The arrest of a Holland restaurant owner for violating state lockdown orders appears to have gone against court guidelines issued for police on the detention of nonviolent suspects during the COVID-19 pandemic.

Marlena Hackney is the owner of Marlena’s Bistro and Pizzeria in Holland. On March 19 she was arrested in Holland by the Michigan State Police during a 5:45 a.m. traffic stop. Police officials said the arrest occurred after the department received a request for assistance from the state attorney general’s office.

The Michigan State Police then transported Hackney roughly 100 plus miles to the Ingham County Jail on a civil contempt-of-court warrant issued by the 55th District Court, which is in Ingham county. But Hackney’s offense does not appear to meet the court’s guidelines for arrests during a pandemic.

When a jail refuses to accept a suspect police have arrested, the individual is released. It seems very unlikely that the Michigan State Police would order the transport of an individual for 100 plus miles without knowing in advance whether the jail would accept the person.

Admissions policies at the Ingham County Jail are set by the county sheriff’s office. Sheriff Scott Wriggelsworth did not respond to two emails asking whether Hackney’s incarceration violated the jail’s guidelines for admitting nonviolent inmates during the pandemic. His office instead forwarded arrest guidelines issued by the 55th District Court.

These guidelines recommend that individuals be arrested if they are wanted for serious felonies, including assaults, criminal sexual conduct, and all offenses subject to life in prison. They also recommend arrests for individuals suspected of violating conditions of a bond or probation, or failing to appear in court when required for serious offenses like these. Arrests are not recommended for property offenses, misdemeanor warrants, and failure to appear in court or pay fines and costs related to minor offenses.

The court’s order does not, however, supersede any law enforcement officer’s discretion in whether to arrest an individual on any warrant in the interest of public safety.

In November 2020, Michigan’s state health department ordered all restaurants to close for indoor dining, citing an increase in COVID-19 cases. Hackney did not close her restaurant, and the state agriculture department revoked her license, citing a state food law. The state filed a complaint in the 55th District Court, which issued a temporary restraining order and a bench warrant for Hackney’s arrest.

According to Michigan State Police spokeswoman Lori Dougovito, “The Attorney General’s Office asked MSP to assist with the arrest” of Hackney.

Kelly Rossman-McKinney, spokeswoman for the attorney general’s office, said in an email that the attorney general did not have a role in the arrest.

“Judge Wanda Stokes issued a warrant for her arrest because she wanted the person taken into custody. We didn’t have a role in that so you reach out to the judge, MSP (the arresting agency) or Ingham County. Sorry I can’t be of more help to you,” Rossman-McKinney stated in the email.

Lake Linden-Hubbell school district teacher Heather French is a finalist for Michigan teacher of the year.

Yet the gross pay of $48,809 French received in 2019-20 was below the district’s average teacher salary of $51,423.

The U.P. teacher is a good example of how the unionization of Michigan’s public school districts hurts the state’s exceptional teachers. Many proponents of sending more tax dollars into public schools have pointed to compensation as a reason so many teachers leave the field.

Like almost all Michigan public school districts, Lake Linden-Hubbell does not take a statutory merit pay requirement seriously, and it appears to violate state law over its merit-pay policies.

The collective bargaining labor agreement the district signed with the local Michigan Education Association teachers union makes no distinction in how it treats the best and the worst teachers. The contract sets teachers’ pay based on two criteria: years of experience and number of college credits. That’s how virtually every teacher in Michigan’s unionized public school districts is paid.

Although the union contract does not recognize a teacher’s exceptional ability in the form of higher regular pay, the school district could make up for this by offering merit pay bonuses. But Lake Linden-Hubbell offers no meaningful merit pay system.

The district appears to offer a system, but a closer look suggests it’s essentially a method to give raises to nearly all teachers, without regard to merit. Under the union contract, teachers who are rated by the district as “effective” or “highly effective” in state-required year-end assessments are advanced one level or “step” of seniority on the pay scale, which brings a raise. The catch is, only one teacher since 2013-14 has not been given a “effective” or “highly effective” rating by the Lake Linden-Hubbell district.

The district had 39 teachers in 2020-21.

Merit pay is required by Michigan law. This state adopted a statute establishing that each school district “shall implement and maintain a method of compensation . . . that includes job performance and job accomplishments as a significant factor in determining compensation and additional compensation.” The law lets individual districts determine how to do it.

Neither French nor Lake Linden-Hubbell Schools Superintendent Brad Codere responded to emails seeking comment.