Its a Good Day to be an American!

send a check towards City Clerk Inez Brown's attorney fees..


GOOD MORNING FLINT!
By Terry Bankert 2/29/08
Join me at
http://www.facebook.com/people/Terry_Bankert/645845362


see full article at
http://goodmorningflint.blogspot.com/
or Flint Talk at;
http://flinttalk.com/viewtopic.php?p=25631#25631


- - -
Parents use this with your kids.

Encyclopedia of Life portal.
http://www.eol.org/


This is the very beginning of our exciting journey to document all species of life on Earth.

Comprehensive, collaborative, ever-growing, and personalized, the Encyclopedia of Life is an ecosystem of websites that makes all key information about all life on Earth accessible to anyone, anywhere in the world. Our goals are to:
Create a constantly evolving encyclopedia that lives on the Internet, with contributions from scientists and amateurs alike.

Transform the science of biology, and inspire a new generation of scientists, by aggregating virtually all known data about every living species.

Engage a wide audience of schoolchildren, educators, citizen scientists, academics and those who are just curious about Earth's species.

Increase our collective understanding of life on Earth, and safeguard the richest possible spectrum of biodiversity.
- - -
AND ANOTHER ONE BITES THE DUST
Iraq's three-member Presidency Council has approved the execution of Ali Hassan Majid, a cousin of Saddam Hussein known as "Chemical Ali," said a high-ranking Iraqi government official today who was not authorized to speak on the subject.

The official said there was no date set for the hanging, which must be carried out within 30 days. He also said the Presidency Council had agreed only to the execution of Majid, not two codefendants also convicted in June of genocide and other crimes.

http://www.latimes.com/news/nationworld/world/la-fg-chemical29feb29,0,3543819.story

---

YOUR SMOKE RAVAGED LUNGS COULD BECOME A STAR!

Gruesome images on cigarette packets are being criticised by some smokers as worthless - but researchers say such pictures have been proven to make a difference.
The anti-smoking initiative began yesterday, requiring the images of smoking-affected organs and body parts to be displayed in addition to existing written warnings.

Reactions from the public were mixed.

Associate Health Minister Damien O'Connor said he made no apologies for the tactic to get people to quit the habit that claimed about 5000 lives a year.
http://www.nzherald.co.nz/section/1/story.cfm?c_id=1&objectid=10495245

---
Talking back to Talk Back

THE FLINT JOURNAL FIRST EDITIONWednesday, February 27, 2008
http://www.mlive.com/news/flintjournal/index.ssf?/base/news-1/120412740920760.xml&coll=5&thispage=2#continue


NO COUNTRY FOR THIS MOVIE: When Hollywood honors a movie depicting senseless violence and pathology, as they did by giving the best picture award to "No Country for Old Men," I believe the industry promotes violence in our greater society. I would encourage people to boycott this violent film. Hollywood film industries will only get the message through their bank accounts.
- Flint

My Dearest Flint[Terry Bankert- trb]

Javier Bardem trhe actor central to this claim of sensless violence and pathology,is the youngest member of a family of actors that has been making films since the early days of Spanish cinema.He got his start in the family business at age six when he appeared in his first feature, "El Pícaro" (The Scoundrel). During his teenage years he acted in several TV series, played rugby for theSpanish National Team, and toured the country with an independent theatrical group. Javier's early film role as a sexy stud in the black comedy_Jamón, jamón (1992)_ (Ham Ham) propelled him to instant popularity and threatened to typecast him as nothing morethan a brawny sex symbol. Determined to avert a beefcake image, he refused similar subsequent roles and has gone on to win acclaim for his ability to appear almost unrecognizable from film to film. With over 25 movies and numerous awards under his belt, it is Javier's stirring, passionate performance as the persecuted Cuban writer Reinaldo Arenas in Before Night Falls (2000) that will longbe remembered as his breakthrough role. He received five Best Actor awards and a Best Actor Oscar nomination for his portrayal of a strong-willed man who survived censorship, imprisonment, and homosexual intolerance for the privilege to write freely, only to commit suicide at age 47 in New York, ending a battle with AIDS.

You can see more by joining my Face Book group.

http://www.facebook.com/people/Terry_Bankert/645845362

*

WRONG MOVE: I cannot believe that the general manager of the Mass Transportation Authority is willing to contract services through a foreign company when there is a qualified organization in the Flint area. I think the general manager needs to be immediately replaced with a competent executive who understands the importance of supporting the community that supports you.
-Flushing Township

My Dearest Flint Township what are you drinking? Foy is one of the most effective transportation managers in the country.You fled from Flint , when is the last time a rich exile like you was ever on a bus?[trb]
*
BAD OMEN: It's an election year, and our elected representatives are offering us some of our own money back, under the guise of rebates. To quote Alexis de Tocqueville, the French politician-philosopher-historian: "The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money."

- Vienna Township

My Dearest Vienna Township. I have always wondered do ya all eat or make a lot of sausages? Your quote of the Dee tockey man is out of context. Are you taking about reparations, the farm subsidy or tax deductions? The Dee Toxic man was a mercenary sent by a French Kings to gain political influence and concessions should the American insurgents win! This guy is your hero?[trb]
*
SIGN ME UP: Tell me where to send a check towards City Clerk Inez Brown's attorney fees for defending her against the mayor's lawsuit against her.
- Flushing Township

My Dearest Flushing Township. I am so happy to sense your sensitivity to good government and willingness to support the best public figure in Genesee County. Hey tell all of your friends to show up in Judge Neithercuits court room on Monday!
*
GOP MEDDLERS: How did Barack Obama close the gap between him and Hillary Clinton so fast? He had help from the Republicans. Rush Limbaugh says to his listeners that although he is not urging them to do it, he knows that many Republicans are crossing over and voting Democrat for Obama. I guess they figure Obama will be easier to beat in the presidential race.
-Mundy Township

My Dearest Mundy Township. Obama has closed the gap because he is the future and spokesperson for all our hopes and dreams of what America should be. Limberbaa is the scum bag of conservative bottom feeder, soon those who have worship at his pulpit will hide their heads in shame.[trb]
*
BETTER LEFT SAID: Nice article about the Hershey Museum ["Hershey Museum to feature much more than chocolate," Travel, Feb. 24]. But there's no mention of the fact Hershey moved to Mexico.
- Grand Blanc

My Dearest Grand Blanc thank you for the heads up.[trb]
*
NOT A GOOD STREAK: The Pied Piper won again in Wisconsin. What has Obama accomplished other than talking about hope and change? Talk is cheap.
Davison Twp

My Dearest Davison Twp who you rather hear the McCain talks of despair and hopelessness as he support the failed policies of Georg W Bush the principal architect of the loss of thousand of American serviceman or the families wallowing in poverty parenting children that are undereducated lacking medical care and facing an impoverished future because of failed republican police. Is that better?[trb]
*
MINIMUM QUALIFICATIONS: Since when should someone not run for president
because of inexperience? The job posting says that one needs to be at least 35 years old and a born citizen of this country.
- Flint

My Dearest Flint I too wish that John McCain was more experienced in things other than dating lobbyists a married man and selling out the American people.[trb]
*
BEST OF THE REST: John McCain is OK, but too old to be a complete president at this time. It's also time for Hillary Clinton to pull the drapes and say good night. Now Ralph Nader? What a laughingstock. He's simply a needy man who needs the spotlight. The only sane person left is Barack Obama.
- Flint

My Dearest Flint your sublime intelligence is a radiant beacon of hope as the sun rises on the future of America.[trb]
*
HOLD ACCOUNTABLE: It took Woodrow Stanley several years to get the city of Flint more than $20 million dollars in debt. It took Don Williamson four months to put Flint $4 million in the hole, and we spotted him $6 million. What rock is The Flint Journal and Channel 12 living under not to report these facts and demand answers?
- Flint

My Dearest Flint.In geology, rock is a naturally occurring aggregate of minerals and/or mineraloids. The Earth's lithosphere is made of rock. In general rocks are of three types, namely, igneous, sedimentary, and metamorphic.... 1. Sedimentary rocks are formed by deposition of either
clastic sediments, organic matter, or chemical precipitates (evaporites), followed by compaction of the particulate matter and cementation during diagenesis. Sedimentary rocks form at or near the Earth's surface. Mud rocks comprise 65% (mudstone, shale and siltstone); sandstones 20 to 25% and carbonate rocks 10 to 15% (limestone and dolostone).[1]
see: http://en.wikipedia.org/wiki/Rock_(geology
)
I think they are a sedimentary type of rock of an organic origin.[trb]
*
PENNY UNEARNED: I find it totally unbelievable that the cost of stamps is rising again to 42 cents. The USPS service is terrible, and slow. Every time I buy something on
eBay, it takes so much longer to get it when it's sent by the Postal Service than by UPS or Fed Ex at the same price. We need alternatives for mail delivery.
- Swartz Creek

My Dearest Swartz Creek, we could all stand on our front porch and throw the mail from house to house until one of ours comes by ,kinda like the internet...da![trb]
-
Posted here by
Terry Bankert
http://attorneybankert.com/

Sphere: Related Content

BROWN, YOUNG AND BANKERT'S OPINION

The video linked here is my response to City Attorney Young on her childish attack on our City Clerk Inez Brown.

http://www.youtube.com/watch?v=hsnzt3Ufy-4

You can link with the button to the right,Brown Defense

What do you think?


