Scio Twp. Trustees Refuse to Reimburse Supervisor’s “Unreasonable,” “Unending” Legal Fees—In Violation of Required Indemnification

by P.D. Lesko

11/17/25 Correction: The resolution to reimburse Supervisor Jillian Kerry for her legal fees was submitted by Jillian Kerry not Clerk Flintoft. The article has been edited to include comments by Clerk Flintoft.

11/19/25: Updated with a comment from Trustee Kathleen Brant

On Nov. 12, 2025, the Scio Twp. Board of Trustees refused to vote to continue to pay the legal fees of Supervisor Jillian Kerry. In 2023, Kerry was charged with felony computer crimes after former Supervisor Will Hathaway filed a police report alleging Kerry, in the course of launching a Zoom meeting while at the Township office, “hacked” his Outlook email account. Hathaway had installed his personal Outlook email account (and left the account logged in) on a township-owned, shared laptop. Scio Twp. Supervisor Jillian Kerry submitted a resolution “to Approve Claim for Payment for Attorney Fees.” It became clear during the discussion of the agenda item, Board members planned to use the submission of the resolution to give themselves the opportunity to justify their refusal to continue to pay Kerry’s legal fees.

In Nov., Supervisor Kerry asked Clerk Flintoft to add the resolution for reimbursement of the attorney’s fees to the agenda. “Instead,” Kerry said, “Jessica uploaded a report that showed the total amount paid for my legal fees to date by Scio Twp. taxpayers.”

“I felt like it was kind of a conflict for me to submit the resolution,” said Supervisor Kerry, “but Jessica—who had multiple times previously submitted these payment resolutions—just wouldn’t do it.”

When Kerry’s legal case began in 2023, Scio Twp. ordinance required the Township to indemnify Kerry and to pay Kerry’s legal fees. The Board members subsequently amended the ordinance on May 13, 2025, and changed “shall pay” to “may pay” legal fees. Trustee Kathleen Brant said when asked about the Board’s refusal to reimburse Kerry for $91,000 in legal fees, “the ordinance was amended to comply with Michigan Statute.“

The Statute to which Brant referred states, “If a criminal action is commenced against an officer or employee of a governmental agency based on the conduct of the officer or employee in the course of employment, if the employee or officer had a reasonable basis for believing that he or she was acting within the scope of his or her authority at the time of the alleged conduct, the governmental agency may pay for, engage, or furnish the services of an attorney to advise the officer or employee as to the action, and to appear for and represent the officer or employee in the action. An officer or employee who has incurred legal expenses after December 31, 1975, for conduct described in this subsection may obtain reimbursement for those expenses under this subsection.”

The Scio Twp. ordinance prior to May 13, 2025, with its “shall pay” language, was more generous to township employees than the State Statute, but not in violation of the Governmental Liability For Negligence Act 170 of 1964.

The amended ordinance applies to Township employee legal fees incurred after the date of the amendment, not to Kerry’s legal fees. Michigan’s higher courts have found that amended ordinances are to be applied proactively rather than retroactively.

When asked about higher court rulings and their impact on the Board’s refusal to reimburse Kerry for her legal fees, Clerk Flintoft said she would prefer not to comment.

Scio Township is legally obligated to pay Supervisor Jillian Kerry’s legal fees; the Board’s refusal to reimburse Kerry for her legal fees has set up Scio Twp. up for a legal battle.

Scio Twp. Resident Pam Boyd stuck it out until well after 11 p.m. in order to speak at public comment. Boyd, who called in, pointedly told the Trustees that their refusal to reimburse Kerry for her legal fees was “disgusting.” Boyd said, “When you foster good will, it will grow. But when you cut people’s legs off, it doesn’t.” Boyd ended her comments: “I am just so disgusted at you, so disgusted at this Board.”

A spreadsheet included in the Trustees’ Nov. 12 agenda packet, prepared by Scio Twp. Financial Manager Rebecca Maute, shows that as of Oct. 2025 Scio taxpayers have been billed by Jillian Kerry for attorneys’ fees (Dykema Gossett and Bullotta Law) a total of $276,323.89. Payments to Jillian Kerry from Scio Twp. to pay those legal fees total $181,605.81, leaving an outstanding balance of $91,138.48.

Trustee John Reiser, an attorney, opened the discussion by moving to vote on the resolution to pay Kerry some $91,000 to reimburse her for legal fees. Twp. Treasurer Ryan Yaple, Clerk Flintoft, Trustees Kathleen Brant, Kathy Knol, and David Read sat silently in response to Reiser’s request for a second.

During the discussion that ensued, Reiser suggested that Kerry’s attorneys could sue Scio Twp. for non-payment of fees.

