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Topic: County Commissioners waste money in lawsuits
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untanglingwebs
El Supremo

The third and last allegation involves Curtis supposedly telling Corporation Counsel that money was no object when it involved the lawsuits with the Treasurer and the Clerk/ Register. Get Gleason and Get Cherry were the demands allegedly made of corporation counsel regarding these lawsuits. If this memo really says this, then Curtis and his cohorts on the County Commission have no business being elected to office.

The Treasurer and the Clerk/Register are county wide elected officials and the commissioners need to cease their efforts to control these two offices. The commissioners control the budgets of these offices on some levels. However the allegations in the lawsuits state the commissioners are usurping funds not within their control and some which are funds designated by the state for specific purposes. The commissioner need to keep their hands off these funds.
Post Sat Jun 14, 2014 5:59 am 
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untanglingwebs
El Supremo

After speaking to Killbreath regarding his reading the memo on the air, I called John Gleason, the Clerk/Register. Killbreath refused to give him a copy of the memo, so his attorney has been advised and will be issuing a subpoena for the memo. I suspect the reason for. Killbreath's refusal is that the memo was given to all commissioners and Killbreath is protecting his source.

Archie Bailey has never been shy when he is uncovering corruption. Since he is not running for re-election, why would he be secretive now. An attorney client confidentiality statement on the bottom of the memo only says the document may be protected. Also I have seen court records where it was stated only the client, not the attorney can claim attorney/client privilege. Can privilege be invoked when it involves allegations of crimes or potential crimes.
Post Sat Jun 14, 2014 6:09 am 
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untanglingwebs
El Supremo

Both killbreath and Gleason say Killbreath read the memo over the phone to Gleason. However, Gleason said he had a meeting and did not listen to the show. Killbreath also indicated he advised Bell about the contents of his show and he received information she left the county building shortly after his call

Did Bell go to the FBI? If so why didn't she go sooner? Why has she been interim for so long? Is she motivated by rumors that there is a move to fire her?Why didn't she go when the commissioners violated rules and possibly state law to give a no-bid contract through Tim Herman's Chamber of Commerce to Chamber Board member Phil Schaltz. The county had no funding for the $100,000 plus contract and pushed the payment onto the next budget year, despite the county having a deficit-reduction plan with the state.

Curtis and other Commissioners also took the hotel tax money from the Visitors and Convention Bureau and gave the funding to the Chamber. Down from a million a year , the amount is around $750,000 to $800,000 a year.


Last edited by untanglingwebs on Sat Jun 14, 2014 6:38 am; edited 1 time in total
Post Sat Jun 14, 2014 6:19 am 
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untanglingwebs
El Supremo

I suspect Curtis is buying political favors though these financial perks. I also don't expect there to be obvious evidence of these perks.

When Curtis ran for his first office as a Burton City Council, he claimed a $1,000 waiver. A political pundit in Burton provided me with information, including all of the political mailings, and asked me to file a complaint with the elections bureau. Having been a candidate themselves, this pundit estimated the expenses to be in excess of $20,000. my mistake was in filing the complaint in Genesee County and not the state. With Mike Carr in Arizona and Rob Coffman, head of elections at the time being a friend of Burton politicians, he laughed at me as he told me how he deep-sixed the complaint.

Burton had a long standing reputation at that time for corrupt politics. Complaints went to the state and were hashed out in court cases. Curtis has had time to refine his techniques.
Post Sat Jun 14, 2014 6:36 am 
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untanglingwebs
El Supremo

Genesee County Treasurer Deb Cherry says judge's order means continued upkeep for tax-foreclosed property
Blake Thorne | bthorne1@mlive.com By Blake Thorne | bthorne1@mlive.com
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on June 16, 2014 at 6:00 PM, updated June 16, 2014 at 6:04 PM


GENESEE COUNTY, MI -- Tax-foreclosed properties in the county will continue to be maintained, said Genesee County Treasurer Deb Cherry as she cited a judge's order in a lawsuit over who controls money from a delinquent tax revolving fund.
The County Board of Commissioners sued Cherry over her handling of the fund. A Circuit Court judge ruled in May that as treasurer the law allows her to spend delinquent tax funds, which come from penalties collected by her office from property owners who are late in paying taxes, to maintain tax-foreclosed properties.