Terry Bankert
2/27/08


Or try Flint Talk.com
http://flinttalk.com/viewtopic.php?p=25558#25558

Sphere: Related Content

INEZ BROWN UNFAIR ATTACK

INEZ BROWN:"This is a smear on me and my staff,"
______________________
GOOD MORNING FLINT!2/27/08 Early EditionBy; Terry Bankert
http://attorneybankert.com/
http://goodmorningflint.blogspot.com/
and posted to Flint Talk
http://www.flinttalk.com/viewforum.php?f=2
join facebook at
http://www.facebook.com/people/Terry_Bankert/645845362

_____________________

City of Flint sues Flint City Clerk Inez Brown over alleged profanity; Brown says lawsuit is frivolous [FJ]

Flint City Clerk Inez Brownwon't discuss whether she used profanity when talking to a Flint city employee.[FJ]

But Brown said a lawsuit filed by the city about her conduct toward a Human Resources Department employee is frivolous.[FJ]

The city announced in a press release this afternoon that it has filed a lawsuit against City Clerk Inez Brown to try to force her to convene a meeting of the Standards of Conduct Board to hear a complaint.[FJ1]

A hearing in Genesee Circuit Court is scheduled for Monday.[FJ]

NOW THEREFORE IT IS ORDERED that Defendant Inez Brown Flint City Clerk appear on March 3 2008 at 11:00 in the morning to show cause if any she has why the writ of mandamus should not immediately issue.[P1]

STATEMENT OF FACTS AS ALEDGED BY THE CITY ATTORNEY [P2]

1. That the Plaintiff, City of Flint is a municipal corporation with its principal office at 1101 S. Saginaw ST, Flint MI

2.That the Defendant Inez Brown is the Flint Clerk [P2]

3.That the Standards of conduct Board is established by Flint City Charter $6-401 [P2]

4.That pursuant to the Flint City Charter 6-401 (A)(1) the City Clerk Ms. Inez Brown is a mandatory member of said standards of conduct board.[P2]

5.That the general purpose of the Standards of Conduct Board is to " render advisory opinions to elective officers,, appointees and employees with respect to the meaning and application of provisions of ...[the] Charter and other laws establishing standards of conduct" Flint City Charter
6-402 [P2]

6. That the rules of the standards of Conduct Board mandate that " Requests made to the Board shall be submitted in writing to the City Clerk’s Office, 10 days prior to the date of the Meeting."[P2]

7.That on February 21 2008 the City Attorney office did receive a formal complaint from the personnel department against Ms Inez Brown, Flint City clerk, and her alleged unprofessional conduct occurring on February 20,2008 in the presence of one Mr. Thomas Smella, HR coordinator (exhibit 2, complaint of Thomas Smela)[P2]

8.That said complaint against Ms. Inez Brown was requested by Mr. Smela to be submitted to the standards of conduct board.[P2]

9.That pursuant to such request, and in accordance with the Flint City Charter 6-402 the Flint CITY Attorneys office forwarded a letter to defendant Inez Brown in her capacity as City Clerk for scheduling of a meeting of the Standards of Conduct Board to review such complaint.(exhibit 3,letter to city clerk)[P2]

10. That Ms.Betty A Grisi Senior litigation assistant to Trachelle C. Young , Chief legal officer for the City of flint, did take such letter and personally hand it to Defendant Ms. Inez Brown exhibit 4 affidavit of Betty Grisi)[P2]

11. That Defendant Inez Brown did read and refuse to accept said letter in violation of both her duties as Flint City Clerk and as a member of the Standards of Conduct Board.(Exhibit 4 afidavidit of Betty Grisi)[P2]

12. That Defendant Inez Brown Flint City Clerk has recently exhibited irrational and unreasonable behavior.[P2]

12( they repeated this number, not well proof read.) That no conflict of interest existed in Defendant Inez Brown accepting said letter as any conflict of interest would be resolved within the standards of conduct meeting by Defendant Ms Inez Brown, abstaining from proceedings and deliberations, except as to the presentment of the facts and circumstances surrounding the behavior at issue.[P2]

13. That accepting a request to convene a meeting of the standards board and convening such a meeting is not a discretionary function of the City Clerks office and is in fact a ministerial function of which must be performed.[P2]

Flint City Charter Sec. 6-402 PURPOSE OF STANDARDS OF CONDUCT BOARD.
A. The purpose of the Standards of Conduct Board is to render advisory opinions to elective officers, appointees and employees with respect to the meaning and application of provisions of this Charter and other laws establishing standards of conduct. Advisory opinions shall be published by the board in the manner least likely to reveal the identity of the person concerned.
B. The Standards of Conduct Board may recommend improvements in the standards of conduct for elective officers, appointees and employees or in the procedure for the enforcement of those standards.
(Adopted by the electorate, 11-5-74)

Brown said she merely was protecting her employees, who were given layoff notices last week.[FJ]

Brown said she went to the HR department to have a spirited discussion after she was caught off guard by the layoffs [FJ].

City Clerk Inez Brown said the city license inspector given a layoff notice also has election duties. That person, Brown said, is responsible for the logistics of election equipment and getting supplies to polls on election day.[F2}

"We can't pull it off," she said, adding she has called state and federal elections officials to try to stop the layoffs. The government mandates the proper staffing of elections, Brown said.[F2}

"This is a smear on me and my staff," Brown said.[FJ]

City Mayor Don Williamson said in a statement that despite allegations from City Clerk Inez Brown that recent layoffs will jeopardize the May 6 election, no election workers were laid-off.[FJ3]

Buchanan said the budget cuts since January are hitting many areas of city services in an effort to save positions in the police and fire departments. The city has cut numerous positions since January to try to avoid a budget crisis[FJ3]

The statement said Flint Human Resources Director Deirdre Pitts issued lay-off notices for one temporary employee, one license investigator and two City Council secretaries in the clerk's office. [FJ3]

City Attorney Trachelle Young said Brown used "vulgar and threatening" language against an employee, then failed to convene a meeting of the Standards of Conduct Board to look into her behavior. There was a complaint filed over the incident. [FJ]

"All I'm asking is that she do her job," Young said. "It shouldn't matter that the complaint is against her."[FJ]

Brown said she is not the only one who can call a conduct board meeting.[FJ]

FLINT CITY CHARTER Sec. 6-401 STANDARDS OF CONDUCT BOARD.
A seven (7) person Standards of Conduct Board is created consisting of:
1. The Chief Legal Officer, the City Clerk and the Ombudsman, all of whom shall be official members of the Standards of Conduct Board;
2. Four (4) residents of the City unanimously nominated by the official members appointed by the Mayor.
B. The Chairperson shall be chosen from those members appointed under Section 6-401A.2. [herein].
C. Members appointed under Section 6-401A.2. [herein] shall hold no City office or employment nor other public elective or appointive office except that of notary public; and such members shall not be compensated.

The seven-member conduct board looks into the actions of elected officers, appointees and employees. Its only power is to "recommend improvements in the standards of conduct," according to the charter.[FJ]

Brown said two clerk's office employees were given layoff notices, but that quickly changed to one worker after the news became public. [FJ]

She said the May 6 election is in jeopardy because she didn't have enough employees, and she said that's still true even though the cutback wasn't as deep as she originally believed.[FJ]
City Administrator Darryl Buchanan has said one clerk's office employee was intended to be laid off.[FJ]

City Administrator Darryl Buchanan said no election workers were laid off, despite accusations by the city clerk that the May 6 election was in jeopardy due to layoffs.[FJ2]

"No one classified as an election worker was laid off," Buchanan said.[FJ2]
Buchanan said economic problems faced by the city and state made it necessary for the layoffs.

The city has laid off more than 50 employees since January to head off a budget crisis. [FJ2]

"We don't like to do this," Buchanan said.[FJ2]
Brown said Mayor Don Williamson is trying to get back at her for calling in state and federal officials to try to stop the layoffs so she can proceed with the election.[FJ]

Williamson's said the layoffs are part of a city reorganization that also has caused layoffs in other departments.[FJ3]

"The lash out is for me calling state and federal officials," Brown said.[FJ]

Brown and Williamson also clashed in 2004 over the staffing of the clerk's office. [FJ]

Williamson declined to comment when contacted Monday.[FJ]

Meanwhile, council members said with only one employee left to assist them, they would not be able to prepare the agenda for council meetings. "This is just crazy," said Councilwoman Jackie Poplar. "This is ludicrous.[FJ3]

Buchanan, a former councilman, said that's not true. "I don't see how that could be a problem," Buchanan said.[FJ3]

"I had no other alternative than to request judicial assistance. The city cannot allow anyone to behave like this and not be held accountable for refusing to do her job, especially someone in her capacity," said City Attorney Trachelle Young in the press release.[FJ1]

Council President Carolyn Sims defended Brown.[FJ]

"I am fed up," Sims said. "Trachelle Young is suing the clerk for doing her job." [FJ]

–where did this stuff come from--
[FJ]
by Joe Lawlor The Flint Journal
Tuesday February 26, 2008, 9:07 AM
http://www.mlive.com/flintjournal/index.ssf/2008/02/city_of_flint_sues_flint_city.html
[FJ1]
Posted by
Kristyn Peterson The Flint Journal February 25, 2008 18:10PM
http://blog.mlive.com/flintjournal/newsnow/2008/02/flint_suing_clerk_inez_brown.html
[FJ2]
Posted by
Shannon Murphy and Joe Lawlor The Flint Journal February 21, 2008
http://blog.mlive.com/flintjournal/newsnow/2008/02/flint_administrator_denies_ele.html
[F3]
The Flint Journal February 21, 2008
http://blog.mlive.com/flintjournal/newsnow/2008/02/flint_mayor_says_no_election_w.html
[FJ4]
The Flint Journal February 20, 2008 20:50PM
http://blog.mlive.com/flintjournal/newsnow/2008/02/flint_city_clerk_says_mayors_l.html
[P1]
From the court file , 08-88112-AW, an order signed by Judge Neithercuit on 2/25/08
[P2]
From the court file , 08-88112-AW, WRIT OF MANDAMUS AND MOTION TO SHOW CAUSE

Sphere: Related Content

CITY -VS-CITIZENS, RE: BREECH OF CONTRACT

WILLIAMSON ,CITY COUNCIL VS CITIZENS OF FLINT, re:BREECH OF CONTRACT.
______________________
GOOD MORNING FLINT!
2/26/08
By; Terry Bankert
http://attorneybankert.com/
http://goodmorningflint.blogspot.com/
and posted to Flint Talk
http://www.flinttalk.com/viewforum.php?f=2
_____________________

WHAT IS A CHARTER ?

A Charter is a city’s constitution. It is like a contract in which citizens give authority and responsibilities to elected and appointed officals. In return, citizens require the government to meet their needs as city residents.[C]

FLINT - So, how much power does the Flint City Council actually have? [FJ]

Well, maybe not much. Its powers have been challenged and, council members claim, outright undermined lately. [FJ]

A charter outlines the structure of goverment, the election procedures and the obligation of the government to its people.[C]

Mayor Don Williamson last week proposed a 6.9-mill tax increase to help balance the budget and pay for police - an idea several council members immediately rejected. [FJ]

If the City ever wants to raise taxes beyond the one percent level, a Charter amendment vote will be necessary.[C]

The City is authorized to levt propety taxes at the rate of one percent(1%. Or 10 mills) of assessed value of all real and eprsonal property in the City.[FC-7-201 A.]

