The Flint Journal and Jamie Curtis, two peas in a pod.
It is opportunistic and irresponsible for you two gadflys to interject yourselves into the middle of Flint Labor negotiations.
Newcommers to Flint, people considering a move of business or residence see what they think is a major newspaper and powerful county spokesperson advocating the City of Flint Declare Bankruptcy.
Thanks for the assist.
We want our Mayor to negotiate tough with two tough unions that are full capable of defending their contract and members.
As layoffs affect service deliver the council has a right to be advised and also to be given status privatley on labor negotiations, not you two.
We do not need the public emotionally ladden and analytically deficient cries for city bankruptcy from these two seekers and union busters.
One seeking to re establish relevance and market share and the other seeking political points and a fleeting sense of importance.
http://www.mlive.com/opinion/flint/index.ssf/2010/02/in_the_margins_bankruptcy_is_a.html
Saturday, February 27, 2010
Two Peas in a Pod
Peace of Mind!
Friday Night :I was at the Women to Woman " Cure Cabin Fever" retreat. Lynn has her Peace Booth and I am running child support and spousal suppot guidelines for peace of mind. As a vendor being around all of these ladies just having fun I am having a great time. Returning Sat 9:00 am.Holiday Inn Gateway Center tickets... $5.00.15 speaker topics, Funtastic Inflatables Mechanical Bull . . . grab all your girlfriends for a great time. Line dancing, zumba, limbo, karoake, shopping,... tarot card readers, Chico's fashion show. see:http://attorneybankert.com/
Sphere: Related ContentWednesday, February 24, 2010
HANG TOUGH MAYOR WALLING.
terry bankert a flint Divorce Lawyer Sharing his opinion. www.flintfamilylaw.com
HANG TOUGH MAYOR WALLING
We have an Honorable Mayor in tough times.
I want my Mayor to negotiate tough and keep his cards close to his chest.
Its the only way to negotiate.
When he does public things the council must be advised.
We should ignore the public relations manipulation until negotiations are completed.
Then we hold the Mayor accounable for the outcome.
Next will be the budget.
Give the mayor and Council space to negotiate and compromise.
If the Budget cannot be balanced then blame the council.
If the City goes bankrupt or into a recievership blame the Mayor and the Council. Other institutional interest should stay out of that discussion.
It is irresponsible to talk recall at this point.
What is quite obvious to me is that a coalition of people loyal to the last administration are lining up to cripple the city by another recall attempt and then run their own candidate. Its their right.
Its our right to call them out and take the fight to them.
We have City employees doing a great job for this City, they have strong unions to raise their voice.
We have a good Mayor and Council let them do their job.
Be suspicious of anyone talking recall , BANKRUPTCY, or opportunistic support for first responders. They are looking out for themselves not this community.
Flint Talk Post
http://flinttalk.com/viewtopic.php?p=53336#53336
Tuesday, February 23, 2010
FLINT IS BACK
FLINT DIVORCE ATTORNEY TERRY BANKERT SHARING HIS OPINION.
FLINT IS BACK:
I attended an hour and a half of the Monday night 02/22/2010, Flint City Council meeting. Thank You Mott Foundation for the 1.5 Million Dollar Foot Patrol and Mini Station from a grant written personally by Mayor Walling and City Administrator Greg Eason.
With over a hundred people in the room it appeared the Flint Board of Education was in the house. The Superintendent Linda Thompson received City of Flint recognition. Why was David Davenport sitting on the opposite side of the chamber?
There was a reason that I cannot recall .
Speaking of recall he is filing recall petitions against the school board and the Mayor of Flint. He has one aimed at him. He has 180 days to collect a significant number of signatures. This takes great organization.
There seems to be a cottage industry in Flint of producing recall petition signatures.
Just who has been paying for these efforts?
Just who are the circulators? Are they part of a crew that activates every spring for a little summer fun money?
I hear the distant drum beat of citizens wanting change in Flint. Hey buddy can you spare a dime and change the charter?
There was even positive talk of that discarded dinosaur of municipal organization the city manager system.
I wonder who is in league with these proponents.
Speaking of leagues the “League of Women Voters “presented their report on “ Review of the Flint City Charter”. Thank You.
We should have a community discussion about change.
I would like to be involved in this discussion. Just to lay it on the table, transparency and all, if there is a charter revision commission election I am running. There I said it. Critics can rest at ease I seem to not have the ability to get myself elected or appointed to anything new but I did have a good run for which I am thankful.
Speaking of appointments .
Appointments presented to Council, I left too early to know if they were approved; Stephen Arellano to the Flint Planning Commission, our master plan discussion will occur here he is a good addition, Heather V.Burnash Flint Historic District Commission, beauty to an aging group, John R. Gazall to the Downtown Development Authority told he is a standup guy, Joel Rash et al to the Downtown Development Authority good representative for Mott Foundation interests along with Thomas S. James.
I wondered if the appointments were decided on the pro or anti Larry Ford position? Just a thought Joel, just a thought!
I have watched Flint City Council strong Mayor interactions since the adoption of the 1974 then new charter of which as a community group leader, East Village Legislature, I spoke to community groups on behalf of its passage.
We have to -day the best combination of City Council leadership, the council itself, City Administrator and Mayor.
They do not have to agree all the times but it was a great pleasure to watch 11 public servants interact with quality dignity and respect for one another.
Our City currently is in good hands.
Speaking of good hands it seem to me that much of the League of Women Voters focus was reform formulated last years by people offended by the previous administration and its perceived cooptation of the Flint Ombudsman’s office.
But we are in Good Times now.
I am talking about the quality of our elected leadership not specific policy outcomes. The people have reformed the city, they have spoken.
We have the best City Charter in Michigan there is not need to change it.
What should be turned back is for City Council terms to be 2 years instead of the 4 years .
The 1974 charter had 2 year terms. Council if you put the Ombudsman’s office on the ballot again put 2 year council terms on the ballot also.
We as voters must hold our elected leaderships toes to the fire to be vigilant in the application and enforcement of our City charter.
Thank You Mayor Walling , City Administrator Eason , Council and its President Delrico Loyd and Vice-president Dale Weighill for your quality and honor you brought to Flint 02/22/10.
http://www.mlive.com/news/flint/index.ssf/2010/02/115m_grant_will_bring_foot_pat.html
Sunday, February 21, 2010
Commissioner Curtis stay out of Flint's Business
Mr. Curtis your intervention into the affairs of Flint are an over reach on your part.
