CHILD CARE WORKERS NEED A UNION

GOOD MORNING FLINT!
By Terry Bankert.
A Flint Divorce Attorney sharing his opinion.
12/29/09

DAY CARE WORKERS HAVE A UNION AND MUST KEEP IT.

We in Flint and the unions our families thrived because of or we currently belong to ,are being treated unfairly in the press.

Our own people are silent when the traditional forces of anti unionism raise their ugly heads. WHY?

Recently these forces have spoken through the mouth of John Stossel and the text of the Wall Street Journal. Two birds of a feather. Give me a break.

What is not in their stories is the plight of the worker in these under paid child care sweat shops.

Poor management, too many kids, harsh working environment, mean spirited parents, and the oppression of an unchecked state bureaucracy.

We have an insensitive state apparatus reacting to the minority of situations when children are put in harms way.

In response them bring easy but the wrong solutions. Oppress the workers!

Poorly thought out rules are inflicted on the majority of the good workers trying to earn a living to support their own children. These people need a union. They have one .

NOTES:

Flint Journal investigation: Horror stories dot some Genesee County child care facilities, state records show.[7] This is a system screaming for regulations. Bu worker rights must be protected too.

JOHN STOSSEL AND THE WALL STREET JOURNAL ARE COMPLETE BONE HEADS!

Recently much has been in the news of Michigan efforts to protect the state supported workers and children in day care facilities. Just when will their anti union retinoic end?

THERE ARE TWO PRESSURES AT WORK UNDER THE REALITY THAT PUBLIC ASSISTANCE IS MANDATE FOR THE CARE OF SOME CHILDREN.

1. WE NEED A HIGHER LEVEL OF ACCOUNTABILITY OF THE WORKERS IN THIS SYSTEM.

2.THOSE WORKERS DESERVE A UNION TO PROTECT THEM FROM THE OPPORESSIVE POWER OF UNCHECK STATE REGULATION.

Who are we protecting?"They are the people entrusted with watching your children -- but a slice of child care providers in Genesee County have been cited for violations that can stir a parent's worst nightmare, a Flint Journal investigation found. [7]

One provider hired someone who was listed in the Department of Human Services' central registry for child abuse or neglect without reporting it to the state, according to DHS investigation reports.[7]

Another caretaker allowed a person with a criminal background who didn't have state clearance to be alone with children.[7]

Improper supervision led to one child being locked outside and another to walk right out of the building without anyone noticing, state records show. Other times, children suffered injuries or were found engaging in inappropriate activities when apparently no one was watching[7]
　
　
THE NARRASISTICE KNOWN IT ALL JOHNNY ATTACK S FLINT WORKERS

The United Auto Workers has demonstrated how a bloated unionized workforce can help undermine an industry's survival. As auto jobs have disappeared, the union got creative in using government to keep the dues rolling in. That's apparent in Flint, Michigan, the birthplace of General Motors. (Remember them?)[4]
　
　
WHEN A STATE FUNDED SERVICE IS JOINED AS A VENDOR SPECIAL CONDITIONS NOW AS AN AGENT OF THE STATE OF MICHIGAN SHOULD BE EXPECTED

Michelle Berry runs a private day-care service from her home on the outskirts of this city, the birthplace of General Motors.[1]

BEFORE THE UNIONIZATION OF THE WORKERS CHILDREN WERE BEING HARMED.

Berry is among several providers and parents who contacted The Flint Journal after a two part Flint Journal series of violations related to background checks, supervision and health and safety at the more than 500 childcare providers in the county[6]

A Journal investigation of Department of Human Services public records found several severe offenses -- including one provider who hired a person listed in the DHS registry for child abuse or neglect and another who allowed someone with a criminal background to be alone with children[6]

"The Berry Patch," as she calls the service, features overstuffed purple gorillas, giant cartoon murals, and a playroom covered in Astroturf. [1]

Flint childcare provider Michelle Berry, who went into the business after contending her own son was emotionally abused at an area daycare. [6]

BERRY STARTED FOR THE BEST OF REASONS THEN SOLD OUT TO ANTI UNION FORCES

"There are many daycares in Genesee County that do not do what they're supposed to do and I know that," she said. "It leaves a sour taste in parents' mouths.
"But it reflects poorly on those who do. The ones who are doing everything they're supposed to do get forgotten."[6]
　
Her clients are mostly low-income parents who need child care to keep their jobs in a city that now has a 26% unemployment rate.[1]

That's when Berry, a mother of three, opted to watch children at her own home. Most of the families who Berry serves use state assistance for childcare -- which pays her $2.61 an hour.[6] Per child?
　
Berry was also mentioned in a Flint Journal Story earlier this year about the number of violations found in area daycare centers. In that story she said she went into the business after contending her own son was emotionally abused at an area daycare[5]
　
BERRY HAS REPLACED TRADITIONAL PUBLIC EMPLOYEES IN THE PROVISION OF STATE FUNDED CHILD CARE SERVICES

Ms. Berry owns her own business—yet the Michigan Department of Human Services claims she is a government employee and union member. The agency thus withholds union dues from the child-care subsidies it sends to her on behalf of her low-income clients. Those dues are funneled to a public-employee union that claims to represent her. The situation is crazy—and it's happening elsewhere in the country. [1]

STATE FUNDED CHILD CARE IS HIGHLY REGULATED REQUIRING THE VENDORS TO BE ABLE TO READ WRITE AND THINK.HERE 34,000 SAY THEY CANNOT

"Child care providers in general will have more rules and regulations to live up to than at any other time in history.[6]
　
A year ago in December, Ms. Berry and more than 40,000 other home-based day care providers statewide were suddenly informed they were members of Child Care Providers Together Michigan—a union created in 2006 by the United Auto Workers and the American Federation of State, County and Municipal Employees. The union had won a certification election conducted by mail under the auspices of the Michigan Employment Relations Commission. In that election only 6,000 day-care providers voted. The pro-labor vote turned out. [1]

IF YOU OPPOSE UNIONIZATION THEN CALL IT DIRTY WORK

Many of the state's other 34,000 day-care providers never even realized what was going on. Ms. Berry tells us she was "shocked" to find out she was suddenly in a union. The real dirty work, however, had been done when the state created an "employer" for the union to "organize" against. [1]

SOME WANT THEIR CAKE AND EAT IS TOO

Of course, Michigan's independent day-care providers don't work for anybody except the parents who were their customers. Nevertheless, because some of these parents qualified for public subsidies, the Child Care Providers "union" claimed the providers were "public employees." [1]

MOTT COMMUNITY COLLEGE TO THE RESCUE

Michigan's Department of Human Services then teamed with Flint-based Mott Community College to sign an "interlocal agreement" in 2006 establishing a separate government agency called the Michigan Home Based Child Care Council. [1]

STATE FUNDED HOME DAY CARE IS A GOOD THING. BUT IT IS STILL A STATE GOVERNMENT SERVCE.

