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Topic: $4 million missing from Genesee County coffers?
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untanglingwebs
El Supremo

Leyton is not Corporation Counsel. Why not bring in a forensic auditor?

Note: The commissioners has since made Leyton Corporation Counsel and gave him a bonus. Since they control his budget don't expect much traction on this issue.


Last edited by untanglingwebs on Sun Jan 07, 2018 8:34 am; edited 1 time in total
Post Wed Aug 10, 2016 7:41 am 
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untanglingwebs
El Supremo

Despite 2 lawsuits and expenses approaching $1 million, there are allegations the County Commission is still using this money for the general fund. The county is reportedly using Corporation Counsel, which is now Leyton with a substantial bonus, to justify using the money instead of the Register of Deeds.

REVISED JUDICATURE ACT OF 1961 (EXCERPT)
Act 236 of 1961

600.2568 Automation fund.
Sec. 2568.

(1) Each county in this state shall establish an automation fund, and that fund shall receive money deposited by the register of deeds of the county in accordance with section 2567. The county treasurer shall direct investment of the fund and shall credit to the fund interest and earnings from fund investments.

(2) The county register of deeds of each county shall expend the fees credited to the fund under section 2567 subject to an appropriation under the uniform budgeting and accounting act, 1968 PA 2, MCL 141.421 to 141.440a, for upgrading technology in the register of deeds office, with priority given to upgrading search capabilities. Upgrading includes the design and purchase of equipment and supplies, and implementation of systems and procedures that allow the register of deeds to receive, enter, record, certify, index, store, search, retrieve, copy, and otherwise process by automated procedures and advanced technology documents, instruments, abstracts, maps, plats, and other items recorded and maintained by the register of deeds.

(3) Not later than 90 days after the effective date of the amendatory act that added this subsection, each register of deeds shall begin to implement procedures to process and make available all items recorded, compiled, or maintained by that register of deeds, using the automated procedures and advanced technology described in subsection (2) to the maximum extent feasible utilizing the fund created under subsection (1).

(4) Four years after the effective date of the amendatory act that added this section, the register of deeds of each county shall prepare a report to the legislature that addresses, but is not limited to, each of the following issues:

(a) The progress that has been made by the register of deeds since the effective date of the amendatory act that added this section in achieving a goal of timely processing of recordable instruments.

(b) The extent to which the register of deeds has made records in the register's possession computer accessible by way of internet websites or other on-line media.

(5) The reports required under subsection (4) may be compiled into a single report by an agent of the county registers of deeds before it is submitted to the legislature.

History: Add. 2002, Act 698, Eff. Mar. 31, 2003

© 2017 Legislative Council, State of Michigan
Post Sun Jan 07, 2018 8:29 am 
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untanglingwebs
El Supremo

Leslie A. Raleigh

Genesee County Chief Deputy Clerk

900 S. Saginaw St.

Flint, Mi. 48502

810-257-3224

lraleigh@co.genesee.mi.us



From: Snider, Glen [mailto:Glen.Snider@tylertech.com]
Sent: Friday, January 26, 2018 9:20 AM
To: Gleason, John
Cc: Webber IV, Roy
Subject: Genesee County RoD re: RFP / contract



John,



I understand there has been some movement regarding the lawsuit between the Register of Deeds office and the Board of County Commissioners. That is certainly good news as we have been working towards making this project a reality since presenting our initial proposal in response to your RFP in July 2015.



The process of getting to contract has been long. It is highly unusual for me to give presentations to commissioners. Tyler has 18 counties in Michigan as clients. This was the first time I’ve been asked to give a presentation to commissioners. Typically, my presentations and demonstrations are for the Register of Deeds and staff. In my past experiences, the Register makes sure they have adequate funding in their Automation Fund, then the Register meets with the commissioners for approval of the contract with the vendor they have selected.



I was requested by the Genesee Board of County Commissioners to give two in person presentations (the first on September 21, 2015 and the second on March 20, 2017) which meetings resulted in no contract award.



However long this process has taken, the decision to award the contract now is a timely decision as the new software we will provide will allow, among many other benefits, the Register’s office to notate on property records homes that have improved the plumbing in their houses so future homebuyers will know if the property they are considering have those improvements or not.



Regards,



Glen


Glen Snider
Account Executive
Tyler Technologies, Inc.

P: 800.554.4434 ext.758083
C: 720.340.2741
www.tylertech.com



Tyler Technologies
Post Fri Jan 26, 2018 7:32 pm 
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untanglingwebs
El Supremo

myGCWEB.com myamadvantage CCN RADIO The Daily Gazette
This Web Site is Owned & Operated by Tri-County Publishing Inc.

