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Topic: Chaos reigns again at council meeting
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untanglingwebs
El Supremo

Uproar continues over emergency manager's order to move, reduce public comment time

The public attends a City Council meeting for the vote on the seven point plan on Monday, April 7, 2014 at the City Hall building in downtown Flint. Katie McLean | MLive.com

Katie McLean


Roberto Acosta | racosta1@mlive.com By Roberto Acosta | racosta1@mlive.com
on April 07, 2014 at 9:30 PM, updated April 07, 2014 at 10:10 PM



FLINT, MI – Residents were joined by some council members in condemnation of Emergency Manager Darnell Earley’s decision to move and limit public comment time during city council meetings.


Police stay vigilant as Alex Harris of Flint argues with Councilman Bryant Nolden after a City Council meeting on Monday, April 7, 2014 at the City Hall building in downtown Flint.

Katie McLean | MLive.com


A prolonged discussion on the issue by council members included a rejected move to recess for 20 minutes and moving up public comment to allow residents to address the council prior to a vote on the seven-point transition plan that was approved later in the meeting.

“I am ashamed of you as a body,” said resident Nayyirah Shariff, who took part in a protest at Flint City Hall Friday, April 4 in regards to the move by Earley to move the comment period and cut it from five to three minutes.

Resident Bethany Hazard took issue with the change, cautioning council members that “What (you) are doing is driving people out of the city and more of the tax base.” Several people in the audience voiced their displeasure out loud throughout the meeting.

At one point, resident Alex Harris engaged in a heated discussion with Councilman Bryant Nolden in the hallway outside the elected body's chambers.

Councilman Wantwaz Davis said he did not want the residents of the city to be disenfranchised with Public Act 436, adding “I believe in democracy and right now what we do not have is democracy.”

But Council President Scott Kincaid said the directive by early did not allow for alteration of the agenda, with City Attorney Pete Bade noting if anyone changed items they would be subject to potential removal from office, with which Councilman Sheldon Neeley took some issue.

“Mr. Bade, you will not intimidate me,” he said. “Please do not go forth and try to intimidate with your legal jargon.”

Neeley further said "It’s important to hear form the public on something that’s impacting this community as it’s moving forward" in regards to Earley's plan.


Earley states in the document that "This order is for the purpose of ensuring the business of the city of Flint conducted at City Council meetings occurs in an orderly, dignified and efficient manner, reflecting the level of professionalism deserved by council members, city officials, staff and the public."

"It provides the public with the chance to express themselves," Earley previously said. "These are not normal times in the city of Flint ... Our first priority is to take care of the business of the city of Flint."


Last edited by untanglingwebs on Tue Apr 08, 2014 9:17 am; edited 1 time in total
Post Tue Apr 08, 2014 6:41 am 
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untanglingwebs
El Supremo

At one point, resident Alex Harris engaged in a heated discussion with Councilman Bryant Nolden in the hallway outside the elected body's chambers.

Councilman Wantwaz Davis said he did not want the residents of the city to be disenfranchised with Public Act 436, adding “I believe in democracy and right now what we do not have is democracy.”

But Council President Scott Kincaid said the directive by early did not allow for alteration of the agenda, with City Attorney Pete Bade noting if anyone changed items they would be subject to potential removal from office, with which Councilman Sheldon Neeley took some issue.

“Mr. Bade, you will not intimidate me,” he said. “Please do not go forth and try to intimidate with your legal jargon.”

----------------------------------------------------------------------------------------------

Truth is this is nothing but as token vote that passed 5 to 4. Council really has no rights as Earley threatened to put it in place without them.

The law even forbids changes to rules of the Emergency Manager after he leaves.

Since Tim Herman and other Chamber of Commerce members were on the Blue Ribbon committee expect the recommendations to favor their power grab.
Post Tue Apr 08, 2014 6:59 am 
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untanglingwebs
El Supremo

Alex Harris was removed from the council chambers by police after Nolden requested the removal, supported by Kincaid, because Harris was making "cat calls" from the audience. Nolden told Harris he would meet him in the hallway later. Nolden said he meant he would talk to him, but Harris said he interpreted it as an invitation to fight.

The meeting in the hallway became contentious as Harris accused Nolden of making a racial slur. Nolden, who just received his Masters in Public Administration, stated he used a different word and Harris misinterpreted him. Alex Harris, a former prison guard, told Nolden that he had plenty of scuffles and taunted Nolden to take him on.