Your role as Chairperson of the Genesee County Board of Commissioners did not require this intervention.
Possibly your past relations and current mentors from a previous administration have prompted this stupidity on your part.
Flint has normalized its government.
We have a good council and a good mayor whose roles as a check and balance on each other will require public disagreement from time to time. I fully expect each will do their job.
Those of us who live in Flint, I was born here, are still troubled by the previous financial receivership Flint found itself in.
Your cavalier pronouncement that we should seek chapter 9 bankruptcy to bust the union contracts is so non Flintoid, so anti democratic and anti union if is laughable.
Why is it laughable?
Because Flintoids will laugh as this intrusion of yours comes back to haunt you.
Your district needs to be redistricted out of Flint.
http://www.mlive.com/news/flint/index.ssf/2010/02/genesee_county_commission_chai.html
Link to this article
http://goodmorningflint.blogspot.com/2010/02/commissioner-curtis-stay-out-of-flint.html
Pam Faris-Cherry appointed to Mott College Trustee
WELCOME TO THE NEIGHBORHOOD MRS. CHERRY-MCC Trustees have appointed Pamela Faris to fill vacancy of Trustee James Bettendorf. Pam, wife of Lt. Gov. John Cherry, retired from Genesee County Circuit Court, where she was Jury Board Coordinator for 14 years. She currently serves on Michigan Women's Commission & the Early C...hildhood Investment Corp Corporate Board.... She also served as member of the Michigan Community Service Commission and is a graduate of MCC.http://www.michigan.gov/mdcr/0,1607,7-138-4957_5927_5931-176929--,00.html
Sphere: Related ContentSaturday, February 20, 2010
Divorce Lawyer Invited to "Saving Our City Conference" in Flint
MEN’S CONFERENCE,2010 ,
SAVING OUR CITY.
Feb. 20th 2010,
Flint Northern High School. Facilitator Douglas Taylor,
douglas.taylor223@yahoo.com
Appears to be some affiliation with “Overcomers Youth Center Inc.”
Posted here by Terry Bankert A Flint Divorce Alwyer sharing his opinion.
http://www.flintfamilylaw.com/
As A Flint Divorce Attorney I have been invited to be a speaker at this event at 11:00 am and to speak generally about topics I focused on my radio show. I went off the air about a year ago,WFLT every Saturday Morning “Know the Law” where I focused on Flint Divorce and Family Law.
My plan is to talk about Young Men Getting parenting time when they go to court for child support. This first court hearing could be from a divorce, paternity or Prosecutors action.
Presentation can be found at;
http://flintdivorcelawyer.blogspot.com/
The circulated agenda to this public meeting follows.
Purpose: We believe one of the ways to save Flint is by coming together to address the issues that are holding Flint down. When building a house it must be built on a solid foundation to stand the test of any kind of weather; tornadoes, thunderstorms, floods, even earthquakes. When a house is built on sand or a weak foundation it will not stand the test. The reason for having this men conference is to build a foundation for Flint by helping men to create the correct mind-set to re-build our city we call home. We believe once we as strong men start building our families, homes, neighborhood, community Flint will have the foundation to stand against any storm.
Agenda
The agenda is posted in the information package everyone received upon entering the conference.
9:00 AM REBULIDING THE CITY: Speak on ways to help re-build the city by re-building the family structure. By doing this should help re-build the neighborhoods and communities.
9:30 AM STARTING YOUR OWN BUSINESS: Hire family members or youth from neighborhoods, after opening a business in the community. (Make city contracts)
10:00AM STOP YOUTH KIILS/CRIME: Showing the youth how to respect themselves and others. Encourage them to do good deeds in the communities. Encourage them to stay in school and show them by dropping out will make it harder for the next kid. (School closing makes it hard to learn)
10:30 AM BREAK (for 15 minutes)
10:45 AM RAISING THE HOME VALUE: Keep the neighborhoods clean, by taking charge of your home and your blocks. When every block stays clean then the community stays clean in return the value of the homes will raise.
11:15 AM HOW TO CREAT A BETTER SCHOOL SYSTEM: When the school enrollment is up; money from the state will increase. In some cases there will be enough money to hire teachers and reopen some of the city schools.
11:45 AM MAKING A COMMITMENT TO YOURSELF: In order t help the community and the city, we as strong men must make a comment to change our way of thinking about this city. Make a commitment to help ten young people every week for a year. (Have the names and the progress of each one for the next conference)
12:15 PM to 1:15 PM LUNCH BREAK Lunch will be set-up and prepared by women volunteers. (Mothers, wives, daughter, girl friends and sisters) Welcome back recap on what we discussed in the first half / portion /morning.
1:15 PM RESPECT WOMEN AT ALL TIMES: Treat all women like queens. How would you like someone to treat your mother, sister, wife or daughter?
1:45 PM FAMILY MATTERS: The role of a man in the family, support your wife and teach the kids respect.
2:15 PM WHAT CAN YOU DO? Think about what you as a man can do for your family, community and city to make it a better place to live.
2:45 PM 15 MINUTE BREAK 3:00 PM YOU’RE NOT ALONE: There are many of us in the same boat. In order to fight the storms we must support one another to keep the foundation strong. (Start support groups will meet once a month to discuss the issues and concerns.)
3:30 PM MAKE A DIFFERENCE IN SOMEONE’S LIFE: Spend one hour a week helping a young man stay on the right track by becoming a MENTOR. There are many organizations in the city looking for mentors, The Flint Schools, Big Bothers Programs etc.…
4:00 PM Q&A: Answer question end of the conference. Meet with the speakers until
5:00 PM
http://flinttalk.com/viewtopic.php?p=53066#53066
Flint Talk post
Thursday, February 18, 2010
Communication is Basic.
Flint Divorce Attorney Terry Bankert sharing his opinion.
It appears that between the Mayor and the City Council there's much to be done in terms of relationship building.
Basic to trust is communication. It appears there is poor communication between the Mayors office and the Flint City Council. Mr. Mayor you have a City Administrator, a government relations executive and a communications director.