A June 9 order from the judge further clarifies that ruling, saying, "actions and services performed by or for the Treasurer that related to the forfeiture, foreclosure and sale of tax delinquent properties may be authorized by the Treasurer and paid out of the DTRF (delinquent tax revolving fund) by the Treasurer without permission of the Board."
Cherry said she's pleased with the ruling's language, and it allows her to continue doing her job.
"It's pretty much letting us do what we need to do," Cherry said.
The commissioners sued Cherry, claiming she was funding the county Land Bank inappropriately and illegally.
The two sides decided a "friendly lawsuit" would likely be the least expensive way to settle the issue of Cherry's authority. Taxpayers footed the bill on both sides of the argument, as the commissioners agreed on May 1, 2013, to pay the fees of an attorney for Cherry.
The treasurer said the law allows her to spend the funds to maintain tax-foreclosed properties before they are sold at auction or transferred to the Land Bank. Commissioners had maintained that their approval of the spending is required.
County board Chairman Jamie Curtis declined to comment on the court order, saying he hasn't has a chance to review it.
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.
© 2014 MLive.com. All rights reserved.
Post Wed Jun 18, 2014 4:54 pm 
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untanglingwebs
El Supremo

Court costs are growing. Can we afford to keep Curtis and his cohorts?

Curtis said he did not have time to review the legal decision, he and the county commission voted to appeal the decision.
Post Wed Jun 18, 2014 4:57 pm 
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untanglingwebs
El Supremo

When the county fails to place their agenda on line, you immediately know a cabal is afoot!

The first thing on the Wednesday agenda was an update on the "$100,000 no-bid contract the county gave Phil Shaltz and his company Hss to evaluate the county purchasing contract. Interesting concept to violate the existing purchasing policy to
evaluate and create a purchasing policy. The vote was 7 to 2 with only Ted henry and Peggy Adams voting against it.

The presentation, conducted by Eric Larson of Hss, listed a litany of problems that were allegedly going on for decades and costing the county a lot of money and presenting opportunities for potential fraud.

Peggy Adams was the first commissioner to respond when she stated the Board needed specifics and not the generalities told by Larson. Since the county has comprehensive organizational charts, she was incredulous bout Larson's claims that employees did not know who was their boss. Adams also requested the information of the final report be provided in advance so the commissioners had the opportunity to study it and ask informed questions.
Post Thu Jun 19, 2014 5:39 am 
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untanglingwebs
El Supremo

Ted Henry brought the underlying issues to light. It took 2 full time staffers of Hss 75 days to itemize problems that a county ub-committee had already identified. He noted that while in discussion of the issues, the matter was brought to a halt by the controller (he did not say which one)who told them "don't go there at this time". The committee was told there was no money for implementation.

"Now we are spending $100,000 on something we already discussed."


Omar Sims, with his usual arrogant self, challenged Henry with some flippant and off the cuff remarks. Remember Sims was the commissioner who after voting to give Hss the money remarked that he now hoped Phil Shaltz would tell them what they were getting for their money.

Sims nodded to Henry and argued that the committee had known and yet had produced no response. He looked at Henry and with a shake of his head said"I rest my case".


What case? It looks even more like the fix was in ! And if Sims and other commissioners didn't know what they were voting for, that gives a stronger impression of corruption in the process.

Are there "kickbacks" or other political considerations? People use the Shakespeare line that something smells in Denmark to indicate deceit is in play. Well this contract stinks and the smell is getting worse. How can there be no money to fix the purchasing problems in-house, but yet Mark Young and his committee can violate the law by negotiating a no-bid $100,000 contract to be paid in the next budge year and then the committee members vote on it. Only a politician can make a complaint to Schuette and none have any guts!

This is a campaign year so watch the campaign donations and in-kind fundraisers. I believe some will greatly benefit from this rushed through contract.
Post Thu Jun 19, 2014 6:04 am 
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untanglingwebs
El Supremo

Mike Killbreath ON JOHN CHERRY'S FACEBOOK PAGE: In spite of the fact that Chairman Curtis says he has not had time to review the Judge's decision, the County Board voted to appeal the decision. I guess they don't believe the neighbours of foreclosed property deserve to have their neighbourhood kept clean.

Genesee County Treasurer Deb Cherry says judge's order means continued upkeep for tax-foreclosed property ://www.mlive.com/.../genesee_county_treasurer_deb_c_4.html — with Deb Cherry.