The photo of Nolden having to lean down to even talk to Harris is a hoot.

Harris has taunted and threatened other council in the past. During the Williamson administration Harris intimidated women working for the administration. A friend told me she thought the one woman was strange after she ran into the elevator crying and asking for help. It seems it was her first day on the job and Harris taunted her and chased her to the elevators from the council chambers. The woman said she had no idea who Harris was and thought he was "some nut job".
Post Tue Apr 08, 2014 7:30 am 
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untanglingwebs
El Supremo

Van Buren, Poplar, and Nolden were threatened with recalls.

Nolden is not sure how he was appointed to the Blue Ribbon Committee and he disagreed with the secretive nature of the meetings. Nolden said he is aware that at some point the plan must be discussed in public.
Post Tue Apr 08, 2014 7:31 am 
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untanglingwebs
El Supremo

Nolden will appear on the Mike Killbreath show later this week to discuss what happened.

Nolden always has his computer and he makes notes, especially of relevant comments from the public.

When Harris got up to speak, Harris demanded that Nolden remove his computer. because the computer screen was disrespectful. Nolden replied that the public could see him.

Later, when Nolden spoke and stated that he does not disrespect the public and commented on his many services to his constituents. Alex Harris was said to begin loudly heckling Nolden from the back of the room. "get off your soapbox Wah Wah wah!" was among the comments Harris allegedly made. Harris told him to "shut Up".

Nolden told Harris he wouls see him in the hallway as he did not disrespect his elders. The police finally removed Harris into the hallway.


This is a case of poor leadership in the council. The President should have asked for order and he should have had Harris removed. This has been a long time ongoing issue. Any councilperson could have asked to restore order and none did.
Post Tue Apr 08, 2014 9:07 am 
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untanglingwebs
El Supremo

The two white officers stood and watched the confrontation. Harris is a former corrections officer with the Michigan Prison System. The Police unions supported Harris in his unsuccessful bid for City Council. They allowed Harris to confront Nolden unchallenged.

Harris continued to call Nolden a "coward" and a "sell out". Nolden defended his position but Harris persisted, Nolden finally told Harris he better back away and went to enter his office. Harris threw some final taunts and Nolden called him a M*F* punk. He denies he ever called Harris a honkey.
Post Tue Apr 08, 2014 9:26 am 
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untanglingwebs
El Supremo

Well spoken!

Paul Jordan11 minutes ago
Edmund Burke is quoted as having said that, "All that is necessary for evil to triumph is for good men to do nothing". Though he lived hundreds of years ago, he could have been talking about Flint right now.
I do not envy our city council people. They serve at the pleasure of an unelected and unaccountable emergency manager. They can speak at meetings only so long or under such circumstances as Mr. Earley permits, and must vote on those subjects and only those subjects that Mr. Earley proposes. If they violate his orders, they risk being made officially invisible. If they reject his proposals, he'll just do them anyway.
If this current situation isn't puppet government than I don't know what is.
Even under these circumstances, they still have some power--if they are brave enough to use it. It is my great hope that the city council rejects the roles of puppets, and responsibly votes their consciences on this and all other issues. To persist, dictatorships always require a basic level of cooperation and compliance from their subjects. If the city council insists on operating according to their own responsible and business-like rules, then it will be Mr. Earley who faces the difficult choice of whether to bow in this small (but significant) way to the principles of democracy, or continue to play the role of arbitrary dictator. If he replaces a city council that is acting reasonably, then he will have let the mask slip from the face of tyranny and more people will see it for just what it is
Post Tue Apr 08, 2014 9:35 am 
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untanglingwebs
El Supremo

Nolden was placed on the Blue Ribbon Committee. He states that the plan must come to the public and that is why he supported the measure.

What will happen when the current EM law is debated in court?
Post Tue Apr 08, 2014 9:37 am 
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untanglingwebs
El Supremo

Flint City Council approves emergency manager's transition plan during heated meeting
Roberto Acosta | racosta1@mlive.com By Roberto Acosta | racosta1@mlive.com
on April 07, 2014 at 8:34 PM, updated April 07, 2014 at 9:50 PM

t

FLINT, MI -- The much debated seven-point transition management plan from Emergency Manager Darnell Earley has been approved by the Flint City Council followed by an uproar from residents in the audience.

