Roots vs Bing court hearing (audio)

Sunday, July 15, 2012

Roots vs Bing court hearing (audio)

Friday 10am - Judge Amy Hathaway's court of Wayne County 3rd District.
The case between three AFSCME union presidents vs Mayor Bing regarding hardships endured through the Financial Stability Agreement were heard in an effort to rule the agreement illegal.

The Prosecution

Rose Roots, president of Chapter 98; Yolanda King, president of Local 2394; and Yvonne Ross, president of Local 2799 are represented by attorney Herb Sanders, who is also lead attorney involved in the case of Stand Up For Democracy vs Secretary of State - concerning the Repeal if Public Act 4.
Detroit Corporation Counsel is represented by James Noseda. A preceding case against the State of Michigan Treasurer and the position that the Financial Stability Agreement has yet to be proven by Claims Court as a legitimate agreement due to violation of City Charter section 2-113 places Corporation Counsel on the prosecution side in the case.

The Defense

Mayor Dave Bing is represented by attorneys Irene Hathaway, Mike McGee and Larry Saylor. Attorney Murphy representing the State of Michigan.

Argument from Atty Hathaway is that Corporation Counsel is conflicted in this case in that they are to represent both the City and Mayor Bing.

There is a bit of a problem with Judge Hathaway's opinion when section 7.5-209, Enforcement of the Charter is observed. It is our hope that Corporation Counsel pursues remedy as stated in this section.

"The Corporation Counsel shall be responsible for enforcing compliance with the Charter. Corporation Counsel shall document in writing any violation of the Charter by the executive or legislative branches, Office of City Clerk, elected official or other persons subject to compliance with the Charter. This written notice shall contain the nature of the violation, including the Charter section(s) violated, direct the necessary action to be taken to remedy the violation, and date by which the remedial action must be taken. The time for taking the required remedial action shall not exceed fourteen calendar days. The notice of Charter violation shall be presented to the offending body or individual, with a copy provided to the Mayor, City Council and City Clerk."

"In the event the offending body or individual fails to remedy the Charter violation within the time frame and manner required in the written noticee, Corporation Counsel shall take all reasonable actions to secure compliance, including, but not limited to, judicial action."

There are a number of ethics violations committed by the Mayor, his staff/administration, and select City Council members. This is why Free Detroit No Consent has created an ethics complaint kit.