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untanglingwebs
El Supremo
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1stsito 1 hour ago
What does a D have to do with this article wayover50?
This issue is about the inability of a man to recognize a countywide elected official was elected to do her job and it does not include having to run everything through the county board of commissioners for permission. Her job has responsibilities spelled out in state law. Instead of the county board following Jamie Curtis into spending money on attorney's and legal fees, maybe they should have sat down and talked to the Treasurer. My understanding is she was willing to work with them and compromise - but not roll over and let them dictate to her. Yes, economic times are tough on local revenue for counties, townships, cities, etc. That means you figure out a way to work together - not spend more money to sue a county wide elected official because she doesn't let you run her office. I think one of the big questions really relates to gender. Curtis would have never done this when the Treasurer was a man. Of course, he refers to women who disagree with him as 'that little girl'. Not sure his sexism won't lead to other lawsuits.
DavisonVoter 12 hours ago
Once again Jamie Curtis has proven that he is the wrong person to lead the county board. This is not the first time that his decisions have cost the county time and money that could have been spent in other places.
wayover50 8 hours ago
@DavisonVoter .... Amazing isn't it. Genesee County voters overwhelmingly keep electing anybody with a "D" after their name on the ballot going back decades with the same crap results each time and then complain about i |
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Fri May 09, 2014 7:48 am |
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untanglingwebs
El Supremo
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County commissioners need to learn to "stay in their own lane". County commissioners are elected to represent one of nine districts. Other county officials are elected on a county level and their duties are defined.
The county commissioners think they can control every office and that is simply not true. They are not allowing elected officials to fill positions that fulfill statutory obligations for the offices of these elected officials. That is because they use the money saved from not filling these posuitions to balance the budget.
Would more corrections officers reduce the overtime that keeps occurring. maybe they need training on how to efficiently manage the county and there would not be so many deficits.
Are the taxpayers really paying the Controller over $60,000 more than the last controller. All they seem to be doing is letting some units, like GCARD and mental Health, spin off and control their own finances. That means fewer employees in the Controllers office.
Last edited by untanglingwebs on Fri May 16, 2014 3:56 pm; edited 1 time in total |
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Fri May 09, 2014 7:58 am |
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untanglingwebs
El Supremo
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Genesee County Clerk-Register John Gleason files second ...
www.mlive.com/news/flint/index.ssf/2013/09/genesee_county_clerk...
Sep 06, 2013 · Genesee County Clerk-Register John Gleason has sued the county for the second time in 30 days, claiming the Board of Commissioners isn't adequately
** The PDF of the lawsuit can be viewed on the link above.
Genesee County Clerk-Register John Gleason files second lawsuit over funding
Ron Fonger | rfonger1@mlive.com By Ron Fonger | rfonger1@mlive.com
on September 06, 2013 at 7:00 AM, updated September 06, 2013 at 8:19 AM
Read the second lawsuit here: Genesee County lawsuit.pdf
GENESEE COUNTY, MI -- Clerk-Register John Gleason has sued the county for the second time in 30 days, claiming the Board of Commissioners isn't adequately funding the his offices and is breaking the law by using money he collects in fees to balance the general fund budget.
Filed in Genesee Circuit Court, the lawsuit asks Judge Judith Fullerton to prevent commissioners from taking certain funds from Gleason's offices, to rule that the offices have not been properly funded, and to enjoin commissioners from "interfering with the clerk's Web site."
Gleason said he had no choice but to sue the county after commissioners made it impossible for him to do his job and refused to talk out problems that they created.
"It's a very sad day when you can't have a responsible discussion without this going to court," the clerk-register said. "I reached out to to (board Chairman) Jamie Curtis for eight months to come and sit down in our office" to talk about the areas of disagreement.
"They can bring whatever team they want, and I'll bring my staff, and if we can't resolve this in an hour there's something wrong," he said.
