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Topic: Ask your Ombudsman 810- 766-7335

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terrybankert
F L I N T O I D

Q: Why is it not a good thing for a Flint City Council person to
require a business person to pay money to a private charity that will
politically benefit the council person,for a favorable vote from the council
person?

Q: When a councilperson admits they extorted money for a vote and a
public apology is made in the local paper how much more information
does the public have a right to know?

Q: If a local newspaper and TV station have covered the story of a
public official accepting a bribe and publicly apologizing how much
more information do the citizens have a right to know?

Q; How do the Citizens get full disclosure when the politicians are
making this criminal event a political oversight?

Q: How can the citizens of Flint receive full disclosure of the
corrupt acts of a Flint City Council Person who publicly admits that
party stores were extorted to get a favorable vote by the council
person?

Q: If Councilperson Poplar was mislead by the Flint City Council President and
the Flint City Attorney by getting advice justifying her extortion of small
business people and that it was acceptable behavior how much more do you the
citizens have a right to know?

What do you think?

Here is part of what we know.

FLINT 12/02/06
http://www.mlive.com/news/fljournal/index.ssf?/base/news-
40/1165062064282780.xml&coll=5#continue



"After apologizing for coercing two business owners into donating to
a scholarship fund, Flint city Councilwoman Jackie Poplar said she
will remain in office.

"I don't feel I need to resign. I'm not a criminal," Poplar said
Friday at a press conference backed by a dozen supporters.

Poplar issued a public apology Friday for coercing two business
owners into contributing $500 each annually to a scholarship fund in
exchange for her support to transfer a liquor license.

"I believe I went about it the wrong way. The law says it was wrong,"
said Poplar, who plans to form a non-profit group so she can continue
giving scholarships.

Poplar made the public apology as part of an agreement with the U.S.
Attorney's office to avoid criminal charges. She also must refund the
money from the businesses, but it makes no stipulation on her keeping
office.


The $1,000 collected went to Poplar's Giving Back to the Community
committee, which gave $100 each to the top 10 graduates from
Northern.


Don Johnson, 65, a 2nd Ward resident, said he found no problem with
Poplar's actions.


"We have too many liquor stories in our community. They should pay
some sort of restitution. Why shouldn't they pay for liquoring up our
people?" said Johnson, who attended Poplar's press conference as a
show of support.

City councilman Ehren Gonzales of the 8th Ward said he believes
Poplar owes it to her constituents to resign.

"If something like this went down ... (taxpayers) would expect that
public official to step down," Gonzales said. "It should not be
acceptable for anyone to use their position for gain."

Poplar said Lansing officials already had told the council to stop
holding up the liquor license and they were going to be approved. She
said she pursued the scholarship fund to try to turn the transfers
into a positive situation.

"It was a good thing she did," said Leevester Brazle, 18, now a
computer programing student at Mott Community College, who received
one of the 10 awards.

Minutes of a meeting in April indicate she told City Council members
about her scholarship fund when explaining why she was dropping her
opposition to the license transfers - and she was applauded for her
efforts.

She also publicly announced the winners of the scholarships in a
press release and said she had the city attorney review her
scholarship certificates - all of which she said shows she did not
intended to break any laws.

"If anything was so blatantly wrong, why didn't they stop me then?"
Poplar said. "I think it is another ploy by the mayor to bring me
down in any way possible."

City Attorney Trachelle Young said she could not detail any advice
she may or may not have given Poplar about the scholarship fund,
because she said it would violate attorney-client privilege. But she
said the FBI has not questioned her about her actions.

Councilwoman Carolyn Sims lashed out at council President Darryl
Buchanan over the incident, saying he should have made Poplar aware
that her actions were inappropriate.

"That's what leadership is about," Sims said.

Buchanan said he was unaware that Poplar coerced the contributions
from the business owners and he was disappointed council members
would turn the incident into a political attack on him.

He said ignorance of the law is no excuse for Poplar's actions. He
did not weigh in on whether or not she should resign, however.
"That decision is between Jackie, her God and her constituents,"
Buchanan said.

Council members Scott Kincaid and Sheldon Neeley also spoke out in
support of Poplar on Friday. "

—end journal article—

How do the citizens know what really has happened when the other
council member are spinning this crime to look innocent, no charges
have been brought but we have a public confession?

