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untanglingwebs
El Supremo
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To fully capture the severity of the Board's actions, one needs to look back ten years before Mr. Gleason's election. In 2002, the functions of the clerk and the register of deeds were performed by two separate elected officials. The clerk's office had 42 employees and the register of deeds' office had at least 20. According to the U.S. Census Bureau, the population of the County was approximately 438,685.
Since 2002, the Board has combined the two departments and slashed their operating budgets. When Mr. Gleason assumed office in January 2013, the clerk's office was down to 25 employees (a reduction of 59%) and the register of deeds' office was down to 11 (a reduction of at least 45%) Meanwhile the population of the county had only shrunk to approximately 418,408 (a reduction of 4.6%)
Due to the staffing cuts, the clerk-registers 's office is now unable to process documents at the rate it receives them. As of July 2013, the department was three months behind in recording deeds and other instruments relating to interests in property. It was approximately one month behind in recording vital records such as birth and marriage certificates. The backlog in the register of deeds office has now grown to four months and is still on the rise.
Since assuming the office, Mr. Gleason has received numerous complaints from citizens and real estate professional regarding the backlogs. When the register of deeds fails to timely record property instruments, there is no way for the parties to a real estate transaction to know the true state of the title. Purchasers face the risk of acquiring properties with existing liens or encumbrances, mortgage lenders face the risk of subsequent bono fide purchasers, and title insurance companies see an inevitable rise in claims against their policies. Based on Mr. Gleason's experience in county government, he I aware that these conditions can depress real estate markets and result in legal liability for the county. As a recent example, a number of title companies sued the Wayne county Register of Deeds in 2006 alleging financial harm as a result of a backlog of four to six months. (First American Title complaint) The suit lasted for two and a half years and appears to have resulted in a settlement. |
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Sat May 17, 2014 8:05 am |
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untanglingwebs
El Supremo
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Aside from the recording backlogs, the clerk-register's office has a number of other deficiencies resulting from the Board's actions. Perhaps most notably, the fees charged to obtain a certified copy of birth or marriage certificate is the second highest in the State of Michigan. Since 2003, the Board has increased the fee from $5.00 to $25.00 in order to subsidize the county's general fund. To put this increase in context, inflation only accounts for $1.36 of the difference. Moreover, there has been little increase in the real cost of providing the service. After reviewing the history of the fee increase, Mr. Gleason concluded that the disproportionate fees were not only bad for the citizens of Genesee County, but were likely illegal.
Determined to correct these issues, Mr. Gleason sought the advise of the Genesee County Corporation Counsel Celeste Belle. In a letter dated July 9, 2013, he requested a legal opinion explaining the phrase "barely adequate level of serviceability" That phrase ha been used in a number of legal opinions to describe a county legislature's minimal funding obligations to county departments. Mr. Gleason also requested that Corporation Counsel advise him regarding his ability to reduce an employee's compensation, increase an employee's duties or implement mandatory overtime. Finally Mr. Gleason asked Corporation Counsel to advise him as to whether there were any functions that his department could cease performing without violating applicable law. The letter indicated that Mr. Gleason was having disputes with the Board regarding these matters. |
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Sat May 17, 2014 8:27 am |
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untanglingwebs
El Supremo
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A week later, having received no response, Mr. Gleason sent an additional letter reiterating the request for advise. The second letter specifically asked Corporation Counsel to either answer his question or at last confirm the Corporation Counsel's Office would represent him in resolving his adverse legal concerns against the Board.
The next day, Corporation Counsel sent an e-mail to Mr. Gleason stating that she could not provide an immediate response to his questions due to other obligations and that she would be unable to assist him in opposing the Board due to a conflict of interest. Corporation Counsel also stated that she "sincerely doubted " that the Board would pay for him to retain a private attorney. Later that same dy, Mr. Gleason also received an e-mail stating tht the Clerk-Register's Office had no right to consult with the Corporation Counsel without the Board's approval.