The plan was approved on a 5-4 vote, with council members Jackie Poplar, Bryant Nolden, Scott Kincaid, Victoria VanBuren and Josh Freeman voting yes. The plan includes a deficit elimination plan, five-year financial analysis, governance, organization development, legacy costs, a strategic plan and sustainability.

Earley has said the plan is needed before he would move ahead with forming a transition advisory board that would begin the process of removing Flint from state oversight and back to local control. The decision came after the plan was tabled during a March 24 council meeting to allow for more review.

Nolden called the plan “a framework in order to move us forward.” He said of the 45 to 50 phone calls he’d received over the weekend about the plan, none of the people opposing it could offer a good reason not to pass the measure.

Freeman called it reasonable, and said there was nothing in the document that was outrageous. He added, “This is probably the most power the folks in this community and their elected officials have had in the last two and a half years.”

Voting against the plan, Councilman Wantwaz Davis said, “I do think we need a plan, but because we need a plan don’t mean the plan presented to us is the right plan.”

He agreed on the need for deficit elimination and five-year sustainability plans, but “I don’t like the other stuff,” especially a blue ribbon committee he said would disenfranchise a large portion of the city’s residents. He called for a 10-point plan for jobs and revenue.

“We work for you. If you can’t be heard, it’s a definite no from me,” said Councilman Sheldon Neeley said. Several residents at the meeting voiced their concerns over the plan, including Alex Harris.

“I’ve been around the city a long time and this is really one of the low points” he said, calling the course of action by the council misguided and acquiescing to the emergency manager.

“The bottom line is this… you didn’t serve this community well,” said Harris. “You signed onto something you have no idea about.”
Post Tue Apr 08, 2014 10:53 am 
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untanglingwebs
El Supremo

_____________________________________________________________

FYI:
Please find the invitation sent to Mr. Nolden asking him to appear on my broadcast to explain his votes. Mr. Nolden reply was NO

Sent: Councilman Nolden: I am compelled to let you know how disappointed again I am for the way you voted on last night's resolution and motions! It's not what you say that counts, but how you VOTE! In other words, your actions spoke louder than your words.

When you first became the elected representative of the 3rd Ward, I tried very hard to help you to become an effective councilman for the People. I often tried to give you some directions and advise regarding city government and the 3rd Ward. I explained to you time and time again, that it's wasn't what you said, but it was all about how you vote. Time and time again, when the correct vote was needed on behalf of the 3rd Ward, you failed us

! When your vote for Donna Poplar was needed (after a commitment to Mr. Eason), you failed your friend Donna. When your vote for Councilman Eric Mays was needed after you committed you would vote for him for president, you also failed your friend.

When I both called and texted you, you didn't have the grace to return my call or text. If 45-50 people called you and asked you not to support the E.M. 7 point plan, including myself, you turned a deaf ear to We the People cries! Mr. Nolden, something is wrong with that picture! All being said, the vote has passed against the will of the People that contacted you. I'm inviting you to be my guest on the "Truth shall make you free" broadcast this Saturday morning on Flint's gospel radio station WFLT 1420 am from 9:30-10am. This is a call in show 810-239-5733 and calls are welcome. Will you accept my invitation to appear "live" on my show? I know you don't return my calls, but a simple text yes or no (without explanation) will suffice. Thank you, AC Dumas 810-275-5339
Post Tue Apr 08, 2014 5:54 pm 
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untanglingwebs
El Supremo

Donna Poplar and Eric Mays both allegedly worked on the campaign for AC Dumas to defeat Bryant Nolden in the Third ward elections. Word was Poplar was angry that Nolden was not at the vote on her being on the Hurley Board of Directors and she was furious. Nolden was working on a grant presentation for the Berston Center and is not apologetic for putting the constituents ahead of Poplar's ambitions.

Per this e-mail, Mr. Dumas considers himself the expert on being an effective councilman and choses to chastise Nolden for going his own way.

Nolden says he never promised to vote for Donna Poplar for the Hurley Hospital Board. He also says he never committed to support Mays for President. Nolden votes his conscience, so who does he have to answer to?

The desires of a small group of people who are not in possession of all of the facts do not always make a persuasive argument. Some of these same speakers were part of a Acorn group that entered the chambers chanting and later made an attempt to take over City Hall. Harris and Shariff were part of the attempted take over.