Genesee County Treasurer Deb Cherry says judge's order means continued upkeep for tax-foreclosed...
www.mlive.com
Cherry said she's pleased with the ruling's language, and it allows her to continue doing her job.
.
Yesterday at 6:17am · Edited · Like

Mike Killbreath That post above was from John Cherry on his Facebook page. John is the brother of County Treasurer Deb Cherry and a former long-time state legislator who served 8 years as Lieutenant Governor under the Granholm administration.

Yesterday at 6:18am · Like

Mike Killbreath So John, maybe you and your sister need to come on my radio show and explain to folks why Jamie Curtis is endorsed by both of you. Is it simply because he has the stamp of approval from the UAW? A confidential memo between the Corporation Counsel and a county commissioner was obtained by The Morning Gazette Radio Show from a secret source (let's call the source "Deep Throat") and this memo reveals violations of the Hatch Act by Curtis, along with declaring "Money is No Object" in lawsuits against Deb Cherry's office and John Gleason's office. These lawsuits have cost the county in excess of a way over a quarter million dollars. That's money that should have gone to public safety or toward trying to create jobs.

Yesterday at 6:21am · Like

Mike Killbreath Here is a copy of my letter that went out to all the county commissioners earlier this morning:
Dear Commissioner,
I would like you to appear on my radio show, in person or by telephone, to respond to allegations contained within the controversial e-mail from your Corporation Counsel that was obtained last week by The Morning Gazette Radio Show. This e-mail reveals allegations that the Hatch Act was violated by Commissioner Curtis, along with "Money is No Object" allegations in regard to lawsuits against the offices of the treasurer and the county clerk.

I would also like comments regarding votes taken on an illegal "no bid" contract for a 7-year marketing contract on hotel tax money going to the Flint-Genesee Chamber of Commerce led by Tim Herman of the Uptown group and another illegal "no bid" contract to the Uptown's managing partner, Phil Shaltz, for a project to rewrite the county's purchasing policies. We have consulted legal experts at law schools who verify beyond a shadow of a doubt that criminal indictments are in order against commissioners who voted for these illegal "no bid" contracts in violation of the county charter.

My cell phone number is (810) 347-9803.

Mike Killbreath
The Morning Gazette Radio Show Weekdays 8am-9am
The Daily Gazette Sports Weekend Show Sundays 12pm-1pm
FLINT'S NEWS TALK WFNT 1470 AM (www.WFNT.com)
The Daily Gazette Morning Blog: http://mkillbreath.wordpress.com/2014/06/01/3/
Post Thu Jun 19, 2014 6:13 am 
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untanglingwebs
El Supremo

Archie Bailey of flushing a always fought against what he felt was government wrongdoing. That's why it is so sad to see him on a relentless battle over the Clerk/register and the County Directory. If it is his illness or the long past race he lost to Gleason, this effort is beneath him.

There have always been errors in the directory. I can remember getting my new copy and going through it and crossing out wrong information such s names and phone numbers. With all of the elimination of positions within the county, the job is even more difficult. The 17 errors Bailey found was child's play compared to past copies. The past errors were compounded when the books were made to last two years, despite elections taking place.

Now Bailey is personally driving to the vendor selected after a bid proposal. I have worked with both Flint and Genesee County Purchasing. There should have been a certified bid list for not only printing companies but also other services. It is the responsibility of Purchasing to determine if a company is a responsible bidder, not the department requesting the bid. This directory may not have been bid out in the past. But this happens when a government reduces their purchasing department to one person with a half time secretary.

Watch out for the effort to privatize the purchasing department and Shaltz's group will be in the running.

I hope Bailey gets over his obsession with trying to punish Gleason. Gleason won county wide and not district wide. When are the ulterior motives in county government going to surface. You can bet there is someone waiting in the wings for a ob and that is why they want to separate the Clerk Register.
Post Thu Jun 19, 2014 8:25 am 
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untanglingwebs
El Supremo

Complaints filed with state against Genesee County's attorney, chief probate judge following recall hearings

Eric Dresden | edresden@mlive.com By Eric Dresden | edresden@mlive.com
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on July 02, 2014 at 7:50 AM, updated July 02, 2014 at 7:51 AM


FLINT, MI – After four recall hearings by county officials, Gaines Township Supervisor Chuck Melki said he is frustrated with the way County Interim Corporation Counsel Celeste Bell and Chief Probate Judge Jennie Barkey handled the hearings.

Melki filed complaints against Bell with the State Attorney Grievance Commission and against Barkey with the Michigan Judicial Tenure Commission.

