CHECKS and BALANCES

GOOD MORNING FLINT!
10/20/09
By Terry Bankert
Terry Bankert is a Flint Divorce Lawyer sharing his opinion on local issues.

WHERES THE BEEF! WHERE IS THE NEIGHBORHOOD AGENDA?

Several thoughts struck me when I left the 10/19/09 League of Women Flint City Council Forum [I could only stay for the first of two hours.].

WE HAVE LEFT THE FOXES IN CONTROL OF THE HEN HOUSE AND THEY ARE EATING THE CHICKENS! NOW IS THE TIME FOR YOUR CITIZEN INVOLVEMENT IN FLINT! ITS WORTH FIGHTING FOR.

My observations.

1. The winners of the November Election get 4 year terms , they will not have to campaign for another 3 years, the 1974 Charter called for 2 years, the council amended it to 4. That’s too long, the council should be returned to two year terms. This will keep the council accountable in the community instead of becoming elite downtown politicians.

2.There seems to be a budding consensus among sitting council people and a block of candidate to throw out two provisions in the current Flint Charter designed to protect the voter, the Ombudsman’s office and the Human Relations Commission. The ombudsman through independent is a creature of the legislative branch. Leadership on the council has opposed the ombudsman office since I held it in ancient times. The people have voted 3 times to keep the office and the council continues to thwart the will of the people by trying to kill it by under funding and trash talking the current incumbent that they appointed. Nuts to them.

3.My gut feeling is that all roads lead to County Executive, by County economic interest who have co-opted city interests through their overreaching influence on the current and wanna be Flint City Council . Specifically I am talking about the Genesee County Regional Chamber of Commerce and its appendage the Downtown Re- Investment (Cabal), sorry Phil. (Phil, you should really talk to me when I spend money in your restaurant.).

These interests are opposed to a strong neighborhood reinvestment strategy. They think a County Executive , elected by the Chamber and Downtown interest , should run the city of Flint.

CANDIDATES AND INCUMBENTS PLACE DOWNTOWN OVER THE NEIGHBORHOODS, THEY GET $ AND SERVCIES. WE GET TRICKLE DOWN

So when you hear council candidate say, eliminate the Flint Ombudsman’s office or eliminate the Human Relations Commission to even get rid of the strong mayor form of government or calling for a Charter Revision Commission you are really are hearing the Flint City Council and candidate parroting the the Downtown vs. Citizens of Flint Interests.

4.In two of these forums, I left early at the last one , I have not heard a clear neighborhood agenda articulated. Granted increased police protection and building demolition clearly are two planks on a neighborhood platform. We need a grass roots, neighborhood group by neighborhood groups process of communication to keep the citizens informed on the issues of charter change. What do you suggest?

[video and pictures to follow here.]

Thumbnail
http://www.flickr.com/photos/30366181@N05/sets/72157622500405643/


Slideshow
http://www.flickr.com/photos/30366181@N05/sets/72157622500405643/show/

FLINT Wards, 4, 7 and 9 Monday, October 19th, Brennan Community Center- 1301 Pingree St.,,moderator: Gabe Gutierrez, WJRT TV-ABC12 Candidates: 4th Ward -Joshua M. Freeman and Sandy Hill,7th Ward- Denise Smith Allen and Dale K. Weighill,9th Ward- Scott Kincaid and Jeanne R. Reiter

DID YOU KNOW?

ITS YOUR CHARTER, ITS STRONG BUT IMPLIMENTED BY WEAK PEOPLE WITH AN AGENDA FOR UNACCOUNTABILITY AND NO ETHICAL MONITORING.

“CITIZEN INTEREST IN THE EFFECTIVE AND ETHICAL CONDUCT OF CITY BUSINESS IS SERVED BY….THE OFFICE OF OMBUDSMAN AND A STANDARDS OF CONDUCT BOARD.” [cr]

This provision in the flint City Charter is intended to protect us from the politicians that run Flint .

It has intentionally been thwarted by the Flint City Council’s own neglect and calculated intention to destroy the Flint Ombudsman office.

It’s the council job to make the charter work some of them and candidates are saying they are not up to the job! I will quote 2 paragraphs from a 1974 charter revision document.

”Citizen interest is effective and ethical conduct of City business is served by two new measures in the Charter. CRC has created the office of ombudsman and a standards of Conduct Board. The Ombudsman is a City official appointed by 2/3/ vote of the Flint City council for a non-reusable 7 years. The office is intended too check bad or unfair practices in City Administration. The Ombudsman has broad powers of investigation in City Affairs. The officer responds to citizen inquires and may initiate investigations. The ombudsman can only seek information on the failure of city services or suspected misconduct. Prosecution or imposition of penalties must be done in the courts."

