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Topic: the Eric Mays Saga contiues
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untanglingwebs
El Supremo

Eclectablog has posted a new item, 'City councilmember works overtime to make
Flint a laughing stock, arrested while changing tire on car with 4 flats', at
Eclectablog

You may view the latest post at
http://www.eclectablog.com/2013/12/city-councilmember-works-overtime-to-make-flint-a-laughing-stock-arrested-while-changing-tire-on-car-with-4-flats.html

You received this e-mail because you asked to be notified when new updates are
posted.
Best regards,
Eclectablog
eclectablog@gmail.com



City councilmember works overtime to make Flint a laughing stock, arrested while changing tire on car with 4 flats

By Eclectablog on December 1, 2013 in Emergency Managers, Flint


You’re not helping. Not at all.

Flint is a city that is slowly working to crawl its way out of the crater left behind when automakers left and the manufacturing sector imploded. Bit by bit, one step at a time, city leaders are bringing the city back with a strong vision for the future.

Then stuff like this happens:


Flint City Councilman Eric Mays was arrested and jailed about 2:50 a.m. Saturday, Nov. 30, for alleged drunken driving and possession of marijuana after police said they found him trying to change a tire on a car with four flats on I-475 near Carpenter Road.

This story has got to have more to it than is currently being reported. For instance, how did Mays’ car get four flat tires? How long did he drive down the highway with four flat tires before he decided to pull over? Why did he think changing one of the four flat tires was going to be somehow useful? Just how wasted was he that he thought this was a good idea since he was drunk and had weed in his car?

Mays is a longtime activist in Flint who was one of two former felons elected to the Flint city council in November of 2013. It was a rather remarkable story because not a single major media outlet actually reported before the election that Mays and Wantwaz Davis were once felons. Having a felony conviction in your past certainly doesn’t exclude you from running for office (unless it’s for “dishonesty, deceit, fraud, or a breach of the public trust”.) However, it’s arguable that it is information the voters may have benefited from knowing.

Mays was narrowly elected last month by a infinitesimal 7-vote margin over Anita Brown and a recount is planned. Residents Flint may wish to start praying the recount produces a different result. The last thing they need is someone on their city council whose lack of judgment is this profound.

However, given that Flint Emergency Manager Darnell Earley says he’ll be “conferring with the governor’s office” about Mays’ arrest this week, they may not have to deal with the messiness of democracy. Earley may simply bypass it on their behalf.
Post Mon Dec 02, 2013 6:29 am 
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untanglingwebs
El Supremo

Flint is also being ridiculed in other publications. Stormfront, the White Power World Wide group, is also posting this story.
Post Mon Dec 02, 2013 6:34 am 
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untanglingwebs
El Supremo

Flint to appoint special prosecutor after City Councilman Eric Mays arrested

Dominic Adams | dadams5@mlive.com By Dominic Adams | dadams5@mlive.com
on December 02, 2013 at 2:15 PM, updated December 02, 2013 at 3:16 PM

FLINT, MI – Flint City Attorney Peter Bade said he will appoint a special prosecutor in the case involving a Flint city councilman who police said was arrested for drunken driving and marijuana possession.

Eric Mays was arrested and jailed about 2:50 a.m. Saturday, Nov. 30, for alleged drunken driving and possession of marijuana after police said they found him trying to change a tire on a car with four flats on Interstate 475 near Carpenter Road.

Bade said he wants to appoint a special prosecutor in the next few days because Mays is the sitting councilman in Flint’s First Ward and Bade doesn’t want even the appearance of a conflict of interest.

“It would be a case that would be better handled outside of my office,” Bade said.

He said he did not want there to be an instance where Bade is providing Mays legal advice as a city councilman and also prosecuting him criminally.

Unlike the process that requires county prosecutors to seek a special prosecutor through the Michigan Attorney General’s Office, Bade said he has the authority to pick a special prosecutor himself.

Mays was arrested for operating while under the influence of alcohol and possession of marijuana. He was released from jail Saturday afternoon and no charges have been issued.


He cited by police for no proof of insurance and failure to submit to fingerprinting, Tolbert said.


Police said the vehicle Mays was with had been traveling north in the southbound lanes of I-475 on four flat tires.

Flint Emergency Manager Darnell Earley planned to meet with Gov. Rick Snyder in Lansing on Monday, Dec. 2.

The Flint Journal could not reach Earley for comment on Monday.