April 19, 2017

"If I buy my software, that's good. But it doesn't uncover the spending of millions of dollars that I want uncovered. I'm not going anywhere until there's an audit. That's not a secret. They know that. Mark Young knows I want an audit."
— Clerk/Register John Gleason
​By Mike KIllbreath
Posted April 19, 2017
County commissioners mum on call for forensic audit of county's books by former state senator on Morning Gazette Radio Show
​ FLINT — Wednesday's 9 am meeting at the county complex in Flint had an elephant in the room when the Genesee County Board of Commissioners convened to do business. It was their first public appearance since Clerk / Register of Deeds John Gleason, a former state senator, blasted them on Friday's Morning Gazette Radio Show when going on record to say he believes a "forensic audit (of the county's books) will send people to jail."
None of the nine commissioners reacted Wednesday to Gleason's accusations although a presentation was made by representatives of Plante Moran — the firm of CPA's who do the county's annual audit. A forensic audit is generally an examination and evaluation of financial information for use as evidence in court. A forensic audit can generally be conducted in order to prosecute a party for fraud, embezzlement or other financial claims.

E-mails have now been sent by The Daily Gazette to every commissioner to get their positions on the forensic audit issue after Gleason's comments Friday on the Morning Gazette Radio Show. The program replayed on Monday morning because of Good Friday and the Easter weekend, and has led to a flood of calls supporting Gleason. Two callers on Tuesday's Morning Gazette Radio Show suggested they would support Gleason if he decided to run for Governor after he urged the "feds to care as much about Flint, as they do Detroit" in calling for what he says is a "long overdue investigation" into what he described as a "county government that is perceived to be corrupt."

Gleason's comments came after media stories by ABC TV 12 and MLive reported a press release by County Board Chairman Mark Young, yet didn't include Gleason's reaction, according to Gleason. He told The Morning Gazette Radio Show that he never agreed to any settlement in a lawsuit against the board, despite County Board Chairman Mark Young's assertion to the contrary. He said in the press release: ""I am very disappointed in John Gleason. He said he'd drop the lawsuit if we purchased the software. We agreed to do that and then he broke his promise."

Gleason insisted, however, that he never agreed to any deal, saying, "If I buy my software, that's good. But it doesn't uncover the spending of millions of dollars that I want uncovered. I'm not going anywhere until there's an audit. That's not a secret. They know that. Mark Young knows I want an audit."

Gleason was also outraged by accusations that he was "wasting tax dollars on the lawsuit" and pointed out that a retainer for his legal fees was paid by a state-wide association consisting of each Register of Deeds from all 83 counties across Michigan. "The ones spending thousands in county tax dollars are Mark Young and the commissioners," Gleason said. "Registers from all 83 counties voted to pay my legal fees, so what does that tell you? I can't see how I can't win. The law is clear. The county board can't make decisions for the Register because it's a position elected by the people. It is illegal for them to take the money and spend it, yet they've been doing it ever since I took office four years ago."