The provisions of this section shall not prevent the levy and collection of the full amount of taxes required by statute for the payment of the debt.[FC-7-210 C]

The value of city property is determnined by the city assessor who works for the adminstration. There are 2 ways to raise taxes,1. Raise property evaluations arbitrarity 2. Raise the mills. This admistration is doing both ,some say-me.[trb]

That doesn't mean the idea is dead, though. [FJ]

Typically, the council would vote to put such issues on the ballot, but instead, Williamson could push for a petition drive to circumvent council action. [FJ]

Iniative and referendum petitions must be signed by a number of City electors equilicant to at least five percent (5%) of the tiotal number of votes c ast for Mayor at the last regular Mayoral election.[FC]

It wouldn't be the first time. [FJ]

Consider:
Line -item vetor, the Charter gives the Mayor the power!
Williamson successfully used a line-item veto, which shifts the balance of power on budget issues more in his favor, though those traditionally have been a council stronghold. [FJ]

The council has the power to amend the budget. This is why the Mayor has an item veto over the budget resolutions only. All other ordinances and resolutions voted on by the council must deal with but a single topic and the mayor may veto them if he or she wishes.The budget is a very complex resolution encompassing many different subjects. If the council amends part of the mayors budget in a way that is unacceptable to him or her, the item veto can be used.[C]

Lets do a little home work here Journal?[trb]

The council approves almost no spending these days because of an ongoing budget dispute. But Williamson has been able to circumvent that ban, ordering millions of dollars to be spent using "emergency purchases" for everything from supplies to engineering services. [FJ]

The City Council created the emergency.[trb]

The Mayor shall take care that the laws be enforced..[FC 4-103]

The City Charter gives the council the power to confirm appointments to department head positions. Yet Williamson has sidestepped that by leaving the positions vacant and instead hiring interim or deputy department heads, such as interim Police Chief Gary Hagler and deputy Transportation Director John Carpenter. [FJ]

The head of each department shall be appointed by the Mayor in accordance with the law and with the approval of the City Council and serve at the pleasure of the Mayor [FC 4-203 C]

Williamson frequently is accused of violating the charter, the equivalent of the city's constitution that outlines the structure of city government. [FJ]

"What's frustrating to me is not to be able to have any balance in government," said Scott Kincaid, who has been on the council for more than 20 years, far longer than any other current member. [FJ]

We HAVE a basic check and balance system. Both are failing if the City Charter is being violated.[trb]

Williamson said there is no problem: He was elected mayor under a strong-mayor form of government. [FJ]

The City Charter provides for a .."responsible mayor" not strong mayor form of governemnt. The Mayor is elected to a 4 year term on a non partisan ballot.The Mayor will preside over the officals responsible for the day to day work of the City (line officals or department heads) and policy advisors (staff officers).The Mayor may propose legislation to the City Council and may veto legislation passed by the council. The City Council may override the veto with a 2/3 vote of its members elect,however.The City Council is a legislative body. It may introduce and pass legislation or it may vote on legislation proposed by the Mayor. The executive and legislative activites are separate and the two branches check each other.POLICY DECISIONS AND DIRECTIONS must ultimately come from the council. The Mayor is responsible for the performance of the government; he or she MUST MAKE THE CITY WORK AS THE COUNCIL DECREES IT SHOULD.[C]

We may have a Responsile mayor acting irresponsibly but the Flint City Council is equally irresponsible if it allows its power be be a check on the mayor to erode intentionlly unintentional or because they just do not knbow what the heck to do![trb-make me king for a day!]

"I love and respect the City Charter, and I go by it," Williamson said. [FJ]

Deeds are more important than words.[trb]

Olof Karlstrom, a member of the Charter Commission that wrote the document in 1974 and created the strong-mayor form of government, said he believes the mayor's appointments of temporary department heads does not follow the intent of the charter. [FJ]

Journal, ....we do not have a strong form of governemnt, ....get it right. Mr. Karlstrom is correct the Charter is being violated. Department heads must be presented to council for approval. Here is the concept. Each council person represents 10,000 of us. Now we cannot all fit in the council chamber so we elected these council people to represent us. The Departmemnt heads are being presented to us for approval though the council peoople we elected to do this for us.[trb]

But Karlstrom said the council is not powerless. [FJ]

"They can challenge these things," he said. "They just haven't figured out how to do that yet." [FJ]

Children can say they don’t understand, these adults should learn their job.[trb]

Other authors of the charter - all Flint-area attorneys - see the ongoing dispute as a continuation of the innate power struggle between the mayor and the council.[FJ]

Thomas Donnellan, also a commission member, said he doesn't see a charter crisis.[FJ]

"That's the tug of war between the mayor and the council," Donnellan said. "That's politics." [FJ]
But Councilman Jim Ananich calls the mayor a "dictator" who circumvents the council, regardless of what the charter says. [FJ]

I wish you would have stayed on the finance committee Jimmy.[trb]

"He does exactly the opposite of what you teach in a government class," said Ananich, a social studies teacher. "They're bound and determined to do what they want to do, regardless of the law." [FJ]

Jimmy you are equally guilty because the Flint City Council is bound and determined to whine like children that the play ground bully is beating them up. Are you people from Flint?[trb]

While there's no movement afoot, some council members are considering changes to the charter, a move that would have to be approved by city voters. [FJ]

Carl Bekofske, who was on the Charter Commission, said he doesn't see the need for an overhaul. [FJ]

"There would always be room for interpretations, no matter what you did," Bekofske said. "We're still interpreting the Constitution, and we've had that for more than 200 years." [FJ]

The Mayor of the City of Flint and the Flint City Council are in breech of contract with the citizens of Flint. Where is that Charter COP when you need one?[trb]

Posted here by
Terry Bankert 2/26/08
http://attorneybankert.com/

PS. Leave Inez Brown alone!
http://blog.mlive.com/flintjournal/newsnow/2008/02/flint_clerk_calls_lawsuit_friv.html


*** WHERE DID THIS STUFF COME FROM---
[FJ]
FLINT
THE FLINT JOURNAL FIRST EDITIONMonday, February 25, 2008
By Joe Lawlorjlawlor@flintjournal.com • 810.766.6312
http://www.mlive.com/news/flintjournal/index.ssf?/base/news-49/1203956411148220.xml&coll=5

[C]
The New Flint Charter a 1974? Publication of the 1974 Charter Revision Commission

[FC]
Flint City Charter
http://www.amlegal.com/library/mi/flint.shtml

[trb]
Comments of Terry Bankert
http://attorneybankert.com/

Sphere: Related Content

DEADLINE TO QUALIFY TO VOTE AT LOCAL DEMOCRATIC CONVENTION

______________
Good Morning Flint !
By
Terry Bankert
02/05/08
posted to Flint Talk at http://flinttalk.com/viewtopic.php?p=25462#25462
______________
I was looking through my calendar and saw that the local National Democratic Party Delegate elections will soon occur.It is still not too late to step forward and say that you want to go to a National Democratic Party Convention. You will have to compete for it but to qualify you must be a party member. Heres the process

District-level delegates and alternates shall be elected by congressional district conventions held on Saturday, March 29, 2008.[S]

I THOUGHT I WOULD FIND OUT WHAT A PERSON HAS TO DO TO ATTEND AND BEABLE TO VOTE AT THESE CONVENTIONS.

First I went to Marks Brewers home page, the Michigan Democratic Party at http://michigandems.com/

MICHIGAN DEMOCRATIC PARTY RELEASES 2008 NATIONAL CONVENTION PLEDGED DELEGATE, ALTERNATE, AND COMMITTEE ALLOCATION [MD]

Allocation based on January 15, 2008 Primary Results [MD]

The Michigan Democratic Party today released the official allocation of pledged delegates, alternates, and committee members for Hillary Clinton and for Uncommitted based on the official January 15, 2008 Presidential Primary results certified by the Board of State Canvassers on February 4, 2008. [MD]

Overall, Clinton will have 73 pledged delegates, 16 pledged alternates, and 10 committee members, and there will be 55 uncommitted delegates, 5 uncommitted alternates, and 8 uncommitted committee members. [MD]

Eighty-three (83) pledged delegates and 15 pledged alternates will be elected at Congressional District Conventions on March 29, 2008. The remaining 45 pledged delegates and 6 pledged alternates will be elected at a State Central Committee meeting on May 17, 2008 in Grand Rapids. Committee members will be elected that day by the entire delegation. [MD]

These 128 pledged delegates, 21 pledged alternates and 18 committee members together with 28 unpledged delegates (also known as "super delegates") will constitute Michigan’s delegation to the 2008 Democratic National Convention in Denver, Colorado on August 25-28.[MD]

The Genesee County Congressional District is mostly Dale Kildees 5th Congressional District.
The 5th Congressional District has been allocated for Clinton 2 Female Delegates and 2 male Delegates with 1 male altenate. The uncommitted delegates Are 1 female and 1 male delegate.[MD]

The State Party has a link to a pdf document Titled michigan delegated selection plan.
http://michigandems.com/2008DSP.pdf

HERE IS WHAT YOU HAVE TO DO TO WATCH OR PARTICIPATE IN THE CONGRESIONAL DISTRICT LEVEL SELECTION OF NAOTIONAL CONVENTION DELEGATES. SPECIFICALLY TO SEE IF OBAMA GETS ANY DELEGATES.

District-Level Delegate and Alternate Candidate Filing Requirements [S]
a. A district-level delegate and alternate candidate may run for election only within the district in which he or she is registered to vote.[S]

YOU MUST BE A MEMBER OF THE MICHIGAN DEMOCRATIC PARTY BY 2/28/08
b. An individual can qualify as a candidate for district-level delegate or alternate by joining the
Michigan Democratic Party and by filing a statement of candidacy with the Chair by 5 P.M.
February 28, 2008 at 606 Townsend St., Lansing, MI 48933. [S]

HERE IS HOW YOU CAN JOIN THE MICHGIAN DEMOCRATIC PARTY TO HELP PROTECT OBAMAS RIGHT TO A FAIR DELEGATE SELECTION PROCESS.