Some of our elected officials are preoccupied with helping their
friend. What about the innocent taxpaying hard working small business
man who happens to own a party store?

Why have we heard no outcry for the crime against them?

The extortion against the store owners was a crime, where is the
sympathy for them?

Do the business people have rights?

The City has an affirmative duty to secure the equal protection of
the law for each person and to insure equality of opportunity for all
persons. [Flint City Charter (FCC) Declaration of rights.]

Just what is expected of an elected official?

Sec. 1-601 OATH OF OFFICE.
Every elective officer and every appointee before entering on
official duties shall take and subscribe the following oath:
"I do solemnly swear (or affirm) that I will support the
constitutions of the United States and the State of Michigan and the
Charter of the City of Flint and that I will faithfully discharge the
duties of office on behalf of all the citizens of the City to the
best of my ability,"

(Adopted by the electorate, 11-5-74) [Flint City Charter]


What can be done to an elected official that breaks the laws of
Michigan?


Sec. 1-603 FORFEITURE OF OFFICE AND REMOVAL FOR CAUSE.
A. The City Council shall declare the forfeiture of the office of any
elective officer or appointee and may remove for cause any person
appointed to an office for a fixed term. In every case there shall be
a public hearing before the City Council with notice published in the
same manner as notices of proposed ordinances. A Council member
charged with conduct constituting grounds for forfeiture may not
participate in the resolution of the charge.
B. The position of an elective City officer or an appointee shall be
forfeited if he or she:
1. Lacks at any time any qualifications required by law or this
Charter; or
2. Violates any provisions of this Charter punishable by forfeiture;
or
3. Is convicted of a felony while holding the office or appointment.
C. Decisions made by the City Council under this section are not
review able by the Mayor but are subject to judicial review in a
hearing de novo. Any resident of the City may petition an appropriate
court to require the City Council to hold a public hearing on the
forfeiture of an office if the City Council has reasonably refused to
proceed.
(Adopted by the electorate, 11-5-74) [Flint City Council]

Where can we go to find out what really happened? Why do we have to
settle for media coverage and city council explanation?

We don't. We have an ombudsman to investigate this issue for us and
report to the community a full and fair explanation of how these
Flint business owners were harmed by Council Person Poplar.

The citizens of the City of Flint voted a year ago to keep their
Ombudsman office for issues just like the Poplar scandle.

Sec. 3-504 JURISDICTION.
A. The Ombudsman may investigate official acts of any agency which
aggrieve any person. The authority of the Ombudsman extends equally
to all agencies.[Flint City Charter]

Sec. 1-404 DEFINITIONS.
AGENCY. "Agency" means any department, office, multiple member body
or other organization of City government and includes any elective
officer, appointee, or person acting or purporting to act in the
exercise of official duties.[Flint City Charter]

Sec. 3-505 POWERS OF INVESTIGATION.
1. A. The Ombudsman may request and shall be given necessary
assistance and information by each agency.
B. The Ombudsman may subpoena witnesses, administer oaths, take
testimony, require the production of evidence relevant to a matter
under investigation, enter and inspect premises within the control of
any agency during regular business hours, and establish rules of
procedure in accordance with Section 1-801 of this Charter.
C. To enforce a subpoena or order for production of evidence or to
impose any penalty prescribed for failure to obey a subpoena or
order, the Ombudsman shall apply to the appropriate court.
(Adopted by the electorate, 11-5-74)[Flint City Charter]

Sec. 3-508 CONSULTATION REQUIRED.
A. No report or recommendation that criticizes an official act shall
be announced until every agency or person affected is allowed
reasonable opportunity to be heard with the aid of counsel.
B. Thereafter, if the Ombudsman believes it necessary to make a
formal report, a copy of any statement made by an agency or person
affected shall accompany the report.
(Adopted by the electorate, 11-5-74)[Flint City Charter]


File a written complaint about this corruption with the Flint City Ombudsman
and ask the Flint Ombudsman to investigate and report to the community.

The current Ombudsman has had enough time to prepare herself.

Lets see what she's got.

Contact the Ombudsman today!
810- 766-7335
120 E. 5th ST., Flint MI

What do you think?

Terry Bankert
12/03/06
http://attorneybankert.com/
http://groups.yahoo.com/group/Flintcitizen/
Post Mon Dec 04, 2006 6:24 am 
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another view
Guest

A conversation with TED on 12/5/06 about Council Person Poplar, the Flint Ombudsman and a public comment of Terry Bankert.