Gleason suggested that the money was :stolen from my office" to "protect the county's bond rating" for projects such as the McCree parking ranp project and the Karagondi Water Authority's water pipeline from Lake Huron to Flint. He stressed that legal fees spent on "lawsuits fighting me" could have gone toward a forensic audit. "The old board settled my previous lawsuit and it was agreed I would get my audit, but I think we need a forensic audit of the entire county's books" he said. "The county had its auditor go first on mine and it showed over $300,000 misspent, but Jamie Curtis didn't like hearing that and he wanted to audit their audit. That never happened and it also never happened that I got my audit because David Leyton (as corporation counsel) has blocked paying for it."
Newly-elected County Board Chairman Young made mention of Gleason's comments Wednesday during the annual audit presentation to the board by representatives of Plante Moran, not using Gleason by name but asking if the county's Register of Deeds had authority to pay for an audit listed in the final annual audit report. He suggested that Gleason "got what he asked for" and accused him of paying for it out of (restricted funds in) the technology fund set up for his office.
"It's misappropriation of funds," he said after Pam Hill, a partner at the Flint office of Plante Moran answered Young's question about whether it was legal to pay for the audit out of funds in the technology fund for Gleason's office. She said it was not proper.
Gleason denied, however, that he directed the payment, saying it was done by Curtis — the former board chairman voted out of office in last August's primary. Curtis could not be reached for comment and has not returned telephone calls from The Morning Gazette Radio Show or My AM Advantage since 2012 when criticized for "grandstanding" to get positive publicity for his tarnished image and subsequently becoming a no show when scheduled to be a guest on the radio show.
Leyton, who now serves a dual role as the county's Prosecuting Attorney and Corporation Counsel, immediately reacted to Gleason's comments with a statement issued on his behalf by Deputy Chief Assistant Prosecutor John Potbury. The statement said: "Prosecutor Leyton first wishes to convey that Mr. Gleason is shooting the messenger with all of his accusations and verbal assaults here."
Gleason contends that Curtis arranged for Leyton to get a $45,000 pay raise when adding Corporation Counsel duties to his role.
Potbury said his boss also took exception with accusations that he had "blocked" paying for an audit Gleason wanted, saying, "Prosecutor Leyton is civil counsel for the Board of Commissioners. He does not have a vote and is not a member of the Board. The Board of Commissioners voted unanimously to provide Mr. Gleason the audit he requested in his lawyer's letter of February 28, 2017. Mr. Gleason's allegations of mismanagement of funds was reviewed by the State Treasurer at Mr. Gleason's own request and no mismanagement was found."
Gleason also called Leyton "corrupt" for serving as corporation counsel and prosecutor in a case involving an employee of the Genesee County Sheriff's Department and in Gleason's lawsuit against the county board. "As Corporation Counsel, he represents employees of this county," Gleason said on The Morning Gazette Radio Show. "So how did he prosecute the Joe Parks case when he clearly had violation of attorney-client privilege there? How can he represent me as an elected official and oppose me at the same time? It's a conflict and it's unethical what he's doing."
Potbury responded on behalf of Leyton: "Michigan law provides that the elected County Prosecutor shall serve as civil counsel for the county unless a county chooses to employ a separate attorney for that role."
Gleason, who has arguably been the most popular politician in the county after a 10-year run that ended as a state senator, said his push to get new blood elected to the county board at the last election was solely because of his desire to get a forensic audit of the county's books after six years of county board leadership by Curtis. Gleason said that's why he offered endorsements and strong support for five newly elected commissioners — Drew Shapiro of Fenton, David Martin of Davison, Ellen Ellenburg of Burton, Kim Courts of Flint Township and Martin Cousineau of Clio.

"I wanted my audit," he quipped. "When we get it, people will go to jail. I believe that."

He said Commissioner Ted Henry of Clayton Township seemed poised to win the county board chairman role until Shapiro and Martin switched their votes. In fact, in an interview with The Morning Gazette Radio Show last December, Commissioner Henry had vowed to do exactly that if elected to replace Jamie Curtis as county board chairman on Jan. 3, but then Commissioner Young of Grand Blanc instead won the job by a 5-to-4 vote.

Commissioner Shapiro was rewarded for his support when promptly appointed by the new county board chairman as vice chairman of the county board and also as chairman of the board's finance committee, yet he was removed last month by County Board Chairman Young as the finance committee chair.
No announcement was made about why, but the shakeup by the newly-elected board chairman came after an incident where Commissioner Shapiro was escorted out of a board meeting and driven home by Genesee County Under-Sheriff Chris Swanson after appearing intoxicated or under the influence of drugs. Sheriff Robert Pickell told the media an investigation would include reviewing video tape to determine if he drove into the county parking lot in that condition, and Commissioner Shapiro told The Flint Journal he incorrectly mixed doctor-prescribed medications that caused his odd behavior.

Gleason's views on the incident were not aired on Friday's controversial Morning Gazette Radio Show, but he questioned how the incident was handled. Gleason was critical of the scenario where the county board subsequently voted after the Commissioner Shapiro incident to settle a lawsuit involving Sheriff Pickell and his campaign manager — Scott Hope. The vote came during a closed session and Gleason wouldn't reveal if he knew whether or not Commissioner Shapiro voted for the $225,000 settlement check that went to attorney Glen Lenhoff after his lawsuit threat. Lenhoff went to police to obtain a warrant that revealed a computer owned by Hope was used to create libelous posts about Lenhoff on fake Facebook accounts created during a nasty campaign last August between Sheriff Pickell and challenger Dan Allen of Grand Blanc. Lenhoff created a "Super PAC" with other local lawyers and more than $250,000 was spent between the PAC and Allen's own campaign funds.
A request for comment from Commissioner Shapiro was also issued to determine how he voted on the PIckell settlement, and to give him an opportunity to comment on the police ride home after his odd behavior and the subsequent decision by County Board Chairman Young to dump him as chairman of the board's finance committee.

