Disgruntled citizen tries paying city $270 fine in pennies, gets turned away

Brian McGonegal poses with 2,700 pennies in downtown Jackson, Mich., on Wednesday, May 17, 2017. McGonegal attempted to pay a fine at City Hall with the pennies but was denied. (Emily Mesner | Mlive.com) (Emily Mesner)

JACKSON, MI - Throughout his 35 years as the Jackson City Treasurer, Randy Wrozek doesn't recall a single instance of a citizen trying to pay a large fine in pennies.

He can check that off his bucket list.

After being assessed a $270 fine in 2016 for having rubbish in his yard, Brian McGonegal was aggravated. He had cleared most of the rubbish on his own and was denied a second extension to get rid of the frozen-down scrap metal - which he said he picked up off the street near his home.

McGonegal was also upset at the $200 charge for the 15 minutes of work the two contracted workers did to remove the materials. He would attempt to pay the fine - but make it as tedious as possible for city employees, he said.

After exchanging $27 for 2,700 pennies at a credit union for the first installment, McGonegal unrolled them and headed to City Hall at 4:55 p.m. to start paying off his fine.

"(It was) on purpose," he said. "I decided I would be just penny ante as they were."

Brian McGonegal poses with 2,700 pennies in downtown Jackson, Mich., on Wednesday, May 17, 2017. McGonegal attempted to pay a fine at City Hall with the pennies but was denied. (Emily Mesner | Mlive.com)

After speaking with City Attorney Bethany Vujnov, Wrozek told McGonegal the city doesn't have to accept pennies as payment. Wrozek said they needed to be rolled - or the city could charge McGonegal the cost of getting them rolled.

"It was foolish," Wrozek said. "We tried to accommodate him, but he said, 'Nope, you're counting these right now.'"

While businesses don't have to adhere to the same rules, the Coinage Act of 1965 states U.S. coins and currency "are legal tender for all debts, public charges, taxes and dues." McGonegal cited this during his 11 trips to City Hall in August 2016 - attempting to front 10 $27 installments and one payment of interest.

A city does not have to accept payment in pennies, said Mike White from the U.S. Mint. He said this is common across the country when people get upset with public bodies.

McGonegal pleaded his case at the May 16 Jackson City Council meeting. Wrozek said the outstanding fees still stand and has been passed onto Jackson County.

"This city is so full of themselves about, 'Well, we have to have everything picture perfect and it's got to look like an ideal little community that we're going to make you pay,'" McGonegal said. "And I think that attitude is wrong. We are not the servants of the city government, the city government is the servant to us."

Even though the interest is adding up, McGonegal said he's prepared to fight the case. He won't get a lawyer, but will go to court if necessary. As one of many upset citizens receiving fines at the May 16, he wants to show the city he won't roll over.

He believes his debt is settled - recalling a Supreme Court case stating three attempts to pay a fine is adequate to relieve the debtor.

"They'll be on me. They'll look for any scrap piece of paper. If they think the paint is weathered just a little bit too much on my building, they'll be all over me. Like white on rice," McGonegal said. "Get over yourself."

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