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untanglingwebs
El Supremo
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Former Mayor Don Williamson sues city of Flint for breach of contract, backpay
By Kristin Longley | klongley1@mlive.com
on October 03, 2012 at 6:00 AM, updated October 03, 2012 at 6:05 AM
FLINT, MI -- Former Mayor Don Williamson is suing the city of Flint and its elected officials, claiming the city has wrongly demanded he pay a $4.5 million legal judgment in connection with the controversial Citizens Service Bureau police unit.
Williamson, who famously took a $1 annual salary as mayor, is also demanding back wages as part of the lawsuit pending in U.S. District Court before Judge Avern Cohn.
In the complaint, Williamson claims the city violated his constitutional rights in October 2011 by asking a judge to order Williamson to personally pay the $4.5 million judgment awarded to Flint police officers who sued the city for discrimination over the Citizens Service Bureau.
Williamson's lawsuit -- which also names City Attorney Peter Bade, Flint Mayor Dayne Walling, former emergency manager Michael Brown and the Flint City Council -- says Williamson should have been exempt from paying the award in accordance with a city ordinance that indemnifies, or holds harmless, its public officials for their actions "while acting within the scope of (their) authority."
Williamson on Tuesday referred questions about the case to his attorney, Joseph Furton. Furton issued a written statement saying Walling and Bade "selectively denied" Williamson indemnity without a proper basis.
"Mayor Williamson was looking forward to retirement like thousands of other people," the statement reads. "Experts agree that the refusal to indemnify former Mayor Williamson is illegal and unconstitutional."
The lawsuit alleges the city denied Williamson indemnity for political reasons.
Walling lost a mayoral bid against Williamson in 2007. Williamson resigned in February 2009 while facing a recall election and Walling won the following special election six months later.
"They may not like Mayor Williamson's outspoken criticisms and 'tell it like it is' attitude, but he has the same right to free speech and due process as everyone else," Furton's statement says.
The city has filed a response to Williamson's suit, saying it doesn't have any merit and asking a judge to dismiss the case.
In pursuing collection against Williamson, Bade said last year that a panel of arbitrators opened the door for the city to do so when the panel ruled that race was a factor in Williamson promoting four black men and one white woman to a special police unit called the Citizens Service Bureau in 2006.
Bade had argued that the city has a policy against discrimination, so Williamson was acting outside the scope of his authority.
Walling on Monday referred questions to Bade, who issued a statement saying the city was "not surprised that Mr. Williamson filed a lawsuit seeking to avoid paying for the CSB arbitration award."
The Citizens Service Bureau was disbanded in March 2008 for budget reasons but not before 48 officers sued the city and Williamson in state and federal court.
The case landed before three arbitrators, who ruled in favor of the officers.
However, the arbitrators denied awarding any punitive damages against Williamson.
Still, the city proceeded to seek collection from Williamson and negotiated a payment plan with the plaintiffs in the CSB case.
According to court documents, Williamson also objected to the payment plan in the lawsuit, saying it was agreed to in secret in order to benefit political allies.
Cohn has ordered the case go to facilitation, which is a form of alternative dispute resolution in which a third-party mediator investigates the possibility of a settlement, said Barry Goldman, adjunct law professor at Wayne State University.
Goldman said civil cases often go to facilitation in order to avoid tying up the court's resources.
"The law is a blunt instrument... it's usually up or down," Goldman said. "It's usually a good idea for civil suits to go to some kind of alternative dispute resolution and get resolved in a way everyone can live with."