An individual can join the party by completing an application and submitting it by hand-delivery, mail, FAX, e-mail or at the The Party Website.[S]

There is no financial requirement to join the Party. Any statement of candidacy
or membership received after the deadline, regardless of the reason for delay, will not meet this
qualification.[S]

MICHIGAN DEMOCRATIC PARTY ONLINE MEMBERSHIP APPLICATION, JOIN ONLINE AT:
http://michigandems.com/join.html

To be eligible for a delegate spot there is a statement of candidacy and other information that you must provide.[S]

Posted here by
Terry Bankert


—where did this stuff come from---

[MD]
Michigan Democratic Party
http://michigandems.com/020808prs.html
[S]
Michigan Delegate Selection Plan
http://michigandems.com/2008DSP.pdf
[trb]
Comments of Terry Bankert
http://attorneybankert.com/

Sphere: Related Content

CLINTON , OBAMA, AND MARK!

_____________________
GOOD MORNING FLINT!
2/24/08
Bt Terry Bankert
http://attorneybankert.com/
_____________________

MARK AND ME!

Former high school valedictorian Mark Brewer is not Mr. Popular these days among some Michigan Democrats he leads.[FP]

"I tried to talk with Mark Brewer at the Michigan Democratic Party State Central held in Flint MI at the Buick UAW local 599.

I wanted to ask him if Obama will be treated fairly by the Michigan Democratic Party and get his delegates if seated.

I also wanted to ask him why he did not use the Presidential Primary system to build the party instead of tearing it down by making us the joke of the nation.

He was in the labor caucus when I arrived. I entered the room and made eye contact with him. He must have sent the sgt at arms over who asked me to leave because I was not a card carrying current member of labor. I am an ex union member, UAW, Teamsters, Rail Road brotherhood but all I have now is a State Bar of Michigan Identification Card. That was not going to work in this room.

The State Central Committee was in a large gym like auditorium cut in half by dividing doors. I went to the side with the coffee and the lunch being prepared to wait with a 100 other people.
When the deal was cut, marching orders given the dividing doors were removed I approached again to talk to Mark Again a sgt at arms stopped me and said that arear was reserved for the State Central Delegates I would have to wait....til hell freezes over is my guess.

I used to come regularly to State Central . I have been loyal to the labor caucus for 25 years. I guess it’s a new day.[trb]( Michael Moore did this parody much better that I, even made a movie and wrote a book. Guess I’ll stay in the bush leagues,-trb)"

OBAMA MAKES HIS PRESENCE FELT, DRIVING THE DELEGATES BEHIND CLOSED DOORS.

Obama supporters protest outside state Dem committee meeting in Flint[FJ] Mabey Obama will get to talk to Mark.[trb]


SOME TRY TO BLAME LEVIN

Now Michigan's delegates are threatened with lockout from the national convention, as the presidential primary race tightens. The plan to move up Michigan's primary date was driven chiefly by U.S. Sen. Carl Levin, D-Mich., but Brewer, as party chairman, takes much of the heat. And he takes it in stride.[FP]

MARK , YOU NEED TO GO.

Michigan Democrats led by Chairperson Mark Brewer in a power play with the Democratic National Committee(DNC) have made a mockery of Michigan’s Presidential Primary, hurt our party building efforts and placed the interests of the Michigan Democratic Party State Central Committee over common Democrats. Michigan’s Democratic National Convention Delegates should not be seated and the State Party Chairperson Mark Brewer removed! [trb]
The battle over whether to include Michigan's delegates at the Democratic National Convention pushed on this weekend. [WJRT]

Since the Iowa caucuses in early January, Sens. Hillary Clinton and Barack Obama have been locked in a tight race for their party's nomination. In all, 2,025 delegates are needed to secure the nomination, but current tallies differ. It may not be possible for either candidate to secure the number needed solely from primaries and caucuses [WJRT]

STATE WIDE RALLY IN FLINT OF THE BEST THE STATE WIDE DEMOCRATIC PARTY HAS TO OFFER.[TRB]

Supporters of Democratic presidential hopeful Barrack Obama gathered from across the state outside UAW Local 599 headquarters to rally prior to the Michigan Democratic Party State Central Committee meeting about how party delegates will be distributed.[FJ]

On Saturday, Democrats from across the state gathered in Flint for the Michigan Democratic Central Committee meetings. A change of heart could change the outcome and could decide who becomes the party's presidential candidate.[WJRT]

I ATTENDED THIS METING, passing Floyd Clark Sam Riddle and others out side. Inside were people I had not seen for 20 years. I remember attending a State Central Committee with my daughter in a basket. She was the youngest member of the Democratic Party that year.[trb]

NATIONAL CONVENTION DELEGATES, SHOULD MICHIGAN’S BE SEATED? NO![TRB]

The primary, held earlier this year than the Democratic Party's rules allow, has concerned Obama supporters. Obama and Democratic candidate Hillary Clinton both pledged to follow those rules and not have their names on the Michigan ballot. Clinton's name was on the ballot, however, and she received the majority of the votes.[FJ]

Michigan's 156 delegates were pulled after lawmakers voted to move our primary to Jan. 15 in violation of the party's rules. Major candidates -- including Barack Obama -- pulled their names from the ballot. Hillary Clinton's name remained on the ballot and now there is talk of counting her share of the delegates at the convention.[WJRT] I guess her expierence in back room politics led her to this decision.[trb]

It’s not just that her candidacy’s central premise — the priceless value of "experience" — was fatally poisoned from the start by her still ill-explained vote to authorize the fiasco ...( THE WAR).... Senator Clinton then compounded that 2002 misjudgment by pursuing a 2008 campaign strategy that uncannily mimicked the disastrous Bush Iraq war plan. After promising a cakewalk to the nomination — "It will be me," Mrs. Clinton told Katie Couric in November — she was routed by an insurgency. [NYT]

SHE JUST SLIPPED THOUGH THE CRACKS![TRB]

Obama supporters don't think that's fair. [FJ] Don’t bend the rules because Clinton is in trouble.[trb]

Clinton fans don’t see their standard-bearer’s troubles this way. In their view, their highly substantive candidate was unfairly undone by a lightweight showboat who got a free ride from an often misogynist press and from naVve young people who lap up messianic language as if it were Jim Jones’s Kool-Aid. Or as Mrs. Clinton frames it, Senator Obama is all about empty words while she is all about action and hard work.[NYT]

SOME THINK RULES ARE FOR THOSE NOT IN CONTROL.[TRB]

"We're just out here saying we're following the rules. [FJ]
We thought it was an unfair process from the very beginning, but that was the process. ...We're asking the Michigan Democratic Party leadership that 40 percent (the percentage of uncommitted primary votes) go to Obama," said Christina Montague, statewide coordinator for Michiganders for Obama.[FJ]

"Michiganders for Obama launched the uncommitted campaign," Montague continued, "and we know that there were some people who might have supported other candidates that voted uncommitted because their candidate wasn't on there, but the majority was the Obama people." [FJ]

But it’s the Clinton strategists, not the Obama voters, who drank the Kool-Aid. The Obama campaign is not a vaporous cult; it’s a lean and mean political machine that gets the job done. The Clinton camp has been the slacker in this race, more words than action, and its candidate’s message, for all its purported high-mindedness, was and is self-immolating.[NYT]

About 30 supporters gathered outside the building holding signs that read "MDP Follow the Rules" and chanting "Just follow the rules." [FJ]

MANY AROUND THE STATE ARE ANGRY

"The fact that Mark Brewer has a positive attitude about his consituents being disenfrachised makes me even more outrage than I already was. Unless there is a 2nd caucus, there is no way that I will volunteer for this campaign like I did in 2006(and I worked my HEAD OFF in 2006), and there's no chance that Obama will carry Michigan.

Yet, Mark Brewer is making statements like: "It's unlikely that there will be a 2nd caucus"? That tells me he is OK with this situation. Sorry, getting some Michigan delegates seated by way of negotiation would make me more outraged than anything.

Why bother having a primary in the first place? Just save the money and negotiate our way into every national convention. Sure, he CAN NOT POSSIBLY GUARANTEE that there will be a redo caucus, but the fact that he isn't saying that he WANTS a redo caucus and is working to make it happen tells me he doesn't want one and is working against it. He must RESIGN NOW! Howard Dean too.2/21/2008 9:33:58 AM In response to A Detroit Free Press article [FP] a comment by Jeffwtux"

FLOYD CLACK

Floyd Clack, Genesee County coordinator for the Obama campaign, said, "Obama followed the rules of the Democratic National Committee and he shouldn't be punished for following those rules, and he got at least 40 percent of the uncommitted votes. That's the minimum amount of delegates that should be allocated out of this state." [FJ]

JUST HOW WAS THIS 40% ARRIVED AT.[TRB]

Clack added that it is still unclear what will happen on March 29 when delegates will be elected to represent the presidential candidates. [FJ]

JUST GIVE US A HINT?[TRB]

"Anything can happen," he said. [FJ]
now I’d be worried about you.[trb]
"Senator Obama told me, 'Just wait and see, wait and see,' so that's what we're doing," Montague said.[FJ]

WE HAVE GOT A PIPELINE

Ultimately, the DNC's Credentials Committee will decide whether to seat Michigan's pledged and superdelegates. If they are seated, 73 of Michigan's 128 pledged delegates must vote for Clinton. As the only major candidate who didn't take her name off the ballot, she received 55 percent of the vote.[WJRT]

The other 55 pledged delegates will presumably vote for Obama. He withdrew his name, but 40 percent of voters cast "uncommitted" ballots.[WJRT]
Because both candidates weren't on the ballot, the 28 superdelegates, who are free to vote their preference, may determine the fate of these campaigns.[WJRT]
Due to a change in the agenda, the allocation of delegates was not discussed at the meeting. [FJ]


FLOYD, THE STATE CENTRAL DID THE RIGHT THING,OR AT LEAST THE SMART THING.