Government officials at all levels, from the federal government to mosquito districts, are searching for new ways to make limited resources go a little further. One potential strategy already used in many jurisdictions is the use of interlocal agreements, allowing governments to cooperate with one another in the performance of tasks, thus achieving Economies of scale and reducing duplication of effort. The basic assumption is that larger size service jurisdictions make lower per unit costs possible. Economies are achieved either by pooling the resources of two or more jurisdictions to jointly provide services, or by contracting with a single large regional service provider. [3]
　
WE NEED RULES

This council was directed to recommend good child-care practices—and not coincidentally, to serve as a "public employer." [1]

IT WAS A SHELL GAME.

Although the council had almost no staff, no control over the state subsidies and no supervision of the providers' daily activities, it became the shell corporation against which the union could organize.[1]

JOHNNY BOY DID NOT RESEARCH ,STOLE THE WSJ ARTICLE THEN RAN HIS ANTI UNION MOUTH

The UAW's onerous work rules and "jobs banks" -- where workers were paid to sit around and watch TV -- helped crush the US auto industry. Now the union is moving to crush day-care providers and children.[4]
　
ERSATZ

Thus the state created an ersatz employer and an ersatz "bargaining unit" against which what was essentially an ersatz union could organize. [1]

Ersatz is A German word literally meaning substitute or replacement. Although it is used as an adjective in English…. While the English term often implies that the substitution is of unsatisfactory or inferior quality,…[2]

ONE CORPORATE VIEW IS “SIPHON”, AN OTHER IS PROTECTING THE WORKER.

Today the Department of Human Services siphons about $3.7 million in annual dues to the union—from the child-care subsidies. The money should be going to home-based day-care providers—themselves not on the high end of the income scale. Ms. Berry now sees money once paid to her go to a union that does little for her. She says she is "self employed and wants nothing to do with the union." [1]

UNIONIZATION WAS DULY CREATD BY LAW AND CAN BE UNCREATED BY LAW?SO WHAT IS THE REAL PROBLEM?

The union claims it is working for Ms. Berry and others like her by pressing the legislature to increase child-care payments. But lobbying is not an activity that requires compulsory unionism. [1]

REPUBLICAN ANTI DEMOCRATIC , ANTI FREE THOUGHT NON THINKING TANK IS DEEPLY EMESHED IN THIS OPENLY ANT LABOR INITATIVE

Sherry Loar, who owns a day-care center in Petoskey, Mich., is the lead client in a lawsuit brought against the Department of Human Services in state court by the legal arm of the Michigan-based Mackinac Center, a free-market think tank for whom we work. (Ms. Berry is petitioning to join the suit.) [1]

DO NOT TAKE STATE MONEY IF YOU DO NOT WANT STATE CONTROL

The case is based on the grounds that state law presumes that no one is subject to public-sector bargaining unless state legislation has made them so, and in this case, there is no legislation—only the flimsy interlocal agreement. "I'm not opposed to unions," Ms. Loar says, "everything has a place. But when we enter my door, this is my home."[1]

LABOR PEACE

The larger question, not part of this lawsuit, is whether this sort of unionization violates the U.S. Constitution. The freedom of association clause prevents compulsory unionism except, courts have determined, when it is necessary for "labor peace." But in this case, whom would the day-care providers riot against? The parents? [1]

UNIONIZATION OF HOME CARE WORKERS IS A GREAT NATIONAL MOVEMENT

The federal question may be raised soon, as other states have pursued similar unionization schemes over the past decade, primarily at the behest of the American Federation of State, County and Municipal Employees and the Service Employees International Union, better known as the SEIU. [1]

THESE WORKERS ARE ISOLATED UNDERPAID AND HARSHLY MANIPULATED

Fourteen states have now enabled home-based day-care providers to be organized into public-employee unions, affecting about 233,000 people. And nine have done so with home health-care providers. The idea to unionize in this way was hatched in California, though ironically Gov. Arnold Schwarzenegger has vetoed legislation to unionize child-care providers. [1]

TAKE THE STATE MONEY, MY MONEY, VENDORS HAVE TO PAY ,JOIN THE UNION, TO PLAY. WE WILL ALL BENEFIT IN THE END.

It's telling that in several states that have gone down this road, state and federal subsidies are the source of the union dues. In Michigan, the scheme is essentially throwing a cash lifeline to unions like the UAW, which are hemorrhaging members. [1]

MICHIGAN IS ENCOURAGING PRIVATE BUSINESS INVESTMENT

here's another, ironic twist to the story in the Great Lakes state. Last month the Michigan Economic Development Corporation granted a for-profit SEIU subsidiary, the SEIU Member Action Service Center, a $2 million refundable tax credit to locate a new business facility in the state that will provide administrative services for the union and other local labor organizations. [1]

ANTI MIDDLE CLASS WORKER MEDIA ATTACKES A GOOD UNION

The subsidy strikes us as inappropriate because it categorized the SEIU subsidiary as a business and occurred just before the 5,000 member SEIU local 517M granted the state wage concessions. Shamelessly, the SEIU requested the credit because Michigan has high labor costs.[1]

WE HAVE AN EVOLVING SOCIETY IN NEW WAYS WORKERS UNREPRESENTED WILL BE EXPLOITED

Some states are redefining straightforward terms—a union as a business, an employer as an employee—primarily to aid organized labor. This highlights the need to re-examine public-sector collective bargaining. Shielded from market pressures, public employee unions have driven up taxpayer costs for decades. Now labor leaders are shanghaiing entrepreneurs such as Ms. Berry and Ms. Loar into government unions because their clients receive government aid.[3]

UNIONIZE THE DOCTORS, GREAT IDEA

Who will be next? Grocers? Landlords? Doctors?[1]

Posted here by
Terry Bankert
http://www.flintfamilylaw.com/
See:
[1]
http://online.wsj.com/article/SB20001424052748703478704574612341241120838.html
[2]
http://en.wikipedia.org/wiki/Ersatz
[3]
http://www.mrsc.org/Publications/mrnews/articles/interlocal6-00.aspx
[4]
http://stossel.blogs.foxbusiness.com/2009/12/27/uaw-what-we-did-for-cars-well-do-for-your-kids/
[5]
http://www.mlive.com/news/flint/index.ssf/2009/12/flint_daycare_providers_intere.html
[6]
http://www.mlive.com/news/flint/index.ssf/2009/06/providers_and_parents_respond.html
[7]
http://www.mlive.com/news/flint/index.ssf/2009/06/flint_journal_investigation_ho.html

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Will Gandmothers House be torn down.

GOOD MORNING FLINT!
BY Terry Bankert.
12/27/09

Study: demolish entire neighborhoods.

WILL YOUR GRAMMA HAVE TO MOVE?

How should public policy be set in Flint?

For generations we have suffered the latest study by obscure but definitely private promoters eagerly promoted by the cheerleader ,local media ,as our salvation.

Caution is urged today.

I cannot honestly say than any variation of local elected officials in Flint or Genesee county is currently or was ever capable of independent ,through ,researched, evaluation and development of realistic public policy that will in turn increase our quality of life and economic life.