Mays would not comment on his arrest and referred questions to his attorney Frank Manley.

A new prosecutor is not unexpected, Manley said, and he hopes Mays can get a judge to take his case.

All of the Flint District Court judges recused themselves during Mays’ jury trial for a misdemeanor charge of disrupting a public meeting.

Mays was convicted and sentenced $450 in fines or five days in jail, but has not yet fulfilled it.

“We’re waiting for the formal charges to be issued,” Manley said. “We’re trying to focus on what’s being charged rather than whose being charged to avoid a circus. The what is a misdemeanor.”

Mays’ days in that council seat could be coming to a close. Anita Brown, who lost to Mays by seven votes in the November general election, was granted a recount that will take place on Tuesday, Dec. 3.

Mays referred questions on the arrest to his attorney.


“This is something I worked for my whole life – my council seat,” Mays told The Flint Journal today, Dec. 2. “I clearly got a vision and believe I can be used.”

This isn’t Mays’ first run in with the law. The First Ward councilman pleaded guilty to felonious assault in 1987 and served a year of probation. Mays said the man had been threatening his life before Mays threatened him with a gun.

He also was convicted of aggravated stalking in 2001 that involved a woman who Mays worked with at a Delphi plant in Buena Vista Township. Mays was sentenced to five years probation following the felony conviction, according to Saginaw County Circuit Court records.

Dominic Adams is a reporter for The Flint Journal. Contact him at dadams5@mlive.com or 810-241-8803. Follow him on Twitter, Facebook or Google
Post Mon Dec 02, 2013 4:12 pm 
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untanglingwebs
El Supremo

Flint residents address Councilman Mays' arrest

by Josh Marshall

Posted: 12.02.2013 at 6:34 PM

Josh Marshall is a reporter for NBC25. He studied Broadcast Journalism at West Virginia University.



FLINT -- Flint's Emergency Manager, Darnell Earley is out of town. The governor’s office says Earley will issue a release concerning Mays' arrest later in the week. However, what Lansing does have is legal documentation detailing what it would take to get Mays out of office.

"Of course it’s not a good thing because it’s not setting a good example at all," said Flint resident Chamika Bates.

Eric Mays' run in with police is making waves throughout Flint's nine wards. But the City of Flint is yet to react.

"Their not probably going to give him a break at all," said Bates.

Governor Rick Snyder’s office is waiting on information from Flint's EFM Darnell Earley before taking any action.

Flint resident Otis Spann asks, "if they are the ones in higher command then why not?"

Spann agrees with the capitol possibly deciding councilman Mays' fate.

"But you have to have a forgiving heart and what have you," said Spann.

The Michigan constitution says the governor has the power to remove or suspend a local official under certain limited conditions including gross neglect and corrupt conduct.

The governor’s power to intervene is on the table and recommended by people wanting Mays out of office.

"Drunk drivers kill people so I just feel like that's just not setting a good example at all," said Bates.

The City of Flint's legal council is appointing a special prosecutor to handle Mays' case. City Attorney Peter Bade says the appointment is to avoid his office providing Mays legal advice and prosecuting him criminally.
Post Tue Dec 03, 2013 7:15 am 
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00SL2
F L I N T O I D

This means the absentee ballots weren't counted in the original election results either. There should be an investigation into why the seal numbers on the box and book don't match.

http://www.mlive.com/news/flint/index.ssf/2013/12/eric_mays_survives_flint_city.html

mlive.com
Eric Mays stays: Flint city councilman survives recount

Eric Mays wins recount of Flint's First Ward
Photo Caption: Eric Mays, back center, and Anita Brown, right, watch on as Ed Goggins, a member of the Genesee County Board of Canvassers, reads state laws aloud restricting the opening of the absentee ballot box because the seal number on the ballot box could not be registered with the seal number in the recorded poll books on Tuesday, Dec. 3, 2013 during a recount of Flint's First Ward at Flint City Hall. Mays won the recount by eight votes. (Jake May | MLive.com)
Dominic Adams | dadams5@mlive.com By Dominic Adams | dadams5@mlive.com
Follow on Twitter
on December 03, 2013 at 11:43 AM, updated December 03, 2013 at 12:22 PM


FLINT, MI – Eric Mays survived a recount today, Dec. 3, and will retain his seat as First Ward Flint city councilman.

Mays actually gained a vote during the recount at Flint City Hall. He defeated Anita Brown 710-702.

“Based upon what’s been going on the last couple of days – it’s a blessing,” Mays said.

