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untanglingwebs
El Supremo
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Hamo: December of 1994, I never concluded that I had a conflict. My letter accurately says--it does not say that I had a conflict, It says I had a potential for one. So, the premise of your question is wrong, and if you add in the word "potential", the answer would be no.
Hamo steps down |
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Thu Dec 29, 2016 5:55 am |
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untanglingwebs
El Supremo
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Affidavit of Michael T. Joliat
Now comes Michael T. Joliat who after being sworn, would propose and state , that if he were called to testify, as a witness, he could competently give the following testimony"
1. I am the Chief Legal Officer of the City of Flint.
2. I authorized Attorney George Hamo to represent the City of Flint Ombudsman prior to 1995 pursuant to an undated Professional Services Agreement authorizing a payment not to exceed $2,000 for legal consultation services and expenses.
3. It is my recollection that this authorization was signed prior to December of 1994 and was approved as to form by me so that the Department of Finance could rely on my signature in making payment to Mr. Hamo. |
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Thu Dec 29, 2016 2:51 pm |
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untanglingwebs
El Supremo
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4. I have received from George R. Hamo a copy of another Professional Services Agreement that authorizes the payment of legal consultation services in an amount of $20,000. That agreement is signed by George Hamo and Darryl Buchanan but not by me or anyone acting at my direction.
5. I have no independent recollection of this second Professional Services Agreement.
6. I have no independent recollection of authorizing George Hamo's representation of darryl Buchanan after the initial PSA was signed in 1994 authorizing only limited legal consultation.
7. I did not receive a copy of the correspondence from Attorney George Hamo to the Ombudsman, Darryl Buchanan of December 23, 1994 advising that Mr. Hamo had a conflict of interest in continuing to represent the office of the Ombudsman. |
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Thu Dec 29, 2016 3:06 pm |
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untanglingwebs
El Supremo
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8. i did not receive any telephone conversation from Mr. Hamo or Mr. Buchanan to inform me of the subject matter prior to August of 1995.
9. I did not receive any other written or other communication either from Mr. Hamo, Mr. Buchanan or from any Ombudsman's office staff or any attorney claiming to represent the Ombudsman's office to indicate that Mr. Hamo believed he had a conflict of interest as of December of 1994 in continuing to represent the Ombudsman's office.
10. I did not focus on or even begin to investigate the possibility that Mr. Hamo had a conflict of interest in representing the Ombudsman as of December of 1994 and thereafter until Mr. Hamo provided to Ramona Sain in the Ombudsman's office with a copy of the September 15, 1995 request for payment. |
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Thu Dec 29, 2016 3:16 pm |
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untanglingwebs
El Supremo
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11. Mr. Hamo submitted this bill on September 15, 1995 requesting payment in the amount of $39, 809.60 for legal services and expenses that he claimed he had rendered to the Ombudsman's office from September to December of 1994 and from June 18 to July 13, 1995.
12. I received independent legal advice indicating that portions of the bill do not appear to be supported by adequate itemization.
13. I received independent legal advice indicating that Mr. Hamo may have a conflict of interest which would require that I refuse to make payment on any portion of the bill covering the period from June 18 to July 13, 1995. |
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Thu Dec 29, 2016 3:29 pm |
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untanglingwebs
El Supremo
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14. I did not become aware of Mr. Hamo's possible conflict of interest directly from him or from Mr. Buchanan or his attorney prior to receiving his September bill.
15. To reiterate, I did not receive from Mr. Hamo, Mr. Buchanan or his attorney any written statement regarding Mr. Hamo"s belief that he had a conflict of interest and I did not receive any written request from any one of them requesting my consent to waive that conflict.
I declare that the above statements are true to the best of my information, knowledge and belief.
April 2, 1996 and signed by notary Melisa Bellamy |
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Thu Dec 29, 2016 3:38 pm |
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untanglingwebs
El Supremo
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On August 2, 1995, Darryl Buchanan drafted his own resolution, signed only by himself A proper resolution is signed not only by the City Attorney, but by the Finance Director as to availability of funds Council approved contracts prior to the expenditure
Flint City Council and the RTAB Board, put in place by the state to monitor City spending, will not approve resolutions that lack the proper signatures
The resolution reads:
Whereas, the City of Flint Ombudsman has incurred fees in the amount of $20,000 for utilizing the services of Attorney George Hamo and Associates.
Whereas, these fees were incurred for the matters involving the Flint City Charter, the Administration and the Flint City Council including litigation costs to date.
Now, therefore, Be It Resolved, that the proper City officials are hereby authorized to provide payment as indicated herein, in the amount of $20,000 this sum to be funded through fund.........Professional Services. |
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Thu Dec 29, 2016 7:23 pm |
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untanglingwebs
El Supremo
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| I find it hard to understand how someone who worked so many years with the City and doesn't understand how the finances of the City work. Perhaps it is that concept of the Ombudsman Office being "independent and autonomous" |
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Fri Dec 30, 2016 4:50 am |
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untanglingwebs
El Supremo
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Flint journal May 19, 1995 B1James L. Smith
ACCUSED OFFICERS CLEARED IN REPORT-Excessive force not used-probe
Brady and Murphy were cleared of an excessive force charge in the Steverson Davis case, however, the Department did find fault in their transporting him out of the City without permission. The Journal wrote about the Police Department findings being critical of the Ombudsman report and the two departments opposing one another and both alleging bias in the other's report.
