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Topic: JUDGE COLLETTE,THE EM LAW AND OPEN MEETINGS ACT

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untanglingwebs
El Supremo

Ingham County Circuit Judge William Collette ruled that the review teams of the state and the recommendation of a emergency manager for Highland Park were invalid because these state appointed panels met in secret and thus violated the Open Meetings Act. The Judge ruled that so many powers were given to the financial review boards under Public Act 4, that there was no question that it was a public body subject to the act.

The Judge ruled that all decisions made in these secret meetings were null and void and all reviews in the future must be made in public. Snyder still believes his PA4 to be valid and does not believe they are subject to the Open Meetings Act.

There is still an argument as to whether the ruling nullifies the Governor's decision to appoint an Emergency Manager.

Karen Bouffard of the Detroit news Lansing Bureau interviewed Wayne State University constitutional law proffessor Robert Sedlar in her Febrary 16, 2012 story on the ruling. He stated "part of the Open meetings Act allows a judge to invalidate decisions made by a public body if the court finds that failure to comply with the law has "impaired the rights of the public" The act also has a do-over provision that allows a public body to repeat their decision making process in compliance with the law."

The new issue, especially in Flint, is how does this ruling impact the emergency manager while he is performing the duties given to him by the state.

Flint EM Michael brown told the audience at Haskell that his administrative groups would not be opened and they did not fall under the Open Meetings Act. Detroit Mayor David Bing was quoted in the Detroit news with a similar belief that tranacting financial issues in the public arena would only bog down the process.
Post Sat Feb 18, 2012 2:44 pm 
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untanglingwebs
El Supremo

How many remember when former Emergency Financial manager Ed Kurtz took office and kicked out all of Mayor Rutherford's volunteers. Now Kurtz is a volunteer and a chair of a suc-committee working with Brown.

I hear that some of these committee members are all over the city asking questions and getting involved in the business of the city. So are these individuals agents of the city. Certainly the comments of Tim Hermann of the Greater regional Chamber of Commerce when he spoke about wanting to be involved in the finances of the city would make it appear that Hermann believed he was an agent of the city. Brown told residents that some indivuals were working pro bono and others were on loan.

So when these individuals meet with city council and department heads just what capacity are they working in. Are they indemnified for any actions of theirs that are decision making. Brown at one point told residents to contact Duane Miller, who is an officer of the Regional chamber of Commerce.
Post Sat Feb 18, 2012 2:59 pm 
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untanglingwebs
El Supremo

Brown also told residents that it was not a conflict of interest to give money to The Chamber of Commerce because they were a sole source for economic development. So he gave thm $30,000 in resolution 2012 EM 078 out of the Department of Community and Economic Development general fund account for a retroactive payment for services already allegedly received. No contract apparently.

Does anyone remember the attorney general lawsuit against council over retroactive payments. But then neither Snyder nor brown believe laws apply to the EM.

But Brown also is giving the Genesee County Regional Chamber of Commerce $ 15,000 from the City CDBG funds. According to Brown this was ok because the $45,000 total is $5,000 less than the $50,000 reporting level imposed upon him by the state.

He is also giving CDBG money to LISC when LISC employee Sue Peters is serving as a consultant to the DCED.

Federal rules supercede state emergency managers so Brown may be walking on a slippery slope.
Post Sat Feb 18, 2012 3:08 pm 
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untanglingwebs
El Supremo

What role does Duane Miller hold in the Brown administration?
Post Sun Aug 19, 2012 10:37 am 
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bigmouthconservative
F L I N T O I D

He carries the cash in a briefcase to the DDA/Mott Foundation/Uptown group et al
Post Sun Aug 19, 2012 5:47 pm 
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Dave Starr
F L I N T O I D

The eminence grise

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Post Sun Aug 19, 2012 6:01 pm 
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untanglingwebs
El Supremo

deja vu anyone?
Post Tue Jul 11, 2017 11:39 am 
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