"There are double standards and attorneys should know better, especially a judge," Melki said.

Bell and Barkey both said they had heard nothing about the complaints and could not comment.

Melki pointed out three separate issues in letters sent to the commissions.

The first claim is that the first hearing was scheduled for 7:30 a.m. on Dec. 4, before the county building had opened, Melki said. Because the offices were locked, he was unable to get into the building until several minutes late for the hearing.

The second is that Barkey recused herself during a recall hearing against Genesee County Sheriff Robert Pickell, citing a friendship.

Melki, a former Genesee County police officer, said he's worked with Barkey before, including in the courthouse and wonders why she didn't recuse herself during his hearings.

The final complaint Melki has is against Bell and Barkey from a hearing on Feb. 13, when petitioner Jason Ling accidentally circled the designator of Gaines as a "city" instead of "township. During the hearing, Bell advised the commission that the language could be changed after the hearing to identify it as a township and Barkey was the only member of the Genesee County Elections commission who voted that the language was "clear and factual."

Barkey sits on the commission with County Clerk John Gleason and Treasurer Deb Cherry.

Because of the confusion during the Feb. 13 hearing, Gleason told his staff in the elections division that petitions would not be modified after being submitted.

Barkey previously said that she was happy the petition ended up rejected.

"Based on what (Bell) was telling me, I thought the language in the petition was clear and factual," she said. "The good thing is it didn't pass. So there is no harm, no foul."

"Somebody has to hold these people accountable," Melki said.

Robert Edick, deputy administrator for the State Attorney Grievance Commission, said he couldn't comment on any specific investigation but explained the investigation of any complaint is multifaceted.

First, an attorney reviews it to make sure there are sufficient details about misconduct. If enough evidence is found, a copy of material received is sent to the attorney for them to answer.

After the letter, and possibly more investigation, a memo is prepared for nine members of the commission to determine if any further action should take place, Edick said.

Depending on the ruling by the commission, a hearing panel of three volunteer attorneys could decide a punishment, with hearings "conducted the same way a non-jury trial would be in a civil case," Edick said.

For judges, the process is similar, with a review, investigation, disposition of grievances, and hearings.
Post Wed Jul 02, 2014 8:50 pm 
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untanglingwebs
El Supremo

Bell continues to be in the midst of controversy. She cited a conflict of interest in a communication sent to Clerk/register Gleason and then turnedaround and represented the county against both Gleason and Cherry. Word is she is the reason the lost cases against Cherry is being appealed. The county sues Cherry, loses and then because they don't like the judgment appeal.

Former City Attorney Trachelle Young was in a conflict between the council, her office and the Mayor. She had to appeal but the Appeals Court ruled she resolved the conflict in the only possible way. She hired competent council for both sides and her office did not represent either side.

This Gaines recall is just another of her screw ups. She allowed the County Commission to engage in a no-bid contract with Shaltz while the Commissioners violated their own purchasing policies.

Politicians talk about missing e-mails at the federal level while Genesee County has their own vanishing e-mail. Celeste bell sent an e-mail to Commissioner Archie Bailey detailing alleged campaign violations committed by Curtis, The memo was leaked to Mike Killbreath and he used it on his radio show.

Suddenly the memo is missing in action. Supoena and FOIA requests are unanswered. A copy of the memo with the information related to Gleason and Cherry redacted was slid under Gleason's door. Are the rumors that Curtis ordered it to disappear true?
Post Wed Jul 02, 2014 9:12 pm 
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untanglingwebs
El Supremo

Dis Curtis really want to fire her? When Curtis was not at the meeting Bell was made permanent by 8-0 vote. Concern about a possible whistle-blower lawsuit?

The county budget and Curtis using a stroke of his pen to give money for the auto theft unit GAIN to Genesee Township for questionable motives is the hottest story circulating through the community. Tis supposedly unexpected windfall caused some Township officials to withdraw their endorsement of Danny Wells, the candidate opposing Curtis in the Commission race. The story is they declined to endorse for fear it would look like a bribe.

Curtis allegedly has made more unauthorized payments that were not budgeted for.
Post Wed Jul 02, 2014 9:30 pm 
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untanglingwebs
El Supremo

Waiting for details on the settlement!