In light of these responses, Mr. Gleason realized he would not be able to obtain the advise he needed fro Corporation Counsel in a timely fashion, if at all. With the steadily mounting backlogs in his department, h felt he had no other option but to seek private counsel. Accordingly, he retained the services of Clark Hill PLC ("Clark Hill"). |
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Sat May 17, 2014 8:41 am |
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untanglingwebs
El Supremo
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Since being retained, Clark Hill has advised Mr. Gleason regarding the funding-related questions he originally posed to Corporation Counsel. It has also advised him regarding numerous illegal actions taken by the Board, including it's efforts to:
* Charge disproportionate fees in order to balance the County's general fund.
*Misappropriate fees and fines that the Clerk-Register's office is statutorily authorized to retain
* Deny Mr. Gleason's authority to remove supervisors in the registers of deeds' office who are failing to adequately manage the office.
* Seize the "Genesee County Clerk/ Register of Deeds Office" website and control its content; and
* Transfer Mr. Gleason's duties of clerk of the circuit court to court personnel, in violation of Article 6, Section 14 of the Michigan Constitution.
(Complaint in Case No 13-101125-CL) After considering counsel's advise on these issues, Mr. Gleason determined that it was in the best interest of the County to sue the Board and prevent further damage to his department. Accordingly, Mr. Gleason has filed a complaint for declaratory and injunctive relief against the Board, as well as the instant action for reimbursement of legal fees. |
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Sat May 17, 2014 8:55 am |
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untanglingwebs
El Supremo
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| Just enter deed fraud on your search engine and you will soon see that this type of fraud is happening all across the nation. I spoke to some real estate professionals and asked how the Saginaw case could happen with a phony notary. They reminded me the Genesee County Register of Deed is now five months behind and with a short staff,the deeds cannot be scrutinized as they should be, Thus fraud could occur here too. |
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Sat May 17, 2014 4:13 pm |
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untanglingwebs
El Supremo
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I could not help but chuckle as Gleason's lawyer included art of a transcript involving the Judge asking questions of the county' lwyers. The judge appeared almost incredulous that the county felt they could illegally take state allocated funding from the Clerk-Register of deeds and then deny him representation to fight this illegal act!
I was also surprised to see Celeste Bell representing the County Commissioners. She is the County Corporation Counsel and she indicated she had a conflict of interest. How can she represent one party in the county against another?
When Trachelle Young was the City Attorney, she had a similar conflict when the counsel sued the mayor. The Courts ruled that her decision not to represent either side but to select equal legal representation for both sides ws the only way she could have resolved the conflict.
In the county we have the county commissioners making decisions that should be controlled by Corporation Counsel. Ward Chapman left the County as chief Corporation Counsel long ago and yet the county still only has an Interim Corporation Counsel. The better to control her? As Interim, she is in a precarious employment situation and serves at the whim of these petty commissioners. |
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Sun May 18, 2014 6:36 am |
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untanglingwebs
El Supremo
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I could not help but chuckle as Gleason's lawyer included art of a transcript involving the Judge asking questions of the county' lwyers. The judge appeared almost incredulous that the county felt they could illegally take state allocated funding from the Clerk-Register of deeds and then deny him representation to fight this illegal act!
I was also surprised to see Celeste Bell representing the County Commissioners. She is the County Corporation Counsel and she indicated she had a conflict of interest. How can she represent one party in the county against another?
When Trachelle Young was the City Attorney, she had a similar conflict when the counsel sued the mayor. The Courts ruled that her decision not to represent either side but to select equal legal representation for both sides ws the only way she could have resolved the conflict.
In the county we have the county commissioners making decisions that should be controlled by Corporation Counsel. Ward Chapman left the County as chief Corporation Counsel long ago and yet the county still only has an Interim Corporation Counsel. The better to control her? As Interim, she is in a precarious employment situation and serves at the whim of these petty commissioners. |
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Sun May 18, 2014 6:37 am |
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untanglingwebs
El Supremo
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| Th lawsuits involving Gleason's office include documentation that these offices are self sustaining and there is not reason to cut the budgets of thee offices to levels where they cannot function. This is especially true in the Deeds office where the budget cuts have increased the turnover of deeds up to an unacceptable five months. This has a negative impact on the realty industry and the growth of the county. In other Michigan counties, this issue has led to lwsuits involving title companies and others. |
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Sun May 18, 2014 6:45 am |
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untanglingwebs
El Supremo
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Today the Genesee County Commission authorized the use of overtime to eliminate te 44,000 backlogged deeds. The office is about 5 months behind. Under previous administrations the office was once 9 months behind.