A delay will allow the Texas delegate selection process too make Michigan moot or the most important decision in the country and altering the future of mankind.. After all the delegate selection process is a private intra party matter why should my party air its dirty laundry in public?[trb]

"People are very unhappy with what happened. I don't think they're blaming any person or persons," Brewer said last week. "It's a disappointment that we ended up where we are[FP]

Posted here by

Terry Bankert
http://attorneybankert.com/

—Where did this stuff come from---
[FJ]
The Flint Journal 2/26/08
http://www.mlive.com/flintjournal/index.ssf/2008/02/obama_supporters_protest_outsi.html
[WJRT]
WJRT TV 12
http://abclocal.go.com/wjrt/story?section=news/local&id=5977218#bodyText
[trb]
Comments of Terry Bankert
http://attorneybankert.com/
[FP]
The Detroit Free Press
http://www.freep.com/apps/pbcs.dll/article?AID=/20080220/NEWS06/802200313/1008/news06

Sphere: Related Content

FATHER WINS CUSTODY OF CHILD!

Father keeps custody of the child!
____________________________
GOOD MORNING FLINT!
BY Terry Bankert 2/23/08
http://attorneybankert.com/
___________________________
Full article at: http://goodmorningflint.blogspot.com/
Summarized article on Flint Talk: http://www.flinttalk.com/post-25395.html#25395
The following is a recent Court of Appeals case that I will present on WFLT 1420 A.M. radio Flint MI Saturday 2/24/08 9:00 am until 9:30 am. It is a call in program. Questions will be fielded by calling 810-239-5733
____________________________
In the case we will talk about today the issues are.
Divorce;
Custody;

Challenge to the trial court's finding no established custodial environment existed; Vodvarka v. Grasmeyer; Mogle v. Scriver;

The trial court's findings regarding best interest factors (a)-(f), (h), and (j)-(l)
The court is : Michigan Court of Appeals (Unpublished)

Case Name: Kik v. Kik e-Journal Number:
38474 UNPUBLISHED,
February 12, 2008 v No. 280359,
Kalkaska Circuit Court
________________________
The Plaintiff is the father the Defendant is the mother

THE COURT FOUND NEITHER PARENT HAD THE CUSTODIAL ENVIRONMENT

Concluding there simply was not enough time where the minor child was with one parent or the other to establish the qualities of security, stability, and permanence created when a custodial environment is established, the court rejected the defendant-mother's claim the trial court's finding no established custodial environment existed was against the great weight of the evidence.

THE LOCAL FAMILY COURT GAVE THE FATHER/PLAINTIFF CUSTODY.

Defendant appealed the divorce judgment, which granted the plaintiff-father primary physical custody of the parties' minor child.

MOM SPLIT WITH THE CHILD

The evidence showed since about three weeks after defendant took the child from the former marital home in January 2006, the child had very little stability concerning with which parent she would be staying.

TWO PARENTING TIME ORDERS

The parties acknowledged the parenting time under the February 2006 parenting time order and their March 2006 mutual agreement provided the child with much uncertainty.

180 MILE TRIP 2.5 YEAR OLD CHILD, CONSTANT MOVEMENT..NO CUSTODIAL ENVIRONMENT

The 180-mile trip to and from the parties' home also added to her emotional unrest. Although the child spent more time with defendant than with plaintiff, in light of her young age (she was about two and a half years old when defendant left the marital home with her) and the constant movement between parents, the court concluded the trial court's finding no established custodial environment existed was not against the great weight of the evidence.

The court also disagreed with the claim the trial court's rationale was flawed because its opinion
did not indicate the trial court found an established custodial environment existed with both parties.

It was evident the trial court focused on the uncertainty of the situation as a result of the custody trial and the constant movement between parents as precluding the establishment of an established custodial environment with either parent. The court also rejected defendant's challenges to the trial court's findings regarding several of the best interest factors.
Affirmed.THE COURT OF APPEALS AGREED WITH THE LOCAL COURT THAT NO CUSTODIAL ENVIRONMENT HAD BEEN CREATED.

Defendant appeals as of right from the divorce judgment which granted plaintiff primary
physical custody of the parties’ minor child. The Court of Appeals agreed.

WHAT IS GREAT WEIGHT OF THE EVIDENCE

Defendant first argues that the trial court’s finding that no established custodial
environment existed was against the great weight of the evidence. We disagree. In reviewing a
custody decision, three standards of review apply:

3 STANDARDS

The great weight of the evidence standard applies to all findings of fact. A trial
court’s findings regarding the existence of an established custodial environment
and regarding each custody factor should be affirmed unless the evidence ,

1.clearly preponderates in the opposite direction.

2.An abuse of discretion standard applies to the trial court’s discretionary rulings such as custody decisions.

3.Questions of law are reviewed for clear legal error. A trial court commits clear legal error
when it incorrectly chooses, interprets, or applies the law. [Vodvarka v
Grasmeyer, 259 Mich App 499, 507-508; 675 NW2d 847 (2003) (citations
omitted).]

DECIDE CUSTODIAL ENVIRONMENT FIRST

Whether an established custodial environment exists is a question of fact for the trial
court to make before it makes any determination regarding what is in a child’s best interests.
Mogle v Scriver, 241 Mich App 192, 197; 614 NW2d 696 (2000).

WHAT IS CUSTODIAL ENVIRONMENT

A "custodial environment of a child is established if over an appreciable time the child naturally looks to the custodian in that environment for guidance, discipline, the necessities of life, and parental comfort." MCL722.27(1)(c). "The age of the child, the physical environment, and the inclination of the custodian and the child as to permanency of the relationship shall also be considered." Id.

SIGNIFICANT DURATION.

An established custodial environment can exist in more than one home and "is one of significant
duration ‘in which the relationship between the custodian and child is marked by qualities of
security, stability and permanence.’" Mogle, supra at 197-198 (citation omitted).

PREPONDERANCE OF THE EVIDENCE

If no established custodial environment exists, custody is determined by a preponderance of the
evidence standard. Hayes v Hayes, 209 Mich App 385, 387; 532 NW2d 190 (1995).

CLEAR AND CONVINCING EVIDENCE

If an established custodial environment exists, it must be established by clear and convincing evidence that a change in custody is in the best interests of the child. MCL 722.27(1)©).
The evidence here demonstrated that since about three weeks after defendant took the
minor child from the former marital home on January 1, 2006, the minor child had very little
stability with regard to which parent she would be staying with.
The parties readily acknowledged that the parenting time that occurred under the February 2006 parenting time order and the parties’ March 2006 mutual agreement provided the minor child with much uncertainty.

Based on our review of the record, there simply was not enough time where the
minor child would constantly be with one parent or the other to establish the qualities of security,

stability, and permanence that are created when a custodial environment is established. Mogle,
supra at 197-198. Moreover, the 180-mile trip to and from the parties’ home added to her
emotional unrest.

This action ultimately involved a very young girl who had little stability with
regard to who was taking care of her. See Bowers v Bowers, 198 Mich App 320, 326; 497
NW2d 602 (1993) (stating that a minor child’s expectations as to the permanency of a custody
situation is relevant with regard to establishing a custodial environment).

While the minor child spent more time with defendant than she did with plaintiff, given her young age and the constant movement between parents, we conclude that the trial court’s finding that no established custodial environment existed is not against the great weight of the evidence.

Additionally, we disagree that the trial court’s rationale was flawed because the opinion does not evidence that the trial court found that an established custodial environment existed with both parents.


To the contrary, it is evident that the trial court focused on the uncertainty of the situation as a result of the custody trial and the constant movement between parents as precluding an establishment of a custodial environment with either parent, which were both proper considerations.

BEST INTEREST FACTORS

Defendant next challenges the trial court’s finding with regard to best interest factors (a),
(b), (c), (d), (e), (f), (h), (j), (k), and (l) as against the great weight of the evidence. We disagree.
The statutory best interest factors are as follows:
(a) The love, affection, and other emotional ties existing between the
parties involved and the child.
(b) The capacity and disposition of the parties involved to give the child
love, affection, and guidance and to continue the education and raising of the
child in his or her religion or creed, if any.
(c) The capacity and disposition of the parties involved to provide the
child with food, clothing, medical care or other remedial care recognized and
permitted under the laws of this state in place of medical care, and other material
needs.
(d) The length of time the child has lived in a stable, satisfactory
environment, and the desirability of maintaining continuity.
(e) The permanence, as a family unit, of the existing or proposed
custodial home or homes.
(f) The moral fitness of the parties involved.
(g) The mental and physical health of the parties involved.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court considers the child
to be of sufficient age to express preference.
(j) The willingness and ability of each of the parties to facilitate and
encourage a close and continuing parent-child relationship between the child and
the other parent or the child and the parents.
(k) Domestic violence, regardless of whether the violence was directed
against or witnessed by the child.
(l) Any other factor considered by the court to be relevant to a particular
child custody dispute. [MCL 722.23.]
FACTOR A
As to best interest factor (a), the trial court’s finding that the parties were equal is not
against the great weight of the evidence because there was testimony from witnesses for both
parties that love, affection, and other emotional ties existed between the minor child and both
parents. While defendant relies solely on testimony to suggest that the bond between defendant
and Emma was particularly strong, there is testimony to suggest that the bond between plaintiff
and Emma was strong as well.
FACTOR B
As to best interest factor (b), the trial court’s finding that the factor slightly favored
plaintiff is not against the great weight of the evidence. The trial court concluded that both
parties were equal in their capacity and disposition to provide the minor child with love,
affection, and guidance and to continue with her education in the future. The record supports
this finding, and it is evident that plaintiff would continue to support the minor child in regard to
her education based on his statements at trial. As to raising Emma in her religion, the trial court
found that this sub-factor favored plaintiff based on the testimony that plaintiff had a stronger
religious background and was more actively involved in bringing the minor child to church than
was defendant. Because this finding was based on the record evidence, no error occurred with
regard to this factor.
FACTOR C
As to best interest factor (c), the trial court’s finding that the factor favored plaintiff is not
against the great weight of the evidence. The trial court focused solely on the record evidence
that clearly demonstrated that plaintiff had a greater capacity to provide the minor child with
food, clothing, and medical care. While defendant faults the trial court’s failure to discuss the
disposition of either party to provide food, clothing, and medical care, there was no direct
evidence suggesting that either party had a relatively stronger or weaker disposition than the
other to provide those necessities. Moreover, simply because the trial court did not reference this
point does not mean that it did not consider it. The trial court need not comment on every matter
in evidence or decide every proposition argued. MacIntyre v MacIntyre (On Remand), 267 Mich
App 449, 452; 705 NW2d 144 (2005). Accordingly, no error occurred regarding best interest
factor ©).
FACTOR D-
As to best interest factor (d), the trial court found that the factor favored plaintiff, and as
to best interest factor (e), the trial court found the parties equal under the factor. These factors
involve some degree of overlap with factor (d) requiring a factual inquiry into the length the
child has been in a stable, satisfactory environment followed by a determination of the
desirability of maintaining continuity, while factor (e) focuses on the prospects for a stable
family environment. Ireland v Smith, 451 Mich 457, 465 & n 8; 547 NW2d 686 (1996).
FACTOR E
For factor (d), the trial court focused on the evidence that the minor had lived in the former marital home almost since birth until January 2006, when defendant left the home with the minor child who was about two and one-half years old at the time.
Testimony provided that the minor
recognized the home as her original home and loved spending time there with her friends, which
is a strong indicator that the home was a stable, satisfactory environment.
Further, plaintiff
acknowledged having stable employment and had recently refinanced the home, which is
evidence that plaintiff wished to maintain a continuous environment. The trial court also
considered the minor child living with defendant, who had been residing with her parents or in
her own mobile home since January 2006, but found it to be within the minor child’s best interest
to continue living in her original home. Because the evidence does not clearly preponderate in
favor of finding that best interest factor (d) favored defendant, no error occurred.