Can you imagine council if Mays was the council president?
Post Tue Apr 08, 2014 6:09 pm 
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untanglingwebs
El Supremo

I understand Nolden is not available for the radio show on Saturdays.
Post Tue Apr 08, 2014 6:12 pm 
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untanglingwebs
El Supremo

Judge reopens case challenging Michigan emergency manager law

EFM protestors denied access to Coleman A Young Building
Protestors rally in Detroit after the March 27, 2013 filing of a lawsuit challenging Michigan's emergency manager law. The case was delayed by Detroit's bankruptcy filing, and a federal judged ordered it reopened Thursday, Feb. 6, 2014. ((Tanya Moutzalias | MLive files))

Khalil AlHajal | kalhajal@mlive.com By Khalil AlHajal | kalhajal@mlive.com

on February 07, 2014 at 12:18 PM, updated February 07, 2014 at 2:28 PM



DETROIT, MI -- A federal judge has reopened a case challenging Michigan's emergency manager law.

A group of 21 Detroit, Flint and Benton Harbor along with the American Federation of State, County and Municipal Employees filed a lawsuit in March 2013 claiming Constitutional civil rights and voting rights violations.

The lawsuit was filed on the day Public Act 436 took effect, giving expanded powers to state-appointed emergency managers in financially troubled cities around the state.

The plaintiffs argued that the law "establishes a new form of local government, previously unknown within the United States or the State of Michigan, where the people within local municipalities may be governed by an unelected official who establishes local law by decree."

The lawsuit was put on hold after Detroit filed for bankruptcy in July.

But U.S. Bankruptcy Judge Steven Rhodes agreed in November to lift the stay in the case, on the condition that the it wouldn't seek the ouster of Detroit Emergency Manager Kevyn Orr, which would threaten the city's Chapter 9 restructuring.

He reaffirmed that decision in December.

The state last month appealed the ruling and asked U.S. District Judge George Caram Steeh to hold off on continuing the lawsuit until the appeal is resolved.

The plaintiffs argued that "are entitled to their day in court" and that the case should not be delayed any further.

And Steeh on Thursday ordered the case reopened, clearing the way for the filing of an amended complaint to exclude pursuit of Orr's ouster.

"This ruling means we can continue to seek justice for Michigan voters," said John Philo, legal director for the Sugar Law Center, which is one of several organizations representing the plaintiffs. "We intended to show that democracy and the rule of law trump the will of unelected officials."
Post Tue Apr 08, 2014 6:33 pm 
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untanglingwebs
El Supremo

The council may regain their control, however several structural deficits remain and bankruptcy may be a future option.
Post Tue Apr 08, 2014 6:35 pm 
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untanglingwebs
El Supremo

Rules for Members of the Public

Members of the public shall not engage in any of the following in the meeting room during a City Council meeting:
Shouting, unruly behavior, distracting side conversations, or speaking out when another person is talking.
Defamation, intimidation, personal affronts, profanity, or threats of violence.
Audible use of phones, pagers, radios, computers or other electronic equipment.
Booing, hissing, foot stomping, parading, singing or other similar behavior that impedes or disrupts the orderly conduct of the meeting.
Enforcement of Rules
The Rules of Decorum will be enforced in the following manner:

The presiding officer will request that a person who is violating a rule cease the violation.

If the violation continues, the presiding officer will warn the person that he or she will be required to leave the meeting room if the violation continues.
If the violation continues, the presiding officer will order the person to leave the meeting room.

If the person does not leave the meeting room, the presiding officer may order any peace officer at the meeting to remove the person from the meeting room.

It is unlawful for any person to intentionally or knowingly resist removal from a meeting room by a peace officer in the course of enforcing the rules.

Any person violating any provision of the Rules of Decorum commits a misdemeanor and is subject to a fine of up to $500 as provided in Section 1.015 of the San Marcos City Code upon conviction.

--------------------------------------------------------------------------------------------


Most communities have similar codes of conduct for the public. Kincaid needs to grow a backbone and deal with this chaos. The rest of council needs to speak up as well. No wonder Earley writes rules as council cannot maintain order by themselves.

People who attended the meeting criticized the behavior of Harris, who's behavior sounded more like what you would have expected from the other side of the prison bars.

Don't forget some of these same people disrupted council and City Hall as ACORN. They actually pushed people down at City Hall. This is not the protests of our past, these are rude, angry, disrespectful individuals.
Post Wed Apr 09, 2014 6:14 am 
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