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Topic: Is Genesee County making new recall rules?

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untanglingwebs
El Supremo

Recall language to remove Flint Mayor Karen Weaver rejected a second time
Karen Weaver Conference of Mayors Press Conference 006

Jiquanda Johnson | jjohns16@mlive.com By Jiquanda Johnson | jjohns16@mlive.com

on December 28, 2016 at 4:00 PM, updated December 29, 2016 at 4:11 PM

FLINT, MI -- An attempt to remove Flint Mayor Karen Weaver was thwarted again when a three-person board said they could not approve his recall language.

The Genesee County Election Commission voted Wednesday, Dec. 28, to reject language submitted by Flint resident Alex Harris to recall Weaver.

In less than 10 minutes, the Election Commission, comprised of County Treasurer Deb Cherry, Genesee County Clerk John Gleason and Chief Probate Judge Jennie Barkey, voted to reject the language.

The commission said Harris could not prove that Weaver awarded Rizzo Environmental Services a contract without the approval of the council.

"I believe the statement stands on its own," Harris told the commission during the hearing. "It's factually indisputable."

Harris presented a contract between city of Flint and Rizzo Environmental Services and an October press release statement from City Council President Kerry Nelson saying the council did not support the hiring of Rizzo Environmental Services.

The documentation was not enough to gain the commission's support.

Barkey said Harris failed to file an affidavit supporting the authenticity of the evidence he presented, adding there was no proof submitted to the commission supporting the recall language.

"I make a motion that we reject the language ... for not being factual," said Barkey. "You have not established that it is true."

The language rejected on Dec. 28 said Weaver should be removed from office for abusing her position and misappropriating of taxpayer money, specifically by awarding a garbage contract to Rizzo Environmental Services without knowledge or consent of Flint City Council and by paying $4,500 to City Councilman Eric Mays to settle a damage claim without knowledge or consent of the council.

Mays filed the claim and it was granted through the City of Flint's legal department.


A Flint city council member received a $4,500 payment from the city after he was removed by police from a council meeting during a discussion over the city's contentious garbage contract.

This was Harris' third attempt to remove Weaver. He submitted recall language in November. The commission rejected that language on Nov. 29, a day after Harris asked the Flint City Council to help remove Weaver from office by declaring a forfeiture of office.

The city's charter states "city council shall declare the forfeiture of the office of any elective officer or appointee and may remove for cause any person appointed to an office for a fixed term."

Council members bucked the request, saying the decision should be left up to the residents to remove Weaver.

Harris' first language said Weaver used Flint police officers as her personal bodyguards and she neglected to pay her water bill.

The courtroom was packed with a number of local pastors and community activists who supported Weaver's run for the mayor's seat against Dayne Walling.
Weaver, who was at the hearing, thanked people for their support as she left court on Wednesday, but she declined to comment on Harris' recall efforts.
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alexharris
3 hours ago

I regret it's taken this long to respond, been out of town until late this evening. FOR THE RECORD, THE LANGUAGE I SUBMITTED WAS ABSOLUTELY CLEAR, SUCCINCT, AND FACTUALLY INDISPUTABLE. The esteemed Judge Barkey, operating in the theatre of the absurd, claimed " that there was no proof the Flint City Council DID NOT approve a garbage contract with Rizzo Environmental." Judge Barkey is an utter fool and a complete embarrassment to the judicial process. Only someone from our community living under a rock for the last six months could make such a preposterous assertion involving the long, protracted battle involving Flint's garbage contract. Ironically, despite this Alice in Wonderland alternative reality that Barkey & Co. exist in, I came to this Kangaroo Court with more than ample evidence involving both the Rizzo issue, as well as the smarmy taxpayer funded payoff to Eric Mays. Both actions violated specific provisions of City Charter. Regarding the illegal Rizzo deal, I had irrefutable proof of clear violations of City law, specifically -- FLINT'S PURCHASING ORD. # 3865. * ULTIMATELY, I WAS CONFRONTED WITH A TRIUMVIRATE OF THE DEAF, DUMB, AND BLIND AS REPRESENTED BY JUDGE BARKEY, JOHN GLEASON, AND DEB CHERRY. Barkey, aided & abetted by Cherry & Gleason have subverted, and effective perverted the State Recall law. It's blatantly clear these 3 blind mice have no interest in truth, fact, fairness, or even the pretense of impartiality or objectivity. MY FRIENDS, I DON'T SUFFER FOOLS GLADLY, AND WITH BARKEY, GLEASON & CHERRY YOU HAVE THE ULTIMATE PORTRAIT OF THAT VERY THING. A.H.


Last edited by untanglingwebs on Sat Dec 31, 2016 1:10 pm; edited 3 times in total
Post Fri Dec 30, 2016 8:30 am 
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untanglingwebs
El Supremo

A Recall is an election according to Michigan Campaign rules. So is the State or the local government wrong in not establishing criteria to establish factual that is available to those wishing to file a recall? That information needs to be available, either in writing at the County Clerk's elections office or on-line from the Secretary of State Elections Division. Why didn't the committee tell Harris what constituted factual.



There appears to be a backlash over the Judge's demands that Harris have an affidavit (signed by a notary, of course), to prove factual Some have suggested certified City Council minutes, and Flint Clerk's office certified contract copies. Will the Flint Clerk's office have to have a stamp like the "true Copy" of the Courts?
Post Fri Dec 30, 2016 8:49 am 
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untanglingwebs
El Supremo

chapter 18 recall process - State of Michigan
www.michigan.gov/documents/sos/June_2011_Clerk_Accre...

Michigan election law stipulates that a recall petition shall not be filed against ... CLARITY/FACTUAL REVIEW: Michigan election law requires the Board of State ...
Recall of Local Election Officers - Summary of ... - State of ...
www.michigan.gov/documents/sos/Recal_Summary_for_Cou...

elections. County Clerks should exercise caution in advising recall petition ... * Each reason for recall must be factual and clear, and must be based on the ...
MICHIGAN ELECTION LAW (EXCERPT) Act 116 of 1954 CHAPTER ...
www.legislature.mi.gov/(S(k0ovva455zfl3c455zmzgie2))...
Post Sat Dec 31, 2016 12:48 pm 
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untanglingwebs
El Supremo

None of the documents I found, including the manual for the Secretary of State Election Division on Recalls, state what documentation is needed to prove something is factual.

It appears Genesee County may be making their own rules. I am not advocating for a recall, but Mays should contact the Secretary of State for guidance or appeal to Circuit Court.
Post Sat Dec 31, 2016 1:07 pm 
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