| Author
|
Post |
 
|
|
untanglingwebs
El Supremo
|
Council passes ordinance to refine Councilmember removal process
Monday, January 8, 2018 - 9:37pm
Ann Arbor
ALEX COTT
Daily Staff Reporter
At the City Council meeting on Monday evening, council members passed an ordinance to amend city code to include a chapter outlining procedures for removal of councilmembers. The Council also honored Carolyn Grawi for her disability awareness efforts and work toward implementing independent living for people with disabilities.
According to the Council Internal Regulation Ordinance, cause for removal of a councilmember includes conviction of a felony, violation of an oath of office, repeated violation of council ethics or administrative rules, conviction of state criminal misconduct or conviction of city or state election laws. Upon requests for removal of a councilmember, the ordinance specifies the Council Administrative Committee as the investigative staff who must recommend the appropriate action for the request, such as dismissing without merit, scheduling a Council meeting or referring to a government or law enforcement agency. At least eight councilmembers must approve the removal of a councilmember based on valid evidence.
After two years of developing the chapter, the Council passed the ordinance unanimously.
Councilmember Sumi Kailasapathy, D-Ward 1, emphasized how the ordinance is an essential and relevant element to the code of the city and enacts a system of checks and balances among councilmembers.
“I feel having (the ordinance) is very essential that council members don’t have a double standard,” Kailasapathy said. “That we too have to have code of conduct, ethics and our standards.”
With council member terms increasing from two to four years starting next year, Kailasapathy also highlighted how the procedures outlined in this ordinance would relieve Ann Arbor residents of time-consuming actions to remove council members.
“If residents feel that someone misbehaved, let’s say in being elected, they would have to wait another three years for that councilmember to be replaced,” Kailasapathy said. “We are putting an undue burden on the residents to collect the number of signatures to recall that councilmember.”
Although supporting the ordinance, Councilmember Westphal, D-Ward 2, also brought up the need for caution regarding the way the procedures are implemented.
“I understand that recalls are a great tool to have and they can be effective but it is a great burden,” Westphal said. “Certainly if there is an inkling of something like this be used improperly, we would modify or remove it, so I think we will be keeping an eye on it.”
Mayor Christopher Taylor-D emphasized the ordinance as a necessary new chapter that will provide a proper course of action for Ann Arbor residents to remove councilmembers.
“This is something that we as a council have needed for some time to put rules in place,” Taylor said. “We need to have an ordinance that provides a structure for folks who have concerns about the actions of council members.”
However, Ann Arbor resident Edward Vielmetti highlighted how the ordinance could politicize a polarized council and be used to oust a council member through an unfair method.
“The process of removing a Democrat being elected member of Council by non-democratic method doesn’t strike me as a particularly good one,” Vielmetti said. “It strikes me as something that in a climate could be used as a political weapon … and to fill this hole (in the code) might come back to haunt us in years to come.”
Yet, Councilmember Julie Grand, D-Ward 3, explained the need to enforce this ordinance now rather than waiting for a violation to occur. “A time when we are not dealing with a particular action with a particular council member is the time to impart rules so that we are not trying to make up things as we go.”
With the new chapter’s approval, the ordinance will take effect ten days following legal publication.
“I hope we can file this under a never need to use category,” Westphal said. “It would certainly be great to have in a very unlikely event where it would actually play a role.”
Last edited by untanglingwebs on Sat Feb 09, 2019 7:41 am; edited 1 time in total |
|
|
Mon Jul 23, 2018 9:47 am |
|
|
untanglingwebs
El Supremo
|
TV 17 Community Access Sunday showed an irrational Eric Mays screaming at Eva Worthing, kate Fields and even Monica Galloway and yet he claimed he was in control. According to Mays it is the women who are the problem. At one point he said they didn't know the meaning of"Shut Up" and that was the problem.
Obviously Mays is thin-skinned because he launches into lengthy diatribes over having been called racist, mysogynist, and narccisitic. When told that is not germane to the issue at hand, he screams that it is germane to him. Mays claims he that is is all right to attack him but when he goes on a counter attack , then it is wrong.
There are so many issues that don't ,and some that probably shouldn't, be discussed in council for time reasons. There are three branches of government, Administrative, Legislative (council) and Legal. Many issues can be resolved by referrals to Legal (who allegedly represents the City and not the Mayor) or to the clerk and perhaps the appropriate department for clarification.
Last edited by untanglingwebs on Sun Jan 27, 2019 5:09 pm; edited 2 times in total |
|
|
|
Mon Jul 23, 2018 10:06 am |
|
|
untanglingwebs
El Supremo
|
Eric thinks he has come up with a brilliant way to eliminate those council members that don't see his brilliance. But, his trumped up ways to discredit his political foes will not work. Even the Governor must have specific valid concerns before he can remove an elected official. These women are not drunk nor have they been proven corrupt. Mays screaming that he is saving the City over the budget will not cut it and his defenses are not provable. These women will not bend to his demands, nor should they.
