Detroit Is Stuck Legally

The fiscal problems of Detroit are embroiled in a number of legal issues.

Consent Agreement Not Approved

Detroit's Consent Agreement was not approved by Corporation Counsel due to the debts the State of Michigan owes the city - $230,428,206.09 owed by the State to the City. The Mayor should be demanding payment.

In 2009 Mayor Bing pulled together a Turnaround Team that was very lopsided with interest - Miller Canfield attorneys monopolized the legal section of the team and were present in nearly every area. Miller Canfield worked with Gov Snyder to draft the 2011 Emergency Manager Law, which a week later March 21, 2011 Gov Snyder announced plans to dissolve city and county services moving them to metropolitan area authorities that were to be created. Legislation is currently in Michigan Congress now (SB1366, HB6025) to adopt the Michigan Municipal Area Municipal Authorities (MAMA) Act.

Consent Agreement Rendered Baseless 

The result of the referendum to repeal Public Act 4, the Emergency Manager Law put over 60% of the state opposed, passing the referendum. Over 45% of counties voted more than 60% opposed to PA4. The Consent Agreement has been contested in court on several occasions: Roots vs Bing in which 3 AFSCME Union Leaders. Miller Canfield was present to intercede on behalf of Mayor Bing.

Motivation for Representation

Why has Mayor Bing pushed Corporation Counsel to the side (which according to City Charter must approve or prepare legal contracts) and sided with Miller Canfield? Why would the same legal firm that wrote the Emergency Manager Law be referenced as the best choice to oversee legal matters of the Financial Stability Agreement?

Are the administration and state afraid that a nonbiased legal firm would find improprieties in the legal practices of the city or state? Should an audit of the administration's legal proceedings be conducted? It certainly seems TRANSPARENCY IN GOVERNMENT has been and continues to be a failure for City of Detroit administration, especially the Executive Branch.

Pursuit of Legal Justice

There have been a number of forms of malpractice and criminal activity oppressing the City of Detroit for an extended period of time. When pursuing justice it is particular note the nature of the Organization as Weapon in White-Collar Crime. The abstract at NCJRS for the Michigan Law Review article "The Criminal Liability of Corporations and Other Groups: A Comparative View" indicates...

"The offenses were antitrust violations, securities fraud, postal and wire fraud, false claims and statements, credit and lending institution fraud, bank embezzlement, tax evasion, and bribery. Three principal categories of offenders were identified: those who committed offenses alone or with affiliated others using neither occupational nor organizational role (individual offenders), those who committed offenses alone or with affiliated others using an occupational role (occupational offenders), and those who committed offenses in which both organization and occupation were ingredients (organizational offenders). Organizational offenders were found to commit crimes yielding greater 'takes' over a longer period and with greater frequency. Most victims of white-collar crimes are organizations, including the Federal Government. Organizational offenders tended to have higher educational attainment, were significantly older, and had impressive occupational and community status. Differences in the rate of incarceration among the offender categories were not significant, even though organizational offenders committed more severe crimes." 

The article is also available through JSTOR. The following forms of misconduct have occurred through and been supported by Miller Canfield Paddock and Stone, PLC. Citations of occurrences withheld at this time.

• Abuse of Process - The use of legal process to accomplish an unlawful purpose; causing a summons, writ, warrant, mandate, or any other process to issue from a court in order to accomplish some purpose not intended by the law.
• Extortion - In a large sense it, signifies any oppression, under color of right: but in a more strict sense it means the unlawful taking by any officer, by color of his office, of any money or thing of value that is not due to him, or more than is due, or before it is due.
• Undue Influence - A judicially created defense to transactions that have been imposed upon weak and vulnerable persons that allows the transactions to be set aside.

Mayoral Coercion of City Council

Mayor Bing will ask for City Council to revive the vote of some of last Tuesday November 20th's agenda items. This is being encouraged by Council Pro Tem Gary Brown who believes five votes from City Council can be guaranteed to approve the Miller Canfield contract. We need to call our council members and urge them to stick by their votes.