FACTOR E
As to best interest factor (e), the trial court focused on the fact that both parties had
family members who lived close to them. Testimony further provided that both parties had been
involved in a relationship since separation, with the permanence and stability of those
relationships being unknown. Contrary to defendant’s assertion, no error occurred regarding
factor (e) because the evidence does not clearly preponderate in favor of defendant.
FACTOR F
As to best interest factor (f), the trial court found that the parties were equal under this
factor, substantially relying on testimony that both parties had used profanity toward each other
and had generally acted inappropriately. While there may have been more testimony to suggest
that plaintiff cursed more than defendant, the testimony does not clearly preponderate in favor of
finding that best interest factor (f) weighed in favor of defendant because both parties
acknowledged acting inappropriately at times.

FACTOR H
As to best interest factor (h), the trial court found that the parties were equal under this
factor. Testimony provided that the minor child attended an educational program while the
parties were married and had been attending preschool sometime since moving in with
defendant. Testimony further provided that the minor child had done well while attending
daycare. This particular factor has little relevancy given the age of the minor child, and the
evidence does not clearly preponderate towards defendant as to this factor.
FACTOR J
As to best interest factor (j), the trial court found that the factor favored plaintiff.
Testimony provided that defendant did not allow plaintiff to see the minor child for three weeks
after she left the marital home. Additional testimony evidenced that defendant had not
demonstrated a willingness to facilitate a close and continuing relationship between the minor
child and plaintiff for an additional six week period in which defendant failed to exchange the
minor child at their agreed upon meeting place. The trial court’s finding that defendant was less
than credible in allocating blame on plaintiff will not be disturbed given the special deference
afforded the trial court when sitting as the trier of fact. Draggoo v Draggoo, 223 Mich App 415,
429; 566 NW2d 642 (1997). Accordingly, the record supports the trial court’s finding and
clearly does not preponderate in favor of a finding in favor of defendant in regard to factor (j).
FACTOR K
As to best interest factor (k), the trial court found that the parties were equal on the factor
given the lack of relevant evidence. While defendant argues that the record shows that plaintiff
used more inappropriate language than she did, this evidence did not rise to the level of domestic
violence as contemplated by the factor. Accordingly, no error occurred.
FACTOR L
As to best interest factor (l), the trial court focused on plaintiff being well-educated with
strong family values, being more financially secure and better able to provide for Emma, and
being able to provide Emma with a stable, loving, and constant home environment, and this
factual finding was also not against the great weight of the evidence. The trial court weighed
several factors in favor of plaintiff and ultimately concluded that it was in Emma’s best interest
for plaintiff to be awarded primary physical custody. Based on the factual findings that are not
against the great weight of the evidence, we conclude that this decision was not an abuse of
discretion.

Posted here by
Terry Bankert
http://attorneybankert.com/

Sphere: Related Content

HILLARY: Just let Michigan go!

Hillary, just do the right thing!Make Will wrong!
_____________________
GOOD MORNING FLINT!
BY Terry Bankert 2/22/08
http://attorneybankert.com/
_____________________
Summary at Flint Talk
http://flinttalk.com/
Full Article at: http://goodmorningflint.blogspot.com/
____________________

"I don’t belong to an organized political party," humorist Will Rogers once said, "I’m a Democrat."[TF)

Every time I think I have heard this statememt for the last time, then it gets paraded out again.[TRB)

Those responsible for the Michigan delegate debacle to meet in Flint Saturday,.[trb)

The prickly question lingers about whether Michigan delegates will be seated at the Democratic National Convention, members of the state's Democratic Party are coming to Flint.[FJ)

And when the state's Democratic Central Committee gets to the UAW Local 599 for a regular meeting, members will be greeted by a group of Barack Obama supporters.[FJ)

DAN KILDEE HAS ANNOUNCED HIS SUPPORT FOR OBAMA RECENTLY,HE WILL LEAD US OUT OF THIS MESS.

Local Obama fans will rally before the 11 a.m. meeting armed with signs that read "Follow the rules" and a passionate plea -- don't give Hillary Rodham Clinton 60 percent of Michigan's Democratic delegates.[FJ)

"The Democratic party's rules said that no one should have their name on the ballot in Michigan," said former state Rep. Floyd Clack, coordinator of "Genesee County for Obama."[FJ)

First, what rule did Florida and Michigan break?
Section 11A of the Selection Rules of the 2008 Democratic National Convention:

No meetings, caucuses, conventions or primaries which constitute the first determining stage in the presidential nomination process (the date of the primary in primary states, and the date of the first tier caucus in caucus states) may be held prior to the first Tuesday in February or after the second Tuesday in June in the calendar year of the national convention. [Except for Iowa, New Hampshire, Nevada and South Carolina].[MD)

THE NATIONAL DEMOCRATIC PARTY ASKED THE GOOD DEMOCRATS TO TAKE THEIR NAMES OFF THE MICHIGAN BALLOT. THEY DID.

In a widely expected move, the Democratic National Committee voted ...to strip Michigan of all its 156 delegates to the national nominating convention next year. The state is breaking the party’s rules by holding its primary on Jan. 15. Only Iowa, New Hampshire, South Carolina and Nevada are allowed to hold contests prior to Feb. [TNYT)

"Obama took his name off but Hillary left hers on. Everyone else was following the rules. When someone doesn't follow the rules, you can't reward them."[FJ)

The pseudo protest comes two weeks after the state's Democratic Party announced that Clinton would get 73 of the 156 delegates if the party's state's delegates attended the convention.[FJ)

Fifty-five delegates would be officially uncommitted.[FJ)

But Clack is still asking Obama supporters to attend and take a stand against what he says is an unfair disadvantage to Obama in a tight race.[FJ)

The efforts have baffled some Clinton supporters.[FJ)

But then some are easily baffled..[TRB)

THE STATE DEMOCRATS PARADE THEIR DEFEATED MAYORAL CANDIDATE AS THE LOCAL SPOKESMAN.

"The delegates need to be allocated according to adopted party rules. Any other suggestion is self-aggrandizing," said Clinton backer and former Flint mayoral candidate Dayne Walling.[FJ)

AL SHARPTON DIFFERS WITH WALLING

Seating delegates from Florida and Michigan at the Democratic National Convention would be a grave injustice, the Rev. Al Sharpton said Wednesday in a break with prominent civil rights leaders.[FN)

"I firmly believe that changing the rules now, and seating delegates from Florida and Michigan at this point would not only violate the Democratic Party’s rules of fairness, but also would be a grave injustice," Sharpton said in a letter to Democratic National Committee Chairman Howard Dean.[FN)

MOST DEMOCRATS FEEL THE MICHIGAN BRANCH SHOULD FOLLOW THE NATIONAL COMMITTEE RULES- ITS THE RIGHT THING TO DO! SOME DO NOT GET IT!

"The question would be on what grounds could an alternative decision be made?"[FJ) .said Walling

He said Obama chose to take his name off the ballot and his supporters should instead protest at his headquarters.[FJ)

"This is a historic and unusual situation but every group needs to abide by the letter and sprit of the law," he, Walling, said.[FJ)

"That claim, if true, should have been made many months ago before the decision was made to strip these states of their delegates, and, once the decision was made, it should have been vigorously objected to and contested by those who felt it disenfranchised voters," Sharpton wrote. "To raise that claim now smacks of politics in its form most raw and undercuts the moral authority behind such an argument."[fp)

But Walling was happy to see Flint playing host to the state's central committee meeting, which he said is a good way for "Flint to be on the political map."[FJ)

Who is this guy to be our spokesman![trb)

Most major Democratic candidates, including Obama and John Edwards, withdrew their names from the ballot because of the controversial decision to hold an early primary, breaking convention rules. [FJ) It was the right thing to do.(trB)

That left the former first lady as the only viable Democratic candidate on the ballot.Clack said Obama's Michigan supporters felt disenfranchised because they couldn't vote for him. While unlikely, Clack wants to see a compromise, such as Obama and Clinton each taking 50 percent of delegates.[FJ)

What really happened is that those supporting Clinton double crossed the rest of the Democrats in Michigan.(trb)

"It's just a reminder that we are watching and we don't want them to do anything that's unfair and against DNC rules," he, Clack, said of Saturday's rally, which likely won't include any public comments to the central committee.[FJ)

"The race is too tight, and that could be the difference."[FJ)

The party's state central committee rotates between different locations to meet every year. This weekend's meeting will include discussions and training on how to run the Congressional district conventions.[FJ)

Central committee members could not be reached for comment.[FJ)

Posted Here by
Terry Bankert
http://attorneybankert.com/

—where did this stuff come from----
[FJ)
The Flint Journal
http://blog.mlive.com/flintjournal/newsnow/2008/02/flint_to_host_democrats_as_sti.html

[TNYT)
The New York Times
http://thecaucus.blogs.nytimes.com/2007/12/01/democrats-strip-michigan-delegates/

[TF)
The Freep.com
http://www.freep.com/apps/pbcs.dll/article?AID=/20080218/BLOG24/80218020/1068/OPINION

[MD)
MyDD
http://www.mydd.com/story/2008/1/27/192143/621
[FN)
Fox News
http://youdecide08.foxnews.com/2008/02/13/sharpton-says-seating-florida-michigan-delegates-would-be-grave-injustice/

[TRB)
Comments by Terry Bankert
http://attorneybankert.com/

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BOOMERS AND GRAY PLAGUE!!!!!

