was an example of unfair enforcement of COVID-19 rules, according to The Associated Press.

“My heart breaks for all the small businesses and mom-and-pops that didn’t have an expert legal team, who didn’t have the resources to put MIOSHA under oath,” the AP reported Freed said regarding the city’s hefty appeals cost.

“During her campaign for governor, Whitmer promised to make state government more open, transparent, and accountable. Instead, the culture she has created empowers and allows officials to burn documents and delete emails,” said Executive Director of the Michigan Freedom Fund Tori Sachs in a statement. “The destruction of documents and emails should be fully investigated and Whitmer should reveal what her administration is trying to cover up.”

The LEO statement to TND noted the COVID citation contested by the City of Port Huron remains "subject to further review and approval by the Board of Health and Safety Compliance and Appeals." The response added that "Due to the ongoing nature of the appeals process, MIOSHA is currently not at liberty to provide any further information regarding the specifics of this case."

Read the entire statement from the governor's office below:

"MIOSHA takes seriously its obligation to protect Michigan’s working men and women from safety or health hazards in their workplaces and to objectively investigate allegations of safety or health hazards in workplaces when employee complaints are made.

"MIOSHA has responded in some form to more than 15,000 employee complaints throughout the pandemic, and worked with the vast majority of cited employers who have already made corrections to safeguard the workplace. The appeals process rights are afforded to all employers, and some employers have chosen to utilize this process.

"MIOSHA maintains a robust, multi-layered appeal process which reviews contested safety and health citations on a case-by-case basis and considers many factors in consultation with our legal counsel to determine an appropriate outcome for the citation(s). Any proposed outcome reached between MIOSHA and a cited employer concerning a contested citation is required to be reviewed and approved by the Board of Health and Safety Compliance and Appeals before becoming final.

"The COVID citation contested by the City of Port Huron, and any proposed resolution of the citation, is currently subject to further review and approval by the Board of Health and Safety Compliance and Appeals. Due to the ongoing nature of the appeals process, MIOSHA is currently not at liberty to provide any further information regarding the specifics of this case.

"In general, COVID-related citations undergo the same appeal process as other citations, and this review process has resulted in a previous dismissal of a COVID-19 citation against an employer. However, there can be many reasons that prompt the dismissal of a MIOSHA citation. A dismissal of a COVID-related citation does not represent a conclusion regarding any constitutional challenges which have been previously raised regarding the Governor’s COVID-19 Executive Orders in other lawsuits. Rather, the dismissal of any MIOSHA citation during the appeal process is a demonstration that the process is working as intended to afford employers a fair and objective review of their citations.

"MIOSHA instructs staff to retain and save all relevant documents associated with the inspection in the official case file. MIOSHA staff do not destroy documents relevant to an inspection. Staff are instructed to purge nonessential matter such as additional copies of documents that are already in the official case file. Handwritten field notes are fully transcribed into typed notes for the official file, after which the handwritten field notes are discarded."