Mays was arrested at 2:50 a.m. on Nov. 30 for alleged drunken driving and possession of marijuana after police said they found him trying to change a tire on a car with four flats on Interstate 475 near Carpenter Road.

Mays would not comment about his arrest following today's recount.

The Genesee County Board of Canvassers did not count absentee ballots during the recount because the seal number on the box that held the ballots could not be matched with the number registered in the poll books.

“This is what I was speaking on the other day on fairness and transparency in the voting process in the city of Flint,” Brown said. “It don’t make any sense to vote if their vote isn’t going to be counted.”

Mays gained one vote from the fourth precinct in the recount.

Brown said she will consult with an attorney and decide if she wants to take further action.

“The absentee ballots was one of my concerns, but it’s a coincidence that they weren’t made available,” she said. “I thought it was very unfair and it wasn’t transparent. It looked of deceit and incompetence.”

Dominic Adams is a reporter for The Flint Journal. Contact him at dadams5@mlive.com or 810-241-8803. Follow him on Twitter, Facebook or Google+.

© 2013 MLive.com. All rights reserved.
Post Tue Dec 03, 2013 12:36 pm 
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untanglingwebs
El Supremo

When judge Stecco won his first election, there was a recount. I challenged three boxes of votes because the seal did not match. They counted the votes anyway.

There needs to be some consistency in the Board of canvassers. Have they changed the rules since then?
Post Tue Dec 03, 2013 3:44 pm 
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untanglingwebs
El Supremo

Flint names Michael Gildner prosecutor in Eric Mays case

Dominic Adams | dadams5@mlive.com By Dominic Adams | dadams5@mlive.com

on December 03, 2013 at 5:25 PM


FLINT, MI – City officials have named a special prosecutor in a criminal case involving Flint City Councilman Eric Mays.

Michael J. Gildner will be the special prosecutor in the case against Mays, the city said in a statement.

Mays was arrested at 2:50 a.m. on Nov. 30 for alleged drunken driving and possession of marijuana after police said they found him trying to change a tire on a car with four flats on Interstate 475 near Carpenter Road.

“The appointment of a special assistant city attorney was made to avoid the appearance of a conflict of interest, and to ensure integrity in the prosecution of any such charges,” the city said in a statement.

Mays has not yet been arraigned on the matter.


Gildner has municipal law and prosecution experience and is corporate counsel for governmental bodies in Genesee, Lapeer and Oakland counties, including Swartz Creek, Holly, Richfield Township, Forest Township, Ortonville, Imlay Township, Marathon Township, Attica Township, Otter Lake, Arcadia Township and Gaines Township. He also represents the Genesee District Library, the statement said.

He has prosecuted thousands of cases in his 19-year career. In 1997, Mothers Against Drunk Driving named him Prosecutor of the Year for his work in a particularly high-profile case that ended in conviction, the city said.

Gildner lives in Lapeer and has a law firm in Flint.


Earlier on Tuesday, Dec. 3, Mays retained his First Ward council seat following a recount of the November election results.


Dominic Adams is a reporter for The Flint Journal. Contact him at dadams5@mlive.com or 810-241-8803. Follow him on Twitter, Facebook or Google+.
Post Tue Dec 03, 2013 10:04 pm 
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untanglingwebs
El Supremo

Alcohol Blackout – Facts & Behavior

Posted by Jane in Alcohol Addiction, Alcohol Withdrawal Symptoms, Drinking and Driving on Aug 29th, 2011 | no responses


Alcohol Blackout Facts & Behavior An alcohol blackout is not the same thing as passing out from alcohol drinking. When a person passes out from alcohol drinking they will become unconscious, comatose, sometimes at risk of death due to continued absorption of alcohol into the blood after the drinker has passed out, perhaps in danger, and in need of protection. Urgent medical assistance is required if you believe that a person has consumed a toxic level of alcohol before passing out.

The alcohol blackout however, is a completely different situation. An alcohol blackout can occur after drinking any amount of alcohol, although alcohol blackouts are most commonly associated with people who have an extremely high tolerance for alcohol. Alcohol blackouts happen, with people who can drink and continue to function – with absolutely no memory of the event.

