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Topic: County Commissioners waste money in lawsuits
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untanglingwebs
El Supremo

The Melissa Calvert lawsuit was merged with Gleason's lawsuit. But no verdict shown on the record.
Post Fri Nov 28, 2014 1:36 pm 
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untanglingwebs
El Supremo

(from page 2)

The lawsuit is huge. Word is the Genesee County Board of Commissioners are not willing to compromise and will spend even more money to fight the Clerk/Register of Deeds. This battle seems driven by Gleason's refusal to bow down to their unrealistic and possibly illegal actions.

I am reproducing an affidavit filed in the case by Gleason..

Last edited by untanglingwebs on Fri May 16, 2014 7:10 pm; edited 1 time in total


Post Fri May 16, 2014 4:40 pm
untanglingwebs
F L I N T O I D


1. That he is the duly elected Clerk-Register of Deeds for the County of Genesee and sworn to protect the functions in the office of Clerk-Register of Deeds for the County of Genesee.

2. That he, s Clerk-Register of Deeds for the County of Genesee, has certain duties imposed upon him by statute and constitution.

3. That he believes the functions of the office are threatened, limited or impaired by acts or conduct, actual or implied, of the Genesee county Board of Commissioners.

4. That on at least one occasion, the Board of Commissioners has refused to allow him to perform his statutory duties as the Clerk-Register of Deeds.

5. That the Board of Commissioners has unlawfully interfered with his statutory ability and responsibility to hire deputy clerks and register of deeds. Specifically, as a precondition for authorizing the hire of an administrative assistant in the Clerk's office, the Board of Commissioners required him to reaffirm the appointment of two deputy registers of deeds that he inherited from his predecessor in that office. The Board of Commissioners, speaking through its Corporation Counsel, has since indicated tat if he were to remove one of those deputies , it would be difficult for him to appoint a replacement. He understood this to mean the Board of Commissioners would deny funding for the deputy position.



untanglingwebs
F L I N T O I D


6. That the Board of Commissioners has also diverted fees and fines collected by him for services provided, including the issuance of licenses and the recording of documents related to real property.

7. That the Board of Commissioners has diverted funds from the statutorily required automation fund which controls funds for use by the Register of Deeds to upgrade technology in violation of state law.

8. That the Board of Commissioners has diverted funds collected for late filing fees in accordance with the Michigan Campaign Finance Act, despite express provisions in that act that require him to use those funds to carry out the provisions of that act.

9. That the Chairman of the Board of Commissioners has directed the County's information technology staff, off the record and outside the context of a public meeting, to revoke his credentials as a website administrator for the Genesee County Clerk-Register of Deeds website. A a result, he is unable to post content to the website regarding pressing matters like the upcoming November elections.

10. That the Board of Commissioner has consistently taken steps to abrogate the constitutional and statutory responsibilities of his office.

Gleason signed the affidavit on October 9, 2013.


untanglingwebs
F L I N T O I D


In the court documents is a letter dated July 9, 2013 to Celeste bell, Interim Corporation Counsel, from John Gleason requesting a formal request for legal assistance regarding his ongoing dispute with the Board of Commissioners and her office regarding staffing and the duties of his office. "In particular, I am greatly concerned that I am unable to meet my constitutional and statutory duties as Clerk given the proposed level of funding for my office, staffing and the recent budgetary cuts to my office", wrote Gleason in the letter.

Gleason also discussed the Board' decision to "fund at a barely adequate level of serviceability" and expressed his concern that the proposed cuts and budget would not allow an adequate level o service in his departments.

"I recognize that I may be interpreting the law incorrectly-after all I am not a lawyer. So I specifically request an explanation of what "barely adequate level of serviceability" means and how it interpreted by the courts."

Gleason also requested County policies and procedures regarding staffing compensation and duties . "Finally, please explain what, if any functions nw performed by the Clerks and register of deeds offices may be discontinued without violating any applicable laws, rules, or regulations. Please also detail those functions which must be continued an the legal basis for your consideration."