There is no excuse for the council to not be fully advised of something as critical as layoff notices before the public release.
The Flint City Council is not just 9 people who get in your way.
They each represent 10,000 of us. They are our first line of defense. When you speak to them you speak to all of us. When we are critical of City actions, your actions, we call them first. Keep them informed.
If you thought you were communicating to the Flint City Council when you communicated to Delrico Loyd the Council President evidently that is a poor choice, noting the reaction of Kincaid and Weighill.
I don't agree with these layoffs," council President Delrico Loyd said. Mr. Council President what layoffs do your propose.
"For me to get texted by the council president is really appalling," Councilman Scott Kincaid said .Mr. Kincaid is it appalling that the Mayor may have communicated to the council through the council leadership, the Flint City Council President Delrico Loyd? Many of us would like to know what the administrations intent was.
Is the Mayor ineffective at communication or is the council President and Kincaid blowing smoke?
Mr. Mayor you staff the services that the council funds. Layoffs are your decision. The council will distance themselves from this hard decision. You still owe them advance communication.
If you relied on Delrico Loyd to be that conduit he has failed that objective. I am eager to hear how the council was communicated with.
The issues are too important for stupid little cat fights to politicize and distract our attention. This knowledge will speak volumes about the leadership abilities of Dayne Walling Mayor of Flint and the Flint City President Delrico Loyd.
I think my council person is emerging as the voice of Flint. "We should leave no stone unturned before we lay off police and fire," council Vice President Dale Weighill said. "I don't think the mayor has turned over every stone."
My opinion as to the issue of the day? Mr. Mayor your administration and its longevity will be judged by your commitment to public safety in Flint MI.
http://www.mlive.com/news/flint/index.ssf/2010/02/flint_city_council_members_spe.html
Wednesday, February 17, 2010
Flint Divorce Lawyer says Tiger Woods is headed for a mauling.
Flint Divorce lawyer Terry Bankert looks at a development suited to the bizarre nature of Tiger Woods.
His handlers on Wednesday released a statement to selected media outlets announcing plans for Woods to “discuss his past and his future” at a meeting on Friday at the PGA Tour headquarters in Ponte Vedra Beach, Fla.
It also said Woods “intends to apologize for his behavior.” What could he lose in a future divorce if it were held in Flint Michigan.
http://www.nytimes.com/2010/02/18/sports/golf/18tiger.html
Tiger has a pre nuptial agreement.
If this is broken or there are assets out side the agreement a snap shot of the elements of Flint Michigan Divorce Division of property follows.
This snap shot includesthe duration of the marriage,contributions of the parties to the marital estate,the age of the parties,the health of the parties,life status of the parties,necessities and circumstances of the parties,earning abilities of the parties,past relations and conduct of the parties, andgeneral principles of equity.
Not all of the factors will apply to any given case, nor does the court have to give equal weight to each factor.
Good Luck Tiger, you will need it.
Flint Divorce Lawyer
Terry Bankert
810-235-1970
Marry Two keep One Wife told.
Did You Know!
By Terry Bankert a Flint Divorce Lawyer.
A Bay City Judge recently put a woman in jail for bigamy. She was also given a deadline to get her affairs in order.
See:
http://www.mlive.com/news/bay-city/index.ssf/2010/02/divorce_one_or_the_other_judge.html
So what is the Law?
In Michigan ,Flint Divorce Lawyer Bankert said,a strong presumption exists favoring a marriage’s validity.
Once the celebration of a marriage is shown, the contract of marriage, the capacity of the parties, and everything necessary to the validity of the marriage are presumed.
The court will recognized validity of second marriage.
No fault will be found with the person conducting the ceremony. Our Courts presumption of validity of the second marriage is strong and its strength increases with the lapse of time, the birth of children, and the parties’ acknowledgment of their marriage.
We want continuity so once a marriage has been shown, the presumption is that the marriage continues.
Did you know a seven-year absence of one of the parties, however, gives rise to a presumption of death.
In the Bay City case where the wife has been married to two different people, the presumption favors the validity of the second marriage.
This presumption favoring the validity of a second marriage prevails over the presumption of a prior marriage’s continuity.
The husband in the first marriage may challenge the presumption favoring the validity of a second ceremonial marriage. He may may be rebut the presumption by a showing of facts conclusively establishing the invalidity of the second marriage.
Posted here by
Terry Bankert
www.flintfamilylaw.com
Tuesday, February 16, 2010
SAVING MARRAIGES!
HOW CAN WE SAVE MARRAIGE?
Posted here by Terry Bankert a Flint Divorce Attorney / Lawyer sharing his opinion.
What begins as joy, promise and comfort often ends in emotional torment and isolation.
“Regrettably, divorce has assumed a global dimension of great worry. In some lands, divorce rates is said to have skyrocketed and have even become an acceptable way of life to ease matrimonial troubles.”[3]
Our nation as the with the world is changing. Our basic values shift under exploding populations, economic disasters and the barrage is information from a plugged in world
One group holds out promise to strengthen marriage. “ National Marriage Week USA--February 7 to 14--is a new campaign to raise the nation's alarm about the huge drop in marriage rates and [1]
What impact does this have on children being raised in single family households? How does the breakdown of marriage affect our economy?
“…vast numbers of children being raised without both of their parents, …(we need to )… alert the nation about the looming relevance of marriage breakdown to our economic well being.[1]
Can we save marriage by celebrating it? Or should swe justr set an example fior our children and spouse by openly showing love to family members?
One group has attempted to capture information on one aspect of our changing world, the decline of marriage by celebrating marraige. National Marriage week was Feb 7-14. Did you kiss your spouse last week? see [2]
‘The first-ever Marriage Index, recently released jointly by the National Center on African American Marriages and Parenting (NCAAMP) and the Institute for American Values in October 2009, reveals a huge decline in national marriage indicators. One indicator shows 79 percent of adults were married in 1970, while only 57 percent of adults were married in 2008. Another indicator shows 40 percent of all children in America are now born out of wedlock; and 72 percent of African American children are now born without married parents.” [1] I do not know if this is true.
Since the era of “love”, the 60’s divorce has skyrocketed.