Curtis said Gleason has "zero credibility" with commissioners and said "nobody on this board ... can work anything out with John.
"John needs to do some soul searching," he said. "It's not just coming from me, it's coming from everyone on the board."
The trouble between commissioners and the first clerk-register in county history has been brewing almost since the moment Gleason took his oath of office in January.
By Aug. 8, the clerk-register filed a lawsuit, seeking the authority to retain an attorney and have him paid all outstanding fees and fees to be accrued ... "at a rate comparable to the commissioners pays its counsel."
That lawsuit is pending in Washtenaw County after Fullerton recused herself from hearing the case.
The lawsuits come after Gleason called on commissioners to roll back the price charged for vital records just last month, claiming the board was using proceeds to illegally supplement the general fund.
Earlier this year, the two sides clashed over the salary to be paid to Administrative Assistant Leslie Raliegh and over a county directory published by Gleason's office.
Among the claims in the new lawsuit:
•Commissioners failed to certify and make meeting minutes available to his office, something that "could result in violations of the Open Meetings Act."
•The board has not adequately funded Gleason's offices "in an amount minimally appropriate for plaintiff to carry out his constitutionally and statutorily mandated duties."
•The county disabled the Clerk's Office Web site, "directly interfering with public access and the clerk's ability to communicate to the public."
•Took steps to prevent Gleason from hiring his own chief deputy by refusing to approve a budget request for the clerk-register to name an administrative assistant and deputy clerk.
Last edited by untanglingwebs on Fri May 16, 2014 3:58 pm; edited 2 times in total |
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Thu May 15, 2014 2:20 pm |
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untanglingwebs
El Supremo
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"By Aug. 8, the clerk-register filed a lawsuit, seeking the authority to retain an attorney and have him paid all outstanding fees and fees to be accrued ... "at a rate comparable to the commissioners pays its counsel."
That lawsuit is pending in Washtenaw County after Fullerton recused herself from hearing the case."
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On April 8, 2014 Judge Donald Shelton issued an order. In that order :
IT IS FURTHER ORDERED, that Plaintiff may hire counsel to represent Plaintiff in challenging the Genesee County Board of Commissioners actions in Civil Action No. 13-101125 CL. The amount and reasonableness of Plaintiff's attorney fees shall be subject to this Court in Civil Action No. 13-101125-CL of a bill of costs and statement of legal fees that includes a description of time spent and hourly rates billed by Plaintiff's attorney in Civil Actions 13-101125 and 13-100962- CL.
This is a final order that resolves the last pending claim between the paties and closes the case. |
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Thu May 15, 2014 2:37 pm |
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untanglingwebs
El Supremo
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Digital death: County clerk, funeral directors praise electronic death records system
Print Blake Thorne | bthorne1@mlive.com By Blake Thorne | bthorne1@mlive.com
Follow on Twitter
on May 15, 2014 at 5:15 PM
GENESEE COUNTY, MI -- For one year now, Genesee County has been processing death certificates digitally.
It's a change that the county clerk and some local funeral directors say saves a lot of time and money.
Now, they're hoping to get more funeral homes and doctor offices on board with the Electronic Death Registration System.
"This falls in line with our office's new theory, online not in line," said Clerk Register John Gleason.
The system fast tracks death certificates between the clerk's office, funeral homes and physicians by transmitting the paperwork over the web, rather than using physical copies.
Traditionally, the funeral home workers would have to drive around and wait in line to get all the proper signatures.
"If there are errors in a death certificate, it's now a lot easier to fix them," said Adam Martin of Martin Funeral Home.
So far, about half the county's funeral homes are using the system, Gleason said.
"It will be great when everyone's on board," said Lindsay Christopher of Rossell Funeral Home.
Gleason and funeral directors say the system has saved thousands in travel and employee costs.
"We're very aggressive in our office about implementing (the EDRS system)," Gleason said.