OK TERRY,
OKAY TED

TED-Where have you been on all the Crap the Don has been doing????
TRB- In my office.

TED-How about the Multiple extortion he and his administration has perpetrated?
Trb- W hat does that have to do with Poplar?

TED- Why are you all of a sudden jumping in here?
TRB- I have a 20 yr history of knowing when an Ombudsman should enter an issue. I am suggesting that the Flint Ombudsman investigate this issue and present a report to the Flint Communuity.

TED-This was all done completely in the OPEN! The whole program, with the WHY's and WHEREFORE's was made public by her, at Council meetings before it ever was put through! she even submitted the plan to the CITY ATTORNEY who didn't find anything wrong with it! When she brought it before Council they didn't see anything wrong with it! So I guess if she is guilty, so is the whole Council and the City attorney, they all had knowledge of it before it ever happened and not a one of them said a word? Hmmm That sounds completely like a set up! It's obviously a HUGE Blunder that everyone didn't realize was against the LAW!
TRB- Finally you are relevant. This appears to be an ethics dysfunction that is against citizen interest and needs a review and recommendations for change. Clearly within the function of the Ombudsman and in the publics interest.

TED-So What would have happened had she not brought their request to the council at all or even voted against the license transfer? NOTHING! They could have gone through the State of Michigan! She told them that right up front. Wether she voted for their transfer or not. They didn't have to donate anything to get their license transferred.
TRB- Irrelevant.

TED-Had she been extorting MONEY she wouldn't have written it down, kept records, made sure she had receipts, Kept the News articles from when she first laid out the plan.
Trb- So what?

TED-I think she thought from the beginning that this might be misconstrued as a bride. Thus the reason she submitted it to the City attorney? why didn't the City attorney (who is supposed to be the council's attorney) point out the problem before she went through with it?
TRB So TED if the system is wrong why not an Ombudsman’s full investigation and report to the community. Recommendation for change can be made and or clarification of the law, charter, and procedure by some one who knows what they are talking about or should.

TED-There's more to this than meets the Eye Terry! You and I both know that!
TRB I agree good government and the Ombudsman stepping out on behalf of the citizens of Flint.

TED-So I have to ask? WHY have you been so quiet on the Tapes of Don Williamson extorting money from Marvin Riley?

TRB Why was it my job, I lost the council race ask the 7th ward council person.
TED-Why haven't you jumped on the Band wagon over the City Ordinance violations for the Zoning at the Impound Lot?
TRB Why was it my job, I lost the council race ask the 7th ward council person.

TED-What about the clear campaign Violations by the Mayor and Patsy Lou while fixing up the Park with Campaign workers working overtime causing the Union to file a grievance that rewarded senor employees 10 hours pay each for not working?
TRB Why was it my job, I lost the council race ask the 7th ward council person.

TED-I'm sorry Terry, but to jump on the Band wagon for a NON ISSUE.
TRB- It is only a non issue to you TED.
Post Mon Dec 04, 2006 12:02 pm 
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Biggie9
F L I N T O I D

Terry,
may we not surmise that the Feds have conducted an investigation already? And apparently they didn't find enough there to charge Ms Poplar. After all if anyone is neutral to the politics in Flint, it ought to be the Feds right? They have no dog in the Mayor c Council fight vis a vis over or under charging for crimes committed.

There was an apparent techical unlawful act. Ok. So why no great repercussion? Terry knows full well that intent is a critical issue in any investigation. I would surmise that the very public plans of Ms Poplar's actions may have undercut any theory of the veil of secrecy extortion usually occurs under. Second, not only publicizing her plans, Ms Poplar apparently sought the expert legal opinion of the city's law department, as well as the experienced opinion of the Council President.
IMO, IF TRB were DEFENDING Ms Poplar, these facts would be presented front and center to demonstrate WHY Ms Poplar's behavior did not conform to the definition of extortion. Unlawful act? perhaps? Butr let the punishment fit the crime. These facts mitigate the intent to extort, and should mitigate the punishment. To prosecute her for essentially a no harm no foul act, would also drag in the performance of all the city authoritites who were informed of this program and did nothing; especially the city attorney's office who has the direct responsibility to make sure the city authoritie's actions are lawful.

She may be naive, maybe even not so smart, but not an intentional criminal.