Against my better instinct my mind is open to another study on Flint NBH land use as cheered on but unanalyzed in today’s “The Flint Journal.” 12/27/09, page one above the cut on the left.
http://www.mlive.com/news/flint/index.ssf/2009/12/new_report_identifies_most_vac.html
　
NOW after we have suffered a year filled with guess work ,radical statements ,insensitive to us that are struggling to live in Flint . Yes some of us live on near deserted streets .

A” NEW” study has been released. College Kids? Working with the downtown business, Mott foundation and land bank interests?

Right ….is this new or is it a timed ,predictable, inclusion into the discussion about tearing down some Flint NBH to clear land for some possibly known but yet undisclosed development?

And in this corner the authors are “ University of Michigan Graduate Students” . With my Flint Uof M -Flint MPA I was one of them once. Good job gang. But, how much of this did you really write?

Why is the report directed to the Land Bank and not my Mayor of Flint nor the Flint City Council.

With County Treasurer Daniel Kildee off the job, he resigned, just who is the Land Bank now? Or is this report really directed to his foundation?

Just whose grandmother trapped in the families home in Flint will be forced to move if the Students plan is adopted as our land use policy.

I guess I am making an assumption that we have a role in this policy adoption process.

We do don’t we?

Back to the open mind thing. We should read the report. The most likely real author Eric Duewekee community partnership manager for the Urban and regional Planning Program at UofM-Flint said “There has to be a kind of game plan for the reuse of vacant land.” I agree.

But who creates the final game plan for our neighborhoods. Elected leadership or privately funded consultants? When this is over it will be both.

We are at the cutting edge of new inner city land use policy, TEAR IT ALL DOWN! Maybe you do have to tidy up the clearance process that the free market is already doing. Just drive around Flint, lots of empty city parcels and abandoned houses.

The Journal says the report was funded by the Genesee Institute. Who runs and funds this operation?

In the article the Journal observes and says essentially those that do not parrot the downtown business (Reinvestment Group), Mott Foundation, Land Bank line should be careful.

Their remarks “…could spark the emotional debate about shrinking the city all over again.” I guess how you characterize this discussion depends on whose home is being torn down and who makes the decision.

Mayor Walling Says “This Administration will not choose winners and losers.” Good Point.

Mayor Walling says “ We will not treat some better than others.’ BETTER POINT.

Some are critical about the approach being promoted by the Journal and advocated by essentially unknown others .

Woodrow Stanley , County Commissioner, says “…a straight scholarly approach that does not include resident in the process shouldn’t go anywhere.”

So the debate continues, just what does Flint do with its vacant land and just who should make the decision.

It seems to me that the Land Bank is central to this decision and the future of Flint.

With the County Treasure running the Land Bank and the Treasures position being vacated it is critical to pick the right person to fill this position.

We must demand a person in that position who is sensitive to the needs of the citizens of Flint.
Three local politicians will fill the treasures position.

I suggest we let them know what kind of vision for Flint we want to see in that position.

Posted here by
Terry Bankert
http://www.flintfamilylaw.com/
　

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Sam Riddle I wish you well.

GOOD MORNING FLINT.
12/27/09
By Terry Bankert

The end of this story is ‘ Sam Riddle found innocent on all counts in all courts including the court of public opinion.” How will he do this? Heck if I know! But my opinion is that if anyone can pull himself out of this pickle he is in its Sam Riddle.

I know a little bit about politics but I have always viewed Sam as a “better”.

I once ran for city council suffering an agonizing defeat wondering where all my friends went.

Well one did not walk away and that was Sam Riddle. I will not walk away from him. Sam is also not someone to trifle with so as I post on the subject of Sam Riddle I do so in a manner to demonstrate I am still his friend.

So what do you do when people you know are hip deep in it. Tell the world how you feel, offer assistance and wish them well.

Sam Riddle is Flints rough edge cowboy of politics, brilliant, a maverick, tough and his own man.

In Flint , Michigan and National politics he could be found one step in the background dealing with big people, big issues and big media. Heck I don’t know what he was really doing or how he did it.

I just knew he was a Flint Guy making a lot of things happen.

I have asked him for opinion and advice on issues before me and would not hesitate to do so again. I am making no judgment on the events he is embroiled in today. I just know if anyone can extract himself from this its Sam Riddle.

So no matter how this turns out I am grateful to this man who has offered me a helping hand.

His name is Sam Riddle and he is my friend and I wish him well. You should too.

Posted here by
Terry Bankert 12/27/09
http://www.flintdivorce.com/

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PUBLICLY INTERVIEW COUNTY TREASURER APPLICANTS!

GOOD MORNING FLINT!
BY Terry Bankert
12/24/09

Mayor Walling is right, when he says, trees do not pay taxes.

Vacant abandoned homes do not pay taxes either.

Residents trapped between run down rental property, thanks to the Political Clout of the Genesee Landlords Association, and empty and sporadically maintained property thanks to the Land Bank are paying taxes at a rate higher than the fair market value of their property because of state law.

We are at a cross roads. Daniel Kildee as a public servant has assembled a significant block of property .

He has our thanks but now what is to happen to these properties.
http://www.mlive.com/news/flint/index.ssf/2009/12/al_jazeera_report_highlights_f.html
　
What is the plan of Dan Kildee the private person working off a grant from the Mott foundation and in concert with his friend at the Genesee Regional Chamber of Commerce ?

What do they have in mind for our quality of life as driven by land use policy in part?

Now as Kildee abandons his post as country treasure and his statutory leadership of the land bank what is our communities vision?

What are our plans for the use of this land?

Why cannot the public directly and through our elected council and mayor discuss this at hearings?

Where is the public agenda ?

Where are these decisions really being made?

The only neighborhood agenda in Flint is being played out by the obscure policy actions of the Land Bank.

Why?

What is ironic as the country treasure position is being vacated County Clerk Carr and County Treasure Kildee say the position should be left vacant.

At the very moment that public leadership is needed there are interests that want our voices to not be heard through our appointed/elected leadership.

Soon three county political figures will fill the County Treasures position abandoned by Kildee.
Who is lobbying these three politicians?

What is the criteria to be used in this selection?

What deals are being cut?

These are logical questions we should all be asking.

Needed is transparency in the process for selecting the next county treasurer.

I hope the interview process is open to the public and media.

Is it?

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

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CITY CHARTER REVISION PROCESS BEGUN?

GOOD MORNING FLINT
By Terry Bankert a Flint Divorce Attorney sharing his opinion.
12/16/09

A meeting took place on Dec. 15 at 6:30 pm, in room 205 of the Flint Public Library about the following report.

That is found below in its entirety.

The Flint Journal by way of Kristin Longley was present. This neutral coverage can be found in her article. Link to Longley article to be posted here. Please take the time to review it. http://www.mlive.com/flint/
12/14/09 on MLIVE http://www.mlive.com/news/flint/index.ssf/2009/12/league_of_women_voters_to_disc.html

12/09/09 on MLIVE
http://www.mlive.com/news/flint/index.ssf/2009/12/flint_city_council_postpones_d.html

Its interesting that TV 12 did not cover the event.

No neutrality is claimed on my part. That discussion will occur later.

But first “What am I.”