“According to Barbara Dafoe Whitehead in her book The Divorce Culture, she canvassed that divorce rate have accelerated at a dazzling pace since after 1960. And has doubled in roughly a decade and continued its upward climb until the early 1980s, when it stabilized at the highest level among advanced Western societies. “[3]
The sky is falling, the sky is falling, marriages are failing.
Why should we pay attention to a presumed drop in marriage valuation?
"The alarming drop in marriage rates in America combined with high divorce rates are financially costly to taxpayers and individuals, and emotionally costly to children. Marriage breakdown costs taxpayers at minimum $112 billion a year. The nation needs to pay attention."[1]
What are thje root causes of divorce? One source created the following list.
SEXUAL INCOMPATIBILITY;
LUST AND UNFAITHFULNESS;
FREQUENT COMMUNICATION BREAKDOWN,
CONSTANT ARGUMENT AND BITTER REMARKS,
REBELLIOUSNESS;
FINANCIAL CRISIS;
EFFECTS OF PEER GROUPS AND OTHER EXTERNAL FACTORS;
DIFFERENCE IN PRINCIPLES AND CULTURE,
PHYSICAL ASSAULT,
DRUGS AND
ALCOHOL; …[3]
Changing life partners does not solve most of our problems.
“Investigative research has shown that divorce does not always put a permanent cure to matrimonial intolerance. It often merely exchange one set of life's anxieties for another. In the true sense of the word, no marriage is perfect. It could suddenly turn fragile and its collapse seems imminent. Hence, in James 1:19-20, the Holy Bible teaches that "...let every man be quick to hear, slow to speak, and slow to anger; for the anger of man does not achieve the righteousness of God."[3]
Some think that marriage is better for our children?
Children who live with their married parents do vastly better by almost every measurement,"… [1]
If we presume marriage to be important to society and individual happiness what can we do to promote it?
Now this man sound odd from a Flint Michigan Divorce Attorney who markets with a billboard that sate Dumpmyspouse.com. Bar owners can decry alcoholism, heart doctors decry obesity, see my point?
As we change as a society what can we do to strengthen marriage?
“This goal of this new U.S. initiative, Let's Strengthen Marriage, is to elevate national attention on a year-round basis about the need to strengthen marriage and ways to do it, and initiate new efforts to reduce the divorce rate and build a stronger marriage culture which in turn helps curtail poverty and benefits children.[1]
Posted here
By Terry Bankert
http://www.flintfamilylaw.com/
[1]
http://www.standardnewswire.com/news/154644947.html
[2]
http://www.nationalmarriageweekusa.org/
[3]
http://www.modernghana.com/lifestyle/1309/16/seeking-divorceas-a-last-option.html
[4]
http://www.christianpost.com/article/20100214/churches-stress-commitment-over-consumerism-on-valentine-s-day/
Monday, February 15, 2010
Post Judgement can a Judge make a lump sum payment a periodic one ?
Terry R. Bankert a Flint Divorce Lawyer discusses several issues surrounding a Divorce appeal recently decided by the Michigan Court of Appeals.
The case we will look at is not a Geneses County, Flint Michigan, divorce case. It is from St. Clair County.
In this case the trial court erred in ordering the $310,000 lump sum payment provided for in the parties' settlement agreement incorporated into the consent divorce judgment could be paid in installments, contrary to the terms of the consent judgment.
One Divorce or Family Law issue discussed is whether the trial court properly,, ordered the lump sum payment provided for in the parties' settlement agreement could be paid in installments (contrary to the terms of the consent judgment); The trial court is the local family law court where the divorce attorneys or lawyers argued the case then one or both appealed. See In re Lobaina Estate; Construing unambiguous contract provisions; Rory v. Continental Ins. Co.;
In this case the Court of Appeals found the lower court was in error. They said "We do not believe that any of these provisions authorized the court to convert the lump sum payment negotiated between the parties, and memorialized in this consent judgment of divorce, to installment payments. MCL 600.6107 refers to judgment creditors and debtors. The marital relationship is not that of a debtor and creditor. Lindner v Lindner, 137 Mich App 569,572; 358 NW2d 376 (1984).
The second divorce issues discussed is whether MCL 600.6107 and MCL 600.6201 gave the trial court authority to allow the defendant-husband to pay the judgment in installments; The Court of Appeals found that it did not.
The Court of Appeals pointed out "We first note that while the trial court referred to its powers to enforce an agreement, the agreement was for a lump sum payment, and the trial court did not enforce this provision.
Instead, the trial court altered it. Modifications of property settlements in divorce judgments are strongly disfavored. Baker v Baker, 268 Mich App 578, 586; 710 NW2d 555 (2005)"
The third issues discussed is the applicability of MCL 600.6107 (referring to judgment creditors and debtors); Lindner v. Lindner; Modifications of property settlements in divorce judgments; Baker v. Baker; Lentz v. Lentz; Bers v. Bers; Alexander v. Alexander; Molnar v. Molnar;
To clarify this State Statute MCL 600.6107 refers to judgment creditors and debtors. The Michigan Court of Appeals found that marital relationship is not that of a debtor and creditor. Lindner v Lindner, 137 Mich App 569, 572; 358 NW2d 376 (1984).
Here we will discuss Whether the trial court denied the plaintiff-wife her right to foreclose on her liens against defendant's properties and to obtain a judicial sale in order to enforce the lump sum payment; Draggoo v. Draggoo; Wiand v. Wiand;
Divorce proceedings are conducted in the same manner as other suits in courts of equity;and these courts have the power to award issues, to decree costs, and to enforce its decrees.Draggoo v Draggoo, 223 Mich App 415, 428; 566 NW2d 642 (1997). A court possesses inherent authority to enforce its own directives. Wiand v Wiand, 178 Mich App 137, 144; 443 NW2d 464 (1989).
Our fourth issues is whether the trial court properly limited plaintiff's recovery of attorney fees and costs; In re Temple Marital Trust;
Once again, the parties negotiated an agreement to enforce the provisions of the judgment by requiring the other party to pay the costs and fees of enforcing its provisions.
While the record demonstrates that plaintiff had been attempting to collect the lump sum owed to her prior to the case’s reassignment, the trial court nevertheless limited the award of costs and fees.
Because the specific language in the judgment leaves no room for interpretation, the trial court’s limitation constituted an abuse of discretion. See In re Temple Marital Trust, 278 Mich App 122, 128; 748 NW2d 265 (2008).