Two books written about alcohol blackouts are The Alcohol Blackout - walking, talking, unconscious and lethal - by Donal F Sweeney in 2004, and the sequel “Cries from the Abyss” – Alcohol Blackouts Revealed – also by Sweeney are definitive works for anyone concerned about alcohol blackouts that they have, or alcohol blackouts in loved ones.

see reference:

When a person has suffered an alcohol blackout and is unable when next awakening to remember what they were doing when they were intoxicated, it is not that they have lost their ability to access their memory and remember what they did.

During an alcohol blackout – no memories are created. Alcohol blackouts can be complete – in that a person has no recorded memory for a complete period of time, or they can recall parts of a sequence of events, but do not realise that there are “gaps” in their memory of the complete sequence unless their memory of the events is specifically raised as an issue.

Alcohol blackouts are a form of amnesia brought on by alcohol drinking. Chronic alcohol abusers who frequently suffer from blackouts might be bemused and express concern about their plight in being unable to recall the events of the night before, but as with alcohol hangovers, there can be a tendency to shrug off both hangovers and blackouts as being a serious problem for the drinker.

Alcohol appears to affect the transfer of short term memories into permanent long term memory. Even with small to moderate amounts of alcohol drinking, it can produce what Ryback (1971) called cocktail party memory deficits - an inability to remember another persons name, or what has just been said in conversation. Formal studies show that with modest alcohol drinking people will have difficulties learning items on a word list, or learning to recognize new faces.

As the dose of alcohol increases, so does impairment of memory.

see article:

The loss of or severe interruption to the ability to form long term (permanent) memories is a very serious matter.

An inability to encode and store autobiographical memories has implications for the experience and integrity of Self. Autobiographical memory is our history, memories selected and stored referenced to their meaning and importance to us, a unique imprint of our history, a record of our journey in life.

To lose a part of our historical life due to an inability to have recorded it can have profound psychological effects. To have part of our autobiographical history recorded in a manner that is incoherent, jumbled and fragmented is disturbing.

People with dementia, post traumatic stress disorder, some types of mental illness can be filled with anxiety, become depressed when attempts to access memories bring a sense of “nothing” being there, or the conscious mind becomes “flooded” with fragmented and disturbing memories from the past.

Sometimes fragmentary memories can emerge as “flashbacks”, with an intensity that makes people feel they are going “mad”, that they have lost control of their mind. Alcohol abuse causes mental disorder and memory disturbance, and effects can be intensified when alcohol is used with stimulant drugs.

A person who is suffering from the effects of an alcoholic blackout might feel guilty or ashamed - it is pointed out in the reference work – The Alcohol Blackout - that the frequency of alcohol blackouts is typically under reported, as is the experience of having problems with alcohol drinking.

People can of course get themselves into enormous amounts of trouble during an alcohol blackout. Whatever a person chooses, or feels impelled to do, seems to occur without restraint, and without connection to intellect or conscience. The high levels of alcohol in the body sedates the brain functions that usually cause us to have inhibitions and to moderate our behavior. When in an alcohol blackout, we are merely responding to our environment in a reactive manner – a walking, talking zombie.

Regular alcoholics for whom blackouts are commonplace speak of waiting in the morning after to hear reported back to them, the details of what they were doing while in a state of alcohol induced fugue. The feedback can be alarming – performing unprotected sex with a complete stranger, with nothing of the entire event recorded in the memory, people have woken up to find that they have committed murder, assaulted someone or otherwise got into trouble with the law.

The events that people with alcohol blackouts get involved in can be profounding disturbing but the worst aspect of any alcohol blackout is the total lack of recall for the events, in the alcohol drinker.

[/b]
Post Tue Dec 03, 2013 10:32 pm 
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untanglingwebs
El Supremo

"The alcohol blackout however, is a completely different situation. An alcohol blackout can occur after drinking any amount of alcohol, although alcohol blackouts are most commonly associated with people who have an extremely high tolerance for alcohol. Alcohol blackouts happen, with people who can drink and continue to function – with absolutely no memory of the event."

Maybe Mays needs to drop his defense that he was drugged and enter rehab.
Post Tue Dec 03, 2013 10:34 pm 
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untanglingwebs
El Supremo

Default: Elected/Appointed Officials - Michigan Municipal ...


www.mml.org/resources/publications/one_pagers/opp_default_elected.pdf · PDF file

Default: Elected/Appointed Officials Introduction Many charters of Michigan home rule cities and home rule villages contain provisions indicating that a candidate for
Post Wed Dec 04, 2013 7:47 am 
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untanglingwebs
El Supremo

Many charters of Michigan home rule cities and home rule villages contain provisions indicating that a candidate for elected office, who is in default to the municipality, is ineligible or disqualified for office.

