Showing posts with label Courts. Show all posts
Showing posts with label Courts. Show all posts

Sunday, March 31, 2013

Federal Court Injunction on Flint EM Modifying Retiree Benefits

Federal court places temporary injunction on Flint Emergency Manager on Friday, March 29, 2013 as reported by Mlive. Former Flint Emergency Manager Michael Brown issued an order to modify retiree's collective bargaining agreements which offered lifetime benefits in April 2012. The changes ordered Medicare-eligible retirees to pay $100 per person per month. They also increased the deductible from $50 to $1,000 and raised co-pay from $1,000 to $2,500.

The State of Michigan's dictators ("Emergency Managers") are demanding changes that the people are unable to have a voice in discussing. This is a failure of transparent government and a failure to permit local governance with representation of the people.

Voters across the State of Michigan repealed Public Act 4 and Public Act 72 during the November 2012 election. The Attorney General gerrymandered the intent of referendum to repeal law saying that the ability to revive a repealed law was enabled - this is a violation of MCL 8.4, and demonstrates the AG has violated his oath of office to serve the interests of the people. The interests of the people was to remove Emergency Manager Laws... Attorney General Bill Schuette has violated his oath of office.

Our State Board of Ethics will reject any filing as these need to pass through the chairperson's office. The chairperson for the Board of Ethics is John Pirich, esq, the lead attorney representing Citizens for Fiscal Responsibility (a Sterling Corporation sponsored entity) which contested the referendum presented to the Board of Canvassers (Jeffery Timmerer is a Sterling Corporation partner and was on the Board of Canvassers, he later resigned from office as the referendum made its way to the State Court of Appeals). The web of corruption in the State of Michigan will prevent justice from being served. It will prevent democracy in favor of corporatocracy. Bob Labrant is formerly head of Michigan Chamber of Commerce and was appointed by Governor Snyder to Michigan Employment Relations Commission on June 29, 2012 to serve until June 30, 2015. If you're concerned with Right To Work then you might check on Mr Labrant.

Remain vigilant and bring awareness out in public forum so it can be discussed. Our greatest strength will be in our transparent unity to discuss the issues as they are revealed.

Saturday, December 1, 2012

Analysis of Privatization

Opinion by Stephen Boyle
A fundamental requirement if you are going to hand a vital service over to be managed by someone is transparency. At any time anyone being serviced by that company can check what the conditions of service are and hold that provider accountable for service. Holding a corporation to account for public service is a daunting requirement. Corporations that take on the task need to know full well there will be lawsuits for breach of contracted services that will show up - it isn't a matter of if they will - they will and the question is how soon.

Lawyers and Courts are benefiting most
This trend toward lawsuit and litigation has proliferated as companies have generally moved from a meeting with the customer into a call-center approach to handling problems reported in volume. Ultimately the profession making out the best on all sides are the lawyers and our courts handling a staggering number of cases.

December 28, 2006 a Congressional Research Service report was produced on "Privatization and the Federal Government". The document offers purported claims of benefit, yet these benefits depend on implementation and accountability. There are degrees of outsourcing available as well. Marketization of services while still in government involves altering incentive structures facing a government agency to operate more efficiently. In effect this is retooling or process improvement and is a key manner of government reform.

Corporate accountability doesn't work the same way as public-serving elected and appointed officials. Public discourse on services provided requires a forum, which government service providers are required to provide, with an oath of service to provide for the people's well being.

The following list is a summary in brief of the criticisms to privatization:

  • Union busting
  • Adverse to affirmative action
  • Loss of fiduciary relationship to serve the public
  • Commitment to the public is likely more hollow and short term focus
  • Prone to corruption through preferred arrangements
  • If there are an insufficient number of competitive providers it limits selection and allows marginal providers greater opportunity
  • Prone to waste, fraud, and abuse without oversight and well-trained staff
  • Should a selected provider no longer be available there may be a significant lag in time and cost to find a new provider
  • Does not imply cost savings, better service, or better production. Private firms can be worse than government agencies.