Eric keeps comparing this issue to the hearing of Darryl Buchanan and thinks he can eliminate them with a show cause hearing. That hearing cost over $340,000 and went all the way to Appellate Court. Council won. Where s Mays going to find the money to even attempt his grand debacle.
Thank goodness we have cameras in the Courts now and Judges can't sway juries with their antics. Attorneys laughed when I told them how shocked I was with Former Judge Freeman when he mocked the court with his facial expressions and what I believed were arbitrary rulings that prolonged the case. Political influence? |
|
|
|
Mon Jul 23, 2018 10:27 am |
|
|
untanglingwebs
El Supremo
|
General consensus is that removal of an elected official requires a clear indication that this official has somehow abused their authority and that abuse was criminal in nature.
Even for the Governor, there must be sufficient evidence of guilt after an election of official misconduct in office. willful neglect of duty, a conviction of being either drunk or having committed a felony. These charges must be submitted in writing and accompanied by an affidavit. And the charges have to be submitted to the accused and they must be given the opportunity to defend themselves |
|
|
|
Mon Jul 23, 2018 10:36 am |
|
|
untanglingwebs
El Supremo
|
Mays fought being thrown out of a meeting and was handed $4,500 after he refused to leave and demanded to be arrested. How can he justify demanding to throw out the two councilwomen because they challenge him and won't "shut up". Yet Mays thinks he can talk as long as he likes.
I and others wondered about Winfrey-Carter and her sudden outbursts of laughter at what seemed inappropriate times. I was told she was trying to maintain her temper. Well she lost her temper at a Grants meeting. She demanded that others not try to control her meeting but it was confusing as to who she was angry at. Mays first tool control and then he got into it with Kate Fields.
Kate should just contact HUD and be quiet about it. I will bet that Fields probably knows the HUD rules better than some of the City employees as she had grants from HUD, MSHDA, Flint CDBG and the Mott Foundation. Mays would do well not to underestimate her. |
|
|
|
Mon Jul 23, 2018 10:46 am |
|
|
untanglingwebs
El Supremo
|
I have been told Mays is once again blocking access to the elevators. If he tried to prevent Worthing and Fields from using the elevators, it would not be the first time.
Angry that the Bob Leonard Public Access Show received a copy of his hand printed contract to lobby on behalf of some Party Store owners, Mays began a reign or terror on the Producer and Camera person for the show. One night after council, Mays and some cohorts blocked the elevators to the mayor's aid and then councilwoman Sandy Hill. Then City Attorney Trachelle Young attempted to use the elevator when Mays grabbed her hand tried to kiss her and harassed her when she tried to break away. The Finance Director Peter "D" and a council attorney from Detroit ran down the stairs follwed by Williamson's Mayors aide and Hill.
The incident was taped and when it aired , Young stated it was humiliating. She sent a letter to Council President Johnnie Coleman demanding that he keep more order in the meeting or face sexual harassment charges. Coleman had suspended the rules and allowed Mays to have 45 minutes to slander his political enemies. |
|
|
|
Mon Jul 23, 2018 10:59 am |
|
|
untanglingwebs
El Supremo
|
When former councilman Kerry Nelson refused to approve a liquor license for a Party Store, which was one of the stores paying Mays to lobby, Mays got into a confrontation outside the council offices. Nelson denied Mys entrance into the offices.
It was not until Mays took his campaign into Nelson's place of business that Nelson filed a PPO against Mays. Mays allegedly cursed and intimidated a bank employee before being removed. Mays kept nelson in court often trying to fight the PPO.