Similar provisions also exist with respect to appointed positions. The Metropolitan District Act also prohibits a district from making any contract or “[giving] any official position to anyone who is in default to the district or city, village or township comprising same.”

MCLA 119.5. Some charters specifically define what constitutes “being in default.” Most, however, do not.

Definition of “default”
A very narrow definition of the term “default” was given by the Michigan Attorney General in the depression era. In 1935, the Attorney General opined that for there to be a default, “a willful omission to account for or pay over funds
belonging to the city with a corrupt intention” is required. OAG 1935-1936, No. 120, p. 316.

A later Attorney General opinion also requires specific intent.

United States District Court Judge Robert Holmes Bell, in the 1995 decision of Corrigan v City of Newaygo, rejected the narrow definition used by the Attorney General and indicated that the term “default” should be interpreted according to its commonly accepted meaning.

In doing so, Judge Bell examined the term “default” as used in the Home Rule City Act, MCLA 117.5(f) which states that a city does not have the power to make a contract with, or give an official position to, one who is in default to the city. The decision was affirmed by the federal Sixth Circuit Court of Appeals. Corrigan v City of Newaygo, 55 F3d 1211 (1995).

In a deliberate attempt to avoid challenges of construction and vagueness, the General Law Village (GLV) Act, as amended in July, 1998, provides the following definition: “[a] person in default to the village is not eligible for any office in the village.” The GLV Act further provides that all votes in an election for or any appointment of a person in default to the village are void. “In default” is defined as being delinquent in payment of property taxes or a debt owed
to the village, i.e.,

1) the taxes remain unpaid after the last day of February in the year following the year in which they are levied,
unless subject to an appeal, or

2) another debt owed to the village remains unpaid 90 days after the due date unless the debt is a subject of an administrative appeal or contested court case.

The GLV Act further provides that if any officer is alleged to be in default as defined, the office “shall be declared vacant.” MCLA 62.11. Although not specifically stated, it would be prudent for council to declare, by resolution, the vacancy of the office.
Post Wed Dec 04, 2013 7:52 am 
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untanglingwebs
El Supremo

Opinion #7241


www.ag.state.mi.us/opinion/datafiles/2010s/op10318.htm

The following opinion is presented on-line for informational use only and does not replace the official version.
Post Wed Dec 04, 2013 8:16 am 
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untanglingwebs
El Supremo

Was Mays even eligible to be on the ballot.

District Court records show a number of tickets for Mays that while closed administratively, still reflect the fines have never been paid. These cases go back to the year 2000.

01A85379 prohibited parking Flint park & Saginaw $54
00A075561 parking on Saginaw $30
01A79596 prohibited parking Saginaw & Tilden $54
02A94902 prohibited parking Flint Park & Saginaw $54

This does not include the parking in a handicapped space ticket he got in Swartz Creek on 11-15-2012 for $240.

He may have a pass on the 2012 Flint case on disturbing the pace as he has appealed the case to the Circuit court.

The case of Corrigan even included unpaid water and sewer charges. The property records are unclear as to the ownership of 2814 Mackin and whether he resided there at the time of his entrance in the election.

He did pay his unpaid campaign finance fines when they were brought to the public's attention.
Post Wed Dec 04, 2013 8:32 am 
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untanglingwebs
El Supremo

Eric Mays' attorney says conflict remains with Flint's special prosecutor


Dominic Adams | dadams5@mlive.com By Dominic Adams | dadams5@mlive.com
Follow on Twitter
on December 04, 2013 at 5:44 PM, updated December 04, 2013 at 5:45 PM


FLINT, MI – The defense attorney for a Flint city councilman accused of drunken driving and marijuana possession wants an independent attorney to prosecute the case.

Eric Mays was arrested and jailed about 2:50 a.m. Saturday, Nov. 30, for alleged drunken driving and possession of marijuana after police said they found him trying to change a tire on a car with four flats on Interstate 475 near Carpenter Road.

On Tuesday, Dec. 3, Flint City Attorney Peter Bade appointed Michael J. Gildner as special prosecutor in the case.

“In my mind that doesn’t extinguish the conflict,” said Frank Manley. “If Bade appoints, Bade can fire. So how is Bade not controlling the case? My position is the conflict remains.”

It’s not a reflection on Gildner, Manley said, but Manley wants an independent attorney to look at it.