Scio Twp. Treasurer Ryan Yaple replied that the Township had no fee agreements with Kerry’s attorneys.

The discussion surrounding the Trustees’ decision not to reimburse Kerry for her attorney’s fees focused on the fact that the fees were “unreasonable.” At a previous meeting, one trustee provided a Michigan Bar Association survey of average attorney hourly rates. The same trustee complained that the amount of legal fees reimbursed was “not reasonable.”

The Township ordinance under which Kerry was indemnified does not specify that attorney’s fees reimbursed are required to be reasonable.

Trustee Kathleen Brant asked Kerry if she would be willing to speak to her lawyers concerning the fees charged. Supervisor Kerry replied that she would do so.

Circuit Court records show that Kathleen Brant twice sued Scio Twp., in 2022 and 2021. In 2022, Brant filed a FOIA instant action through attorney Thomas Bourque. Now retired Judge Timothy P. Connors dismissed Brant’s suit when it was settled. Trustee Brant said she received the public records and the Township paid her modest attorney’s fees. In July 2024, Trustee Brant donated $500 to Jillian Kerry’s Legal Defense Fund.

In 2024, Kerry’s Legal Defense Fund received $81,968 in contributions and expended $80,392.95.

In July 2024, Scio Twp. Treasurer Ryan Yaple donated $100 to Kerry’s Legal Defense Fund. Like Yaple and Brant, Trustee Kathy Knol also donated to Kerry’s Legal Defense Fund ($500).

Public Act 288 of 2008, Michigan’s Legal Defense Fund Act (LDFA), was signed by the Governor on October 6, 2008, with immediate effect.  According to the LDFA webpage, “The LDFA was enacted to regulate and require reports for contributions and expenditures made to assist elected officials in defending themselves against a criminal, civil or administrative action arising directly out of the conduct of the elected official’s governmental duties.”

Echoing the comments of Trustee Brant, Scio Twp. Clerk Flintoft said that the amount paid to Kerry thus far was “unending.” Flintoft stated that something had to be done to control Kerry’s legal fees.

However, the Scio Twp. ordinance under which Kerry was indemnified included no language that limited the amount an indemnified employee could spend on legal fees, and only included the option that the township could provide legal representation if the employee chose to have a township-appointed attorney provide representation.

Both Trustee Knol and Clerk Flintoft pointed out that the County Prosecutor had offered Jillian Kerry two “alternative resolutions” to the case.

Kerry said that she would not plead guilty to felonies she did not commit.

Caroline Altomare, another Scio resident, called in after Pam Boyd and took the Board to task about refusing to the reimburse Kerry for her legal fees. “I am that mad at how hypocritical that you all are. Out of one side of your mouth you say, ‘Poor Jillian,’ and out of the other side you say, ‘We won’t pay Jillian’s fees.’ What the actual F-K. The real tragedy is the idiot Hathaway who caused all this. He is the real criminal. Like Pam [Boyd] said, I am disgusted.”

In 2022, Clerk Flintoft sued the Scio Twp. Board of Trustees. Her suit alleged that the Board had illegally limited her statutory responsibilities related to township finances and record-keeping. Flintoft’s lawsuit alleged that Board actions, including resolutions that set job descriptions for the township supervisor and administrator, interfered with her duties as the duly elected clerk.

Washtenaw trial court Judge Timothy P. Connors, quoting a ruling by the Michigan Court of Appeals, called Flintoft’s lawsuit “a squabble between township officers” that had “burdened the court.” Flintoft appealed and lost. Jessica Flintoft raised $33,140 in her own Legal Defense Fund ($32,640 from herself) and expended $32,600 of that amount in payment to law firm Dykema Gossett.

When reached for comment on what she intended to do to compel the Board of Trustees to reimburse her legal fees, Jillian Kerry said she was weighing her options. Kerry, like members of the Scio Twp. Board of Trustees, said she is frustrated that she had been bound over for trial, and that the time between arraignment and bind over in the 14-A District Court was years-long.

This should come as no surprise, however. The total number of filings in the 14-A District Court (Washtenaw County) has fallen from a high of 44,766 in 2006 to 21,453 in 2024. In 2024, only 26 percent of felony cases (like Kerry’s) heard by the 14-A District Court’s three judges and two magistrates were disposed within the final time guidelines that court set for itself. The statewide court average was 58 percent.

Clerk Flintoft was also asked to discuss the fact that Kerry’s indemnification was granted under the auspices of a prior township ordinance that was amended, it appears, to target Jillian Kerry’s indemnification. The Clerk said she would prefer not to comment.