Council member Kenyatta (video)

A special broadcast from Kwame Kenyatta regarding current times and issues in the City of Detroit.

• City Council
• Hantz Woodlands 
• Miller Canfield Contract
• Next steps - empowering each other
• Working with ALL the people - bringing something to the table

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.

Immediate Involvement Required

The attendance of City of Detroit residents and concerned was impressive on Tuesday, November 20.

At the last scheduled City Council meeting of 2012 the views expressed and information shared with City Council helped shape how the votes were made during that session. We hate to say it but the issues we're facing keep resurfacing like a Return of the Return of Dawn of the Living Dead. Your city needs your continued vigilance during this most holy season.

The State of Michigan and powers that would rather Detroiters just shut up and take their ill-fated medicine keep injecting that questionable life into the issues. We have to continue to stand together united.

Tuesday, December 4 - 9:55 am at CAYMC, 13th Floor

Detroit City Council meets to rescind their scheduled break until January 8 with three meetings of City Council of the Whole. The first meeting to take place at 10:00 am to work on Budget Deficit issues. This can and will include coercion to re-vote any issue previously voted, such as NO on Miller Canfield contracts, NO on DDOT contracts, NO on the EMA contract with DWSD, and stopping the Milestone Agreement from approval. 

Portion of map available at
Opening Of Detroit website

Monday, December 10 - 6:00 pm at East Lake Baptist Church, 12400 E Jefferson at Connor 

Public Hearing in the community regarding Hantz Woodlands (a subdivision of the conglomerate Hantz Group, originally known as Hantz Farms) acquisition of over 1,500 parcels of land [map] with the option to purchase surrounding land within 1 mile. This Land Grab is the largest speculation in Michigan history. Development plans have not clearly identified working with the community in the best interest of the residents in the areas impacted. The extended area of impact is from the Dequindre Cut, north of Warren, east to Grosse Pointe, and south to the Detroit River. Read much more depth through these references:

• Opening Of Detroit - commentaries, map of land use topics around Detroit, and more
• Be Black And Green
• Hantz Questions, The Michigan Citizen Nov 20, 2012 

Tuesday, December 11 - 10:00 am at CAYMC, 13th Floor

Final City Council of the Whole meeting during which Hantz Group arrangement will be pressed to a vote. Likely if any issue has not yet been pressed to the will of those that would dissolve Detroit it will be brought into the meeting again.

More Details On Critical Topics  

Links to posts regarding critical topics of discussion on the Free Detroit website, find these as a cloud on the website's sidebar.

• DWSD take over
• Hantz Farms /. Woodlands
• Miller Canfield Paddock & Stone, LLC 
• Public Lighting
• Detroit Public Schools

Mayor Bing Fails to Show for Special City Council Session He Called

Reported by Stephen Boyle

Monday November 26th City Council was called upon to meet with Mayor Dave Bing, at the Mayor's request. However at 12:03 pm the Mayor pulled air time with WXYZ tv to announce a close friend was sick and required a visit during the appointed time for the meeting, Mayor Bing sent Kirk Lews, Chief of Staff to act as Deputy Mayor before City Council regarding a requested re-vote on the Miller Canfield contract.

City Council found there were numerous improprieties in the manner of the Mayor calling this meeting.

1. According to Mayor Bing's liaison to City Council Adam Hollier notice was posted in 3 locations around Coleman A Young Municipal Center after 5pm on November 21st. This provides insufficient notice during the holiday weekend with offices closed Thursday and Friday. In effect notice would be seen when arriving at work Monday. Open Meetings Act requires notice posted 18 hours in advance.
2. Mayor Bing sent an appointee as Deputy Mayor Kirk Lewis to the meeting with all nine elected City Council officials present. As an elected official he should have been present personally as the person who called the meeting.
3. The issues to be discussed were voted on November 20th and results are final.

Issues to have been Discussed

Miller Canfield Contract Supplanting Corporation Counsel

A Miller Canfield Paddock and Stone, P.L.C. contract to manage legal matters for the Reform Agenda of the Financial Stability Agreement was DENIED on November 20th. This was the first Miller Canfield contract presented to City Council after over nine months of council and the public demanding contract to be presented. 

FINANCE DEPARTMENT/PURCHASING DIVISION

Jones, reso. autho. Contract No. 2870456 – 100% City Funding – The engagement is to provide legal advice and litigation representation pertaining to implementing the City’s ongoing restructuring as contemplated in the Financial Stability Agreement among the City, the Michigan Department of Treasury, and the Review Team for the City of Detroit (“FSA). – Miller Canfield Paddock & Stone PLC, 150 West Jefferson, Suite 2500, Detroit, MI 48226 – Contract Period: August 1, 2012 through June 30, 2014 – Contract Amount Not to Exceed: $300,000.00.    (Hourly Rate has been changed from $350.00 per hour to $275.00 per hour)  (Contract period has been changed start date changed from January 1, 2012 to August 1, 2012, end date changed from December 31, 2015 to June 30, 2014.)    MAYOR’S OFFICE

This agenda item was discussed on November 14th at the Internal Operations Standing Committee. Program Management Director Kriss Andrews was present to answer questions regarding the contract.