Searching through additional references also brought me to the teaparty aligned think-tank CATO Institute Downsizing Government website with a page on privatization that provides no basis for why but proceeds to indicate what needs to be privatized. The opening paragraph reads ...
Governments on every continent have sold off state-owned assets to private investors in recent decades. Airports, railroads, energy utilities, and many other assets have been privatized. The privatization revolution has overthrown the belief widely held in the 20th century that governments should own the most important industries in the economy. Privatization has generally led to reduced costs, higher-quality services, and increased innovation in formerly moribund government industries.
This is irrational hypothesis at best with a false claim. Numerous cases can be thrown up against this proving scandal, improper cost models, and failure to execute what was promised. Again what is missing is full corporate transparency that has to be demanded by any government agency.

These aren't simply industries being served, they are the core human services that government provides. Mistreatment of them leads to people out of work, homeless, without food, and dying. This country grew as a nation based on representation of the people's interests and the nation is dying as corporate interests have supplanted the people.

Conclusions

Detroit's current "Reform Agenda" is not on a path toward success. It is full of divestiture of assets and privatization of services to the public.

Corporate resources in the Detroit market are few and unskilled at providing public transparency. If profits need to be made then marketization of existing departments within City of Detroit is needed. The residents of the city need the opportunity to participate in turning the city around through jobs. Contracted assistance in identifying critical processes need city employed personnel picking up the skills and manner of evaluating. Every step of the way needs city involvement and transparency. When we know better we can do better - it is unfair to keep the people in the dark and unaware, which is the apparent strategy of the current administration.

All contracts need short windows of time (9-12 months at most) with requirements to provide public transparency and skill sharing.

Tuesday, August 14, 2012

Denied press recording of Roy Roberts vs DPS Board

Today Roy Roberts, who was installed last year as Emergency Manager will be in court against the Detroit School Board. My request to record session was denied by 3rd Circuit Court Judge John Murphy.
I'm preparing to take notes during the hearing which will begin at 10am.

Tuesday, July 24, 2012

Defense of the Indigent: A Constitutional Crisis in Michigan

The WAR ON THE POOR occurs every day in Michigan's court system. It is cold and brutal, this just-ice. Working through the public defender can put you exactly where you wanted to avoid.

Tuesday, June 12, 2012

Consent Agreement in Court Wednesday

Wednesday June 13 at 10am Judge William Collette will be hearing the case of The City of Detroit vs State of Michigan, et al, case 1266-MK. This case presented by Corporation Counsel, James Noseda, will test the legitimacy of the Financial Stability Agreement (aka Consent Agreement).

Update: Corporation Counsel Krystal Crittendon will be meeting with Detroit City Council at 2:30 pm on Wednesday (closed session).

Board the Bus to Lansing

Free Detroit - No Consent is arranging for bus transport to the hearing. Please email info@freedetroit.org with your name and phone number if you are planning to travel in the group. We will be gathering at 7:30am at Bethany Baptist Church, 15122 West Chicago Street  Detroit, MI 48228

Monday, May 14, 2012

Court: Appeal to Place Repeal of PA4 on Ballot

May 17 The Appeal Will Be Heard

Stand Up For Democracy coalition is filing a writ of mandamus to force the Secretary of State to place the referendum to repeal Public Act 4 on the November 2012 ballot.

When: Thursday, May 17 at 10am
Location: 1st District Michigan Court of Appeals, 3020 W Grand Blvd, Suite 13-400, Detroit MI 48202.
Judge Kurtis T Wilder will be presiding. Media passes have been issued to the Detroit Free Press and WWJ Radio for still photos and audio recordings. A limit of 2 media requests for this hearing has been reached.

These organizations have contacted the Appeals Court to be placed into the proceedings. Each side will have 30 minutes to present.
  • Citizens for Fiscal Responsibility has been granted time to present orally. A brief has been filed.
  • An amicus curaie brief has been filed by Governor Richard Snyder and Bill Schuette, Attorney General. 
  • An amicus curaie brief has been filed by the American Civil Liberties Union Fund of Michigan.

Expungement Forum May 17


CRIMINAL RECORD EXPUNGEMENT
and FEDERAL PARDONS FORUM

Facilitator: Judge Deborah Thomas

  1. “How to expunge criminal records”
    Attorney Wanda Evans
  2. “Federal Conviction Pardons”
     Attorney Rohn Mitchell

When and Where 

Thursday – May 17, 2012
6:00 PM until 8:00 PM

UAW Local 7
2600 Conner, Detroit Michigan
(located north of Jefferson Ave.)

The forum is free to the public