_________________
Biggie
Post Mon Dec 04, 2006 1:22 pm 
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Post Mon Dec 04, 2006 1:56 pm 
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Josh Freeman
F L I N T O I D

You have three options:

The Charter of the City of Flint doesn't call it "Impeachment" rather Forfeiture of Office. The only problem with that is that the Council would have to vote to remove themselves from office. Not likely to happen. (For the majority anyway, there are some that if Don told them to vote themselves out, they probably would.)

The second option would be Recall. Currently, the 1st Ward Councilman is up for a vote in February. There are recall petitions being circulated against 3rd Ward, 5th Ward and possibly the 7th Ward.

Of course the third action would be to wait them out for 3 years and vote them out.
Post Mon Dec 04, 2006 3:03 pm 
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Post Mon Dec 04, 2006 3:18 pm 
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Ted Jankowski
F L I N T O I D

Laughing

TED-Where have you been on all the Crap the Don has been doing????
TRB- In my office.
Ted, The point being, you've been a leader in this community. Why does it seem that you've remained silent on everything else dealing with the Don’s obvious illegal activities. Then all of a sudden. Jackie Poplar, Fully Known and fully disclosed and fully endorsed by the City attorney and City Council. Makes a "naive, maybe even not so smart, but not an intentional crime" and now your all over it!? I don't get it. .

TED-How about the Multiple extortion he and his administration has perpetrated?
Trb- What does that have to do with Poplar?

Ted Well, I guess if it's ok for Don to continue to do it and continue to lie under oath, then it's okay to remain silent on that point! But, if someone with no political back ground, makes an error (Major or minor) Without the "CRIMINAL INTENT" It seems the prior would have gotten your goat long before this should have. Least wise to get you to post something on Flint Talk?.

TED- Why are you all of a sudden jumping in here?
TRB- I have a 20 yr history of knowing when an Ombudsman should enter an issue. I am suggesting that the Flint Ombudsman investigate this issue and present a report to the Flint Community.
Ted -EXACTLY! However, Why would you decide to point out another incident that a more powerful agency (FBI, Sheriff's office, etc) has already investigated and made a determination on? .


TED-This was all done completely in the OPEN! The whole program, with the WHY's and WHEREFORE's was made public by her, at Council meetings before it ever was put through! she even submitted the plan to the CITY ATTORNEY who didn't find anything wrong with it! When she brought it before Council they didn't see anything wrong with it! So I guess if she is guilty, so is the whole Council and the City attorney, they all had knowledge of it before it ever happened and not a one of them said a word? Hmmm That sounds completely like a set up! It's obviously a HUGE Blunder that everyone didn't realize was against the LAW!

TRB- Finally you are relevant. This appears to be an ethics dysfunction that is against citizen interest and needs a review and recommendations for change. Clearly within the function of the Ombudsman and in the publics interest.
Ted - Ok Maybe I've taken the whole post wrong? Ethics violation? It's kind of obvious! However, not to everyone. See, THe City Attorney knew and the Whole Council Knew, and it was announced to the public, before and during when it happened. Yet NO ONE, INCLUDING MYSELF! Picked up on the possible ethical ramifications of what she was doing. In that, We are all guilty. So to have the Ombudsman review it for Ethical violation and then make recommendations. I'd have to say I completely agree! However, to throw in the Statement about what she did not being in the Public interest.. I would disagree. However, that might not be what you are intending to say. but it is the way it came across. .


TED-So What would have happened had she not brought their request to the council at all or even voted against the license transfer? NOTHING! They could have gone through the State of Michigan! She told them that right up front. Wether she voted for their transfer or not. They didn't have to donate anything to get their license transferred.
TRB- Irrelevant.
If this is a continuance of the prior statements, I believe we are in agreement there.. .


TED-Had she been extorting MONEY she wouldn't have written it down, kept records, made sure she had receipts, Kept the News articles from when she first laid out the plan.
Trb- So what?
Ted - Again if this is to make recommendations as far as conduct. Sure. As long as it's not a witch hunt. Which the way everything has been portrayed. It would seem to be! however, Don't we already have a board or committee that should be looking at it already? .

TED-I think she thought from the beginning that this might be misconstrued as a bride. Thus the reason she submitted it to the City attorney? why didn't the City attorney (who is supposed to be the council's attorney) point out the problem before she went through with it?
TRB So TED if the system is wrong why not an Ombudsman’s full investigation and report to the community. Recommendation for change can be made and or clarification of the law, charter, and procedure by some one who knows what they are talking about or should.
Sure I'm following where your going now.


