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Topic: Is it time for Kincaid to retire from Flint city Council?

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untanglingwebs
El Supremo

State court of appeals says county judge wrong in Flint trash dispute




Email Jiquanda Johnson | jjohns16@mlive.com By Jiquanda Johnson | jjohns16@mlive.com

on September 09, 2016 at 9:30 PM, updated September 09, 2016 at 9:31 PM
FLINT, MI – The Michigan Court of Appeals has reversed a county judge's decisions regarding Flint's controversial garbage contract.

According to documents filed by the Court of Appeals, Genesee County Circuit Court Judge Joseph Farah could not place an injunction on Mayor Karen Weaver's administration nor could he order the City Attorney to appoint an attorney to represent the Flint City Council in a lawsuit against Weaver's office over a trash contract dispute.

"The court orders that the Genesee Circuit Court's August 11, 2016 order granting a preliminary injunction is reversed," said the decision from Michigan Court of Appeals. "Plaintiffs did not meet their burden of proving a need of a preliminary injunction because they could not show that they are likely to prevail on the merits of their action."

Farah could not be reached for comment on the ruling.

The state-appointed Receivership Transition Advisory Board voted against the city paying for attorneys to represent the Flint City Council in a legal battle against Mayor Karen Weaver and her administration regarding the city's trash contract.
Weaver would not comment on her next move but said she is pleased with the Court of Appeals decision.

"Mayor Weaver is pleased to learn that the Court of Appeals has granted the appeal filed by the City in response to the judge's decision made previously regarding the waste contract," said a statement issued by Flint spokeswoman Kristin Moore. "The Mayor is still assessing the matter and has no further comment at this time."

The trash contract has been an ongoing issue since June when council members voted against an recommendation from Weaver's office to hire Rizzo Environmental Services to haul the city's trash saying it would save Flint $2 million over five years.

The council argued that Rizzo may be the lowest bidder but they questioned the company's integrity and said they lacked transparency when questioned about whether former Mayor Woodrow Stanley served as Rizzo's consultant and if the company did work in Canada.

Rizzo's bid came in at $17,418,644 which was $2 million less than Republic Waste Services' bid for a five-year contract with the city. Both Farah and council members say the bids can't be compared because of various differences including a blight plan offered by Republic, the city's current trash service provider, that was not in Rizzo's bid.

Under Farah's injunction, Weaver's office has been forced to continue using Republic Waste Services -- the city's current garbage removal service provider -- to haul the city's trash while the council and Weaver's administration worked out the ongoing trash contract dispute under his order.

In addition, Farah ruled that City Attorney Stacy Erwin Oakes had to hire attorney Barry Wolf to represent the city council. A decision that was also appealed and reversed.

"In the eyes of the Legal Department the Executive Branch, Legislative Branch and the Judicial Branch were engaged in this process," said Erwin Oakes. "Therefore, it was important to receive clarity on everyone's role as we move forward with serving the residents of the City of Flint."

There were a total of three appeals filed. The Flint Journal could not immediately reach Wolf nor council members for comment.

Wolf told the Flint Journal in an earlier unrelated interview that the council and Weaver's administration had met four times to hash out details regarding the trash issue.

"They're making progress," Wolf said after a Sept. 9 update hearing with Farah. "Both sides are open and honest in terms of how they look at the documents. Now they are going to move on to how the bids were evaluated. The hope is by the end of the process they have a waste contract."

Rizzo also filed an appeal which was denied but representatives for the trash hauler said they are happy with the court's decision to reverse Farah's injunction under the city's appeal.

"The Court of Appeals found everything that Judge Farah did to be wrong," said Joseph Munem. "There was no argument, there was no hearing. They read it and reversed it. What it sounds like is they did it because there was nothing that Judge Farah did here based on the law."



TheStruggle
The Michigan Court of Appeals disagreed with the Orders of Genesee County Circuit Court Judge Joseph Farah! The bogus lawsuit filed by Councilmembers Scott Kincaid, Wantwaz Davis, Jackie Poplar, Victoria Van Buren, Kate Fields, Monica Galloway, Herbert Winfrey and Council President Kerry Nelson shouldn't have been heard, peroid! What a waste of taxpayer's dollars! No wonder Flint is still under the State of Michigan PA 436!
Post Sat Sep 10, 2016 6:05 am 
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untanglingwebs
El Supremo

Kincaid seemed to be so prideful after his win on the water issue that he raced to file a lawsuit against Mayor Weaver using the Flint Council's name without the approval of Council. Then a special meeting had to be called so the Council could join the court case.