City Council Session with Mayor Bing
Topic: Miller Canfield contract to work on Financial Stability Agreement, required by Milestone Agreement by November 30.
Monday, November 26, 2012 @ 1pm
Coleman A Young Municipal Center, 2 Woodward Ave, Room 1340, Detroit MI 48226 [map]

Mike McGee
Miller Canfield partner

The discussion November 14 at the Internal Operations standing committee made it clear that Miller Canfield is using extortion on the City of Detroit. Miller Canfield has written the laws-contracts-agreements, litigated cases, and are now standing to be the legal counsel guiding the "Reform Agenda" and using the Milestone Agreement to hold the city to account for making the changes prescribed. Unfortunately the City of Detroit website does not have archived footage from that day for viewing.

Ask these pertenant questions:

• Has the Milestone Agreement been approved by Corporation Counsel?
• Who prepared the Milestone Agreement?
• Since Public Act 4 was repealed the repeal of Public Act 72 was in the referendum. Where is the standing for the Consent Agreement?
• Corporation Counsel gave testimony before City Council on Nov 20 that she did not approve or prepare the Consent Agreement, by Charter section 7.5-206 that is required.
• Why does a Reform Agenda not include job creation? Everything here is contracting out and privatization. Has anyone looked at common references for Reform Agenda?
• Why is billing for Miller Canfield at $275/hr rather than standard legal rate of $180/hr?
• This is a retroactive contract, why was work done prior to approval?
• $300,000 in expenses has been consumed in the time of the proposed contract. Are there expected requests for additional funding to 2015?
• Contract periods need to be reduced, what measures through the Reform Agenda are committing to return work to Detroit expeditiously?
• Will the Mayor meet with the public to hear their concerns? Even City Council seems to have a problem gaining audience without the Mayor being the requestor.

Considering PA4 and PA72 are repealed how soon will the Mayor be requesting Chapter 9 Municipal Bankruptcy? Has the city done any planning in this direction?

• Has the city prepared an organization chart as requested by the 2012 Charter? Is that available online or at the City Clerk?
• Changes to the City Charter were made in the 2012 election - when will an updated City Charter be provided?

Unethical Conduct

When it comes to legal consel in the courts we continue to find Miller Canfield present to defend the Mayor / Consent Agreement / Emergency Managers. There have been occassions where they are not used, in those situations John Pirich, esq has been present. Attorney Pirich is the chairperson of the Michigan Board of Ethics. His involvement in 2012 has included:

• Hired by Citizens for Fiscal Responsibility as lead counsel in the case against Stand Up For Democracy
• Representative for Detroit Public Schools Emergency Manager Roy Roberts in case against Detroit School Board
• Defense for Mayor Bing at Election Commission meeting regarding recall proceedings

There is a vast pool of legal counsel around the State of Michigan. Is there an underlying reason why certain attorneys are being used? Could it be that in their position they are above the law and beyond reproach?

Crittendon and Hollowell Speak

Thursday June 28 a number of Free Detroit - No Consent members attended the NAACP Detroit Branch meeting and had a wonderful discussion on two highly controversial matters being discussed in Detroit and Michigan. Speakers for the evening were Butch Hollowell from Stand Up For Democracy speaking about the Repeal of Public Act 4, and Krystal Crittendon, Detroit Corporation Counsel speaking about the Consent Agreement. It was an evening for the public to become informed on how democracy for the people is being fought for locally and in the state.

Each speaker's presentation was valuable for anyone that has only had news stories and bits of information to bring the stories together. You were given the breadth of
the story to know how it has evolved, what issues are currently being faced, and the action steps that are being taken.

Repeal of Public Act 4

Stand Up For Democracy has a team of attorneys working together to remove Emergency Manager Laws from Michigan. Our speaker was Melvin "Butch" Hollowell, Detroit Branch NAACP attorney.

Current action is the motion requesting immediate implementation of the order to place the Repeal of Public Act 4 on the November ballot. Additionally voter legislation was headed for approval by Governor Snyder.

The Consent Agreement of Detroit

Voter Legislation Bills 

Yesterday Governor Snyder vetoed the following "voter suppression" bills. 11 voter registration bills were signed into law.