"The Standards of Conduct Board oversees the conduct of elected officials and guards against unethical conduct of City Business. There is a Charter section which requires the City Council to enact ordinances in the public interest. These ordinances must prohibit conflict of interest among employees and elected officials and provide for campaign finance disclosures. The standards of conduct board will help employees and officials to conform to the ordinances required in the public interest.””

“The City shall by ordinance, establish a Human Relations Commission charged with the responsibility of reducing unlawful discrimination and increasing mutual understanding among the residents of the city.” Flint City Charter 6-501

ASK YOUR CANDIDATES WHY THEY WANT TO THROW AWAY CITIZEN RIGHTS BY ELIMINATING THE FLINT OMBUDSMANS OFFICE AND THE HUMAN RELATIONS COMMISSION.

THE FLINT JOURNAL OFFERED EXECLLENT COVERAGE by Kristin Longley at http://blog.mlive.com/flint-city-beat/2009/10/league_of_women_voters_hold_fo.html

Please Read her article, she summarized several of the prepared questions.

Q: What is the most important issue in your ward and in the city? How would you address it?

Q: Does the city charter need either a complete overhaul or any amendments?

I tend to agree with Scott Kincaid now may be the time for a charter revision commission.

But for different reasons.

I would suggest the council impanel a study group , of neighborhood and crime watch group leadership, to advise to the council and the community on deficiencies in the current charter ( is any), the charter commission selection process and to educate the public on the process.

We, you and I, could form this group to begin the work and inform our community.

Work needs to be done before it, Charter Revision, is put on the ballot and if approved followed by an election of candidates. Citizen education first.

The Forums are/were brought to you by Cosponsors: Alpha Kappa Alpha Sorority, Inc., Zeta Beta Omega Chapter, Delta Sigma Theta Sorority, Inc., Flint Alumnae and The League of Women Voters of the Flint Area

The last forum is 10/27/09, 7- 9 p.m. FLINT Wards 5, 6 and 8 Tuesday, October 27th Calvary United Methodist Church, 2111, Flushing Rd. Moderator: Tia Ewing, WNEM-TV5, reporter Candidates: 5th Ward- Bernard Lawler and Lynne Waybright 6th Ward- Sheldon Neeley and J.C. Walker 8th Ward- Ehren Gonzales and Michael J. Sarginson

I will not suggest how you should vote nor tell you how I will.

Ask your candidates about issues like elimination of the Ombudsman’s office.

Make an informed decision.

Posted 10/20/09

By Terry Bankert
http://www.flintfamilylaw.com/

See [f] http://blog.mlive.com/flint-city-beat/2009/10/league_of_women_voters_hold_fo.html

[c] Flint City Charter http://www.amlegal.com/nxt/gateway.dll/Michigan/flint_mi/cityofflintmichigancodeofordinances?f=templates$fn=default.htm$3.0$vid=amlegal:flint_mi

[cr] 1974 Charter Revision Document

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ETHICS ON INTERNET AND IN POLITICS

GOOD MORNING FLINT!
10/10/09
By Terry Bankert, a Flint Family Law attorney lawyer sharing his opinion with you.

WHAT ARE OUR ETHICS IN POLITICAL AND INTERNET DISCUSSIONS?

I recently talked with someone close as to why our politics are so polarizing. I would add they are judgmental, negative, narrowly focused and with an anonymity and unaccountability for the advocate of these polarizing statements. It became clear that this could be said about most internet interaction.

Why are they so negative.

What characteristics do these two forms of expression, politics and internet posting, have?

The field we would use to study these expressions would be generally “ethics”.

“The science of ethics or morals is concerned with character and with the conduct that is customarily approved or disapproved.’

“So ethics, the science of morality, seeks intelligent, reliable approval or disapproval of conduct and character.”

I did not know that. We have a way to analyze what I thought was just my right to have spontaneous reactions and pronouncements.

The quotations are from a dollar book from Salvation Army in Davison. ETHICS revised edition, Radoslav A Tsanoff, Professor of Philosophy, The Rice Institute., Harpers, 1947, 1955

“The terms approval and disapproval indicate the point of view from which ethical science investigates its field.”

Why do we gravitate to approving and disapproving. Why not just accept alternative positions and incorporate that which we agree with into our own philosophy.

‘Our common terms for expressing moral judgments are good and bad, right and wrong, better and not so good, worse and not so bad, highest and best, worthless and wicked.”

SO in politics and these internet posting we are making value judgments.