Gleason said it was his "guess" that Commissioner Shapiro may have asked about the idea of a forensic audit or angered County Board Chairman Young when opposing his position about raising the age to purchase cigarettes in Genesee County. "He embarrassed Mark Young by pointing out how it was illegal to do it under state law, and I don't think Mark Young liked that," Gleason quipped.
In addition to Gleason's criticisms of Young, Curtis, the FBI and U.S. Attorney's Office, Prosecutor Leyton and the Genesee County Sheriff's Department — Gleason also took some swings at others during the parts of the radio show that aired on Friday. He described ousted Commissioners Curtis, Mike Lynch and Tony Brown as "crooks" who were part of what he called the "Gang of Five" with Young and Bryant Nolden. Gleason was also critical of the former comtroller (Keith Francis) who quit after the last election, calling him a "crook."
Post Tue May 02, 2017 10:20 am
c
Post Fri Jan 26, 2018 8:17 pm 
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untanglingwebs
El Supremo

This is the memo that triggered the above notification from the software provider. Although the commissioners said they would purchase the software, they have had the vendor make 2 presentations, but never put the item on the agenda for financial consideration.


PRESS RELEASE


FOR IMMEDIATE RELEASE: January 22, 2018

CONTACT PERSON: Joshua Freeman, Board Coordinator
Genesee County Board of Commissioners
(810) 257-3020


GENESEE COUNTY BOARD OF COMMISSIONERS
ACT TO MODERNIZE
REGISTER OF DEEDS OFFICE


The Genesee County Board of Commissioners authorized the purchase of new software for the Register of Deeds Office. This software will allow the office to better serve the needs of Genesee County residents by utilizing state-of-the-art technology in searching and registering deeds here in Genesee County. This action by the Board is a significant step in trying to resolve a long-standing lawsuit brought by the Genesee County Clerk/Register of Deeds.

The Clerk sued the Board in 2016 claiming that funding for his offices is not appropriately allocated. He specifically alleges that the Automation Fund, a statutorily required fund dedicated to the modernization of technology of the Register of Deeds office, is being improperly used by the Board. The Board of Commissioners vehemently disagree with the allegations of his lawsuit, but understand the negative financial impact that such litigation has on the residents of Genesee County. As such, today in regular session Commissioners voted to move forward with the process of purchasing software requested by the Clerk/Register to update the processes within the Register of Deeds office.

“This Board wants to act in the best interests of the citizens of Genesee County despite the pending litigation” said Chairman Mark Young. “The Board had agreed with the Clerk/Register long ago to purchase this much needed software to update and modernize the Register of Deeds Office. This was one of the initial demands in his lawsuit and the Board has always been eager to authorize the purchase. Now that this issue has been resolved, we are hopeful that the Board and the Clerk/Register can find resolution to his remaining issues.”

By taking this action, the Board of Commissioners does not concede any wrongdoing in this frivolous lawsuit and will continue to vigorously defend their actions in this process. Simply put, our residents deserve a resolution to this issue, a primary question raised in the lawsuit, which will then allow us to eliminate one of the barriers that has divided the Board and Clerk/Register for several years.
Post Tue Jan 30, 2018 2:25 pm 
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untanglingwebs
El Supremo

·

Sally Haywood

I am disappointed with Commissioner Bryant Nolden. I have supported him as he did an amazing job as 3rd ward council. Now as he is a commissioner, I find out that he allegedly uses a county truck each weekend and the leadership of the Commissioners refuse to deal with the breach of ethics. The code of ethics for an employee addresses the use of county vehicles outside of work hours. But Nolden is not an employee, he is an elected official and there is no legitimate excuse for his weekend use of county property. I threw this out as a question with no name and got a quick response from a former commissioner. They had attempted to address this issue and leadership refused to put it on the agenda. Other sources state Ted Henry of the 8th had claimed he would deal with it but again no movement. I have been told that individuals have driven by Nolden's home and reported the truck in the driveway. Doesn't he notice that one subject of the FBI investigation into Rizzo and bribery cited an official for misuse of government equipment for his personal use. And who in the county is enabling this behavior
What benefits are derived by other county commissioners who allow this behavior. Is there a trade off on votes so that they overlook this ethical violation?
And does the commission keep throwing extra money at Pickell and Leyton so they look the other way when asked.
Post Fri Feb 02, 2018 9:11 am 
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untanglingwebs
El Supremo

I asked for a follow up on the software contract only to have Gleason tell me how Young thwarted the contract one more time.
Post Thu Feb 22, 2018 9:15 am 
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