Blake Thorne is a reporter for MLive-The Flint Journal. Contact him at bthorne1@mlive.com or 810-347-8194. Follow him on Twitter or Facebook. |
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Fri May 16, 2014 4:01 pm |
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untanglingwebs
El Supremo
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The Register of Deeds lawsuit is because the delays in recording deeds can lead to the problems found in Wayne County.
Mortgage & Deed Fraud Unit
In 2005, Prosecutor Kym Worthy, then Sheriff Warren Evans and Register of Deeds Bernard Youngblood worked tirelessly to come up with a solution to solve the epidemic problem of mortgage and deed fraud in Wayne County. As a result, the Mortgage & Deed Fraud Unit was established.
Housed in the Register’s offices at 400 Monroe, Detroit the unit takes in citizen complaints called to the Register of Deeds’ Deed Fraud Hotline: (313) 224-5869. The unit moved into its new headquarters in January of 2006.
In recent years, criminals have discovered that they can prepare and record legitimate looking documents, forge the rightful owner’s signatures and transfer title to themselves. They then work with an unsuspecting or cooperative mortgage lender and borrow against the property, all without the knowledge or consent of the rightful owner. This often happens when the rightful owner is elderly, has recently died or has moved to a nursing home.
Usually, the criminal’s method is to pull all the equity from the property at the closing, make no payments on the mortgage and the property goes into what is known in the industry as a “first payment default”. This will usually trigger a fraud investigation by the parent company of the mortgage lender and often a foreclosure action by the lender.
The rightful owner, or their heirs or family members, only learn of what has taken place when they find foreclosure papers taped to the front door. Filing a civil lawsuit to stop the foreclosure and set aside the forged transfer is expensive; time consuming, and often only marginally cost effective.
When the Register of Deeds receives a suspicious document, it is now immediately flagged and there is an investigation to determine the legitimacy of the document. Each case is typically factually intensive and requires a great deal more investigative and prosecutorial time than an ordinary stolen car or simple larceny case. In 2010, the Wayne County Prosecutor’s Office obtained two sources of federal funding which has allowed for the expansion of the unit by adding more investigators and more prosecutors to better serve the people of Wayne County in combating the growing incidence of this type of crime.
RESOURCES
Deed Fraud Frequently Asked Questions (FAQs) |
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Fri May 16, 2014 4:28 pm |
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untanglingwebs
El Supremo
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The lawsuit is huge. Word is the Genesee County Board of Commissioners are not willing to compromise and will spend even more money to fight the Clerk/Register of Deeds. This battle seems driven by Gleason's refusal to bow down to their unrealistic and possibly illegal actions.
I am reproducing an affidavit filed in the case by Gleason..
Last edited by untanglingwebs on Fri May 16, 2014 7:10 pm; edited 1 time in total |
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Fri May 16, 2014 4:40 pm |
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untanglingwebs
El Supremo
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1. That he is the duly elected Clerk-Register of Deeds for the County of Genesee and sworn to protect the functions in the office of Clerk-Register of Deeds for the County of Genesee.
2. That he, s Clerk-Register of Deeds for the County of Genesee, has certain duties imposed upon him by statute and constitution.
3. That he believes the functions of the office are threatened, limited or impaired by acts or conduct, actual or implied, of the Genesee county Board of Commissioners.
4. That on at least one occasion, the Board of Commissioners has refused to allow him to perform his statutory duties as the Clerk-Register of Deeds.
5. That the Board of Commissioners has unlawfully interfered with his statutory ability and responsibility to hire deputy clerks and register of deeds. Specifically, as a precondition for authorizing the hire of an administrative assistant in the Clerk's office, the Board of Commissioners required him to reaffirm the appointment of two deputy registers of deeds that he inherited from his predecessor in that office. The Board of Commissioners, speaking through its Corporation Counsel, has since indicated tat if he were to remove one of those deputies , it would be difficult for him to appoint a replacement. He understood this to mean the Board of Commissioners would deny funding for the deputy position. |
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Fri May 16, 2014 4:57 pm |
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untanglingwebs
El Supremo
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6. That the Board of Commissioners has also diverted fees and fines collected by him for services provided, including the issuance of licenses and the recording of documents related to real property.