• SB 754 [VETO] - sought training for organizations registering voters. The governor stated timing on this would be too tight to accomplish and would further confuse voter registration efforts.
• SB 803 & HB 5061 [VETO] - prevent voting fraud by requiring a voter to reaffirm U.S. citizenship before receiving a ballot and requiring photo ID when picking up an absentee ballot.

New Detroit Corporate Empire

Detroit Mayor Dave Bing and his accomplices have an agenda — the Rape of Detroit. Extract anything that is good and decent from the city, sell it off to the wardens of a new Detroit Corporate Empire.

The people have a choice, either:

1. Lay down and submit, Consent to Agree
2. Stand up, educate, use the law, and Fight Back

This is why Free Detroit - No Consent was formed. The people of the city are not willing victims in this “Consent Agreement”, WE DO NOT CONSENT. We the people are being enslaved by this system.

Friday, June 22 Mayor Bing asked for a Special Meeting with City Council to remove Corporation Counsel Krystal Crittendon. He needs six votes from council, council denied him that June 11. This was his second attempt.

Public comments were heard for about a half hour and the Mayor couldn’t handle the heat. Each person coming to speak was supportive of the lawyer and reinforced that she was doing her job, yet the Mayor was not doing his job. He has continued to operate outside the law of the City Charter. The people have had enough!

The Mayor claimed to have a phone conference he had to be on with Washington DC. He interrupted public comments twice. Council President Charles Pugh asked the Mayor if he would return so the meeting could be kept open. The Mayor was not specific and left.

Forty five minutes later a representative from the Mayor’s office spoke with press who were in the room and asked them to come to the 11th floor for a press conference. The people were waiting, City Council was waiting while this happened. The Mayor put the city on hold while he spoke to the press - then he did not return to complete the meeting. City Council closed the meeting around 4pm. It had started at 2pm.

The Mayor continues to exercise privilege of the press in portraying the residents of the city in a degrading manner, indicating Friday's meeting was a "sideshow"[1][2][3][4].

Mayor Bing several times has stated he no longer consults with Corporation Counsel as required by the City Charter (sec 7.5-201.1). Changes approved to the Charter in January 2012 (sec 7.5) clearly state Corporation Counsel and the Auditor General are independent of all branches of the government. This change was made to prevent corruption. Mayor Bing employs legal counsel from Miller-Canfield. Is the money to do this coming from the City Budget? Would that mean the City is on the line for Miller-Canfield's bill or are they working pro bono for the mayor? What contracts and receipts are in the city's books? All contracts are to be filed with Corporation Counsel (sec 7.5-206).

Miller-Canfield is a law firm we will show  to be in collusion with the State of Michigan, and Court system in the enslaving of the poor. There has been a focus on communities that are predominantly black. Miller-Canfield attorney Mike McGee is Mayor Bing's top choice - he wrote the changes to Public Act 4 creating a dictatorship when an Emergency Manager was placed; he drafted and revised the Financial Stability Agreement along with Ernst Young (each making $1 million in that process); and we'll have more information as investigation continues. How can a person so close to State law be placed in a position guiding the Mayor? This is all about creating a corporate empire within the State of Michigan, that is able to subjugate the people with government, rather then serve the public. They will interpret the law rather than follow it - watch for this and call it out when it happens.

Free Detroit started on the anniversary of Martin Luther King Jr’s assassination, which is the date (April 4, 2012) that the Consent Agreement was approved 5-4 by City Council. It wasn’t a super-majority, nor was it placed to the people for a vote. We are now enslaved by a system that demonstrates Taxation without Representation. We intend to fight on many fronts.

Free Detroit has created an Ethics Complaint that can be downloaded, signed, notarized, and turned in with the Board of Ethics. We are seeking to have Mayor Bing and his accomplices removed from office and legal proceedings held against him that may land him in prison as available through the Charter. The next Board of Ethics meeting is July 27 (see calendar), please have your complaint turned in through Free Detroit by Monday July 23rd. Your complaint needs to be notarized and we would like to know how many are being turned in. Contact: 313-444-0061 or info@freedetroit.org for assistance or to help in the process.

Written by: Stephen Boyle.
Please REBLOG and SHARE. Stop the Rape of Detroit by the Mayor, his cronies, and the State of Michigan (Governor and State Treasurer). RESIST - We Do Not Consent!