Here I look like a community blogger new media participant with too much time on my hands. Not true I am so busy I cannot take lunch and I work weekends.

Am I an ex politico , (Dem Pty City Clerk City Ombudsman), looking for a new new gig, no I have given up on that.

Am I another narcissistic egotist in Flint politics that seeks the rush of public attention. God I hope not.

What I hope I am here is a responsible Flint Citizen participating in the public policy debate of my City. As such I am not neutral.

My goal is to encourage you to step forward and participate. Our Flint City will be better off for it.

The purpose of this What am question is to make it clear I am not a neutral here, I am not always right, form your own opinions with multiple sources of information. With that disclaimer "Lets get er done".

Please become involved in this debate. LEAGUE OF WOMEN VOTERS ,(LWV),OF THE FLINT AREA Slide Show 12/15/09 http://www.flickr.com/photos/30366181@N05/sets/72157622885034475/show/
Thumbnail 12/15/09 http://www.flickr.com/photos/30366181@N05/sets/72157622885034475/

It was a cold icy night with travel warnings. The LWV presented their product. This is an excellent example of the work that a thoughtful civic organization can contribute. My hope is that they will be the launching pad for an intense community discussion on how our city should be organized. The landing pad will be with the mayor , the Flint City Council, and the community by way of public debate and electoral ballot question(s).

I suggest we conduct A "FLINT; GREAT CITY AND GOOD GOVERNMENT" SERIES OF PUBLIC HEARINGS/DISCUSSIONS ON 12/15/09 .

Multiple agendas were present and active in the room.

There was a quorum of the Flint City Council present.

They were careful in my opinion to not violate the open meetings act.

Delrico J. Loyd -1st Ward present 12/15/09 at LWV dloyd@cityofflint.com
Jackie Foster Poplar-2nd Ward not present 12/15/09 at LWV
Bryant W. Nolden - 3rd Ward not present 12/15/09 at LWV
Joshua M. Freeman - 4th Ward present 12/15/09 at LWV
Bernard Lawler - 5th Ward present 12/15/09 at LWV
Sheldon Neeley- 6th Ward not present 12/15/09 at LWV
Dale K. Weighill - 7th Ward present 12/15/09 at LWV
Michael J. Sarginson - 8th Ward not present 12/15/09 at LWV
Scott Kincaid - 9th WardPresent 12/15/09 at LWV

There were nine members of the Flint City Council 5 were present 12/15/09 at the Flint League of Women Voters meeting.

Flint City Charter Sec. 3-203 QUORUM.

A majority of the members elect of the City Council shall constitute a quorum, but a smaller number may convene and adjourn from time to time. The City Council may compel attendance of absent members in the manner and subject to the penalties provided by ordinance.
(Adopted by the electorate, 11-5-74)

The Open Meetings Act, Public Act No. 267 of 1976, protects your right to know
what’s going on in government by opening to full public view the processes by which
elected and non-elected officials make decisions on your behalf.[1- http://www.legislature.mi.gov/documents/Publications/OpenMtgsFreedom.pdf ]

“Meeting” means the convening of a public body at which a quorum is present for the purpose of deliberating toward or rendering a decision on a public policy.[1]

Here the Flint City Council did not convene the meeting nor control the discussion of agenda. No conclusion was made. In fact several council people present indicated that there was a quorum present and moved the discussion on how to get the LWV report properly before the entire council. They simple listened to the report of the LMV and made several comments and shared some opinions. see MCL 15.621

An unresolved question on 12/15/09 is how much of a change to the charter can be placed on the ballot without requiring the election of a Charter Revision Commission?

How should the Council and Mayor approach this question?

One suggestion is to form a Citizens committee inclusive of members of the City Administration and City Council to study the LWV report collect information, conduct public hearings and generate a more detailed community based report.

The recommendations would be one of three.
1. Do nothing except to comply with the current City Charter.
2. Recommend changes to tweek the charter.
3. Elect a Charter Revision Commission to make significant changes to the Charter.

Review of the Flint City Charter follows, produced by the LWV

***

Several events within city government in 2008, led to a review of the City Charter by the League of Women Voters of the Flint Area (LWVFA).

There were no preconceived or predetermined results or course of action. The review was limited to the concerns which had been expressed. It was not to be a detailed examination of the Charter.

The LWV can take action when a study has taken place and a position developed.

The position regarding the City Charter was developed in the early ‘70s, updated in 1995.

The position is as follows: FLINT CITY CHARTER: Support of Charter with the following standards:
A. Support a strong mayor elected on a non-partisan basis.
B. Support non-partisan election of council persons.
C. Support a direct line of responsibility and accountability to be clearly established for all departments, agencies, boards, and commissions for the function of city government.
D. Support a responsible and accountable financial structure under the juris- diction of the executive.
E. Support City Council power to override a mayoral veto by 2/3 vote.
F. Support a personnel system under the jurisdiction and responsible to the executive with policies consistent with sound personnel procedures, which allows for a grievance commission responsible for employee appeals and accountable to City Council.

The concerns included:
- adoption of the budget,
- Mayor’s intransigence,
- lack of civility and respect of Mayor and Council,
- litigation brought by vendors, employees, citizens,
- role of the City Attorney,
- legal representation for City Council and city employees,
- interim appointment of Police Chief,
- operation of Civil Service Commission,
- role of City Clerk.

The League decided to look to the Charter for answers.

The committee which was to review the Charter decided to meet with several persons involved in the drafting of the Charter as well as those charged with implementing the Charter.

All respondents were asked two questions:

Has the revised Charter been effective?

Do you think there should be any changes in the Charter?

From the Charter Revision Committee were Dr. Peter Gluck, researcher; Thomas Donnellan, attorney; Carl Bekofske, chairman; Joe Conroy and John West, Jr., members. Mr. Bekofske was on the first council following adoption of the revised Charter. He also served as City Attorney. Joe Conroy had perspective as a member of the Charter Revision Committee and member of a Mayor’s Administrative Team. Other participants were City Attorneys William H. Crawford II, Michael Joliat and Olof Karlstrom; Rick Crannie and Doris Petross Buckner of the Civil Service Commission; James Ananich, president, Ehren Gonzales and Scott Kincaid, City Council; Josh Freeman, former City Council member; Tony Morolla, former Civil Service Commission Chair and the first Personnel Director; Inez Brown, City Clerk; and Angela Watkins, Acting City Attorney. Unfortunately, the committee was unable to connect with Darryl Buchanan. He had been City Administrator, member and President of City Council and Ombudsman. Trechelle Young, City Attorney, was scheduled to meet with the committee. Unfortunately, that meeting did not take place.

The majority of the consultants believed the Charter needs only to be tweaked (amended).

Some believed there should be total revision.

Dr. Gluck believed the Charter should be overhauled . . . . . . . .

The current Charter could be rewritten, reduced to less than seventeen pages.
Function of the Charter is to be flexible and enabling.

Present Charter is overly restrictive and disabling.

A citizen should be able to pick up the Charter, read and understand it.

The prior city attorneys were in agreement that the Charter is clear that all legal personnel are to be retained by the City Attorney.

