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FlintConservative
F L I N T O I D
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Ombudsman calls for censure of Sims
Posted by Ken Palmer | The Flint Journal January 04, 2008 22:11PM
Categories: Flint
FLINT -- City Ombudsman Brenda L. Purifoy says Council President Carolyn Sims should be censured for violating election rules during the 2005 Council election campaign and for disregarding the City Charter during the ombudsman's investigation.
In a report released Friday, Purifoy said she substantiated a complaint by election challenger Bennie Spence that a member of Sims' campaign staff mishandled absentee voter applications.
One of the applications belonged to a woman who ultimately was denied the right to vote, Purifoy said in the report.
The ombudsman recommended her findings be forwarded to the City Clerk's Office, the Flint Election Committee Commission and the state elections bureau "for full investigation of this matter and to take appropriate legal action against those involved.
"Additionally, Councilwoman Carolyn Sims should be censured for her actions and those of her campaign staff in violating the law, violating the City Charter, her lack of respect for the City Charter and for the resultant denial of a citizen's right to vote," Purifoy said.
Sims said she hadn't read the findings in detail but called Purifoy's conclusions "absurd."
Various other agencies, including the city and county clerk's offices and the state police, already have examined the allegations, she said.
"I would hope ... she referred it to the proper agency and let them deal with it," said Sims, who represents the 5th Ward.
Sims declined to respond to the specific findings in the report.
"I did not take time to read it," she said. "Let's see the voters of this city make their own determination."
Spence alleged that a member of Sims' campaign staff, John Bates Jr., solicited and improperly collected 25 to 30 absentee ballot applications at the River Village senior citizen complex. He also said some residents never received their applications.
Smith's complaint was first sent to the Genesee County Clerk's Office in early 2006 and forwarded to the county prosecutor's office and the sheriff's department, which conducted interviews, the report said.
He forwarded his complaint to the ombudsman's office in November.
One voter who received an absentee voter application from Bates never received an absentee ballot after indicating she was not a Sims supporter, the ombudsman said.
The woman claimed she tried to vote at her polling place but was turned away because she had applied for an absentee ballot.
Sims is responsible for violations made by their campaign workers, Purifoy said.
She also said Sims refused to cooperate with her investigation and improperly disclosed confidential information from the investigation during a public meeting.
"Councilwoman Sims did not cooperate, thereby depriving the citizens ... (of) information they have a right to know and furthering the appearance of questionable activity during her campaign," Purifoy said.
http://blog.mlive.com/flintjournal/newsnow/2008/01/ombudsman_calls_for_censure_of.html
ok...so when has any Flint politician cared about the law or the City Charter (unless, of course, it benefited them). |
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Sat Jan 05, 2008 9:37 am |
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last time here
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exactly what does "censure" entail??
does that mean simply that sims admits wrongdoing?  |
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Sat Jan 05, 2008 2:04 pm |
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Steve Myers
Site Admin
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quote:
last time here schreef:
exactly what does "censure" entail??
does that mean simply that sims admits wrongdoing?
A verbal tongue lashing, giving by the Mayor??
Whatever it means she isn't gonna do it, I guarantee it!
Ms Sims is a female version of Johnny Coleman. |
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Steve Myers |
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Sat Jan 05, 2008 2:41 pm |
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last time here
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Sat Jan 05, 2008 3:04 pm |
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Dave Starr
F L I N T O I D
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quote:
last time here schreef:
exactly what does "censure" entail??
does that mean simply that sims admits wrongdoing?
"That was bad. Don't do it again"
Sometimes followed by a light tap on the wrist. |
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I used to care, but I take a pill for that now.
Pushing buttons sure can be fun.
When a lion wants to go somewhere, he doesn’t worry about how many hyenas are in the way.
Paddle faster, I hear banjos. |
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Sat Jan 05, 2008 6:12 pm |
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FlintConservative
F L I N T O I D
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quote:
Dave Starr schreef:
quote:
last time here schreef:
exactly what does "censure" entail??
does that mean simply that sims admits wrongdoing?
"That was bad. Don't do it again"
Sometimes followed by a light tap on the wrist.
Oooh..skip the light tap on the wrist. I think that's battery.
And I don't think anyone actually says, to her face, in public: "That was bad. Don't do it again." |
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Sat Jan 05, 2008 7:13 pm |
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last time here
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doesn't make much sense to me..
whats the point??   |
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Sat Jan 05, 2008 7:33 pm |
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FlintConservative
F L I N T O I D
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Sat Jan 05, 2008 8:54 pm |
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last time here
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| i got it FC. the mayor can make her run 6 laps around city hall!!!!! |
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Sun Jan 06, 2008 9:50 pm |
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Dave Starr
F L I N T O I D
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| Calling channel 12, channel 5, channel 25, channel 66!! |
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I used to care, but I take a pill for that now.