“ We have also words of more specific reference such as just, honorable, courageous, intemperate , treacherous, perverse, corrupting, saintly. Critical thought undertakes to order all these and related ideas under the general principal of value.”

So in politics and on the internet we are making value judgments.

“ Ethics is essentially concerned with the values of our experience. Its aim and guiding principal may be stated as intelligence in valuation.”

So we want to make value judgment intelligently in politics and on the internet?

Do we have the same expectations of all people when they make their moral judgments?

Should we expect the uneducated to advocate their value judgments at the same level as the educated, the poor at the level of the rich, republicans at the same level as the democrats?

[Excuse me I just made a bad unintelligent generalization that democrats are smarter and operate at a higher level that republicans. I’ll try to stop that now that I understand a little bit about the study of ethics.]

“ Might we not then hope to trace some lines of moral evolution from instinctive and impulsive anger and resentment…[sound like the internet and local politics to me]…towards a sense of justice; from gregarious and herd instinct towards social-mindedness; from obedience to leader and master towards dutiful fidelity?”

Our political interaction in the young nation the Unites States and the internet, less than 10 yr old, is maturing? How will they mature, what difference will become more apparent?
“the process of maturing moral values is gradual.” Give it time I guess.

‘”we may thus learn to cultivate more tolerance towards our ignorant fore bears..

[republicans?..oh there I go again.. I pledge to mature.]…as we our selves outgrow more of there errors.”

We will mature in our political and internet discourse. “ look to your self first in evaluations.

“ The ethical view of our life, and of any condition and action in it is, the view of the ultimate integrity and character of worth.”

What are the features of your moral outlook on life?

“ Ethics is concerned with judgments of approval or disapproval, with the norms of valuation in human conduct.”

How do we make our value judgments? Most of us do not know. We just do it.

Why look at our ethics.?

“ Ethics is thus the integral normative science or the science of systematized valuations. In simpler words used by W.G Everett “ Ethics is the science of values in their relation to the conduct of life as a whole. Or Durant Drake describes ethics as the science of what matters.”
So what matters to you? What matters in political discourse of internet interaction/?

Each issue we deal with will have come from some bank of knowledge, economic, politics, business, criminal justice, we must recognize these fields and their legitimate conclusions.

“ Challenge any one of them to justify itself, and before you are through you will have gone along the special radius, of economic or political valuation , towards the center of value, value basic, integral and decisive, which is the concern of ethical theory.”

So we are declaring value judgments as we attack each other politically or anonymously on the internet?

“But what are the higher and what are the lower values, and what is our principal of preference?”

When evaluating our positions through the prism of ethical evaluation, we must think differently, or at leas just think.

“ If political considerations lead us to support certain economic policies, or if our convictions on domestic policies, or if our convictions on domestic and international trade dictate certain political alignments it will not be enough to analyze and explain our motivation….we are bound to consider what our basic decision is to be and that involves our ultimate convictions and value in human life altogether. We come down to an ethical problem and the need of a justifiable ethical judgment.”

END OF CHAPTER one 1 -15 PG

Your thoughts?

Posted here by
Terry Bankert
10/10/098
http://www.flintfamilylaw.com/

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LOOKING FOR CORRUPTION?

WHY LOOK AT CORRUPTION IN FLINT MICHIGAN?

*****
GOOD MORNING FLINT! 9/15/09
By Terry Bankert
http://goodmorningflint.blogspot.com/
Above Longer article , mostly research so you can draw your own conclusions, with citations, short summery below at http://flinttalk.com/viewtopic.php?p=36113#36113
* * * * *
REFLECTIONS: Per diem abuse may seem like small potatoes, but it offers a way to look at the concept of corruption. Palin makes the news again. Mabey there are things about her experience that can guide us through Flint’s- First just being two faced like her is not political corruption. Political corruption is the use of governmental powers by government officials for illegitimate private gain. An illegal act by an officeholder constitutes political corruption only if the act is directly related to their official duties. All forms of government are susceptible to political corruption. Forms of corruption vary, but include cronyism, nepotism, patronage, and embezzlement. Tolerance of political corruption allows “rule by thieves”.Corruption undermines democracy.Senator McCain said that he chose Governor Palin to be his running mate because she’s going to change Washington D.C. the same way that she, supposedly, brought change to the governor’s mansion in Alaska. She brought political corruption to the Governors Mansion. She has spent -- or she has collected from the people of Alaska , improperly, nearly $17,000 in per diem , untaxed, in the 19 months that she was been in office, which indicates that she is out of her office more than she’s in her office. Her staff has said she performs most of her work from the Anchorage office near her home and charged the state for sleeping in her own home. If it is corruption compared to the allegations of the mayor and community members in Flint Mi USA,Palins corruption is small potatoes. We must have a whole field.[trb]
* * * *