BOOMERS AND GRAY PLAGUE!
_____________________
GOOD MORNING FLINT!
BY
Terry Bankert
2/21/08
http://attorneybankert.com/

Summary at Flint Talk http://flinttalk.com/viewtopic.php?p=25281#25281
_____________________

BOOMER WATCH!

I have spent the last 90 days involved in the decline of a parent. As a boomer I am amazed at how many people I know are involved in this now. Mabey I am just more sensitive to information about declining parents. Today I am looking at the drug Aricept.

The hand out literature says it is Donepezil used to treat moderate Dementia. The Side affect c an be Nausea, vomiting, diarrhea, loss of appetite, tiredness, drowsiness, trouble sleeping, muscle cramps.

A google found the following:

DEMENTIA

What treatments are available?
Currently, there is no cure for Alzheimer's disease (AD). ... For those who are currently suffering from AD, there are medications that can help control symptoms of the disease. In addition, medication treatments are also available to help manage agitation, depression, or psychotic symptoms (hallucinations or delusions), which may occur as the disease progresses. [ah]

ARICEPT

Aricept (Donepezil): Aricept (Donepezil) is indicated for the treatment of mild to moderate Alzheimer's disease. Aricept does not affect the progression of the disease and, as Alzheimer's worsens, the drugs' effectiveness will lessen too. ...lessen the occurrence and severity of other symptoms of Alzheimer's such as anxiety, agitation, agression, and depression. [g]

APPROVED DRUGS

FDA-Approved DrugsThere are five Food and Drug Administration (FDA)-approved drugs that can control symptoms and slow the progression of AD. Cognex® (tacrine), Aricept® (donepezil), Exelon® (rivastigmine), and Razadyne® (galantamine) slow the metabolic breakdown of acetylcholine, and make more of this brain chemical available for communication between cells. It has been known for some time that those suffering from AD have low levels of acetylcholine (an important brain chemical involved in nerve cell communication). This helps slow the progression of cognitive impairment and can be effective for some patients with AD. All of the medications mentioned above are approved for the treatment of mild to moderate symptoms of Alzheimer’s disease; however, in 2006, the FDA approved Aricept for the management of severe AD symptoms based on several clinical trials. Namenda® (memantine) was the first drug approved for the treatment of moderate to severe AD. Namenda is an NMDA receptor antagonist, and appears to protect the brain's nerve cells against excess amounts of glutamate, a messenger chemical released in large amounts by brain cells that are damaged by pathological processes associated with AD. [ah]

Does spending time with your loved one mean everything to you? If your loved one has Alzheimer's, Aricept® (donepezil HCl tablets) may help. Among available treatments, Aricept is the only one approved for all stages of [a]
Alzheimer's disease.It can help in the mild, moderate, and severe stages[a]

Alzheimer’s is perhaps the most feared disease of old age. Called "the gray plague," it makes once vibrant people debilitated and dependent (see my book, Tangled Minds: Understanding Alzheimer’s Disease and Other Dementias; NY: Dutton, 1998).[g]

It’s not surprising that family members of those afflicted are desperate for a treatment. It’s not surprising that physicians are eager to have something to offer—and one after another, the various proposed remedies have proved worthless or even harmful, including estrogen and Rofecoxib (Vioxx). [g]

NO CURE FOR ALZHEIMERS

While there is no cure for Alzheimer's disease, medical treatments are available to manage symptoms of the disease. Once-a-day prescription Aricept (donepezil hydrochloride) can improve cognition and maintain patient function in people with mild to moderate Alzheimer's disease. In a progressively degenerative disease such as Alzheimer's, improvement, stabilization or a less-than-expected decline is considered a positive response to treatment. These types of responses have been observed in patients treated with Aricept in clinical trials. Individual responses to treatment may vary.[DG]

DELAY DEMENTIA

Persistent treatment with Aricept® (donepezil hydrochloride) may have delayed dementia-related nursing home placement for Alzheimer's patients for close to two years (21 months), according to a new study. These results were presented recently at the 14th annual meeting of the American Association for Geriatric Psychiatry.[DG]

Are there drugs that can delay the onset of Alzheimer's disease?

Aricept (donepezil), an Alzheimer's disease treatment drug appears to have a slowing effect—though limited—on the progression from mild cognitive impairment to Alzheimer's disease, according to a study published in the April, 2005 edition of the New England Journal of Medicine. [ah]

These patients had the memory-related variety of mild cognitive impairment, a transitional stage between the forgetfulness of normal aging and the more serious memory decline and other problems associated with Alzheimer's disease. Over the first year of the three-year trial, mild cognitive impairment patients treated with Aricept had a reduced risk of progressing to Alzheimer's disease compared to patients who took placebo, an inactive pill. The study found the effect of the Aricept treatment lasted longer (up to two to three years) in those patients carrying the ApoE4 gene. Previous studies have shown those with the ApoE4 gene have a higher propensity to develop Alzheimer's than the general population. The findings of this study open the door for discussion of donepezil treatment on an individual basis for patients with mild cognitive impairment. Source: Mayo Clinic, Rochester and the National Institute on Aging
[ah]

ARICEPT DOES LITTLE TO CONTROL AGITATION

Donepezil (Aricept), a drug used to help preserve brain function in patients with Alzheimer's disease, does little it seems to help control the agitation often seen in patients with Alzheimer's disease, according to a report in this week's New England Journal of Medicine.[r]

ARICEPT

Aricept:
Was approved for the treatment of mild to moderate Alzheimer's by the FDA in 1996, and for the treatment of severe Alzheimer's in 2006 [a]

Was shown in studies to help cognition and function, which includes effects on memory and performing everyday tasks [a]

Is the #1 prescribed Alzheimer’s drug—worldwide, more than 3.8 million people have been treated with Aricept [a]

Is part of a class of medicines known as cholinesterase inhibitors [a]

Comes in 2 strengths, 5-mg and 10-mg. Your health care provider will determine the correct dose for your loved one. [a]

Is available in tablets and orally-disintegrating tablets (ODT) [a]

Is well tolerated [a]

How Aricept Can Help

New research has found that donepezil (known commercially as Aricept) is no more effective than a placebo at tackling the agitation which often accompanies Alzheimer's disease.
The findings, published in the New England Journal of Medicine, result from the CALM-AD trial which was set up by the Medical Research Council to look into the potential use of donepezil, to address the behavioural symptoms associated with Alzheimer's disease. Donepezil is part of a family of drugs called cholinesterase inhibitors which are primarily used to help enhance cognitive function. [nmn]

A significant proportion of Alzheimer's patients suffer from behavioural disturbances which are particularly distressing for both patients and their caregivers. Amongst the most troubling of these are symptoms grouped under the term 'agitation' which lead patients to pace, wander, shout or become aggressive. These symptoms are particularly hard to manage, both in the home and in residential care settings and have traditionally been addressed by sedation through the use of tranquilisers. [nmn]

Researchers have tested Aricept on people with mild and moderate Alzheimer’s. They also tested it on those with severe Alzheimer’s. The studies showed that Aricept helps cognition and function, which includes effects on memory and performing everyday tasks. Here are findings from 3 of the studies on which the FDA based its approval of Aricept:[a]

In this study, the time to placement in a nursing home was analyzed for 671 patients with mild to moderate Alzheimer's disease who had participated in one of three clinical trials with Aricept versus a placebo, followed by studies where everyone took Aricept. Patients' caregivers were interviewed to obtain information on the dates and reasons for nursing home placements that lasted for two weeks or more. Patients were categorized according to the length of effective treatment (5 mg or 10 mg a day) with Aricept (donepezil hydrochloride) during the clinical trials and follow-up studies.[DG]

Using statistical analyses, times to nursing home placement for dementia-related reasons were estimated based on different periods of drug treatment. These time estimates took into account each patient's age, gender, and severity of illness as measured by Mini-Mental State Examination (MMSE) scores at entry into a clinical trial, as well as change in caregiver and the patient's use of other cholinesterase-inhibiting drugs after completing participation in the Aricept (donepezil hydrochloride) clinical trials.[DG]

This study showed that patients who received Aricept for longer periods (an effective dose of at least 5 mg a day for at least nine to 12 months) had a 21-month longer delay in nursing home placement than patients who received no or limited Aricept (placebo, or less than 5 mg a day, or at least 5 mg a day for less than 80 percent of the time during a clinical trial).[DG]

15-week study

A 15-week study looked at Aricept in people with mild to moderate Alzheimer's. The study compared 2 groups. One of the groups took Aricept. The other group took a placebo (sugar pill). Each group took tests that measured their thinking, memory, and how they functioned in daily life, including effects on behavior. The researchers found that:[a]

Compared with the placebo group, the typical patient who took Aricept showed improvement on the ADAS-cog test, which measures how well they think, remember, communicate, and figure things out [a]

Patients who took the placebo did worse on the ADAS-cog test during the same period of time [a]

Compared with the placebo group, about twice as many patients taking Aricept showed clinical improvement in the CIBIC-plus test, an interview that measures a person’s ability to function [a]

30 Week Study

A 30-week study also looked at Aricept in people with mild to moderate Alzheimer’s. In this study, one group took Aricept. The other group took a placebo (sugar pill). Both groups took tests to measure thinking, memory, and the ability to function in daily life, including effects on behavior. Researchers compared the results to see if Aricept improved or maintained these functions. The researchers learned that:[a]

Compared with the placebo group, patients taking Aricept scored better on the ADAS-cog test over a 6-month period [a]

Compared with the placebo group, about twice as many patients taking Aricept showed clinical improvement in the CIBIC-plus test, an interview that measures a person’s ability to function [a]

6-month study

A 6-month study looked at patients with severe Alzheimer’s. All of these patients lived in nursing homes. The study compared 2 groups of patients. One of the groups took Aricept. The other group took a placebo (sugar pill). Each group took tests that measured their thinking, memory, and how they functioned in daily life. The researchers found that:[a]