They were emphatic that the City Attorney represents the City, not the Mayor not City Council. Departments and executives needing legal representation often chose an attorney with the required expertise from two or more suggested by the City Attorney.

The budget was usually adopted, sometimes with contentions resolved later.

Some issues not addressed in the current Charter are:
1) Guidelines for employment of an interim department head or official;
2) Remedy for failure to appoint members of a Board or Commission, thereby rendering the body ineffective;
3) Procedure to resolve intransigence when alternative action is available.

The Charter is available through the American Legal Publishing Online Library, although the amendments may not be there. http://www.amlegal.com/

The committee undertook a limited review of the Charter based on questions about certain activities of the Mayor and City Council mentioned in news items.

The conclusions cited below are summary statements based on statements from the consultants. Conclusions 1. Reduce the number of mayoral appointees. There can be 21.

The Mayor is charged with appointing –
a) City Administrator
b) Executives responsible for budget, personnel, legal counsel and administrative services – not to exceed 10
c) Executive Departments to administer responsibilities for Public Safety, Public Works, Utilities, Parks and Recreation, Transportation, Finance, Community Development, and Environmental Protection – not to exceed 10
d) Should Council approve appointments?
2. Reduce the number of wards Loss of population, businesses and loss of tax base
3. Establish guidelines for interim appointments 90 day term advocated
4. Eliminate office of Ombudsman
a) The effectiveness of this office was severely compromised due to a 7- year span of inactivity b) Replace with Police Commission or Citizens Advisory Board
c) What about non-police complaints?
d) Combine with Standards of Conduct Board

5. Establish a process to assure fiduciary responsibility

6. Combine departments, e.g., Budget and Finance, Public Safety (police and fire), etc.

7. Establish, maintain (update) Master Plan

8. Revisit strong mayor vs. city manager Assure professional personnel

9. Revisit election (selection) of Council members and Mayor Election cycle: Mayor - presidential year; Council - gubernatorial year; staggered terms Wards: at large elections or combination

10. Revise section regarding City Clerk Role and responsibilities

11. Revisit (clarify) responsibilities of City Attorney Guidelines for representation

12. Retain Civil Service Commission Appeal process for non-union employees

13. Review City Charter periodically Ten year intervals (Model review after legislative review of state Constitution)

14. Direct correlation between character and performance of officials

15. Implementation of Charter is responsibility of the citizenry

The citizens have the responsibility, ultimately, for city governance.

The committee would recommend to them that –

City Council review, periodically, the Charter and make any changes which seem advisable; and that A Master Plan for the City be maintained.

Respectfully submitted,
Rhina Griffel Helen Hoyt Ann Kraft Jack Minore Paul Rozycki Edith Prunty Spencer, Chair November 2, 2009 P.O. Box 230, Flint, Michigan 48501 http://www.lwvflintarea.org/
***

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

http://flinttalk.com/viewtopic.php?p=50122#50122

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CHERRY GETS IT RIGHT

The Cherry initiative is perfect. Why not protect our water and children at the same time. For progress we have to protect transportation, education, workers and water. Cherry has plan and a vision. I see him as governor, don't you?
http://www.mlive.com/news/grand-rapids/index.ssf/2009/12/john_cherry_pitches_10_cent_fe.html

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Flint small busines turns up the volume!

GOOD MORNING FLINT!
12/11/09
BY
Terry Bankert , Flint Divorce Lawyer sharing his opinion.

I attended the City of Flint Forum on Economic Development hosted by Mayor Dayne Walling.

Thumbnail pics
http://www.flickr.com/photos/30366181@N05/sets/72157622978643958/
Slideshow
http://www.flickr.com/photos/30366181@N05/sets/72157622978643958/show/
　
　
Flint's mayor is following the White House's lead in seeking ideas for boosting the economy. Mayor Dayne Walling …[hosted]…a Jobs Growth and Economic Development forum on Thursday evening at City Hall. He says it's part of an effort to focus on transforming Flint into a 21st century sustainable city.[2]

More than 100 people turned out for the Jobs Growth and Economic Development forum on Thursday evening at City Hall.[3] I counted 150.

I presented to Dawn Jones the Mayors PR person comments I compiled ,from you, using Social Media Tools.
　
Last week the President of the United States Barack Obama conducted his own event and challenged every community to do the same. Mayor Dayne Walling stepped up to the challenge. I give him an A+.

Mayor Walling says it’s a chance at federal investment. “We always want to get more attention from the White House,” says Walling. “They control a lot of money, and we want to get that here for our local projects.”[3] You have to pay your dues to be listened to. Flint should now have the Presidents ear.
　
Why do I think Walling should get an A+?

This meeting could have been total bull crap with a pre-planned package of economic proposals that benefit a small group of seven or so fronted by the very private Genesee Regional Chamber of Commerce an guided by the omniscient eye of the Mott Foundation.

There were elements of this present but… The real deal was the large number, 100+, of small business people.

Who are these small business people?

They are working people who have put up all their money to build a business to support their families and those of a couple employee. This type of person dominated the audience.


The Mayor introduce the purpose then led with a Regional Chamber of Commerce , a jobs central presentation was made, why I don’t know given the topic but they are doing great things.
Next up was a number wonder who put up some graphs proving once and for all we have lost manufacturing jobs and educational institution are a big part of our economy.

The Flint area's regional seasonally unadjusted jobless rate of 15.2 percent was among the highest in the state in October. It's trying to attract employers as it works to find ways to survive and thrive as a smaller city.[2]
　
One of these small business people followed talking about his solar panels and the huge support Kettering University has given him allowing for his serious competition in the market place.

A consultant, spoke you know the guy paid to put together the real plan.

He was followed by the heir apparent to the Charles Stewart Mott Foundation, a guy with a first name sounds like a perilous trail, deep pockets smart committed and even without the money somebody we should listen to. Unlike his father he wore leather shoes.

During the question and answer a couple of gadflys spoke but mostly it was a real deal testimonial of people interested in the business of small business in Flint.


Several spoke. One of the most riveting was by Dan Schmier i.e. “Dan The Travel Man’ and his attempts to create a host agency to expand his business in the Flint area.

Check out his link. http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.danthetravelman.com%2Finvestment-opportunities%2Findex.htm&h=129b6518a5fa4ac1c00119aca117ebcf
　
Walling took notes as residents and community leaders shared ideas. He says key points to drive home to federal leaders include the need for access to credit for small businesses, investment in green technology, and continued support for the unemployed[3]

DISCUSSION QUESTIONS

1. From what you have seen, or seen reported about the Presidents jobs forum on December 3 , what seems relevant to our community?

2.What parts of our local economy are working or thriving? What businesses and sectors are expanding and hiring?

3.What parts of our local economy are not working or thriving? What business and sectors have been hit the hardest? What are people in our community struggling with the most?

4.What are the opportunities for growth in our community. What businesses and sectors seem poised to rebound? What do you see as the jobs for the future?

5.What are the obstacles to job creation in our community? What could make our businesses more likely to start hiring?