New technology is coming that will prevent a backlog in the future. |
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Wed May 21, 2014 9:49 pm |
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untanglingwebs
El Supremo
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I sometimes wonder about Brenda Clack. She may have been an excellent educator, but she can't get this politics thing together.
When the representative from the Clerk=Register of Deeds office made her presentation regarding the proposed technology changes in the Register of Deeds ofice, Clack tarted discussing the recent news story of the Clerk's office with their new electronic signature death certificate process.
Another commissioner asked about using the IT personnel to help with the backlog of recording deeds. It appears that when that happened in the past, the deeds were done incorrectly.
Under the proposed changes to the Register of Deeds is a new scanner system. Data will be entered at the counter and the deed scanned and returned, thus eliminating a task. Once the backlog is caught up, the new technology will help prevent anther from occurring.
Gleason and his office personnel have been working with the title companies and others to help determine how to best fix the office. |
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Thu May 22, 2014 5:50 am |
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untanglingwebs
El Supremo
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The clerk's office was allowed to re-establish and fill a Court Clerk position within the Legal division of the Clerk's office. (expedited action)
The Clerk was also allowed to re-establish and fill a secretary position in the Register of Deeds.(expedited action)
(Now if the office only was allowed to fill the appointed positions, part of the lawsuit might go away.) |
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Thu May 22, 2014 5:57 am |
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untanglingwebs
El Supremo
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| Wayne County like Genesee county has a Board of Commissioners that wants to tap into funds held by the Treasurer's delinquent tax fund. |
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Thu May 29, 2014 6:59 am |
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untanglingwebs
El Supremo
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For those who listen to the Mike Killbreath Show on 1470 WFNT , last Friday must have been a cliff hanger. I missed it because I was in the federal court watching a trial. However, I spoke to Mike Killbreath.
I first heard the rumor that Genesee County Interim Corporate Counsel Celeste Bell had gone to the FBI with a complaint regarding Jamie Curtis, Chair of the Genesee County Commissioners. Then I was told about Killbreath's show and the memo he read that alleged even more county corruption.
According to Killbreath, he received a copy of an e-mail between Celeste bell and Archie Bailey stating Bell was furious about actions of Jamie Curtis that were possibly illegal. Killbreath stated he read the memo over the air last Friday. I had called him Thursday and he said he was with the dump Jamie Curtis group. I suspect this is when he received the e-mail. |
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Sat Jun 14, 2014 5:25 am |
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untanglingwebs
El Supremo
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The allegations swirl around the issue of whether Curtis is a proper steward over the county finance or if he uses county assets for political gain.
The first, according to Killbreath, revolves around Curtis allegedly trying to back Genesee Township government officials away from endorsing his political rival Danny Wells. Some how Killbreath indicates $100,000 in funding requested by Genesee Township was approved by Curtis without going through the normal process.
I sought clarification but Killbreath's cell phone battery was running low. |
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Sat Jun 14, 2014 5:34 am |
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untanglingwebs
El Supremo
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The second allegation involves Curtis hiring legal representation. It appears the fees of the firm hired are substantially higher than those brokered in a fee agreement by the Corporation Counsel with the law firm of Plunkett Cooney of Detroit.
This sounds remarkably like the Trachelle Young fight with the Flint City council during the Williamson administration. Council lost the battle in an Appeals Court decision. Only the designated legal representative of the City could appoint legal counsel. In the case of a dispute between two branches of the city, the City Attorney could only resolve the conflict-of-interest by hiring legal representation of equal caliber for both sides . The City Attorney could not represent either side.
However Bell represented the county commissioners against both the Treasurer and the Clerk/Register despite having declared herself in conflict. Corporation Counsel is supposed to protect all count departments, despite being hired though the commissioners. Commissioner John Northrup argued with me that the Corporation Counsel could only represent the commissioners because they hired them. |
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Sat Jun 14, 2014 5:46 am |
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