There was a campaign that tried to allege Nelson did not live in the ward as he often drove a car belonging to his sister, who lived in Grand Blanc. |
|
|
|
Mon Jul 23, 2018 11:10 am |
|
|
untanglingwebs
El Supremo
|
EMERGENCY MANAGER
CITY OF FLINT
GENESEE COUNTY MICHIGAN
ORDER No. 3
DIRECTIVES TO COUNCILMAN ERIC MAYS
BY THE POWER AND AUTHORITY VESTED IN THE EMERGENCY MANAGER
(“EMERGENCY MANAGER) FOR THE CITY OF FLINT, MICHIGAN (“CITY’)
PURSUANT TO MICHIGAN’S PUBLIC ACT 436 OF 2012, LOCAL FINANCIAL
STABILITY AND CHOICE ACT, (“PA 436”); DARNELL EARLEY, THE EMERGENCY
MANAGER, ISSUES THE FOLLOWING ORDER:
Pursuant to Public Act 436, the Emergency Manager has broad powers in receivership to rectify the financial emergency and to assure the fiscal accountability of the City of Flint and its capacity to provide or cause to be provided necessary services essential to the public health, safety and welfare; and
Pursuant to Public Act 436, the Emergency Manager acts in place of local officials, specifically the Mayor and City Council, unless the Emergency Manager delegates specific authority; and
Pursuant to Public Act 436, the Emergency Manager has broad power to manage the local government, and may issue orders to elected and appointed officials necessary to accomplish the purpose of the act. An order issued under PA 436 is binding on the person to whom it is issued;and
Pursuant to Public Act 436, the Emergency Manager may prohibit a local elected official from access to the local govermnent’s office, facilities, electronic mail, and internal information systems for failure to abide by an order which disrupts the Emergency Manager’s ability to manage the local government; and
Emergency Manager Order No. 2, City Council’s Responsibilities and Partial Restoration of Compensation, effective March 28, 2013, provides that “[a]ll communication with staff must be in writing and directed through the Emergency Manager”; and
On November 22, 2013, Councilman Eric Mays signed the attached Acknowledgment of Receipt in which he confirmed having received and read Emergency Manager Order No. 2, and agreed to abide by its terms; and
On December 2, 2013, Councilman Mays violated Order No. 2 by verbally attacking a Police Department employee, to the point that she was brought to tears, as described in the attached
affidavit; and
On December 3, 2013 and December 4, 2013, Councilman Mays violated Order No. 2 by subjecting the Emergency Manager’s secretary to disjointed and lengthy diatribes, in which his behavior was highly agitated and seemingly out of control, as described in the attached affidavit; and
In both instances, Mr. Mays used his position as a Council member to intimidate City of Flint
personnel, and engaged in loud, uncivil, unprofessional, aggressive and erratic behavior; and Councihnan Mays has a history of disruptive behavior, with numerous occasions that the police have had to physically remove him from Council Chambers, as well as a February 22, 2013 conviction for disorderly conduct for persistently disrupting a public hearing; and
At the City Council meeting on November 16, 2013, his first as an elected official, Councilman Mays repeatedly interrupted and delayed the proceedings; and
Councilman Mays’ failure to abide by Order No. 2, has disrupted and interfered with the Emergency Manager’s ability to manage the local government; and
If allowed to continue, Councilman Mays’ disruptive behavior will significantly undermine efforts to strengthen the City Council in preparation for its very critical leadership role as the City of Flint moves toward a transition advisory board; and
Governance of the City of Flint is subject to extraordinary circumstances due to a financial emergency, such that action in response to Mr. Mays ‘ s disruptive behavior is necessary; and
Based on the above, and in order to allow for the effective management of the City of Flint, it is ordered that:
1. Councilman Mays shall not directly communicate with City of Flint staff, including the Emergency Manager, except for the following:
a. to report an emergency or to respond to Police or Fire Departments;
b. in association with payment for his personal utilities or taxes;
c. in association with starting or stopping his personal water service;
d. as permitted by the Emergency Manager.
2. Councilman Mays shall not make referrals to the Emergency Manager or any other City staff.
3. Councilman Mays shall inform residents of the 1st Ward to direct matters to the City Clerk, who shall then submit those matters to the Emergency Manager.
4. Councilman Mays shall communicate with the Emergency Manager via email only,
unless otherwise directed by the Emergency Manager.
5. Councilman Mays shall not be disruptive during City Council meetings and other
meetings to which the Emergency Manager directs him to aftend, and shall:
a. address Council during the public comment period;
b. address Council unless he is first recognized by the Council president;
c. address Council about matters that are not on the Council agenda.
6. Councilman Mays is permitted access to City Hall only on Monday through Friday from 8 a.rn. to 5 p.m. and during Council meetings, but otherwise shall not be permitted on the premises;
7. Councilman Mays is no longer permitted to utilize the City Hall parking garage and shall immediately return to the City Clerk the parking garage opener he was issued;
8. The Council President shall enforce the above directives at City Council meetings and, in the event a person persists in disturbing the orderly conduct of a Council meeting after having been clearly informed that he or she is unreasonably causing a disturbance, shall request that the police arrest that individual under Flint City Code §31-12(6), Disorderly Conduct and Disorderly Persons.
This Order is effective December 13, 2013.
This Order may be amended, modified, repealed or terminated by any subsequent order issued
by the Emergency Manager.
Dated: 12/13/2013 By: ____________________
Darncll Earley
Emergency Manager
City of Flint s anything changed? |
|
|
|
Mon Jul 23, 2018 11:47 am |
|
|
|
FAQ
Search
Memberlist
Register
Profile
FlintTalk.com Forum Index
> Political Talk