Our fifth issue is whether there should be Interest awarded on the defaulted amount; Olson v. Olson;
The statutory interest on money judgments, MCL 600.6013, does not apply to divorce judgments, but in appropriate circumstances a court may award interest in its exercise of equitable powers. Olson, supra at 351. In its discretion, a trial court may award a party interest where the payments due on a property settlement are overdue. Reigle v Reigle, 189 Mich App 386, 394; 474 NW2d 297 (1991).
Our final issue is whether the following state statute is applicability . It is MCL 600.6013; Reigle v. Reigle; Request for assignment of the case to another judge on remand; Bayati v. Bayati; People v. Pillar
A case should be assigned to a different judge on remand if it would be unreasonable to expect the trial judge to be able to put previously expressed findings out of mind without substantial difficulty. People v Pillar, 233 Mich App 267, 270-271; 590 NW2d 622 (1998).
The Michigan Court of Appeals found However, our review of the entire record does not demonstrate that the trial judge will be unable to put his previous rulings out of his mind, and justly resolve the issues at a subsequent hearing. Pillar, supra at 271; Bayati, supra at 603.
See:Court: Michigan Court of Appeals (Unpublished),Case Name: Slota v. Slotae-Journal Number: 45029,Judge(s): Per Curiam - Servitto, Fort Hood, and Stephens ,UNPUBLISHED,February 9, 2010 ,No. 285676,St. Clair Circuit Court,LC No. 02-002811
Sunday, February 14, 2010
Workshop on hold and business expansion.
My wife Lynn and I are expanding our law practice to State Wide Family Law and Eastern Michigan Bankruptcy.
http://dumpmycreditors.wordpress.com/
My intent is to use all the tools of social media to assist in this project. Recently we formed a social media advocacy group and several of us met to plan a work shop.
My conclusion is that I am not ready to lead a workshop my learning curve is too steep, maybe next year.
What would make sense is creation of a user group possibly a facebook group .
I plan to self educate on a high use of Social Media appling it immediately to my business the practice of Family and Bankruptcy Law and my hobby of local public policy advocacy.
We are still committed to Flint with a significant reinvestment in our near downtown home, and keeping our office in downtown Flint.
I am intent on increasing the level of civility and knowledge I bring to public policy discussions. Thank you to all who have followed my internet musings, most I am proud of some I am not.
I am not going away just a slight mission adjustment. For those of you who do not post your thoughts, come on in the waters fine!
Saturday, February 13, 2010
Whats the BUZZ with GOOGLE!
GOOD MORNING FLINT!
2/12/10
BY Terry Bankert
BANKERT ON SOCIAL MEDIA.
WHATS THE BUZZ WITH GOOGLE http://www.nytimes.com/2010/02/13/technology/internet/13google.html
COME ON IN THE WATERS FINE!
4:26 am 02/13/2010 I joined the BUZZ
4:33 I figured how to get to it Google the word BUZZ The Page says
-No setup needed Automatically follow the people you email and chat with the most in Gmail.
-Share publicly or privately Publish your ideas to the world or just to your closest friends
-Inbox integration Comments get sent right to your inbox so it's easy to keep the conversation going.
-Photo friendly See thumbnails with each post, and browse full-screen photos from popular sites. -Connect sites you already use Import your stuff from Twitter, Picasa, Flickr, and Google Reader
-See updates in real time New posts and comments pop in as they happen. No refresh required. -Just the good stuff Buzz recommends interesting posts and weeds out ones you're likely to skip. 4:38 I am in my email account , which I seldom check, and find one person is following me!
4:39 It tells me I have to set up a profile before I can continue.Your profile includes your name, photo, people you follow, and people who follow you.
4:43 I go to “Find People to Follow”
4:44 I go to see connected sites
4:54 I am in now its like watching water boil.
5:06 I am in and it looks cool. Like twitter on your email page.
So whats the big deal?
THE BIG DEAL!!!!!!
Note format the headlines are mine and some comment. Read the links and draw your own conclusion.
IS THERE PRIVACY ON THE INTERNET? GOOGLE "BUZZ GATE" SHOWS THERE IS NOT. When Google introduced BUZZ -its answer to Facebook and twitter-it hoped to get the service off to a fast start. New users of Buzz, which was added to Gmail on Tuesday, found themselves with a ready-made network of friends automatically selected by the company based on the people that each user communicated with most frequently through Google’s e-mail and chat services.[1] The Internet giant has tweaked the sign-up process to make the opt-out option clearer and made it easier to block people from following users.[5]
UGLY COMMERCIAL GREED RAISES ITS UGLY HEAD Google took the information from your email cache and appied it to its commercial objective of launching BUZZ.[trb] The Internet giant this week added a service to Gmail that allows millions of its users to share updates, photos, videos and more with people they e-mail and chat with the most. But users soon discovered that unless they changed their privacy settings, Buzz publicly shares their contacts.[5]
GOOGLE SAYS, WE DO NOT CARE! Google on Friday denied that it planned to remove its Buzz social networking program from Gmail, but said it is considering a standalone version. "No, we're not planning to remove Buzz from Gmail," a Google spokeswoman said via email.[4]
WHAT IS THE BUZZ Buzz works as a generic "here's what I'm doing" feed, where you can post text, links or multimedia. Posting a photo can be done by either uploading the image directly from the browser or pointing at a file in your Picasa account. If you post a link with a URL in it into your feed -- either by pasting the URL right in the text box or by clicking "Insert Link" to add it -- Buzz automatically detects it and attempts to pull pictures from the linked page, which you can then include for context. (It's similar to Facebook in that respect, but works a bit better.)[3] People can choose to follow you, or you can choose to follow them, by adding names from their/your Google contact list or from a public Google profile. Unlike Facebook, where people who want to "friend" you can't follow your feeds unless you "friend" them back first, people can follow your Buzz feeds immediately, although you are notified when that happens and can then choose to "unfollow" them at any time.[3] You can also post to the general public -- making Buzz a bit like Twitter, insofar as anybody with an account can see your post. (This ties into the mobile version, which interacts with Google Maps so that Buzz users can view public messages depending on their location and the location of the person who sent the post.)[3]