Pushing buttons sure can be fun.
When a lion wants to go somewhere, he doesn’t worry about how many hyenas are in the way.
Paddle faster, I hear banjos. |
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Mon Jan 07, 2008 8:25 am |
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00SL2
F L I N T O I D
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This is not to defend Carolyn Sims' attitude or behavior in this matter but to question the jurisdiction of the Flint City Ombudsman to pursue an investigation into allegations about campaign violations--particularly if "various other agencies, including the city and county clerk's office and the state police, have already examined the allegations" as Sims claims. If the allegations of election challenger Bennie Spence were substantiated it seems the appropriate agency would already have taken action against the party responsible.
If the Ombudsman does have jurisdiction to investigate campaign violations, and if Carolyn Sims is guilty of failure to cooperate with the Ombudsman in that investigation, then according to § 3-510 of the Flint City Charter "the office of the elected official (Sims) may be forfeited."
On the other hand, if the Ombudsman does not have jurisdiction and her investigation is improper, wouldn't it have been more appropriate for Sims to have had her attorney send a letter to the Ombudsman citing legal authority and respectfully declining to have Sims participate and suggest the Ombudsman refer the allegations to the appropriate agency for investigation (with cc of that letter to the appropriate agency)?
The people of the City of Flint are entitled to know facts, and to know the appropriate investigation was performed and concluded, and the results. The story appearing in The Flint Journal leaves unanswered: (1) Did Carolyn Sims do something wrong or permit someone campaigning for her to do something wrong, or was she even aware of the actions of the person who allegedly performed the action? (2) Is the Flint City Ombudsman performing her duties as required by the Flint City Charter? The story in The Flint Journal leaves an unfair (and stale) cloud over city hall which should be rectified as soon as possible.
Under Jurisdiction of the Ombudsman the Flint City Charter states: "The Ombudsman may investigate official acts of any AGENCY which aggrieve any person. The authority of the Ombudsman extends equally to all AGENCIES." Paragraph A, § 3-504 Flint City Charter.
Carolyn Sims, City Council Member (now also President), is not an agency.
Under the Ombudsman's powers of investigation the
Ombudsman shall apply to the appropriate court to enforce a subpoena or order for production of evidence or to impose any penalty prescribed for failure to obey a subpoena or order of the Ombudsman.
§ 3-505 Flint City Charter.
The Flint Journal does not state whether Ombudsman issued subpoena, or followed this procedure. If Ombudsman had powers of investigation and Sims refused to cooperate in that investigation, then she should have enforced a subpoena as provided for here.
If the Ombudsman has
probable cause to believe that any elective officer,
appointee, employee, or member of an agency, or any person doing or seeking to do business with an agency
has committed or is committing any illegal act, the Ombudsman shall promptly refer the matter to the appropriate authorities.
§ 3-510 Flint City Charter.
If Ombudsman had jurisdiction to perform an investigation in this matter, then she appears to be following the proper course by referring to proper authorities. If Ombudsman doesn't have jurisdiction she should have referred to proper agency before getting involved at all.
The office of position of any elective officer
or appointee
who willfully and without justification or excuse obstructs any investigation of the Ombudsman by withholding documents or testimony may be forfeited.
§ 3-510 Flint City Charter.
Did Sims improperly obstruct a "legal" investigation by the Ombudsman? If so, there appears to be a problem with Ms. Sims continuing to serve on City Council. If not, then the Ombudsman should issue a personal apology to Ms. Sims and a public apology to the City of Flint for failure to follow proper procedures.
[Edited to change "properly" to "improperly" in last paragraph.]
Last edited by 00SL2 on Tue Jan 08, 2008 8:36 pm; edited 1 time in total |
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Mon Jan 07, 2008 10:40 pm |
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last time here
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well... if this matter must go further, then perhaps ms.sims needs to
produce documentation substantiating the other agencies did in fact
investigate. seems to me (ole'ignorant me) the balls in her court?
she can nip this in the bud before it becomes dastardly!!  |
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Tue Jan 08, 2008 12:31 am |
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00SL2
F L I N T O I D
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| Who is responsible for determining whether the Ombudsman has acted within her jurisdiction? The city council? Terry, can you answer this for us? |
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Tue Jan 08, 2008 12:49 am |
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