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untanglingwebs
El Supremo
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At-will prerogative not utilized, but suspensions, probation and layoff were utilized
Only the females in office were subject to job interruptions and changes in duties
There were numerous contradictions and inconsistencies in Buchanan's statement and memos
There was an escalation after complaints were made (00213) |
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Sat Dec 10, 2016 2:59 pm |
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untanglingwebs
El Supremo
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The committee reccomends that the City of Flint take remedial and disciplinary action against Darryl Buchanan upon the sustained complaints of Deborah Milling and Rose Fizer.
Decision rendered Saturday, June 24, 1995
Furthermore, during the course of the investigation and review, several matters came to light, which, although they concerned the committee, were outside the purview of the committee: Those matters included:
1. Overall management by Daryl Buchanan- Qualifications of part-time clerical employees relative to existing employees/ nature of employment agreements and relationships.
2. An allegation that Darryl Buchanan announced (and later renounced) that office employees would be retired to take lie detector tests
3. A complaint by a City of Flint employee in a different department that Darryl Buchanan was abusive to her
The City of Flint may wish to look into these matters. (00214) |
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Sat Dec 10, 2016 3:13 pm |
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untanglingwebs
El Supremo
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Referral by Councilman Verdell Duncan, supported by Councilman Scott kincaid
Ask the Council President to develop a procedure for investigating the complaints that have been filed by those employees in the Ombudsman's Office, and that he brings back to council a detailed report on what he feels is necessary in order to make sure this investigation does take place in a timely manner.
First motion was concurred in unanimously
Further Amended: BY Councilman Scott Kincaid /supported by Ed Taylor
Motion that while we are going through this process and to ensure the integrity of the office and the integrity of the Ombudsman, that I think we should suspend the Ombudsman with pay while we do this process just to make sure that we ensure his integrity , we can ensure the integrity of what we are trying to do. |
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Sat Dec 10, 2016 3:32 pm |
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untanglingwebs
El Supremo
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There will no influence by the Ombudsman or any other source of what we are trying to do. There is no monetary loss to the Ombudsman. I think it ensures the integrity of the investigation that we develop, and that by doing it and removing him with pay, that we will swiftly and efficiently to get through this process and get back to whatever we nee to do to getting the Ombudsman's Office back to what it is supposed to be doing, and hat is responding to concerns and complaints of the esidents of this community.
Further Amended:
During any such suspension, that the City Clerk would superintend the day-to-day operations of the office, as he did during the period of time of the vacancy of that office
Further Amended:
Change the motion from "suspension" to "Administrative Leave".
Motion carried with Councilman Matt Taylor opposing. |
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Sat Dec 10, 2016 3:53 pm |
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untanglingwebs
El Supremo
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Report of Special Counsel August 7, 1995
The City Counsel appointed Attorney Charles A. Forrest Jr. of Forrest& Sirna , as special counsel to review the issue of official misconduct of the Ombudsman and whether official misconduct has occurred which would justify the removal of the Ombudsman.
As a result of the findings of the Review Committee on the sex harassment complaints, of Fizer and Milling, Council suspended Buchanan. After Buchanan filed a lawsuit,Judge Neithercutt determined the City din not have the authority to suspend the Ombudsman, even temporarily, pending an investigation, but could only remove the Ombudsman.
During a discussion of the meaning of "cause" for removal: |
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Sat Dec 10, 2016 4:23 pm |
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untanglingwebs
El Supremo
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" Accordingly, cause adequate to to justify the removal of a public official must not be trivial and the behavior involved must affect the public interest. It is my opinion that the Charter has bestowed upon the Council an element of discretion and latitude in defining "cause" in the context of public interest. While the Council should remain within certain basic guidelines as defined by the cases, it should not shrink from the exercise of its discretion in defining the public interest."
Forrest reminded Council that the concept of the Ombudsman was a recent development and the purpose of the office was a "remedial one , on the cutting edge of municipal functioning endowed with a special degree of trust and requiring a high degree of public confidence and freedom from scandal. Abuses in the office of Ombudsman could have a far different impact than abuses in more ministerial offices. "
"In this context the Council should also bear in mind Judge Neithercut's ruling that it cannot do something less than removal. It must, as the Judge said "fish or cut bait" and there re no interim solutions. |
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Sat Dec 10, 2016 4:52 pm |
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untanglingwebs
El Supremo
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1. The Council must, to some degree, develop its own definition of "cause" staying within the guidelines enunciated by the cases and
2. The Council must make its own credibility determinations with respect to the witnesses. |
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Sat Dec 10, 2016 5:09 pm |
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untanglingwebs
El Supremo
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Forrest discussed the allegations with staff and reviewed their transcripts:
1. Two long term members of the office staff and the recently hired deputy are unanimous in discerning a general pattern of erratic behavior which has affected the functioning of the office and the morale of the staff/ The treatment of Ms. Milling and Ms. Fizer was particularly troublesome. In the case of Ms. Milling, Mr. Buchanan appeared to treat her in an increasingly hostile manner, reducing her duties and ultimately offering to transfer her to a position which she had never occupied and for which she had no experience. In the case of Ms. Fizer, their amicable relationship came to a sudden conclusion and this was followed with disciplinary action and ultimate termination.