6.What other issues and ideas should the President and Mayor Walling consider for sparking job creation in our community?

Consider sharing your thoughts on these questions with the Mayor.
http://www.cityofflint.com/emailus/e_mail.asp
Or
http://flintdawn.blogspot.com/
　
Mr. Mayor every time a business person make an inquiry about locating in Flint or receiving City help to stay in Flint you should assign an appointee to shepherd them through the city system and report to you directly.

What did I feel when I left?

1.There is a business pressure to stay or locate in Flint or at least near. This is the market at work. Our governments job is not get in the way, encourage and create quality services for business and residents alike.

2.I sure hope the City follows up with those that spoke.

3.Mayor Walling has earned another door opener with the Obama Administration, and should have a seat at the table with the economic actors moving this City forward.
　
I left just before the Q and A ended and Walling was to speak again. My wife was waiting for me at the “Loft” and I was 30 min over due. I prefer her company.

At 58 and 15 years into a downtown Flint small service business and having invested /risked 50k in the Atwood rock concert last August my view of things has changed. Human rights, worker rights must always be protected but equally now I think those that risk economically should benefit more we need to encourage that. Most new and current jobs are in small business.
"What we need are some new solutions to old problems," …[Walling]…said.
"This community has been plagued by high unemployment for far too many years. We now have a president who has called for ideas and input from everyday citizens."
Information from Thursday's meeting will be compiled and sent to the White House.[4]
　
　
So what would I holler out to this Obama Walling imitative.
　
　
ECONOMIC DEFVELOPMENT IS A BOTTOM UP NOT TOP DOWN PROCESS.

Just as in “All politics is local,” “All economic development is bed rocked on stopping a small business from leaving Flint and doing all things possible to encourage the next one to locate in Flint“.

Posted here by
Terry Bankert
http://www.attorneybankert.com/
　
　
See
[1]
http://www.mlive.com/news/flint/index.ssf/2009/12/poll_participants_mixed_on_may/2552/comments-newest.html
[2]
http://www.google.com/hostednews/ap/article/ALeqM5hljEtX38zNvM7u9KCsWnS9REzGjwD9CGHKRG0
[3]
http://www.connectmidmichigan.com/news/story.aspx?id=388952
[4]
http://abclocal.go.com/wjrt/story?section=news/local&id=7164044
[5]
http://www.connectmidmichigan.com/news/story.aspx?id=388393
[6]
http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.danthetravelman.com%2Finvestment-opportunities%2Findex.htm&h=129b6518a5fa4ac1c00119aca117ebcf
　
Agenda.

City of Flint Jobs Growth and Economic Development Forum
12/10/09 6 pm Flint City Hall Chambers
Hosted by Mayor Dayne Walling
Moderator David Solis Director of Governmental Policy Flint
Welcome -Dawn Jones
Opening remarks Mayor Dayne Walling
Presentations
ED DONOVAN-Senior Vice President Economic Development, Genesee regional chamber of Commerce.
RHEA ACUNNA-Regional Economic Analyst State Bureau of Labor market Information and Strategy Initiatives
JEAN HILL- Executive Director Flint Job Corps Center
RIGEWAY WHITE- Project manager Uptown Development
HOWARD CROFT- Owner Mid-Michigan Solar
CHRIS BREWER

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WHAT DO YOU THINK WE SHOULD DO

GOOD MORNING FLINT!
12/10/09
BY Terry Bankert
A Flint Divorce Lawyer sharing his opinion on issues you may find important.
Link to this post.
http://goodmorningflint.blogspot.com/2009/12/what-do-you-think-we-should-do.html

See responses at end of article!

Mayor Walling will host a Jobs Growth and Economic Development forum on Thursday, December 10, 2009 from 6:00 p.m until 8:00 p.m. in the 3rd floor city hall council chambers at 1101 South Saginaw Street. [6]
　
Recently the Mayor of Flint has called a hastily arraigned summit later called a forum in Flint City Hall at either 3 pm as channel 25 reported or 6 pm as reported elsewhere see above. It is at 6 P.M..

Why, so he can tell Obama he did it and to cater to the agenda of the Regional Chamber of Commerce [a private club].

But beyond that how can we make it meaning full. I suggest using the tools of social media by your answering the following question and get them quietly to the mayor or scream them lout publicly, my choice. Post to my face book of blog an I will help you.

QUESTIONS, DO YOU HAVE ANSWERE TO SHARE WITH THE PRESIDENT THROUGH OUR MAYOR?

1.WHAT CAN FLINT DO TO BRING NEW INVESTMENTS INTO FLINT?

2.WHAT CAN FLINT DO TO HELP EVERY RECOVERY DOLLAR GET TO WHERE IT IS SUPPOSED TO GO AS QUICKLY AS POSSIBLE?

3.WHAT IS HOLDING BACK BUSINESS INVESTMENT IN FLINT?

4.HOW CAN WE INCREASE CONFIDENCE IN FLINT AND SPUR BUSINES INVESTMENT?

5,WHAT IS THE CITY OF FLINT DOING THAT INHIBITS RESIDENTS AND BUSINESS FROM INVESTING IN FLINT MI?

6. CAN THE SCHOOL SYSTEM K- COLLEGE AND THE UNIONS DO TO BETTER SUPPORT AND PREPARE OUR WORKERS?

Let the mayor know at
http://flintdawn.blogspot.com/
Or
http://www.ci.flint.mi.us/
Or tell it to the world.
http://goodmorningflint.blogspot.com/
Or
http://twitter.com/terrybankert
Or
http://www.facebook.com/attorneybankert
　

notes-

Flint's mayor is following the White House's lead in seeking ideas for boosting the economy. [1]
Obama asked that communities report back with the ideas and recommendations that result from the local forums. [4]

"I want to hear about what unions and universities can do to better support and prepare our workers -- not just for the jobs of today, but for the jobs five years from now and 10 years from now and 50 years from now," Obama said, according to the text of his speech.
[4]

"I want to hear about what mayors and community leaders can do to bring new investment to our cities and towns and help recovery dollars get to where they need to go as quickly as possible," he said. "I want to hear from CEOs about what's holding back our business investment and how we can increase confidence and spur hiring. And if there are things that we're doing here in Washington that are inhibiting you, then we want to know about it."[4]
　
Mid-Michigan's largest city also has the highest unemployment.[2]
Now, the City of Flint is asking for new solutions to help combat the old problem of joblessness.[2]

Thursday afternoon city officials are asking its residents to come to city hall to be a part of helping to reverse the unemployment trend. Residents will have a chance to offer ideas and suggest solutions to the problem.[2]Mayor Dayne Walling is hosting a Jobs Growth and Economic Development forum on Thursday evening at City Hall. He says it's part of an effort to focus on transforming Flint into a 21st century sustainable city. [1]

President Barack Obama held a jobs forum last week, where he solicited ideas to accelerate job creation. [1]