THE GOOD The most genuinely useful part about Buzz is how it works as an activity aggregator. Anything you post on YouTube, Google Chat, Flickr, Twitter or Picasa can be automatically funneled into Buzz. If you manage sites through your Google account's [3]
GOOGLE CRUMBLING UNDER THE INTERNET FIRESTORM For the last three days, Google has faced a firestorm of criticism on blogs and Web sites, and it has already been forced to alter some features of the service.[1]
THE BAD....... I KNOW YOUR DARK LITTLE INTERNET SECRETS Did you know that in E-mail, it turns out, ther is a treasure trove of your many secrets, from the names of personal physicians and illicit lovers to the identities of whistle-blowers and antigovernment activists. [1]
SOME IMPLY ITS NO BIG DEAL At the moment, only the e-mail's image and subject heading will show up in the buzz. Anything you put in the main e-mail field will not.[2] Buzz is a mixed bag -- a combination of good ideas and bad implementation -- and it needs more refinement before it can be a serious contender in the world of Twitter and Facebook.[3]
THE UGLY...... TWEETS HAVE LITTLE TO SHOW WHEN THEY FLASH, GOOGLE WILL EXPOSE YOUR FAMILY JEWELS While Twitter users adore broadcasting their follower counts to the world, Buzz users have plenty of good reasons to keep such information private--particularly since in Buzz, the following/follower lists are not attached just to a cryptic pseudonym but to publicly viewable account names complete with a first name, a last name, and in many cases an e-mail address and links to Picasa and Blogger accounts[2] (The self serving great minds at ) Google, so recently a hero to many people for threatening to leave China after hacking attempts against the Gmail accounts of human rights activists, now finds itself being pilloried as a clumsy violator of privacy.”[1]
FREEDOM FIGHTERS WILL DIE IN CHINA AND IRAN BECAUSE OF GOOGLE "BUZZ GATE". As Evgeny Morozov wrote in a blog post for Foreign Policy, “If I were working for the Iranian or the Chinese government, I would immediately dispatch my Internet geek squads to check on Google Buzz accounts for political activists and see if they have any connections that were previously unknown to the government."[1]
GOOGLE , JUST ANOTHER CORPORATION THAT WILL STOMP ON YOUR PRIVACY! Mr. Morozov is a researcher on the impact of the Internet on totalitarian regimes at the Institute for the Study of Diplomacy at Georgetown University under a fellowship financed by Yahoo. In an interview, he said the flap over Buzz “definitely undermines Google’s credibility when it talks about freedom of expression.” [1]
GOOGLE RESPONDS BY SAYING THEY ARE REALLY GOOD PEOPLE In an e-mail message, Todd Jackson, product manager for Gmail and Google Buzz, said, “Google remains completely committed to freedom of expression and to privacy, and we have a strong track record of protecting both.”[1]
GOOGLE BLOWS IT Mr. Jackson defended the setup of the Buzz service. He said that Buzz came with a built-in circle of contacts to provide a better experience to users and that many liked that feature. He said that it was very easy for users to edit who they were following on the service and who could follow them.[1]
WITH GOOGLE YOU CANNOT ASSUME PRIVACY. He also said that anyone could hide their list of Buzz contacts with a single click.[1]
RESOLUTION, JUST DO NOT PUT ANYTHING ON THE INTERNET THAT WOULD EMBARRASS YOU IF YOU PUT IT ON A HIGHWAY BILL BOARD IN YOUR HOME TOWN,OVER YOUR HOME , FOREVER. After numerous bloggers complained that the privacy controls were difficult to find and adjust, Google agreed to make changes. In a blog post Thursday night Mr. Jackson wrote that the company had made it easier for people to hide their Buzz contacts and block followers whose identity was unknown.[1]
NOW THAT WE HAVE BEEN VIOLATED GOOGLE PROMISES TRANSPARENCY? SO ....THE SOLUTION IS A REAPPLICATION OF THE PROBLEM. “It is still early, and we have a long list of improvements on the way,” Mr. Jackson wrote. “We look forward to hearing more suggestions and will continue to improve the Buzz experience with user transparency and control top of mind.”[1]
GOOGLE DECREES THAT MOST LIKE IT ...SO WHATS THE PROBLEM? Mr. Jackson said Buzz had proved popular, with tens of millions of people trying it in the last two days.[1] MIS GUIDED GOOGLE But some critics said that Google’s decision to use e-mail and chat correspondence as the basis of a social network was fundamentally misguided. While it is common for social networks to make public a person’s list of friends and followers, those lists are not typically created from e-mail conversations.[1]
GOOGLE DECIDES TO TAKE YOUR GMAIL ADDRESS BOOK AND SHOW IT TO THE WORLD. HAVE YOU EVER TALK TO A PORN QUEEN ? NOW YOUR GANDMOTHER KNOWS. “People thought what they had was an address book for an e-mail program, and Google decided to turn that into a friends list for a new social network,” said Marc Rotenberg, executive director of the Electronic Privacy Information Center, an advocacy group in Washington. “E-mail is one of the few things that people understand to be private.”[1]
EMAIL IS NO LONGER PRIVATE WITH GOOGLE FEDERAL TRADE COMMISSION COMPLAINT COMING “UNFAIR AND DECEPTIVE PRACTICES". WORK FOR THE BROTHERHOOD! Mr. Rotenberg said that his organization planned to file a complaint with the Federal Trade Commission claiming that the Google’s use of e-mail conversations to build a social network was unfair and deceptive.[1]
DOMESTIC VIOLENCE VICTEM TRAMPLED AGAIN IN GOOGLE "BUZZ GATE". In an expletive-laden article that was widely cited on the Web, a blogger who writes about issues related to violence against women complained that Google had made her fearful. She said that she had unexpectedly discovered a list of people, which may have included her abusive ex-husband or people who sent hostile comments to her blog, following her and her comments on Google Reader, a service for reading blogs and automated news feeds. [1]
PRIVACY VIOLATED CAUSING FEAR OF PHYSICAL HARM “My privacy concerns are not trite,” wrote the blogger, who uses the pseudonym Harriet Jacobs. “They are linked to my actual physical safety, and I will now have to spend the next few days maintaining that safety by continually knocking down followers as they pop up.”[1] In a further effort to contain the fallout, Google reached out to her and made changes to enhance the privacy of shared comments on Google Reader. [1]