Our Mayor in Flint MI USA has announced he is spending millions of his own money to fight corruption, great. Here I am reflecting what political corruption is and why it is important to stand up against it as a citizen. Per diem abuse may seem like small potatoes, but it offers a way to look at the concept of corruption.[trb] I simply inquired of my friend google about political corruption. You see in Flint we have a mayor who has started a committee to stop corruption in Flint. Ironically there are a few in Flint that argue he is its source. So I though I would inquire what political corruption is then seek examples, Palin makes the news again. Mabey there are things about her experience that can guide us through Flint’s[trb]

YOU ARE NOT POLITICALLY CORRUPT FOR BEING TWO FACED.

Alaska Gov. Sarah Palin charged taxpayers a per diem for her meals and incidental expenses as governor but was a vocal critic of a similar perk for state legislators.[6]

ONLINE DEFINITION OF POLITICAL CORRUPTION

Political corruption is the use of governmental powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by private persons or corporations not directly involved with the government.[1]

OFFICIAL DUTIES AND ILLEGAL ACT EQUATE POLITICAL CORRUPTION

An illegal act by an officeholder constitutes political corruption only if the act is directly related to their official duties.[1] All forms of government are susceptible to political corruption. Forms of corruption vary, but include bribery, extortion, cronyism, nepotism, patronage, graft, and embezzlement. While corruption may facilitate criminal enterprise such as drug trafficking, money laundering, and trafficking, it is not restricted to these organized crime activities.[1]

IN SOME LOCALS CORRUPTION IS THE PRICE OF DOING BUSINESS

In some nations, corruption is so common that it is expected when ordinary businesses or citizens interact with government officials. The end point of political corruption is a kleptocracy, literally "rule by thieves".[1]

CORRUPTION UNDERMINES DEMOCRACY

Corruption poses a serious development challenge. In the political realm, it undermines democracy and good governance by flouting or even subverting formal processes. Corruption in elections and in legislative bodies reduces accountability and distorts representation in policymaking; corruption in the judiciary compromises the rule of law; and corruption in public administration results in the unfair provision of services. More generally, corruption erodes the institutional capacity of government as procedures are disregarded, resources are siphoned off, and public offices are bought and sold. At the same time, corruption undermines the legitimacy of government and such democratic values as trust and tolerance.[1]

THE FIRST ARTICLE , WHEN POLITICAL CORRUPTION WAS GOOGLED, INVOLVED ALASKAN GOVERNOR PALIN

Senator McCain said that he chose Governor Palin to be his running mate because she’s going to change Washington D.C. the same way that she, supposedly, brought change to the governor’s mansion in Alaska.

WHAT CHANGES HAS PALIN BROUGHT AND WHAT DO THEY HAVE TO DO WITH CORRUPTION?

There are several examples of how that isn’t, exactly, the case. Her record does not stand up to scrutiny. Governor Palin billed the people of Alaska for 312 nights that she actually spent at home, in her own house, in her own bed.[1]


MISUSE OF EXPENSE ACCOUNTS AS POLITICAL CORRUPTION

These per diems are intended to compensate state employees to cover for travel costs when they are traveling on official state business.[2, comment by proudalaskan]

ALASKA IS A BIG STATE ,IS IT POLITICAL CORRUPTION TO SLEEP AT HOME AND CHARGE THE STATE FOR IT?

Governor Palin got paid to sleep at home. She also got paid to attend the Great Alaska Shootout, which is a Thanksgiving Day basketball tournament, here in Anchorage, that’s very popular. In all, according to the -- the Post, that we’ve seen, she has spent -- or she has collected from the people of Alaska nearly $17,000 in per diem in the 19 months that she was been in office, which indicates that she is out of her office more than she’s in her office.[2, comment by proudalaskan] At issue is the location of the governor's "tax home," which the Internal Revenue Service defines as the location where most of the individual's business is performed. Palin stayed in her Wasilla home 312 nights or 54 percent of the time period when she claimed the per diem, from Dec. 4, 2006, until June 30, 2008. She drove 45 miles to a state office building in Anchorage to conduct business. Her staff has said she performs most of her work from the Anchorage office. [3]

That would appear to make Wasilla the governor's "tax home," which would mean that under IRS regulations, any per diem she received for staying in that home is considered taxable. [3] But Garnero said the state considers Juneau to be the governor's "duty station" or tax home, which would make her eligible for per diem payments for time spent away from that place, even if it were in the governor's Wasilla residence. [3]