MAYOR WALLING HAS SPENT A WEEK SETTING UP THIS SUMMIT/FORUM

Flint Mayor Dayne Walling said ..[12/4/09]…he welcomes the opportunity, and the city is looking into holding its own forum. The details are to be announced.[4] The details were release to us Wednesday 12/7/09
　
The jobs forum that Obama will host at the White House on Thursday is an acknowledgment that employment is not bouncing back as quickly as it used to after recessions. It's an opportunity for the president to show that he's engaged and on the job of finding jobs.[3]

The risk for Obama is that the forum may be perceived as a public-relations gambit, as Republicans assert. That could further fuel perceptions that Obama has trouble making up his mind to take action, an allegation leveled by critics for the months he took in formulating his new Afghan war plan.[3]

Thursday's gathering of top business leaders and economists comes amid rising populist outrage and a potential political backlash against majority-party Democrats, especially those whose message appears to be that there's little more the government can do on employment[3]

The Flint area's regional seasonally unadjusted jobless rate of 15.2 percent was among the highest in the state in October. It's trying to attract employers as it works to find ways to survive and thrive as a smaller city. [1]

The ideas will then be sent to the White House for consideration.[2]

"One of the unique features of our conversation is that we're not only asking citizens to talk about what the White House can do. We also want to know what city hall can do."[2]

The Jobs Growth and Economic Development Forum will take place on 3rd floor of the Flint City Hall Thursday at 3:00pm.[2] wrong its at 6pm.

Posted here by
Terry Bankert
http://www.flintdivorcelaw.com/
　
　
[1]
http://www.chicagotribune.com/news/chi-ap-mi-flinteconomy,0,118593.story
[2]
http://www.connectmidmichigan.com/news/story.aspx?id=388393
[3] 12/1/09
http://www.chicagotribune.com/topic/sns-ap-us-vanishing-jobs-analysis,0,6943843.story
[4]
http://www.mlive.com/news/flint/index.ssf/2009/12/post_65.html
[5]
http://www.ci.flint.mi.us/
[6]
http://flintdawn.blogspot.com/

SOCIAL MEDIA RESPONSES
12/10/09
10:54 AM

FROM ADAM

1.WHAT CAN FLINT DO TO BRING NEW INVESTMENTS INTO FLINT? Make Flint more investment friendly and less fine/fee and ordinance/regulation happy

2.WHAT CAN FLINT DO TO HELP EVERY RECOVERY DOLLAR GET TO WHERE IT IS SUPPOSED TO GO AS QUICKLY AS POSSIBLE? Remove the "leeches" that suck off the "public tit".

3.WHAT IS HOLDING BACK BUSINESS INVESTMENT IN FLINT? Flint

4.HOW CAN WE INCREASE CONFIDENCE IN FLINT AND SPUR BUSINES INVESTMENT? Quality leadership

5,WHAT IS THE CITY OF FLINT DOING THAT INHIBITS RESIDENTS AND BUSINESS FROM INVESTING IN FLINT MI? Being run poorly like always.

6. CAN THE SCHOOL SYSTEM K- COLLEGE AND THE UNIONS DO TO BETTER SUPPORT AND PREPARE OUR WORKERS? Unions and colleges don't create jobs.
FROM

5,WHAT IS THE CITY OF FLINT DOING THAT INHIBITS RESIDENTS AND BUSINESS FROM INVESTING IN FLINT MI? Being run poorly like always. "Like always" being the fact that the last 40 years or so flint and genesee county have been under one party rule that being the liberal Demoncrats. Give credit where credit is due.

mlive jtmb
You want to know what's holding back business investment? For starters, the high state and federal corporate tax rates (2nd highest in the industrialized world) does NOTHING to bring business investments and jobs to Michigan.

Stimulus funds will not create job growth because they are not tax CUTS which would bring investment, but rather are tax CREDITS which will not solve anything.

If you really want business to hire, then do not support Democratic initiatives like raising the minimum wage. All that did was make it unprofitable for businesses to hire more workers.

Tell that the 30% of teens looking for a job at McDonald's, or the unemployed black male who has suffered the most from failed liberal policies that the Democrats in Flint and Genesee County have long sponsored. Seriously, you want the unions to do a better job preparing workers?

I'll take that last question as a joke because it is plain as day that the union could care less about the welfare of its workers. As long as they entrench their power

REGARDLESS OF THE DAMAGE DONE TO THE WORKERS THEY SUPPOSEDLY
REPRESENT, they will always be part of the problem and not the solution. Obviously the school you attended does not teach economic theory, logic or common sense.
　---

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Economic Development

GOOD MORNING FLINT!
12/09/09
BY Terry Bankert
A Flint Divorce Lawyer sharing his opinion on what may be important to you!

" If you want to be seen, show up! If you want to be heard, stand up and speak. Don't wait to follow, just lead."

fyi, from my email.....
*****************
Be part of the future of Genesee /Flint, get involved in your communities planning prpocess. We cannot do it without you.The time has come for greater involvement from the public, including the business community. Flint Talk post http://flinttalk.com/viewtopic.php?p=49950#49950 *****************
please attend the Broome Center meeting December 11.

You may or may not be aware that in the spring of 2009, Genesee County, organized by Staff from the Metropolitan Planning Commission, and City of Flint, but lead by a Steering Committee comprised primarily of representatives from private companies began an effort to create a document known as the Genesee County Comprehensive Economic Development Strategy (CEDS).

Staff from the Genesee County Metropolitan Planning Commission and the City of Flint applied for and received federal funding to complete this document. The CEDS document will provide a road map to direct economic development and improvement to the economy.

The CEDS document is intended to be a living, dynamic document, and to be revised every 5 –years. Completion of this document, will at the very least, open doors for Genesee County and its communities to access federal funds through the Economic Development Administration (EDA) of the U.S. Department of Commerce. In the summer of 2009, this project suffered a setback, where the lead consultant was dismissed.

The new consultant from Economic Resource Associates (ERA/AECOM) was awarded the contract and the chemistry has been great since their involvement began in October. The funding for the project must be utilized by the end of January, 2010.

Because of this short time schedule, a lot of work has been completed in a short period of time to collect the necessary data, analyze that data and develop a picture of the existing conditions in Genesee County.

Thus, the time has come for greater involvement from the public, including the business community.

Therefore, Genesee County, the City of Flint and the Genesee Regional Chamber of Commerce have come together to organize public meetings a focus groups to discuss the recommendations that will go into the CEDS document.

The following is a schedule of those meetings and locations:

December 10th – Grand Blanc Township Hall 5371 S. Saginaw Street, Flint MI 48507 from 8:30 a.m. until 10:30 a.m.

December 11th – Clio Senior Center 2136 W. Vienna Road, Clio, MI 48420 from 9:00 a.m. until 11:00 a.m.

December 11th – Broome Center 4119 North Saginaw Street, Flint, MI 48505 from 3:30 p.m. until 5:00 p.m.

Please encourage your colleagues, the public and especially business owners to participate in one or more of these meetings.

I know the schedule is tight and the notice quick, but the community must get this document right to chart the course for economic development in Genesee County.