Buchanan was cited as alleging how the report of the Division of Inspections within the Flint Police Department was an example of the need for an independent agency like the Ombudsman's Office. Smith quoted Buchanan as responding :"It's hard for a brother to investigate another brother". |
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Sat Dec 31, 2016 5:02 am |
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untanglingwebs
El Supremo
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Police Chief Clydell Duncan countered by pointing out how the Ombudsman Report had deliberately omitted the report of a woman on Bray Road who spoke to Davis and said he did show signs of having been beaten. Chief Duncan stated he believed that omission cast doubt on the authenticity of the report.
Chief Duncan stated there was now a sense of doubt as to the fairness of other reports that would come from the Ombudsman's Office. The Steverson Davis case was cited by Duncan as an example of his department's reluctance to see value in the ombudsman investigation.
The Journal recited the basics of the case including how Ms.Picabota described a very drunk Davis staggering into her yard on Bray Road, but not appearing to have been assaulted. |
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Sat Dec 31, 2016 5:18 am |
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untanglingwebs
El Supremo
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Police Chief Clydell Duncan countered by pointing out how the Ombudsman Report had deliberately omitted the report of a woman on Bray Road who spoke to Davis and said he did show signs of having been beaten. Chief Duncan stated he believed that omission cast doubt on the authenticity of the report.
Chief Duncan stated there was now a sense of doubt as to the fairness of other reports that would come from the Ombudsman's Office. The Steverson Davis case was cited by Duncan as an example of his department's reluctance to see value in the ombudsman investigation.
The Journal recited the basics of the case including how Ms.Picabota described a very drunk Davis staggering into her yard on Bray Road, but not appearing to have been assaulted. |
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Sat Dec 31, 2016 5:19 am |
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untanglingwebs
El Supremo
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Smith interviewed Attorney Hamo, who was representing Davis in the federal civil rights lawsuit. Hamo told Smith he found the internal affairs report unbelievable and an example of the "fox guarding the hen house"
Chief Duncan countered how the Ombudsman report ignored the findings of the office's consultant in the investigation. Dicks in a meeting between Duncan, Dicks and Duncan, told how Davis stated he was not beaten and no racial slurs were used. While Buchanan acknowledged the meeting between the three men, he countered with how Davis remembered one of the officers held his foot on the head of Davis while removing the hand cuffs.
Buchanan told Smith: "No, they did not hit this guy over and over again. They stepped on his head and once is enough to press charges |
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Sat Dec 31, 2016 5:34 am |
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untanglingwebs
El Supremo
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Dicks also confirmed the meeting with Chief Duncan, but said while Davis was not beaten, the act of stepping on the head constituted physical assault. Dick's also stated his report to the Ombudsman included the witness statement of the woman on Bray Road.
Davis had three prior convictions according to the Journal. In 1983 he received a 6 to 15 year sentence for voluntary manslaughter in the stabbing death of another man and was released in 1988.
He received jail time for robbing a bar in 1975on North Saginaw Street , and had a larceny charge in 1979. At the time of the Bray Road incident he had two outstanding warrants. |
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Sat Dec 31, 2016 5:45 am |
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untanglingwebs
El Supremo
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I reviewed the initial PSA submitted by Buchanan for Hamo. It reads:
"This document serves as an agreement for legal consultation services required by the Flint Ombudsman's Office. It shall not be amended except in writing by both parties. "
The agreement continues to define the cost per hour and expenses. Billing is "Consultants shall be paid upon submission of proper invoices at the prices stipulated above for services rendered. Invoices may be sent on a monthly, quarterly, semi-annual or annual basis at the discretion of the consultant."
Part of the agreement appears to be standard Flint Professional Services Agreement (PSA) document with places for the signatures of the Chief Legal Officer,the Finance Director, and the Contract Compliance Officer. A PSA is only valid for $2,000 and contracts must be approved by Council.
A subsequent PSA is signed only by Buchanan and Hamo with the remaining signatures spaces blank. |
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Sat Dec 31, 2016 7:33 am |
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untanglingwebs
El Supremo
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Hamo submitted an undated invoice for services and expenditures.
September through Withdrawal-$2, 920.00
Services from re-employment through July 13, 1995 $16,418.00
Out of pocket expenses $662,00
Total $17,080.00
Total both billings $20,000
None of the entries in the detailed breakdown of the billing provides any dates of service despite descriptions of meeting held, even the January 1995 with Flint Police Lt. Shuker and the resultant call with Sgt. Abraham.
Hamo shows 39 hours of "many and numerous conversations with DB (Darryl Buchanan). The June 18 -July 13, 1995 billing appears to be from both the City Removal hearing and the Neithercutt proceedings. |
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Sat Dec 31, 2016 7:44 am |
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