CLOSED FOJ CASE REGISTER OF ACTIONS 11/27/14 PAGE 1
13-100962-CL JUDGE COLLETTE FILE 08/08/13 ADJ DT 11/24/14 CLOSE 11/24/14
GENESEE COUNTY SCAO:SEC C LINE 03

P 001 GLEASON,JOHN,J VS D 001 GENESEE COUNTY,STATE OF MI,
1101 BEACH ST RM 138 900 S SAGINAW ST
FLINT MI 48502 FLINT MI 48502
ATY:SMITH,MATTHEW T ATY:BELL,CELESTE D.
P-46754 517-318-3037 P-41453 810-257-3050
DISPOSITION 11/24/14 SET MAJ
SERVICE/ANS 09/12/13 ANS

IP001 GORDON,GARY,P
ATY:GORDON,GARY P., 10/23/13
P-26290 517-374-9133

IP002 HANSELMAN,JASON,T
ATY:HANSELMAN,JASON 10/23/13
P-61813 517-374-9181

Actions, Judgments, Case Notes
-------------------------------------------------------------------------------
54 10/01/14 COLLETTE CASE REASSIGNMENT
FROM: SHELTON,DONALD E.,
TO: COLLETTE,WILLIAM E.,
55 CASE REASSIGNED PER SCAO
ASSIGNMENT #1420736.
56 ASSIGNMENT FROM STATE COURT
ADMINISTRATIVE OFFICE FILED
57 PARTY NOTIFICATION AND
CERTIFICATE OF MAILING OF
SAME UPON ATTYS OF RECORD ON
10/01/14 FILED
58 10/06/14 PROOF OF SERVICE FILED
OF NOTICE OF DEPOSITION DUCES
TECUM FOR COMMISSIONER JAMIE
CURTIS UPON ATTY'S OF RECORD
BY MAIL O N 10/1/14 FILED
59 11/24/14 STIPULATION FOR ENTRY OF
ORDER FILED
60 999 MISCELLANEOUS ACTION BY JUDGE
SETTLED
61 FINAL ORDER OR JUDGMENT FILED
ORDER FILED
Post Thu Nov 27, 2014 11:23 am 
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untanglingwebs
El Supremo

http://www.mlive.com/news/flint/index.ssf/2014/11/genesee_county_drops_suit_agai.html
Genesee County drops suit against Treasurer Deb Cherry
Blake Thorne | bthorne1@mlive.com By Blake Thorne | bthorne1@mlive.com
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on November 19, 2014 at 4:00 PM


GENESEE COUNTY, MI -- The Genesee County Board of Commissioners has dropped the lawsuit against the county treasurer.
The board on Wednesday, Nov. 19, agreed to put an end to the litigation, which is currently in appeals court.

The suit stems from a disagreement on how the treasurer can handle funds from delinquent taxes. A judge in May ruled that Cherry has the authority to spend delinquent tax funds to maintain tax-foreclosed property and she can determine how much of the surplus county government gets.

Because Genesee County 7th Circuit Court judges had recused themselves, Lapeer County Judge Nick O. Holowka ruled in May that as treasurer the law allows her to spend delinquent tax funds, which come from penalties collected by her office from property owners who are late in paying taxes, to maintain tax-foreclosed properties. Cherry can also set the surplus amount the county gets once the maintenance funds and bonds are paid, and when county government will receive that money, according to that ruling.

The commissioners sued Cherry, claiming she was funding the county Land Bank inappropriately and illegally.

The two sides decided a "friendly lawsuit" would likely be the least-expensive way to settle the issue of Cherry's authority. Taxpayers footed the bill on both sides of the argument, as the commissioners agreed on May 1, 2013, to pay the fees of an attorney for Cherry.

The suit had already cost the county more than $100,000, said Board of Commissioners Chairman Jamie Curtis, D-Burton, and continuing to pursue an appeal could rack up more than $20,000 in legal bills.

County Commissioner Archie Bailey, D-Flushing, introduced the resolution to end the suit, saying there's little to gain from pursuing the litigation further.

Bailey said he was introducing the motion "on the basis that the only people who are going to profit on this are the attorneys on both sides."

Cherry said she was happy to hear the board's decision.

"I just think it's great action by the Board of Commissioners, it allows us to work together now," Cherry said.

Two commissioners voted against dropping the suit; John Northrup and Ted Henry.

"We're turning over the money with no checks and balances ... we've been requested by counties all over the state to go through with this lawsuit," Henry 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.
Post Thu Nov 27, 2014 11:30 am 
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