Thanks to: Public Enemy [video credit: Can’t Truss It (by PublicEnemyVEVO)].

Repeal PA4 Protests NOW

From Stand Up For Democracy

Join us on Wednesday, June 20 at noon at Cadillac Place located at 3020 W. Grand Boulevard in Detroit as the attorneys representing Stand Up For Democracy file a motion with the Michigan Court of Appeals to compel the Board of Canvassers to certify the petitions within seven days. 

We must stop the stall tactics. We urge you also to call Michigan Secretary of State Ruth Johnson at 517-373-2520 or 888-SOS-MICH (767-6424). Tell her to comply with the law and place the issue on the ballot. You can also tweet her at www.twitter.com/MichSOS and Facebook at www.facebook.com/MichiganSOS.

Time is critical for Detroit 

Mayor Bing has certain powers granted through the Financial Stability Agreement (similar to that of an Emergency Manager) which allow him to cancel or specify the terms of union contracts. 80% of the City of Detroit union contracts have a renewal date of July 1, 2012. If the Consent Agreement remains in force then Mayor Bing will commence to bust the unions and take concessions that he feels appropriate.

How can this be stopped? The order to the Board of Canvassers by the Court of Appeals to place the Repeal of Public Act 4 on the Nov 6 ballot must be enacted before July 1. When the order is enacted the legitimacy of Public Act 4 in placing Emergency Managers around the state will have been SUSPENDED and put to a vote of the people.

Opposition will come from Citizens for Fiscal Responsibility as promised by Bob Lebrand. The group has indicated they are filing a stay on the court order in an attempt to take "font gate" to the Michigan Supreme Court. If the stay on the order is accepted that places the order in a 42 day waiting period to hear from the Supreme Court. Thus a stay would enable Mayor Bing to commence with slaughtering city worker union contracts since it would delay the suspension of Public Act 4 powers past the July 1st contract renewal date.

CALL FOR ACTION JUNE 27 

Photo: Stephen Boyle "Fuzzytek"

Free Detroit is calling for a PEOPLE'S FORUM / RALLY on Wednesday June 27, 2012 at 5:00pm to take place at the Labor Monument in Hart Plaza which is visible from Jefferson and stands diagonal across Jefferson & Woodward from the Coleman A Young Municipal Center (CAYMC). The date and time is critical - Mayor Bing will be holding his Community Meeting from 7:00-8:30pm in the Erma Henderson Auditorium of the CAYMC on the 13th floor, as a Charter mandated session.

We invite everyone to the People's Forum to discuss the various issues encountered at this time by the people of Detroit. Speakers will be arranged from various organizations to address topics such as:

• Corporation Counsel and the Board of Ethics - get to know the City Charter
• Housing As A Human Right
• Ethics Complaints - what is it and how to file one or more
• Department of Transportation
• Department of Public Lighting
• Parks and Recreation - future of festivals, Belle Isle and other parks
• Public Schools, Charter Schools and Youth Programs
• Public Libraries
• Health and Safety, including the Department of Human Services
• and more...

The intent is to have stakeholders and the public hold discussion on the topics that matter to the residents and visitors to Detroit. We wish to prepare an educated public to enter the Mayor's meeting, ready to ask him about the concerns we all share. Lets talk about solutions, and not forget that legal action may be needed.

The FAB 9 and Dynamic Duo

Meet the Financial Advisory Board, CFO, and PMD that have taken control of the City of Detroit through the Financial Stability Agreement (Consent Agreement). Their first meeting was on June 15, 2012 as the final members were appointed.