7. That the Board of Commissioners has diverted funds from the statutorily required automation fund which controls funds for use by the Register of Deeds to upgrade technology in violation of state law.
8. That the Board of Commissioners has diverted funds collected for late filing fees in accordance with the Michigan Campaign Finance Act, despite express provisions in that act that require him to use those funds to carry out the provisions of that act.
9. That the Chairman of the Board of Commissioners has directed the County's information technology staff, off the record and outside the context of a public meeting, to revoke his credentials as a website administrator for the Genesee County Clerk-Register of Deeds website. A a result, he is unable to post content to the website regarding pressing matters like the upcoming November elections.
10. That the Board of Commissioner has consistently taken steps to abrogate the constitutional and statutory responsibilities of his office.
Gleason signed the affidavit on October 9, 2013. |
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Fri May 16, 2014 5:10 pm |
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untanglingwebs
El Supremo
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In the court documents is a letter dated July 9, 2013 to Celeste bell, Interim Corporation Counsel, from John Gleason requesting a formal request for legal assistance regarding his ongoing dispute with the Board of Commissioners and her office regarding staffing and the duties of his office. "In particular, I am greatly concerned that I am unable to meet my constitutional and statutory duties as Clerk given the proposed level of funding for my office, staffing and the recent budgetary cuts to my office", wrote Gleason in the letter.
Gleason also discussed the Board' decision to "fund at a barely adequate level of serviceability" and expressed his concern that the proposed cuts and budget would not allow an adequate level o service in his departments.
"I recognize that I may be interpreting the law incorrectly-after all I am not a lawyer. So I specifically request an explanation of what "barely adequate level of serviceability" means and how it interpreted by the courts."
Gleason also requested County policies and procedures regarding staffing compensation and duties . "Finally, please explain what, if any functions nw performed by the Clerks and register of deeds offices may be discontinued without violating any applicable laws, rules, or regulations. Please also detail those functions which must be continued an the legal basis for your consideration." |
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Fri May 16, 2014 5:39 pm |
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untanglingwebs
El Supremo
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Channel 12 ran this story tonight. I wondered how these fraudulent notary public documents went unnoticed.
Saginaw County man accused of selling, renting homes he did not own
Posted: May 16, 2014 3:57 PM EDT
Updated: May 16, 2014 6:34 PM EDT
By Terry Camp - email
SAGINAW COUNTY (WJRT) - (05/16/14) - A Saginaw County man has been accused of selling homes and renting out several others - homes that he did not rightfully own.
The man was arraigned this week on nine criminal counts, and a Mid-Michigan detective says this crime is occurring all over the state.
"It was relatively easy," said Greg Klecker, Buena Vista Township Police.
That's how Detective Sergeant Klecker describes what 36-year-old Todd Riggins is accused of doing. Riggins has been arraigned on eight counts of uttering and publishing and one count of false pretences in an elaborate racketeering scam involving vacant homes.
Investigators say Riggins would look for property that had been abandoned.
"Estates that have essentially been left dormant are public record," Klecker said.
Riggins would then draw up a quitclaim deed, a property transfer common among family members, where no money is involved in the transaction, no title search is done to verify ownership and no title insurance is issued.
"You can get a quitclaim deed on the Internet," Klecker said.
Police believe he forged the signature of the former deed owner, got it notarized by a notary public who does not exist, and then the deed was filed with the register of deeds office. In the case of a home on Hess Avenue, the property owner had passed away a few years ago.
"He gets the property for nothing, except the cost for recording, he goes across the hall, he might pay the back taxes on them, and turns around and sells them," Klecker said.