The approval of the Miller Canfield contract was a key milestone on the Milestone Agreement, due by November 30th. City Council members have claimed the Mayor is using extortion to push through an agenda. Today's rush meeting would certainly be defined as coercion, even with the multiple failures that it met.

The city is facing a law firm considered a formidable opponent, that has 109 lawyers on the Super Lawyers list. Miller Canfield worked with Governor Rick Snyder to put tooth into the 2011 Emergency Manager Law, Public Act 4 - enabling it to alter corporate structure of municipalities and alter union contracts without negotiation. 

On March 21, 2011 Governor Snyder issued a Special Letter to Michigan Legislators with his plans on use of the newly passed Emergency Manager Law. Within these plans the dismantling of city and county services is explained as the path toward creating metropolitan governments which would assume those services. Bills in the Senate and House were introduced November 8, 2011 to establish the Metropolitan Area Metropolitan Authority (MAMA) Act.The problem with this approach is how effective a broad reach would be in addressing specific needs within local communities. Local communities can push local issues forward that may not be present across an entire metropolitan area - servicing those needs is a matter of regional oversight, not outright control of local government.

Emergency Managers have been being trained through Turnaround Management Association. Kriss Andrews is one of their Certified Turnaround Professional (CTP) graduates. Jack Martin found favor through his track record as indicated by Mlive when he was appointed Emergency Manager over Highland Park Public Schools.

Pension Obligations

One additional item on the schedule, total of two items for the meeting.

BUDGET DEPARTMENT
Cockrel, Jr. reso. autho. To amend the FY 2012-13 Budget to address costs in excess of budget for FY 2011-12 UAAL pension obligations.

I believe this came forward from a document Free Detroit unearthed from a June 2012 study done by Foster McCollum White & Associates titled "17 point draft plan to re-align Detroit's fiscal and operational structure". This document is well worth reading, and points from the document will be in our next post. It details the dismantling of departments, reallocation of funds and more in a quick 8 page guide. The document can also be downloaded from the Public Documents library on our website.

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?

Endurance Finally Heard

Opinion by Stephen Boyle

photo: Stephen Boyle

The last meeting of City Council of the Whole on November 20, 2012 was full of drama and required fortitude. Over 3 hours of public comments lead the meeting. The meeting room was full of concerned people, the overflow room was full, and the hallway with the elevators was full as well. It was full enough that people were arriving, looking at the situation and turning away or leaving after waiting an hour or two.

The Erma Henderson Auditorium has been used in the past both for the meeting itself (although very rarely recently), and as an overflow area with a screen and audio from inside the meeting room. This time however the room had been booked for the Zoning Board of Appeals, and for a Michigan Adoptive Services event. These were held back to back through the entire morning.

Personally I traveled by bus to the meeting and arrived shortly after 10 am and mingled in the line of those waiting to be heard. I didn't have the equipment I was to use prepared, coming in with a cell phone with a 10% battery charge was my biggest concern. When I can I open up a live video stream of what is happening through the Occupy Detroit channel so those not present can watch from my perspective. There is an official feed from City Council meetings, but it sometimes isn't running at crucial times so it is good to document when possible. I knew with the low battery and situations of the day I'd have problems all day and never catch up with a good charge of the battery.

PMD Kriss Andrews steering the "Reform Agenda"
left in disgust as Council
voted 8-1 to dismiss Miller Canfield contract

Cecily distributed pins the day before and at the meeting to wear as visual protest to some of the critical issues brought to the meeting:

• No EMA - a management consulting group is working through the Root Cause Committee and targeting the elimination of 80% of Detroit Waste and Sewage Department.
• No Miller Canfield - the Milestone Agreement is calling for Miller Canfield to be legal counsel to the Reform Agenda put forward through the Consent Agreement. Free Detroit No Consent has taken the stance that agreement is void based on position of Detroit's Corporation Counsel Krystal Crittendon. We also feel there is a problem when the law firm has written Public Act 4, litigated the law in the courts, and is sought to replace the City Corporation Counsel. 
• No Ernst & Young - the Milestone Agreement requires a process flow consulting firm. Ernst & Young has been used by city administration in preferred manner during the Consent Agreement. It is believed that more options with an open bid contract would be a smarter direction and to reduce preference for existing providers if in fact a Reform Agenda is truly intended. {correction: the vote was YES}

As I saw people with pins leaving the meeting I asked them if we could circulate those pins into the room on people who had not yet spoke. There were some sad faces, but they knew the fight and allowed the pins to go in with new people. This is how people work on a unified fight offering the best to a WE conversation.

Miller Canfield Letters of Engagement ... coming soon?

Today at City Council's Standing Committee for Internal Affairs the issue of identifying the manner in which Miller Canfield Paddock Stone, PLC is being paid for services.

This issue was brought forward from the Internal Affairs Standing Committee agenda from July 11. The representative from the Mayor's administration indicated CFO Jack Martin is gathering up the various letters of engagement that have been filed. The promise is these will be produced by next week.

Our representative from Free Detroit No Consent questioned how letters of engagement were being created. Were these through Miller Canfield? If so, they are not Corporation Counsel, which is the approving body granting the ability to represent the City.

When people in government are not performing in an ethical manner, file a complaint. Depending on the seriousness of the problem those named could be fined, removed from office, and possibly face judicial prosecution.

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)].