Name	Age	Hometown	Appointed by	Experience	Education
Program Management Director
William "Kriss" Andrews	60	Novi	Gov. Rick Snyder and Detroit Mayor Dave Bing were to agree to a list of candidates for the post. Bing made the final selection.	Executive vice president and chief financial officer for the Auburn Hills-based Energy Conversion Devices. Formerly worked at the Southfield-based global business advisory firm BBK as senior managing director and co-leader of the North American automotive practice.	Bachelor's degree in accounting from Bradley University; MBA in finance and managerial economics from Northwestern University
What he said			"We know there are easier jobs in the world. There are easier ways to make a living. But it was challenging, and I thought I had a background where I could contribute greatly, so I decided to do it."
What others say			"Kriss' reputation as a certified turnaround manager is well-documented. I welcome him to the team and appreciate his commitment to assist in fiscally stabilizing our city." -- Bing
Chief Financial Officer
Jack Martin	71	Bloomfield Hills	Mayor Dave Bing	A certified public accountant and founder and chairman of Martin, Arrington, Desai & Meyers. Former Highland Park Public Schools emergency manager. Served as chief financial officer of the U.S. Department of Education and as chairman of the board and acting CEO of Home Federal Savings Bank of Detroit.	Bachelor's of science and MBA from Wayne State University
What he said			"While most of the discussion regarding the financial stability agreement focuses on deficit elimination, equal concern and work must focus on fixing the quality-of-life issues which are causing citizens to leave the city of Detroit."
What others say			"He brings critical expertise to my administration as we work to fiscally right the city." -- Bing
Financial Advisory Board
Robert Bowman	57	Harbor Springs	Governor Snyder and Mayor Dave Bing	President and CEO of Major League Baseball Advanced Media and a former state treasurer. President of the Michigan Education Trust, the nation's first prepaid college tuition program.	Bachelor's degree from Harvard University; MBA from the Wharton School at the University of Pennsylvania.
What he said			"I've worked in the public sector for 10-12 years, at every level, with hardworking, talented public employees. ... That said, it doesn't happen by magic, and it doesn't happen overnight. It takes a lot of hard work."
What others say			"These ... appointments set the tone for the caliber of people and the type of collaboration that is essential to the transformation of Detroit." -- Bing
Darrell Burks	55	Franklin	Governor Snyder	Senior partner at Price Waterhouse Coopers	Bachelor's degree from Indiana University
What he said			"The challenge is great, but it's not impossible, and we look forward to, in essence, grow the city of Detroit back to where it was in the '60s and '70s."
What others say			"I am pleased that we have been able to call on such uniquely talented individuals." -- Snyder
Ronald Goldsberry	69	Bloomfield Hills	Governor Snyder	Auto consultant for Deloitte Consulting. He was a vice president of global service business strategy for Ford and second African-American vice president in Ford history.
What he said			"I have a lot of experience with restructuring and complex financial issues. I've served in the community. I'm committed to the community. I understand the services that need to be provided."
What others say			"Ron Goldsberry is committed to a strong, revitalized Detroit. The reinvention of Michigan depends on it, and his participation will be beneficial" -- Snyder
Mary Beth Kuderik	52	Birmingham	City Council	Chief financial officer of the UAW Retiree Medical Benefits Trust
What he said			"I really believe strongly in the city of Detroit and the assets that it has."
What others say			"She has the one expertise that I believe will help the most: She not only designed and implemented the VEBA for the UAW and General Motors, but she was hired by (UAW chief) Bob King, who supports her being on this committee, by the way, and I just think that expertise in coming to help restructure health care is tremendous." -- Council President Pro Tem Gary Brown
W. Howard Morris	53	Detroit	City Council	President and chief investment officer for Prairie & Tireman investment firm	Bachelor's degree from Northwood University, MBA from the Wharton School at the University of Pennsylvania
What he said			"I have a vested interest this city. This is what I've been trained to do. I'm a financial guy. That's what this board is for. As far as the public stuff, I'm willing to withstand the potshots that come along with that."
What others say			"He has great credentials. He's a Detroiter. He's an African American. He graduated from the Wharton School. He's the most known of the 21 candidates we talked to. He's going to be a fine and outstanding candidate on this board." -- Brown
Eddie Munson	61	Rochester Hills	Mayor Bing	A certified public accountant and former partner at the auditing, tax and advisory company KPMG	Bachelor's degree from Jackson State University
What he said
What others say			"He's extremely knowledgeable, very focused. ... He's very committed to the community. He's got great financial background. He asks pointed questions in a reasonable way. That seems like the kind of person you need in this situation." -- Beth Ardisana, CEO of ASG Renaissance in Dearborn, and fellow board member of the Skillman Foundation
Sandra Pierce	54	Northville	Mayor Bing	President and CEO of Charter One Bank of Michigan	Bachelor's degree in business administration and MBA in finance from Wayne State University
What he said			"I think every one of the nine members on this committee are as critical as me, but someone needs to coordinate with the city and the state to get us together and on the agenda. I view my role as a coordination role."
What others say			"What you see is what you get. She doesn't live her life in a box. She is authentic, and she loves to have a good time." -- Shirley Stancato, CEO and president of New Detroit
Glenda Price	72	Detroit	Governor Snyder	Former president of Marygrove College and past provost at Spelman College in Atlanta	Bachelor's degree in medical technology, a master's in educational media and a doctorate in educational psychology from Temple University
What he said			"If there is anything that is too difficult for us to tackle, then we're the wrong people. What we must do is to understand that our responsibility is to address all of the issues that are identified ... and do the best that we can to put the city on the right path for future growth and development."
What others say			"Glenda Price shares our belief that a strong, financially viable Detroit is essential to Michigan's economic reinvention and success." -- Snyder
Ken Whipple	77	Bloomfield Hills	State Treasurer Andy Dillon	Former CEO of CMS Energy	Massachusetts Institute of Technology
What he said			"The agenda is pretty well set in terms of the things that need to be done. Our job is to try to provide what expertise and leverage we can to accelerate that agenda."
What others say			"He's a true gentleman, and he's got a great ability to analyze a problem and then develop a plan of action to address it." -- Jeff Holyfield, a spokesman for CMS Energy