Riggins is believed to have sold one of the homes that did not belong to him and was in the process of selling another.
The alleged scheme unraveled when someone who owns a vacant home in Buena Vista, but now lives out of the area, was notified that someone was living in his home. He called police. Klecker says Riggins had rented out seven other homes - homes he did not rightfully own.
"In many of these cases, you have renters out there that are now going to be displaced because of this particular crime," Klecker said.
Riggins is being held on a $350,000 bond in the Saginaw County Jail. |
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Fri May 16, 2014 5:48 pm |
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untanglingwebs
El Supremo
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After Gleason sent a second letter to Corporation Counsel, Attorney Celeste Belle responded on July 17, 2013. Gleason wanted a response to his July 9,2013 letter and had requested an opinion as to whether her office could represent his office in the event of an adverse action against the county.
Bell responded the research would take a long time and she was in a conflict. She stated she would cease working on the research unless Gleason confirmed he still desired the opinion.. Her advise was to work it out with the commissioners. |
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Fri May 16, 2014 7:21 pm |
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untanglingwebs
El Supremo
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The adversarial nature of the Board of Commissioners to Gleason is evident in the letter sent July 18th by Commissioner Archie Bailey to Gleason and the other commissioners. The subject is all in caps: PER COMMISSIONER BAILEY.
"Jamie,
I have read Ms. Bell's response to the Clerk's demand for legal representation. I am uncomfortable with him making the demands of the county's Corporation Counsel's time without following the proper procedure.
Will you strongly advise him that all requests for legal advice must first be approved by the chairman of the Board of Commissioners and then the Finance Committee and then the chairperson will direct Corporation Counsel regarding her responsibility. Ms. Bell is not the Clerk's personal attorney and he cannot make demands on her time without the chair's approval as outlined above.
The clerk has already cost the county thousands of dollars representing him in the case involving his "appointment" of an executive secretary.
I respectfully request that you get this message to the clerk as soon as possible.
archie bailey" |
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Fri May 16, 2014 7:34 pm |
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untanglingwebs
El Supremo
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Odd the commissioner would be so adamant about following the seemingly rigid process for a legal opinion and yet they condone ignoring the rules when it comes to a no-bid contract for $100,000 to Phi Shaltz.
There s a history between Gleason and Bailey. Gleason defeated bailey in a 1994 election.
While each commissioner represents one of nine county districts, other elected county officials are elected county wide and their duties are clearly enumerated in the state constitution. I am amazed that the commissioners appear to believe they alone control the entire county and all other elected officials. Even a county executive has no jurisdiction over other elected official.
Mark Young was a member of the Board of Directors o the Regional Camber of Commerce and yet he negotiated a contract through this body and then voted on the measure. I understand Ward Chapman would never have allowed ths action.
COUNTY BOARDS OF COMMISSIONERS (EXCERPT)
Act 156 of 1851
46.30 Interest of member in contract or business transaction prohibited; prohibition inapplicable to appointments and employment.
Sec. 30.
A member of the county board of commissioners shall not be interested directly or indirectly in any contract or other business transaction with the county, or a board, office, or commission thereof, during the time for which he is elected or appointed, nor for one year thereafter unless the contract or transaction has been approved by 3/4 of the members of the county board of commissioners and so shown on the minutes of the board together with a showing that the board is cognizant of the member's interest. This prohibition is not intended to apply to appointments or employment by the county, or its officers, boards, committees, or other authority, which appointments and employment shall be governed by the provisions of section 30a of this act.