GOOGLES "TURN ON "CANNOT BE THWARTED Some privacy experts said that Google had made matters worse by making it difficult for people to hide their lists of Buzz contacts after they realized that those lists had been made public. Some users assumed that they could simply turn off the Buzz service, but that proved inadequate. [1]
LETS PLAY WHACK A GOOGLE “You want to have a simple rollback mechanism, so once things are not what you expected them to be, you can get out quickly and not have to play a game of Whack-a-Mole,” said Deirdre Mulligan, a privacy expert and assistant professor at the School of Information at the University of California, Berkeley. [1] Google said it was planning to address that issue soon. [1]
GOOGLE MANAGEMENTTHEORY " READY SHOOT AIM". YOUR LOSS OF PRIVACY IS JUST COLLATERAL DAMAGE! Google is known for releasing new products before they are fully ready and then improving them over time. But its decision to do so with Buzz, coupled with its introduction to all 176 million Gmail users by default, appears to have backfired. [1]
GOOGLE ON TOP TEN TERRIBLE CORPORATE ACTS LIST. “It was a terrible mistake,” said Danny Sullivan, a specialist on Google and editor of SearchEngineLand, an industry blog. “I don’t think people expected that Google would show the world who you are connected with. And if there was a way to opt out, it was really easy to miss.”[1]
Posted here by Terry Bankert http://www.flintfamilylaw.com/
[1] http://www.nytimes.com/2010/02/13/technology/internet/13google.html
[2] http://www.pcworld.com/article/189249/how_to_use_google_buzz.html
[3] http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2010/02/12/urnidgns852573C400693880002576C8006AF22C.DTL
[4] http://www.pcmag.com/article2/0,2817,2359148,00.asp
[5] http://www.latimes.com/business/la-fi-google-privacy13-2010feb13,0,4641653.story
[6] http://www.google.com/buzz/help/privacy.html
Flint Talk http://flinttalk.com/viewtopic.php?p=52869#52869
Thursday, February 11, 2010
Police morale critical.
GOOD MORNING FLINT!
2/11/10
After balancing the budget Public safety (police and fire, city issue), Education (Flt Bd issue), and land use (Land Bank & City issue) are Flint s (3) most important issues in that order. High morale is critical to an effective police Dept, reasonable pay is critical to that morale. The Mayor must balance the budget and keep morale high in the police dept. We will be watching the Mayor and the Flint City Council.
http://abclocal.go.com/wjrt/story?section=news/local&id=7269776&status=ok
Posted by
Terry Bankert
Tuesday, February 9, 2010
15th Toyota Management Principal, Beg for forgivness...now!
I was minding my own business at Barnes and Noble Book Store last Saturday (2/06/10).
Given my cities need for great public administration I asked if they had any such books.
They said no…..They said no.
After some inquiry I was told the closest I would come to my request was in the business section.
Urban Legend states that government ment should be run like a business.
I guess they stopped writing books on how too run government.
Dutifully I went to the business sections I could not restrain my laughter at the irony of the title eye level in the middle of the stack.
Remember there is a foreign automaker recalling most of the cars its has made because their faulty vehicles are killing the buyers.
The book was “ The Toyota Way” 14 Management Principals from the Worlds Greatest Manufacturer, by Jeffrey K. Liken, McGraw-Hill, 2004. From pages V - VI. Given all that is happening to the victim buyers of Toyota please do not try of the following Toyota principals,.
Here they are.
Principal 1 Base Your management decisions on a long-term philosophy, even at the expenses of short term financial goals.
Principal 2 Create continuous process flow to bring problems to the surface.
Principal 3 Use “pull” system to avoid over production.
Principal 4 Level out the work load. (Heijunka)
Principal 5 Build a culture of stopping to fix problems to get quality right the first time.
Principal 6 Standardized tasks are the foundation for continuous improvement and employee empowerment.
Principal 7 Use visual control so no problems are hidden.
Principal 8 Use only reliable, thoroughly tested technology that serves your people and process.
Principal 9 Grow leaders who thoroughly understand the work, live the philosophy and teach it to others.
Principal 10 Develop exceptional people and teams who follow your company philosophy.
Principal 11 Respect your extended network of partners and suppliers by challenging them and helping them improve.
Principal 12 Go and see for yourself to thoroughly understand the situation.(Genchi Genbulsu)
Principal 13 Make decisions slowly by consensus, thoroughly considering all options, implement decisions quickly.
Principal 14 Become a learning organization through relentless reflection (Hansei) and continuous improvement. (Kaizen)
I will add this.
Principal 15 Apologize like heck and beg forgiveness when your products kill too many of your buyers to keep it quiet.
Why are there no more new books on how to run government like a government not Toyota?
http://www.csmonitor.com/Money/2010/0208/Toyota-recall-As-firms-go-global-so-do-their-glitches
Friday, February 5, 2010
Who is UpTown Reinvestment?
I ASKED
What is Uptown Reinvestment Corp?
A FRIEND GAVE ME THIS ANSWER.
See comment here for who.
http://goodmorningflint.blogspot.com/2010/02/give-ramp-to-uptown-reinvestment.html
MY FRIEND SAID
A Non profit development organization created by the DDA and the Focus Council during the Stanley Administration to address redevelopment of the downtown district.
It was to be co chaired by the Director of Uptown and by the Focus Council. Inez Brown is the current chair.
Tim Herman is the President. This is not a board run organization.Don't confuse them with the Uptown Investors, private developers that have put some private dollars into the developments.
The Investors, not the nonprofit own other vacant buildings in downtown- the former Metropolis building, Genesee Bank Building, Gauranty title building. Uptown nonprofit owns the former RDA building, Woolworth Building, and Walgreen Drug Store Buildings, some purchased by the Mott Foundation.
It seems to me they have a lot on their plate before they try taking over the parking downtown.
It was the Uptown Investors that badmouthed the DDA and City for not moving ahead on the parking lot.
It was them that had a gentelmens agreement that Rowe and Wade Trim would use the new parking ramp.
Rowe instead took parking in the County ramp at an undercut rate.
It was the Uptown Investors that went to City Council and got a 15 year extension to the Ren Zone.
This reduced the money that the DDA has available to pay its bills.The Uptown Reinvestment Corp does not have the staff to operate the parking downtown. Parking should remain in public hands to control the costs.