This entire process had absolutely no public approval, met a lot of public resistance, and as such is a complete fall-out of the Law as given through the City Charter. You'll hear from the State of Michigan that our elected officials voted in favor of handing over the city and abdicating their responsibilities. Several City Council members will say they did what they felt was best for Detroit - that would make their choice a vote against their constituents.

We have moved into taxation without adequate representation. We encourage you to fill out an Ethics Complaint, have it notarized and turned in to the Board of Ethics.

Note the contents of the table above are from the The Detroit Free Press, June 16, 2012. Our display is shown as a table. Additional commentary has been added in italics.

No Future When Ruled

There will be a protest today at 4pm outside the US Bank office in Detroit within the Buhl Building. We need to educate the public on how the Financial Stability Agreement (FSA) changes government for Detroit.

A Dim Future

Opinion by Stephen Boyle

Services to the city are being sold off to outside Detroit corporations, the dismantling of assets and removal of access will become more rapid. The banks are in control with corporation and governments meeting with them behind closed doors.

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

A Day of Justice is Dawning for Detroit

The people of Detroit are requested to stand up for our rights given by law. Please attend a very fateful date of meetings on Monday, June 11, 2012 beginning early in the morning - we suggest 7:30 am arrival. Protest pickets are very welcome as we hope the meeting room will be overflowing. We will be requesting the meeting moved into the Erma Henderson Auditorium, but experience has shown the will of the people has not been served.

Corporation Counsel, Attorney Krystal Crittendon, is standing firm with a lawsuit from the City of Detroit against the State of Michigan stating the  Financial Stability Agreement is illegitimate. She faces opposition by the Governor of the State of Michigan, State Treasurer, Mayor Bing, members of Detroit City Council, and City of Detroit appointees of the mayor.

Free Detroit - No Consent has been working all day on a plan of action in support of Corporation Counsel and the law written in the Detroit City Charter. The practice of law in governing the City of Detroit is paramount. Your support in seeing this through is needed.

City Council, Mayor Bing, and appointees meet with Corporation Counsel Krystal Crittendon Coleman A Young Municipal Building 2 Woodward Ave, 13th floor, Detroit (enter from Larned or Woodward) Be there by 7:30am, pack the meeting room - insist on the auditorium Know the Law - Know the City Charter

Please share information about this event with every concerned Detroiter you know. Days of Justice for the City of Detroit are dawning Monday.

Wednesday Corporation Counsel will be in Ingham County Court for The City of Detroit vs The State of Michigan - the battle to prove the Financial Stability Agreement null and void is on.

[Facebook event link]

NOTE: A new page for the website "Ethics Guide" is being assembled as quickly as we can make it happen.