2. The action of Mr. Buchanan has produced anxiety among members of the staff and has affected the morale and he productivity of the staff. By virtue of the action taken against Ms. Milling and Ms, Fizer a lawsuit has been filed, the allegations of which appear to be, to a large degree, consistent with the investigation which the undersigned has conducted. |
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Sat Dec 10, 2016 5:34 pm |
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untanglingwebs
El Supremo
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3. In the early part of 1995 the Ombudsman permitted an attorney, identified as the office's attorney to members of the staff, to participate in the initial investigation of a complaint made to his office. It appears that his attorney may have subsequently used information he had obtained in this investigation to enable him to secure this complainant as a client against City police officers. By permitting this to occur, the Ombudsman may have improperly used compromised the interests of the City and allowed an individual to benefit from his personal relationship with the Ombudsman.
4. The Ombudsman held up he assignment and investigation of complaints for the stated purpose of applying pressure upon the City Council to secure more funding. This action was clearly contrary to the procedures in the office and appears to be a flagrant disregard to the essential mission of the office.
5. These factors have or could have an effect upon the public perception of the office and its ability to provide the service promised by the Charter. |
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Sat Dec 10, 2016 5:53 pm |
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untanglingwebs
El Supremo
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Conclusions
Based upon his investigation and while considering all factors. Forrest determined an investigation was warranted and he put forth the form that potential charges could be appropriate.
1. That Darryl Buchanan, the Flint Ombudsman:
a. Did engage in sexual discrimination and harassment with respect to employees Rose Fizer Deborah Milling;an/or
b. Did create or cause to be created a hostile work environment, which hostile environment, if not based upon sexual discrimination may have been based upon unlawful or inappropriate factors namely:
i. favoritism in employment decisions'
ii. animus, rancor and vindictiveness resulting from personal relationships unrelated to work performance. |
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Sat Dec 10, 2016 6:17 pm |
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untanglingwebs
El Supremo
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2. That Darryl Buchanan, the Flint Ombudsman, did engage in conduct adversely affecting the functioning of the ombudsman's office; conduct tending to affect the essential mission of the office and tending to affect public confidence in its operations. Specifically;
a. The ombudsman did foster, encourage or condone the creation or existence of an advantageous and improper relationship for the office's legal counsel in the Steverson Davis case; specifically, the said ombudsman did allow, encourage and/or permit the attorney to participate in an investigation of a complaint. This course of action ultimately led to the retention of said attorney by the party affected by the complaint. Said action may constitute the use of a public office for private gain and may involve the release and/or improper disclosure of confidential information acquired in the course of employment in advance of the time prescribed for its release to the public. (Flint City Code, Sections1-133 to 1-136) |
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Sat Dec 10, 2016 6:32 pm |
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untanglingwebs
El Supremo
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b. The ombudsman did willfully cause complaints filed with the office to be withheld from investigators and did otherwise cause the investigation t be delayed and postponed for the stated purpose of encouraging complaints to be made to the City Council, as a means of pressuring the Council to increase funding for the office.
c. The ombudsman did retain employees without regard to sound employment practices; did cause a reorganization designed to eliminate an employee or employees with whom he had developed an acrimonious personal relationship and/or did use spurious claims of reorganization to eliminate an employee or employees, for his own purposes. |
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Sat Dec 10, 2016 6:44 pm |
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untanglingwebs
El Supremo
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d. The ombudsman did create, through erratic behavior and actions inconsistent with the traditional functioning of the office, a work atmosphere which is not conducive to effective performance, which action did impede the operation of the office and lower the morale of the office staff.
e. The ombudsman did investigate matters, compile and retain records relative to matters which were not within the scope of his duties for reasons unrelated to the charter mandate. Specifically, he did without benefit of a complaint gather information relative to activities of a high public official.
The investigation was ongoing and Forrest reminded council that further facts "may come to light which may alter, weaken or strengthen the charges."
Attorney Tom Donnellan was to assist council with the procedural and other aspects of the mater. |
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Sat Dec 10, 2016 6:59 pm |
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untanglingwebs
El Supremo
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THE PLAYERS
Darryl Buchanan
Flint City Ombudsman between August 17, 1994 and August 28, 1995. Buchanan was hired in 1980 as an investigator trainee. Under Terry Bankert, who served as Ombudsman between 1987 to 1994, Buchanan held the position of Assistant to the Ombudsman and later became the Director of Investigations and complaints.
Buchanan was educated at Kalamazoo College. He is said to have been a classmate and fraternity brother of both George Hamo and Frank Yianntyi, his attorneys.
Buchanan has a documented history of substance abuse. Former UAW CAP Council President Danny Sain testified in the council hearings that he helped Buchanan enter a treatment facility in Lapeer An AA member at the time of he hearings, testimony showed he recruited at least two staff members, who were also AA members. |
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Sun Dec 11, 2016 6:37 am |
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untanglingwebs
El Supremo
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Barbara Burdette
Burdette held the position of Ombudsman investigator. She had been with the office for at least 11 years in 1995. She was known as an experienced investigator who helped write the annual reports.
Joseph Valu
Valu was an Ombudsman investigator. He began working in the office as a Political Science intern from the University of Michigan-Flint. He was later hired under Terry Bankert. Aside from Buchanan, he was the only male in the office. He was exempted from evening meetings because he was married with children. |
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Sun Dec 11, 2016 6:45 am |
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