The $60-a-day allowance is available for state employees when traveling on official state business to cover meals and other expenses. Her salary is $125,000 a year. [3] Since Gov. Sarah Palin took office nearly two years ago, the state of Alaska has routinely bought commercial airline tickets for her daughters when they travel with her, a practice that raises questions about the governor’s claim to being a fiscal conservative.[7] Travel records from the governor’s office show that the state has spent at least $31,800 on dozens of airline tickets for the family, and more for meals and hotels.[7]

WE FIGHT POLITICAL CORRUPTION BY TRANSPARENCY. RELEASE OF PERSONAL TAX RETURNS IS ONE SUCH TRANSPARENCY

The important question today, I guess, would be -- because Senator Biden released his tax return -- would be for Governor Palin to release her tax returns -- federal tax returns -- to show whether or not she actually paid federal income tax on those reimbursements, for when she was living in her Wasilla home.[2, comment by proudalaskan] I am probably more involved, and pay attention more, to what’s going on in the state than a lot of residents. And I was unaware that she was not in Juneau, doing her job, as much as -- as this report seems to indicate. When she said -- made the announcement that she wasn’t going to stay in the mansion in Juneau, and she was going to -- because she “didn’t need this fancy house,” and she “didn’t need the cook,” and she “didn’t need the housekeeper,” and her home was in Wasilla, so she was only going to be in Juneau when she had to be in Juneau -- that rang pretty true to everybody.[2, comment by proudalaskan] Another background point involves the state capital, Juneau, which cannot be reached by road. Imagine trying to reach Hartford without using a road or bridge.

Those heading for Juneau by boat must deal with the ferocious Gulf of Alaska or the cloudy ferry trip along the Inland Passage. Those who fly must thread the needle between ice-covered mountains, bank hard above a fjord (usually in foggy drizzle), and land at sea level in a place where the tide averages over 15 feet. Juneau is a nice city to live in and to disembark at on a cruise, but it's a great challenge for business, coming and going.[4] We thought, “Well, that’s really great. You know, here’s this person who’s not, you know, feeling like she gets to -- to live in the castle on the hill. And she was going to be staying at her home in Wasilla,” and, “How noble is that?”[2, comment by proudalaskan]

STAYING AT HOME GREAT POLICY EXECUTED IN A SELF SERVING MANNER

But if she is billing the state to stay at her home in Wasilla, that’s pretty shocking to me, as a resident of the State of Alaska. So I think that this is -- it just raises one problem with the transparency and dishonest government that we have seen in Washington, D.C. And I don’t’ think it’s indicative of her bringing any kind of change to that.[2, comment by proudalaskan]

MIS USE OF PER DIEM THAN IS A LEGITIMATE EXAMPLE OF POLITICAL
CORRUPTION.

The practice of billing for staying at home seems to be unusual. Many officials said it would not be allowed in their states, including California, Pennsylvania and South Carolina, as well as other jurisdictions. On the federal level, officials said members of Congress do not get per diem allowances for routine home visits.[8]

POLITICAL CORRUPTION THEN COULD BE PALINS MIS USE OF PER DIEMS. A SECOND PROBLEM MAY BE NOT CLAIMING THE PER DIEMS ON HER INCOME TAXES

The misuse of per diems pales beside other acts of political corruption. But it’s a start. If this label applies to her where else should the label be applied in Flint MI USA? How to we stop corruption. Demand transparency and accountablity in the actions of the Leaders of Flint MI USA. Defend democracy by doing so.[trb]

Posted here by Terry Bankert 9/15/08
http://attorneybankert.com/
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[1] http://en.wikipedia.org/wiki/Political_corruption
[2] http://www.dallasnews.com/sharedcontent/dws/dn/opinion/letters/stories/satletters3_0913edi.6e18b549.html [3] http://www.washingtonpost.com/wp-dyn/content/article/2008/09/12/AR2008091203132.html?hpid=topnews
[4] http://www.courant.com/news/opinion/editorials/hc-thorson0911.artsep11,0,1586992.column
[5] http://voices.washingtonpost.com/the-trail/2008/09/10/palin_questioned_legislators_p.html
[6] http://voices.washingtonpost.com/the-trail/2008/09/10/palin_questioned_legislators_p.html
[7] http://news.bostonherald.com/news/2008/view.bg?articleid=1118181&srvc=2008campaign&position=10
[8] http://www.nytimes.com/2008/09/10/us/politics/10billing.html?em

92792/18010

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