Kinda surprised Midland Daily has something about it.
https://www.ourmidland.com/news/article/Glenn-calls-on-Whitmer-to-rescind-Gordon-payment-15994424.phpRep. Annette Glenn, R-Midland, is calling on Gov. Gretchen Whitmer to revoke a more than $155,000 payment to former Health and Human Services Director Robert Gordon, stating taxpayers should not foot this bill.
Glenn, in a press release Tuesday, claimed the $155,506 payment as part of Gordon's separation agreement is "taxpayer-financed hush money" and she is looking to prevent Whitmer from "continuing to use tax dollars as 'hush money' when department heads or employees leave state regulatory agencies."
Gordon voluntarily resigned as director of the Michigan Department of Health and Human Services on Jan. 22, without explanation, amid the COVID-19 pandemic. After Michigan Supreme Court ruled against Whitmer's executive orders in October, it was Gordon who began issuing orders under the Public Health Code for the state's health department.
His separation agreement, signed Feb. 22 by Gordon and Chief Legal Counsel Mark Totten, details the $155,506.05 payment is nine months of salary and COBRA (health insurance) payments and is for "consideration for releasing all claims against (the state) arising out of his employment."
The contract also includes a confidentiality agreement.
"In the interest of protecting deliberations among government officials, the parties agree to maintain confidentiality regarding (Gordon's) departure from employment unless required by law to release such information," the contract states. "In response to a Freedom of Information Act request that specifically references (Gordon), (the State) will inform (Gordon) when a determination has been made that all of the conditions have been met for the release of documents."
Deputy Press Secretary for the governor, Chelsea Parisio, told the Daily News Tuesday that executive separation agreements that include confidentiality terms and release of claims are "fairly standard practice."
"Per the terms of the agreement, we can't comment further on a personnel matter," she stated in an email.
Glenn, who is also chair of the House Appropriations Subcommittee on Environment, Great Lakes, and the Energy, is calling for more transparency within the state administration and for the payment to be revoked. She said the agreement "can't help but raise questions about what Gov. Whitmer doesn't want former Director Gordon telling lawmakers and the public."
Glenn stated she will propose that her subcommittee add language to the budget of the state Department of Environment, Great Lakes, and Energy to prohibit using tax dollars "for such payoffs if designed to silence departing officials."
She'll also encourage all other appropriations subcommittee chairs to add the same language to all other state agency budgets, she said.
"When it comes to state agencies responsible for decisions that put public safety and people's lives and livelihoods on the line, the people of Michigan have every right to full disclosure and transparency," Glenn said. "Gov. Whitmer should not be allowed to use state tax dollars to pay 'hush money' to departing state regulators, and now that it's been revealed, she should reverse her attempt to force taxpayers to foot the bill for buying Mr. Gordon's silence."
At a COVID-19 update press conference Tuesday, a couple reporters asked Whitmer about the agreement, to which she said there were not any improprieties with Gordon's work, but couldn't elaborate further due to the terms in the agreement.
She was also asked why she gave him the money in the first place and whether it was hush money, as Republican lawmakers allege.
"I really bristle at that characterization," Whitmer said. "It is the nature of a separation agreement when someone in a leadership position leaves is that you know, there are terms to it, and you can't share every term to it. And that's simply what it is."
Just before that she said, "the former director resigned, I accepted it and we were continuing to move forward because we got a lot of tough work to do."
Transparency with the State
Glenn said prohibiting "hush money" contracts are all the more important because of Gov. Whitmer's past actions, noting her veto on the bipartisan legislation that would have protected state employees when communicating concerns to lawmakers.
"Now she's doubling down on this troubling keep-taxpayers-in-the-dark mindset even more by forcing taxpayers to finance keeping state employees quiet after they're no longer working for the state," Glenn said. "Why these brazen, ongoing, escalating in-your-face schemes to keep people quiet at all costs, even if she has to use taxpayers' money to do it? The people of Michigan have a right to know."
Glenn introduced legislation to establish an ombudsman's office that state whistleblowers could contact without having their identities disclosed, which won support in the House.
In addition, Michigan is one of the only states in which the governor's office is not subject to Freedom of Information Act requirements to make all official records, communications, and deliberations available to the public.
Glenn noted that her first bill as a legislator was part of a legislative package to subject the governor's office and the Legislature to FOIA-type disclosure requirements making all internal communications and decision-making available to the public. It overwhelmingly passed the House but was not taken up by the state Senate.
Glenn has reintroduced the whistleblower legislation and plans to soon reintroduce FOIA-related legislation.