TED-There's more to this than meets the Eye Terry! You and I both know that!
TRB I agree good government and the Ombudsman stepping out on behalf of the citizens of Flint.
Ted - I'm with you here to. .


TED-So I have to ask? WHY have you been so quiet on the Tapes of Don Williamson extorting money from Marvin Riley?

TRB Why was it my job, I lost the council race ask the 7th ward council person.
Well, terry, Like it or not, you've still established yourself as a political leader and a force in the city. To have you chime in on something like this while not stepping out on so many other much bigger issues, that effect this city seems to me to be a bit odd. You can read the City ordinances as well as I can. You chose this topic to point out that the Ombudsman should be looking at this. That may be so, as far as making recommendations to procedures, and rules. However to remain silent on the bigger issue of the Mayor and his known extorting of Marvin Riley, the obvious Zoning violations of the Impound Lot, and so many other things going on. I just don't see why you choose this issue to step back out and say something when there are so many more and graver issues. Than a NEW political figure making a naive blunder, with the approval of the City attorney and the Council. .


TED-Why haven't you jumped on the Band wagon over the City Ordinance violations for the Zoning at the Impound Lot?
TRB Why was it my job, I lost the council race ask the 7th ward council person.
because like it or not. When you have something to say or add. It carries weight! It helps those who are also attempting to fight the good fight. Also, you add credibility at least in some peoples eyes to a issue. Because, you've been there. I'm just having a bit of a tuff time working through why you've chosen this issue to talk about. when as I've said. There have been so many more deserving of notice. .


TED-What about the clear campaign Violations by the Mayor and Patsy Lou while fixing up the Park with Campaign workers working overtime causing the Union to file a grievance that rewarded senor employees 10 hours pay each for not working?
TRB Why was it my job, I lost the council race ask the 7th ward council person.

Ted - See above.

TED-I'm sorry Terry, but to jump on the Band wagon for a NON ISSUE.
TRB- It is only a non issue to you TED.[/b]
ted - I do see clearer now where your coming from. But I've already stated my reasons why..


Some afterthoughts Are you thinking this might be an easy one for the Ombudsman to really turn into a good thing for the City and her office? Taking the position of looking out for the citizens, that future council members and city officials could avoid this silliness in the future? By having the Ombudsman make some reasonable recommendations? Hmmm, If so, this wasn’t the way I understood your post. However, it was rather long. LOL I’m thinking now I see where you were going.

Always good chattin with ya.
Post Mon Dec 04, 2006 10:14 pm 
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Dave
Guest

Are u sure thats the right #, I called 5 times now with no answer!!
Post Wed Dec 06, 2006 3:11 am 
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Tired of Ted
Guest

Another example of Ted being a cry baby.. TRB just don't even talk to the guy, its depressing
Post Wed Dec 06, 2006 3:19 am 
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rapunzel
Guest

Ted and Terry worked very hard to retain the office of Ombudsman.
Though instead of her investigating citizen complaints the first case out of the gate was against the City Clerk.

Instead of funding the Ombudsman office, a constituent services person is funded out of the mayors office.

We do not have anyone working as an independant office for the citizens.

RAP
Post Fri Dec 08, 2006 12:00 am 
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Ombudsman- Brenda Purifoy

Will speak at Washington Crime Watch meeting.
January 17, 2007 6pm until 7pm.
Brown Funeral Home - EBA meeting room
1616 Davison rd.

Public Welcome- so if you have had trouble contacting her office....come to the meeting and ask why?
Post Tue Jan 16, 2007 11:38 pm 
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Guest
Guest

quote:
Anonymous schreef:
Ombudsman- Brenda Purifoy - Will speak at Washington Crime Watch meeting. January 17, 2007 6pm until 7pm.
Anyone have a report on this meeting?
Post Sat Jan 20, 2007 7:59 pm 
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Guest


Sorry, attended school board meeting. Finance Sub-committee ran late.

Was hoping to make both meetings.

Cleaves got on a soap box much posturing and arm waving. Signifying- waste of time!

Anyone with a report of Washington crime watch meeting?
Please?
Post Sun Jan 21, 2007 11:37 pm 
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