Uptown should be working with the DDA to obtain Mott Foundation Funding to pay the parking lot debt until the project and taxes will cover the cost which is projected in a couple of years.
FLINT DDA VECHILE RISK TO DRIVER, DDA AND THE CITY, FIX IT PLEASE.
GOOD MORNING FLINT!
2/4/2010
BY Terry Bankert.
A Flint Divorce Lawyer sharing his opinion.
Flint has ample downtown parking. Don’t you just get tired of internet entities bashing Flint. (smg) ALERT!!!
http://www.mlive.com/news/flint/index.ssf/2010/02/city_of_flint_targeting_loopho.html
I responded to some of them with the following.
Our only problem is downtown employees, lawyers and people using court facilities are not parking in the ramp or surface lots.
Enforcement is need there.
With the traffic its safer to park on a surface lot or a ramp.
We have two great surface lots and two large parking ramps one new.
If you park at Genesee Valley you can walk father to get to your store than you will ever have to walk to get to a business or unit of government when you park downtown Flint.
The blame for the ticket error falls squarley on the previous city attorney for the cause.
The responsibility to correct it is clearly the job of the current city attorney , mayor and the Flint City Council. DDA ticket proceeds do not go into the councils pockets, they pay for the parking ramp.
The old tickets should be aggressively enforced.
Its possible, its the job of the city attorney to establish the process.
Where the DDA attorney has his office is irrelevant.
The DDA vehicle that writes tickets is inheretantly dangerous to the occupant.
If there is an accident and the DDA ticket writer is hurt the DDA and the City is a great financial risk.
Instead of auctioning off his car the mayor should give it to the DDA ticket writer to use for that purpose.Lets stop the cheap shots about downtown Flint.
Downtown Flint has come back.
Its the place to be in the evening, many extra activities are near, we have a great college town
and the perfect place for new start up business.
Posted here by
Terry bankert
www.flintfamilylaw.com
Thursday, February 4, 2010
GIVE THE RAMP TO UPTOWN REINVESTMENT
GOOD MORNING FLINT
2/4/2010
A FRIEND ASKED ME,
Terry why does UPTOWN get all the goods and other folks and tax payers foot the bill?
That does not seem right does it?
Yet our City policy has been to rebuild Downtown first then the College Corroridor then the neighborhoods.
Concentrating resources has allowed success downtown.
We do have a right to know who is benefiting?
However it came about about ,no matter who worked the deal we have a parking ramp. this ramp is
needed for long term revitalization of downtown Flint.
The DDA/with the city of Flint has a long term obligation financial to pay off the ramp.
The City does not have the money.
If UPTOWN as a non profit organozation takes over the complete obligation for the ramp thats good for Flint.
I do not know enough to answer the questions,
1.Who is UPTOWN Reinvestment.
2.Is everthing called UPTOWN Reinvestment [UR] a non profit or is there a for profit component.
3.Are there overlapping private and public interest for the individuals on the Board of UPTOWN reinvestment?
I do not know the answer.
As long as we have an arms length fair market transactions then UR is doing what we want non protifs to do, preform a public good.
In this case the Public Good is rebuilding Downtown Flint.
The greater Downtown to Kettering , to Mott, to U of M is turning Flint into a college town, thats good.
What we need next is a focused neighborhood agenda.
The Land Bank and the City are getting millions for clearance.
What we need now is to end the preoccupation with downtown.
We need to have the parking ramp issue settled. The UR efforts will be looked back as one of Flints great success, rebuilding downtown.
The Mott Foundations involvment and funding, though I cannot tell you what it was specifically, has allowed Downtown Flint to rise again.
I work in Downtown Flint, live near by, dine there, taken in theater and movies in the area.
I was born in Flint. My view is Downtown Flint is back.
Flint Citizens realize the Mott Foundation is like a natural resource. we are lucky to have it in our back yard.
I am naturally suspicious of them because they have a lot of money and I don't.
I am suspicious of UpTown reinvestment because they are putting together deals I don't understand.
Buts thats life.
We should thank them and hope they continue their good work.
We always have a right to know where our tax money has gone.
So let Uptown have the ramp, just give it to them, if they can put together one of their magical mystical financial packages with the omnipresent Mott Foundation.
Thats a good thing.
It will free up city money for public saftey.
Flint today has a critical mass of private and public leadership interested in Flint.
I like the current Flint City Council and all its members.
We have a good Mayor who is in the middle of his first test of fire.
I like Uptown Reinvestment.
As A Flint Citizen I am grateful for the Mott Foundation and its contribution to our community.
As a citizen my preference is for the publics business to be authorized by elected mayors and councils in Flint.
Flint Citizens desire the process of revitalization to be fair, transparent, and free from individual enrichment not part of the public plan.
The Mayor and the City Council need to do what it takes to unburden the tax payers from the parking ramp, keep the City of Flint SAFE AND SOLVENT.
they should continue to build the programs under way, citizen organization, land clearance, master plan creation and build a NEIGHBORHOOD AGENDA.
Mr. Mayor and Flint City Council when this all shakes out your political reputation and future depends on your efforts on the issues of financial solvency, public saftey and neighborhood revitalization.
posted first to Flint Talk http://flinttalk.com/viewtopic.php?p=52436#52436
Wednesday, February 3, 2010
What elese can you not manage Mr. Mayor?
GOOD MORNING FLINT!
01/03/2010
BY Terry Bankert
Give me a break.
There is very little that affects our life more, after the well being of our family, than our jobs.
There is very little that affects moral more than the threat of impending job loss.
In Flints troubled time we want a dedicated high moral public safety team.
You Mr. Mayor and who ever is running HR casually send out wrong layoff notices , twice this month.
See:
http://www.mlive.com/news/flint/index.ssf/2010/02/flint_police_layoff_notices_we.html
How can that happen.
If you cannot administer something as basic as proper layoff notices
what else can you not manage.
Your mistake, your human relations directors mistake to threatened the livelyhood of these city employees is unacceptable.
We are on the verge of not trusting you.
You should not hide behind a communications director when there is bad news.
You are still my mayor and have my support, so far.
Your reputation of being the best and the brightest is on the verge of
melting down along with Flint's finances
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