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After the commissioners passed resolutions on June 10th that amongst other things restricted his use of his police vehicle and required him to get any travel out of the county pre-approved, Tibbits (along with 33 other plaintiffs) countered by suing the commissioners for violations of the Open Meetings Act (on June 9th and 10th).

A hearing on that matter was held on Tuesday, June 17, where Tibbits was seeking injunctive relief from Sanilac County District Judge Donald Teeple, who was presiding over the case. Teeple will hear more testimony when the hearing resumes on Tuesday, July 1 at 9:30 a.m. in Huron County Circuit Court. An actual trial date for the alleged Open Meetings Act violation has not been set.

The hearing began with opening arguments from Tibbits' attorney Julie A. Gafkay, who claimed two separate violations took place. Her first concern was that some members of the public who attended the Monday afternoon meeting on June 9, where not allowed to stay in the meeting room if they did not have a seat, while in the past citizens had been allowed to stay inside if they were standing.

Her second contention was that the board "met secretly" on two occasions in closed session for "pending litigation," when there was no such litigation to be discussed.

In his opening, Huron County corporate counsel Stephen Allen countered by noting the events in question took place in the "standard board room," which can accommodate "99.9 percent of meetings." He noted that the logical alternative sites would have been the circuit or district court rooms, both of which traditionally have heavy caseloads on Mondays.

Allen added that despite some audience members having to look on from the hallway, their voices were not silenced. "Anyone who wanted to, had the opportunity to address the board," he explained.

Allen closed by explaining that the resolutions involving the sheriff's use of county vehicle, paying the county back $7,600 for usage of the vehicle by IRS standards and the other "requests" would not cause him "irreparable harm."

After several witnesses including former Commissioner and Sheriff Mike Gage and former Commissioner Dale Koehler testified, Gafkay called Tibbits to the stand.

Tibbits explained on direct examination that he needs his county vehicle at all times, as it is equipped with important items in case he would come across an accident or other urgent situation, including a siren, emergency lights radio, emergency blanket, Slim Jim, flares and a fire extinguisher. He explained that "many times" he has come across accidents, vehicles in the ditch and other stranded motorists whom he has assisted.

"I feel I never punch in or out," he explained. "I'm always accessible to the people."

He also pointed out that he uses the vehicle to attend other functions such as last weekend's Michigan Sugar Festival, in order to be "visible throughout the county."

He added that by attending these events, he has been able to build a rapport with the community, which has led to citizens confiding in him about situations, the police may otherwise not be made aware of.

Tibbits also expressed concern that several officers have asked if he has resigned and have wondered who is "in charge." He also is worried about the possible negative impact those resolutions will have on him during his bid for re-election. "Public perception is definitely an issue," he said.

He finished by stating that overall, he felt these resolutions would make him unable to do his job effectively.

However on cross-examination, Allen questioned how many times Tibbits has been called from his home to a crime scene or accident, pointing out at least seven high-profile accidents and homicides that he did not respond to.

Tibbits could only come up with three specific episodes where he was called from his home or was on his way to another event and needed his police vehicle to assist. Those instances included a car accident he came upon while traveling to a Lion's Club meeting in Harbor Beach, a woman and infant in a vehicle in the ditch on an icy roadway, and a bomb threat at Laker schools.

Allen also pointed out that the Sheriff's grey Mountaineer is an "unmarked" vehicle and does not resemble a typical police unit, as did the Sheriff's previous vehicle, a brown Crown Victoria. During this line of questioning, Tibbits admitted that his son Logan drove the Mountaineer during the family trip to Florida and that his wife drove the Crown Victoria "seven or eight times," when her vehicle was blocked in and she needed to go to the grocery store or on other short errands.

As the discussion moved to pre-approved travel outside of the county, Allen quizzed Tibbits on which meetings he attended and how long in advance he knew of the meetings. Tibbits agreed that most of the conferences and meetings he attended, he knew about at least two weeks in advance.

As cross-examination ended, it was agreed that due to the late hour, re-direct by Gafkay would resume at a later date, which was decided the next morning after the judge and the attorneys found an opening in their schedules.

After the meeting, Allen expressed his thoughts on the proceedings, which he felt clouded the real issues in this case.

"I don't agree with this entire proceeding," he stated. "This issue isn't about Open Meetings, it is about the sheriff's misconduct as it relates to the misuse of county vehicle and the public money that was expended and the gas that went into it."

He added, "I don't begin to understand the sheriff and what motivates him in this circumstance. I've known him for 10 years now and he is an otherwise decent person, but his conduct as it relates to this vehicle defies common sense."