The case is scheduled for an Oct. 15 status conference. |
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Wed Oct 03, 2012 7:23 am |
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Ted Jankowski
F L I N T O I D
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| Too bad we can't add on the 9 million Sewer lawsuits and the 9 million Genesee Towers lawsuits. We need a way to be able to hold politicians accountable once they are elected. Voting them out 4 years later after they've cost us millions is not the way! |
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Thu Oct 04, 2012 2:55 pm |
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Down Town Wood
F L I N T O I D
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It is simple. The get out of jail free card needs to be removed. How was it ever approved that politicians are exempted from their actions? As a business owner I am responsible for the actions I take in the name of my company. When did the law get passed that politicians can do what they want and steal from those who they are "supposed" to represent and can not be prosecuted for their actions? No really Ted I am asking you, is it a ordinance? or was it put into the constitution
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Thu Oct 04, 2012 8:26 pm |
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untanglingwebs
El Supremo
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many forget the unrelenting pressure upon Williamson to replace Chief Gary Hagler with a black, any black, but preferably Lock, Who can forget meeting after meeting in City Council where the African American Police league of Flint (APPL) and other officers belittled the administration for not promoting blacks. Petrich led the charge for his friend Lock to be Chief although Lock did not survive the oral exams for captain. Petrich stated he would ride to hell in support of Lock and he is being well treated in return.
The leadership of the NAACP, along with Frances and Aonie Gilcrest, demanded Williamson place more blacks in leadership positions, williamson called all of his department heads and appointees in the office to show the NAACP that he indeed had blacks in key positions. After Joe Conroy told Gilcreast that tamar lewis was a black department head, Gilcreast stood in front of her assessing her blackness and declared she did not look black. She stuttered that her father was black. That got Williamson's last nerve and he angrily dismissed all of his staff.
Dawn Jones was with Channel 12 when on Septembner 26, 2006 she
aired a story that APPL was alleging racism against both Hagler and the Williamson administration. They alleged a "great disparity in hiring, promotions and disciplaine in the department" when they took their complaints once again to council.
Add to this the investigative hearings from council regarding the Police Department and pressure from the Concerned Pastors for more promotions in the Police Department. Knowing Williamson's temperment, it should have been no surprise that he created the Citizen's Service Bureau. His failing was to not have a promotional process. |
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Fri Oct 05, 2012 11:06 pm |
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westflint
F L I N T O I D
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| When Williamson was in office you saw him the neighborhoods. You could call the city and garbage was picked up around town. You never see mayor Walling in the neighborhoods. Call the city about anything and no response. This leads me to believe that Walling has special interest and could care less about this city as a whole. |
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Sun Oct 07, 2012 10:49 pm |
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JCARPENTER
F L I N T O I D
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WALLING HAS A SPECIAL INTEREST ALRIGHT,ITS DAYNE WALLING AND HIS CAMPAIGN WORKERS LIKE GREENIE WINNIE MONTEL. GIVING JOBS TO PEOPLE WHO HAVE NO IDEA WHAT THEY A DOING IS WHATS WRONG WITH POLITICS TODAY. COMBINE THAT WITH ELECTING LEADERS BASED ON THEIR SKIN COLOR,POLITICAL PARTY,MONEY,UNION OR OTHER SPECIAL INTEREST GROUPS AND YOU HAVE A RECIPE FOR FAILURE.
NOTICE TO ALL POLITICANS: YOU ARE NOT BEING HIRED(VOTED INTO OFFICE) TO GIVE YOUR FRIENDS A JOB OR DO THE DEEDS OF THE SPECIAL INTEREST GROUPS THAT HELPED YOU GET ELECTED, YOU ARE THERE TO BE GOOD STEWARDS OF OUR TAX DOLLARS, TO PROVIDE US WITH A SAFE, CLEAN PLACE TO LIVE AND SCHOOLS TO EDUCATE OUR CHILDREN. YOU ARE NOT THERE TO WASTE A QUARTER OF A MILLION DOLLARS ON A BUNCH OF TREES, BUILD HOMES WE DONT NEED OR GIVE AWAY OUR VALUABLE CITY ASSETS TO YOUR FRIENDS. WE NEED MORE POLICE PROTECTION, DEMOLITIONS AND IMPROVED SCHOOLS. COME ON VOTERS, WE NEED TO SEE THRU THESE PEOPLE AND ELECT LEADERS WHO HAVE OUR INTEREST IN MIND AND NOT THEIRS. |
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Tue Oct 09, 2012 8:01 am |
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