Unlike the process that requires county prosecutors to seek a special prosecutor through the Michigan Attorney General’s Office, Bade said he has the authority to pick a special prosecutor himself.

When asked about Manley's take on the appointment, Bade said that Manley “can make his argument in court,” Bade said.

Manley said Mays still has not been formally charged in the case.

Flint City Council President Scott Kincaid said the governor has the power to remove an elected official from office, but would not say if he thought Mays should be removed.

“I just think it was terrible what happened,” Kincaid said of Mays’ arrest. “It really hurts the image of our community.”

Emergency Manager Darnell Earley has spoken with Gov. Rick Snyder about the issue, city spokesman Jason Lorenz said.

“At this point (Earley) doesn’t have anything concrete to say,” Lorenz said.

Dominic Adams is a reporter for The Flint Journal. Contact him at dadams5@mlive.com or 810-241-8803. Follow him on Twitter, Facebook or
Post Wed Dec 04, 2013 6:18 pm 
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untanglingwebs
El Supremo

Councilman Neeley has good institutional memory as he confronted Peter bade. As Neeley remarked in a previous council meeting, the issue of the Chief Legal Oficer representing both sides was decided by a Federal Judge.




Here is the case:
December, 2006 :: Michigan Court of Appeals - Unpublished ...PEOPLE OF MI V. KIERRE SMART, 263435, 12/28/06. TRACHELLE C YOUNG V . FLINT CITY COUNCIL, 263310, 12/28/06. JEANETTE MEYER V. EST OF ...http://law.justia.com/cases/michigan/court-of-appeals-unpublished/2006/december/ - 72k - Cached - Similar pages



The Flint Journal Story:

City attorney, council members have heated debate at investigative hearing

Published: Tuesday, November 22, 2011, 10:06 PM Updated: Tuesday, November 22, 2011, 11:35 PM

By Kristin Longley | Flint Journal

FLINT, Michigan -- Flint City Council members and the city attorney faced off at the council's investigative hearing tonight, as City Attorney Peter Bade requested some witnesses not answer certain questions about the city's energy grant in public.

Bade several times throughout the four-hour hearing told council members that questions about the U.S. Department of Energy's termination of a $1.1 million grant would have to be asked in executive session, which would be closed to the public.

Bade said that because the city is appealing the termination, it is a legal matter and subject to attorney-client privilege.

Several council members were unhappy with that decision.


"What a waste of time," Councilman Michael Sarginson said. "We can't get nobody to answer questions... We are not getting information."

Councilman Sheldon Neeley requested that portions of the testimony be forwarded to a judge for a legal review.

"I believe Mr. Bade is seriously, seriously in conflict here," he said.

Bade said he doesn't have a problem with the questions council members were asking, but doesn't want them answered in a public setting.

"That would have a detrimental effect on the legal position of the city," he said.

Last edited by untanglingwebs on Wed Nov 23, 2011 6:00 am; edited 2 times in total


Post Wed Nov 23, 2011 5:29 am
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untanglingwebs
F L I N T O I D


From the Court of Appeals case:



"Defendant (Trachelle Young) argued and the Trial Court agreed, that when the CLO (Chief legal Officer) sues the City Council on behalf of the Mayor or some other entity within the City, a conflict of interest is created. The core of the argument is that the CLO cannot represent or direct the representation of the City if the CLO is bringing a lawsuit against the City, as such a situation would put the CLO effectively on both sides of the litigation."...

"As ClO, plaintiffs obligations include directing the legal affairs of the City, appointing all assistants, serving as the attorney for the City, directing the management of all legal matters in which the City is interested, and either personally or through assistants, representing the interests of the City in all actions or proceedings by or against the City or its officers and employees. At issue here is what happens to those obligations when the two principal entities within the City, the Mayor and the City Council , end up on opposite sides in litigation. Per MRPC 1.13, plaintiff represents the City itself, as an organization, rather than any of its component parts. reading the Rules and the Charter together, logically plaintiff cannot personally represent one entity within the City against another, because she cannot represent both parties. However, Plaintiff is still bound by her obligation to direct the legal affairs of the City, meaning both the mayor and the Council. The clear alternative is to select and retain independent legal counsel for both parties. Only by declining to personally represent either party, while in good faith choosing counsel for each can plaintiff comply with both the MRPC and the Charter."

Last edited by untanglingwebs on Thu Nov 24, 2011 7:10 am; edited 2 times in total


Post Wed Nov 23, 2011 5:51 am
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