History: 1851, Act 156, Imd. Eff. Apr. 8, 1851 ;-- CL 1857, 364 ;-- Am. 1869, Act 44, Imd. Eff. Mar. 22, 1869 ;-- CL 1871, 496 ;-- Am. 1873, Act 88, Imd. Eff. Apr. 15, 1873 ;-- Am. 1879, Act 102, Imd. Eff. May 24, 1879 ;-- How. 502 ;-- Am. 1897, Act 18, Eff. Aug. 30, 1897 ;-- CL 1897, 2503 ;-- Am. 1903, Act 255, Eff. Sept. 17, 1903 ;-- Am. 1905, Act 237, Eff. Sept. 16, 1905 ;-- Am. 1907, Act 319, Imd. Eff. June 28, 1907 ;-- Am. 1909, Act 161, Eff. Sept. 1, 1909 ;-- Am. 1915, Act 247, Eff. Aug. 24, 1915 ;-- CL 1915, 2293 ;-- Am. 1926, Ex. Sess., Act 5, Imd. Eff. Mar. 13, 1926 ;-- Am. 1929, Act 40, Imd. Eff. Apr. 8, 1929 ;-- CL 1929, 1152 ;-- Am. 1933, Act 84, Eff. Oct. 17, 1933 ;-- Am. 1937, Act 199, Imd. Eff. July 20, 1937 ;-- Am. 1943, Act 125, Imd. Eff. Apr. 13, 1943 ;-- Am. 1945, Act 313, Eff. Sept. 6, 1945 ;-- CL 1948, 46.30 ;-- Am. 1949, Act 34, Imd. Eff. Mar. 30, 1949 ;-- Am. 1952, Act 158, Eff. Sept. 18, 1952 ;-- Am. 1957, Act 270, Eff. Sept. 27, 1957 ;-- Am. 1960, Act 89, Eff. Aug. 17, 1960 ;-- Am. 1962, Act 136, Eff. Mar. 28, 1963 ;-- Am. 1964, Act 79, Imd. Eff. May 12, 1964 ;-- Am. 1965, Act 366, Imd. Eff. July 23, 1965 ;-- Am. 1966, Act 211, Imd. Eff. July 11, 1966 ;-- Am. 1966, Act 334, Imd. Eff. Sept. 14, 1966 ;-- Am. 1974, Act 51, Imd. Eff. Mar. 26, 1974 ;-- Am. 1975, Act 206, Imd. Eff. Aug. 21, 1975 |
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Fri May 16, 2014 7:41 pm |
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untanglingwebs
El Supremo
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The law firm of Clark Hill represents Gleason and they also represented Treasurer Deb Cherry and former Register of Deed Bogardus.
I found the document titled "Introduction" to be most interesting .
Introduction
This action is part of a larger effort by Mr. Gleason to resolve an emergency situation in Genesee County. Over the last several years, the Geneee County Board of Commissioners (the "Board") has taken a number of actions that prevent Mr. Gleason fro performing his constitutional and statutory duties as the clerk-register of deeds ("clerk-register"). Among other thing, the Board has slashed his depatmnt's funding and staff , misrepresented his revenue for unlawful purposes, and attempted to illegally transfer its functions to other departments. When Mr. Gleason requested legal assistance to respond to these issues, he was met with a cold shoulder and told that the Board had no interest in funding a legal adversary. Accordingly Mr. Gleason hired outside counsel to assist him in combatting the Board's illegal actions. He then filed the instant Complaint seeking equitable reimbursement of legal fees.
SUMMARY OF FACTS
Mr. Gleason id the elected clerk-register for Genesee County, serving in a dual capacity as clerk and register of deeds. As Clerk, Mr. Gleason is responsible for processing vital records, overseeing county elections, serving as the filing clerk of the circuit court, and documenting the functions of the county government. As register of deeds, he is responsible for recording and indexing all documents relating to interests in real estate.
The clerk-register's office charges fees for this service and brings in a substantial amount of revenue. In 2012, the office brought in over $2,900,000 in fees and fines. (exhibit) Rather than use these revenues to support the department and improve customer service - as required by state law - the Board has been transferring them to the general fund to subsidize discretionary spending. At the same time it has increasingly chocked off funding to the department.
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Sat May 17, 2014 7:31 am |
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