CITY -VS-CITIZENS, RE: BREECH OF CONTRACT

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

WHAT IS A CHARTER ?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The City Council created the emergency.[trb]

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

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

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

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

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

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

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

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

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

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

Deeds are more important than words.[trb]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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DEADLINE TO QUALIFY TO VOTE AT LOCAL DEMOCRATIC CONVENTION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Posted here by
Terry Bankert


—where did this stuff come from---

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

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CLINTON , OBAMA, AND MARK!

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

MARK AND ME!

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

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

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

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

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

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

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

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

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


SOME TRY TO BLAME LEVIN

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

MARK , YOU NEED TO GO.

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

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

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

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

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

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

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

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

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

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

SHE JUST SLIPPED THOUGH THE CRACKS![TRB]

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

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

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

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

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

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

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

MANY AROUND THE STATE ARE ANGRY

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

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

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

FLOYD CLACK

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

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

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

JUST GIVE US A HINT?[TRB]

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

WE HAVE GOT A PIPELINE

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

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


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

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

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

Posted here by

Terry Bankert
http://attorneybankert.com/

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

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