Kincaid and Poplar were in office when the Appeals Court confirmed that only the City Attorney can appoint n attorney for council. Farah and Neithercutt were the judges in the three cases that former City Attorney Trachelle Young appealed because of. The Court of Appeals supported her then and these two knew it.

Also, I can't believe Judge Farah made another ruling to force the City Attorney to pay for an attorney selected by a council member, who was not even the current President of Council! Wasn't he aware of the previous Appeals Court ruling? This was a pretty prominent case to be reversed for the Judge as it made headlines.


Last edited by untanglingwebs on Sat Sep 10, 2016 7:07 am; edited 1 time in total
Post Sat Sep 10, 2016 6:17 am 
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untanglingwebs
El Supremo

Another question is why do Circuit Court Judges think they can run the city, especially when there is an absence of laws relating to their cases.


http://www.flinttalk.com/viewtopic.php?t=12359

The Flint talk link featuring the Trachelle Young Appeals Court decision

It also details how a City attorney needs to prevent overbilling in cases by the City. Young negotiated these hourly rates to stay within her budget. In the Neithercutt case shown in the above posting, Neithercutt pointed out blatant instance of a law firm padding the bill to harass the Plaintiff. However, he then waffled . The City was paying out over $200,000 for defense when the Plaintiffs were spending less than $60,000. There neds to be a balance between a prudent defense and a city throwing away money it doesn't have.
Neithercutt was waffling and seemed unsure of himself at time.


Last edited by untanglingwebs on Sat Sep 10, 2016 7:08 am; edited 1 time in total
Post Sat Sep 10, 2016 6:19 am 
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untanglingwebs
El Supremo

Thankfully he flint campaign finance reports are now available online. As I reviewed Scott Kincaid's most recent reports,I had to question where his loyalties are.

The three time amended report pivoted on fundraiser held at the Flint Golf Club that raised $ 6,770 .

The big contributors:
*Note : there are many contributors linked to the Gensee-Flint Chamber of Commerce and the Uptown Reinvestment group.

Tim Herman $300
John Matonich $100
Ridgeway White $300
Ghassan Saab $300
Geoge Hamo $300
Lawrence Moon $200
Steven Landall $300
Gary Hurand $300
Universal Ambulance Service $300
Richard King Jr, $300
Dovey Richter $100
Damion Frasier $300
Francis manley $300
Robert McDonald $100
Greater Flint AFL-CIO $$300
*Pifer Inc $150 (corporate donations are not allowed)
UAW Mihigan V PAC $2,000
Genesee landlords Association PAC $300
Page 8 of 9 showed a second UAW $2,000 donation. This one was UAW Region 1 D V Michigan V PAC at 1940 W Atherton


Last edited by untanglingwebs on Sat Sep 10, 2016 7:05 am; edited 1 time in total
Post Sat Sep 10, 2016 6:50 am 
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untanglingwebs
El Supremo

The most outstanding expenditure was made to Val Washington in the amount of $2,600 for consulting fees.

Last edited by untanglingwebs on Sat Sep 10, 2016 7:03 am; edited 1 time in total
Post Sat Sep 10, 2016 6:54 am 
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untanglingwebs
El Supremo

The Post Election 2013 report shows another UAW International Union, Solidarity House donation in the amount of $5,000. Genesee Landlord Association gave another $200.
Post Sat Sep 10, 2016 6:58 am 
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untanglingwebs
El Supremo

The 2009 report shows:

Michigan Builders & Construction Trades Council $100
Tim Herman $500
Loyst Fletcher $300
Jim Patton $200
Thomas Panek $500
Henry Fracaloni $200

Genesee Landlords Association $500
Post Sat Sep 10, 2016 7:03 am 
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untanglingwebs
El Supremo

Also, Kinaid and Poplar were part of the council that voted to take the Department of Energy grant from a 17 yer experienced company and give it to the newly formed Kate Fields company, Advanced Solutions. Her only experience was that she had "built two energy efficient homes"

What she didn't say was hat she built them in a gang neighborhood, misused a Mott Foundation grant and hd to be bailed out by MSHDA so she wouldn't have a HUD violation!
Post Sat Sep 10, 2016 7:14 am 
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