Karena Hamlet Genesee Regional Chamber of Commerce 519 S. Saginaw, Suite 200 Flint, MI 48502 Phone: 810-600-1411 Fax: 810-600-1461 E-mail: khamlet@thegrcc.org

P Please consider the environment before printing this e-mail -- "There is no hierarchy of oppressions." - Audre Lorde Nayyirah Shariff (810) 610-3681 nayyirah.shariff@gmail.com

Posted here by Terry Bankert
http://www.flintfamilylaw.com/
Thank You Nayyirah

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15 years of turmoil, a receivership and now a stumbling best and the brightest, is there a problem with our Flint City Charter?

GOOD MORNING FLINT!
12/04/09
By Terry Bankert

A Flint Divorce Lawyer sharing his opinion.

THIS WAS EMAIL TO ME BY THE LEAGUE OF WOMEN VOTERS. My comments are cited [BANKERT:]

Review of the Flint City Charter

Several events within city government in 2008, led to a review of the City Charter by the League of Women Voters of the Flint Area (LWVFA).

There were no preconceived or predetermined results or course of action. The review was limited to the concerns which had been expressed. It was not to be a detailed examination of the Charter.

The LWV can take action when a study has taken place and a position developed. The position regarding the City Charter was developed in the early ‘70s, updated in 1995. The position is as follows:

FLINT CITY CHARTER: Support of Charter with the following standards:
A. Support a strong mayor elected on a non-partisan basis.
B. Support non-partisan election of council persons.
C. Support a direct line of responsibility and accountability to be clearly
established for all departments, agencies, boards, and commissions for the
function of city government.
D. Support a responsible and accountable financial structure under the juris-
diction of the executive.
E. Support City Council power to override a mayoral veto by 2/3 vote.
F. Support a personnel system under the jurisdiction and responsible to the
executive with policies consistent with sound personnel procedures, which
allows for a grievance commission responsible for employee appeals and
accountable to City Council.

The concerns included:
- adoption of the budget,
- Mayor’s intransigence,
- lack of civility and respect of Mayor and Council,
- litigation brought by vendors, employees, citizens,
- role of the City Attorney,
- legal representation for City Council and city employees,
- interim appointment of Police Chief,
- operation of Civil Service Commission,
- role of City Clerk.

The League decided to look to the Charter for answers.

The committee which was to review the Charter decided to meet with several persons involved in the drafting of the Charter as well as those charged with implementing the Charter. All respondents were asked two questions:

Has the revised Charter been effective?

Do you think there should be any changes in the Charter?

BANKERT: I think we have a great charter except council terms should be returned to 2 years. The people involved have screwed it up because we the people have not demanded excellence in who we elect. I do not know what the fix is, making changes to a piece of paper called a charter will mean nothing unless we have people willing to fight for whats right. So ...what are your thoughts, anyone?

From the Charter Revision Committee were Dr. Peter Gluck, researcher; Thomas Donnellan, attorney; Carl Bekofske, chairman; Joe Conroy and John West, Jr., members. Mr. Bekofske was on the first council following adoption of the revised Charter. He also served as City Attorney. Joe Conroy had perspective as a member of the Charter Revision Committee and member of a Mayor’s Administrative Team.

Other participants were City Attorneys William H. Crawford II, Michael Joliat and Olof Karlstrom; Rick Crannie and Doris Petross Buckner of the Civil Service Commission; James Ananich, president, Ehren Gonzales and Scott Kincaid, City Council; Josh Freeman, former City Council member; Tony Morolla, former Civil Service Commission Chair and the first Personnel Director; Inez Brown, City Clerk; and Angela Watkins, Acting City Attorney.

Unfortunately, the committee was unable to connect with Darryl Buchanan. He had been City Administrator, member and President of City Council and Ombudsman. Trechelle Young, City Attorney, was scheduled to meet with the committee. Unfortunately, that meeting did not take place.

The majority of the consultants believed the Charter needs only to be tweaked (amended). Some believed there should be total revision. Dr. Gluck believed the Charter should be overhauled . . . . . . . .
The current Charter could be rewritten, reduced to less than seventeen pages.
Function of the Charter is to be flexible and enabling.
Present Charter is overly restrictive and disabling.
A citizen should be able to pick up the Charter, read and understand it.

The prior city attorneys were in agreement that the Charter is clear that all legal personnel are to be retained by the City Attorney. They were emphatic that the City Attorney represents the City, not the Mayor not City Council. Departments and executives needing legal representation often chose an attorney with the required expertise from two or more suggested by the City Attorney.

The budget was usually adopted, sometimes with contentions resolved later.

Some issues not addressed in the current Charter are:
1) Guidelines for employment of an interim department head or official;
2) Remedy for failure to appoint members of a Board or Commission,
thereby rendering the body ineffective;
3) Procedure to resolve intransigence when alternative action is available.

The Charter is available through the American Legal Publishing Online Library, although the amendments may not be there. http://www.amlegal.com/

The committee undertook a limited review of the Charter based on questions about certain activities of the Mayor and City Council mentioned in news items. The conclusions cited below are summary statements based on statements from the consultants.

Conclusions
1. Reduce the number of mayoral appointees. There can be 21.
The Mayor is charged with appointing –
a) City Administrator
b) Executives responsible for budget, personnel, legal counsel and
administrative services – not to exceed 10
c) Executive Departments to administer responsibilities for Public Safety,
Public Works, Utilities, Parks and Recreation, Transportation, Finance,
Community Development, and Environmental Protection – not to exceed
10
d) Should Council approve appointments?
2. Reduce the number of wards
Loss of population, businesses and loss of tax base
3. Establish guidelines for interim appointments
90 day term advocated
4. Eliminate office of Ombudsman
a) The effectiveness of this office was severely compromised due to a 7-
year span of inactivity
b) Replace with Police Commission or Citizens Advisory Board
c) What about non-police complaints?
d) Combine with Standards of Conduct Board
5. Establish a process to assure fiduciary responsibility
6. Combine departments, e.g., Budget and Finance, Public Safety (police and
fire), etc.
7. Establish, maintain (update) Master Plan
8. Revisit strong mayor vs. city manager
Assure professional personnel
9. Revisit election (selection) of Council members and Mayor
Election cycle:
Mayor - presidential year;
Council - gubernatorial year; staggered terms
Wards: at large elections or combination
10. Revise section regarding City Clerk
Role and responsibilities
11. Revisit (clarify) responsibilities of City Attorney
Guidelines for representation
12. Retain Civil Service Commission
Appeal process for non-union employees
13. Review City Charter periodically
Ten year intervals
(Model review after legislative review of state Constitution)
14. Direct correlation between character and performance of officials
15. Implementation of Charter is responsibility of the citizenry

The citizens have the responsibility, ultimately, for city governance. The committee would recommend to them that –
City Council review, periodically, the Charter and make any changes which
seem advisable; and that
A Master Plan for the City be maintained.

Respectfully submitted,

Rhina Griffel Helen Hoyt Ann Kraft
Jack Minore Paul Rozycki Edith Prunty Spencer, Chair

November 2, 2009

posted here by
Terry Bankert
http://www.flintfamilylaw/

BLOG
http://goodmorningflint.blogspot.com/2009/12/15-years-of-turmoil-recievership-and.html

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