Overall, patients in the Aricept group improved on the SIB test; those in the placebo group declined [a]

As a whole, patients taking Aricept declined significantly less on the ADCS-ADL-severe test than patients in the placebo group [a]

Aricept may not work the same for each person. Some studies have shown that symptoms may improve. If symptoms stay the same—or worsen more slowly than expected over time—this may also mean Aricept is working.[a]

As Alzheimer's disease progresses, your loved one's symptoms may change. Be sure to tell your doctor about any changes. This may help you and your doctor make the best decisions about care and treatment. [a]

The British think tank, NICE (National Institute for Health and Clinical Excellence), which evaluates the effectiveness of drugs and devices, reported last month that the drug’s usefulness is very limited. If it’s helpful to anyone, it’s mainly those with somewhat more advanced Alzheimer’s who stand to benefit.[g]

Is Alzheimer's disease hereditary?
Familial Alzheimer’s disease (FAD) is a rare form of the disease, affecting less than 10 percent of Alzheimer’s disease patients. All FAD is early-onset, meaning the disease develops before age 65. It is caused by gene mutations on chromosomes 1, 14, and 21. Even if one of these mutated genes is inherited from a parent, the person will almost always develop early-onset Alzheimer’s disease. All offspring in the same generation have a 50/50 chance of developing FAD if one of their parents had it. [ah]

Posted here by
Boomer Terry Bankert
http://attorneybankert.com/


—where did this stuff come from
[a]
Official Aricept web site
http://www.aricept.com/about/index.aspx?source=google&HBX_PK=s_aricept&HBX_OU=50&o=230600391658674670

[trb]
Comments of Terry Bankert
http://attorneybankert.com/
[DG]
Doctors Guide
http://www.pslgroup.com/dg/1f7166.htm
[ah]
Frequently asked Questions
http://www.ahaf.org/alzdis/about/adfaq_body.htm
[G]
Geriatric Drug Review -- Aricept
http://www.agenet.com/Category_Pages/document_display.asp?Id=106&

[NMN]
News Medical Net
http://www.news-medical.net/?id=30824
[r]
Reuters
http://www.reuters.com/article/healthNews/idUSKUA37693920071003
[g]
Dr. Gillick
http://www.drmurielgillick.com/2006/02/americans-alzheimers-and-aricept.html

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Omubudsman and Mr.Harris

A response to Alex Harris [AH] By Terry Bankert[trb]

Flint Ombudsman Brenda Purifoy and the office she oversees is a prime example of the utter waste taking place with our community's tax dollars. [AH]

I am sorry Mr. Harris that you side with those that do not want to hold government accountable.[trb]

With city revenues steadily dwindling, with major cutbacks in services on the horizon and with ever-growing deficits looming, taxpayers can ill afford the extravagence of Purifoy's do-nothing office that costs us $400,000 a year. [AH]

Did you join the Flint Journal Editorial Board and/or the City Adminstration Mr. Harris.[trb]

Brenda Purifoy has done a lot for us in Flint here are just a few examples from her annual report.[trb]

16-May-06 A Flint Police Officer is accused of favoritism, abuse of authority unfair treatment of a citizen because of friendship with the accuser.

30-Mar-07 Citizen confides in Ombudsman of possible drug dealing at corner store. Ombudsman refers same to Special Operations.

26-Sep-06 Complainant received notification from Flint Police Dept to pick up impounded vehicle. Upon checking found vehicle had already been sold.

23-Jun-06 The Office of the Ombudsman assisted complainant with negotiating payment of delinquent tax bill.

08-Jan-07 Allegations of unfairness and lack of courtesy was filed against Flint Police Officers while on duty.

18-May-06 Allegations filed against 911 Operator of negligence for not responding to a call. Ombudsman Office investigated the allegations and lack of response by Operator was sustained

06-Apr-07 Lack of discipline allegations was filed against Interim Chief of the Flint Police Dept. Damage claim form completed was submitted to the City Attorney.

19-May-06 Excessive Force complaint filed against Flint Police Officers

22-Aug-06 It has been determined that an off duty Police Officer violated numerous department rules and regulations regarding a citizens rights, consequently resulting in lawsuit.

25-Sep-06 Anonymous complaint made that certain employees misused Family Leave Act.

11-Sep-06 Allegations of harassment, unfairness and negligence by Building and Safety Inspection division regarding rental home inspection.

26-Sep-06 Allegations made against Flint Police Department of errors, carelessness, mistakes and oversight.

28-Nov-06 Allegation made against a Sergeant of the Flint Police Department alleging favoritism, rudeness, harassment and disrespect, regarding gun charges.

18-Jan-07 Complainant vehicle was towed and placed in the City Vehicle Impound Lot. Upon investigation found complainant had the wrong agency. Referred to Genesee Township Police Department. Flint Police was the assisting agency and not at fault.

23-Jan-07 Due to the negligence of an area hospital and its security a mentally challenged person wondered away. Missing persons complaint was filed with the Flint Police Department. Allegations of lack of response and negligence were filed against the Flint Police Department. Office of Ombudsman made appropriate contacts and assisted in locating the individual.

23-Mar-07 Complainant alleges off duty intoxicated Officers abused their authority by brandishing police badges, being assaultive, belligerent, intimidating and threatening while at complainants business.

15-May-06 Complainant alleges unfairness and inadequate investigation by Flint Police Department in the death of her son.

21-May-06 Complainant alleges he had a complaint against a judge and was as a result mistreated by police.

22-Aug-06 Complainant alleges unfair treatment by City Vehicle Impound Lot employees.

13-Feb-07 Complainant alleges items were withheld in a 1995 murder investigation family just wants closure and the items of their loved one returned. Police Dept accused of being rude and lack of courtesy.

23-Feb-07 Allegations made against Flint Police Department of abuse of authority violation of laws and regulations and injustice for the illegal searching of her home.

17-Jan-07 Allegations made against Treasury Department for violations of laws and regulations regarding property taxes

08-Feb-07 Allegations made against the Flint Police Department regarding the City Impound Lot for injustice and unfairness with towing of their vehicle.

15-Feb-07 Allegations of negligence made against Street Maintenance and Transportation.

23-Mar-07 Allegation of negligence were filed against the Forestry Dept. for not removing a City tree.

29-Mar-07 Office of the Ombudsman assisted mother in locating the whereabouts of her missing son.

13-Oct-06 Allegations against process server and police officer of taking property from his residence without having proper paperwork.

19-Sep-06 Allegations against police and City Impound Lot of unfairness and improper towing and retaining of his vehicle.

16-Apr-07 Treasurer Department accused of oversight and mistakes in law regarding high water bill.

20-Apr-07 Allegations made against Building and Safety Inspection of being rude and unfair.

01-Sep-06 Allegations of mistakes and administrative errors against Personnel/Risk Management.

21-Sep-06 Allegations made against Emergency 911 of unfairness and negligence in not dispatching police to a call in time.

31-Jul-06 Complainant made allegations against City Attorney Alleging rudeness and unfairness.

26-Jul-06 Allegations against probation officers at 68th District Court alleging abuse of authority, rudeness and unfairness.
--
Over the nearly two years this discredited former police officer has held the ombudsman's job, virtually nothing of value has been derived from her meager efforts. Look no further then her 2006-07 annual report to discover Purifoy's office is an outright sham. [AH]

Yours is just a cheap attack on the office that has held your friend accountable,Mr.Harris.[trb]

During that period, Purifoy and her staff made claim to having handled 1,118 complaints. While that figure sounds impressive enough, a closer review shows no tangible evidence of meaningful results.[AH]

Most cases resolve issues for the citizens involved not political gadflys like Mr. Harris.[trb]

The sad fact is only 34 notations were cited in the section of Purifoy's report titled "The office in action: case studies." Even more astonishing was the childish, diarylike quality of these brief notations that lacked any specificity. The chief highlights of these 34 notations seemed to be: two individuals got referred elsewhere, three complainants were "assisted," one investigation was "undertaken," and the office of ombudsman helped somebody complete a form. Wow, all that in just one year. [AH]

Alex you should do your homework you got it wrong.[trb]

Recently, Purifoy captured some newspaper print in the aftermath of a politically inspired affair she chose to interject herself into.[AH]

Mr. Hariis you have no credibility.[trb]

The so-called invest ligation Purifoy launched was inspired by a frivilous complaint against current Flint City Council President Carolyn Sims and stretched back to the November 2005 election cycle. [AH]

It appears to me she did her job.[trb]

Acting on the groundless claims of a woman who said she was deprived of the right to vote because of somebody associated with Sims, the ombudsman concluded that Sims should be criminally investigated for alleged campaign violations. Additionally, Purifoy demanded Sims be censured by her colleagues. [AH]

It was a tough stand to take, but our Ombudsman stood her ground,[trb]

It should be no surprise these pathetic claims were engineered by a bitter and defeated old rival of Sims, one Benny Spence. Ironically, this startling piece of detective work by Purifoy came long after the county clerk, city clerk and county sheriff all concluded there was no substance to these silly allegations. [AH]

Your saterical juvenile attack on the Ombudsman Mr. Harris is baseless, you should practice civility.[trb]

I believe there is ample proof Purifoy lacks the substance to hold the $70,000-per-year job as Flint's ombudsman. [AH] Non that I see.[trb]

With layoffs in full swing in our city, I can't think of a person more deserving of a pink slip. Besides, it might free her up to finally pay all the delinquent tax bills she owes in our community. [AH]

This is exactly the time we need an Ombudsman ,while resources are being reduced, less people to do more work. We need an Ombusdamn to make sure we are treated fairly.[trb]

Office of the OmbudsmanCity Hall - North Building Rm. 101 120 E. Fifth Street Flint, MI 48502 (810) 766-7335 Fax: (810) 766-7262 ----

[AH] Pink-slip Flint ombusdsman FLINT JOURNAL LETTER TO THE EDITOR FLINT THE FLINT JOURNAL FIRST EDITIONTuesday, February 19, 2008 By Alex HarrisJournal Reader http://www.mlive.com/news/flintjournal/index.ssf?/base/news-11/1203432615215630.xml&coll=5#continue

[trb]comments of Terry Bankert http://attorneybankert.com/

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