Post Fri May 16, 2014 5:39 pm
Post Thu Dec 18, 2014 8:38 am 
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untanglingwebs
El Supremo

" 5. That the Board of Commissioners has unlawfully interfered with his statutory ability and responsibility to hire deputy clerks and register of deeds. Specifically, as a precondition for authorizing the hire of an administrative assistant in the Clerk's office, the Board of Commissioners required him to reaffirm the appointment of two deputy registers of deeds that he inherited from his predecessor in that office. The Board of Commissioners, speaking through its Corporation Counsel, has since indicated tat if he were to remove one of those deputies , it would be difficult for him to appoint a replacement. He understood this to mean the Board of Commissioners would deny funding for the deputy position. "
Post Thu Dec 18, 2014 8:40 am 
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untanglingwebs
El Supremo

The HR department hired Gleason's administrative aide to a position that did not exist and that had not existed for years. Once a position is vacated, it is removed from the budget and must go to the full commission to be restored. The error of the HR department cost the appointee a significant cut in salary and the error took many months before it was corrected and with no correction as to the pay discrepancy.

The decisions by the County Commissioners aided by the HR department in regards to employment issues are also allegedly part of the Melissa Calvert lawsuit.

To me their actions represent an attempt to micromanage an elected official's office.
Post Thu Dec 18, 2014 8:51 am 
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untanglingwebs
El Supremo

http://www.mlive.com/news/flint/index.ssf/2015/03/lawsuit_settled_between_county.html
Post Wed Apr 08, 2015 7:53 am 
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untanglingwebs
El Supremo

Attorney bills cost county $350,000 in lawsuit settled between clerk and Genesee County Board

Blake Thorne | bthorne1@mlive.com By Blake Thorne | bthorne1@mlive.com

on March 19, 2015 at 6:34 PM, updated March 19, 2015 at 6:36 PM

GENESEE COUNTY, MI -- A lawsuit between the Genesee County clerk and the Board of Commissioners will cost the county $350,000 in total attorney fees after the suit was settled.

Clerk-Register of Deeds John Gleason filed the suit in 2013 asking a judge to rule that his offices have not been properly funded and that Gleason should retain the authority to hire certain positions relating to his office.

The settlement confirms that Gleason is able to select and hire employees for both the clerk's and vital records offices, including retaining his ability to appoint his chief register and deputy register of deeds. He also is able to keep authority of circuit court clerk positions.

The legal fees for both sides are paid from a county insurance policy. All lawsuit costs are settled from this "risk pool," Board of Commissioners Chairman Jamie Curtis said.

That fund is currently insured at about $7 million, Curtis added.

The suit initially went to Genesee Circuit Court, then was kicked over to Washtenaw County then Ingham County before being appealed to the state court of appeals.

Curtis said it's good to have the suit in the past.

"Whenever you're able to settle out of court, that means both sides are working together," Curtis said.

Gleason also said he's glad the suit is settled.

"It's good to have it behind us," Gleason said.

Gleason's move to have county taxpayers fund an outside attorney is similar to actions taken by former Register of Deeds Rose Bogardus, who sued commissioners twice in 2010: once to hire an attorney to represent her office and a second time over the level of funding for her office.

Former county Clerk Mike Carr also threatened to sue commissioners over the level of funding for his office in 2011 but never followed through on the threat.

The board last year dropped a suit that was between the Board of Commissioners and the county treasurer. That suit stemmed from a disagreement over how the treasurer can handle funds from delinquent taxes.
Post Wed Apr 08, 2015 7:56 am 
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untanglingwebs
El Supremo

These lawsuits never should have happened. Former and present commissioners give the appearance of jut not liking John Gleason and wanting to increase the power of the commission over elected officials.

Las week I had a conversation with a commissioner who must have never read the lawsuit. This commissioner was clueless about the allegations put forward by Gleason (validated by the lawsuit resolution).

The delay in the time to process the deed actually could leave the county liable for fraud.
Post Wed Apr 08, 2015 8:06 am 
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