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terrybankert
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FLINT CITIZEN- A case for retention of the Flint Ombudsman, Flint MI U.S.A.
BY: Terry Bankert 12/15/2005 ( former Flint Ombudsman 1976-1983)
OMBUDSMAN CASE STATEMENT
Is it in your interest to retain the Flint Ombudsman office or vote to eliminate it?
In Flint MI U.S.A. , a city teetering on bankruptcy, one of the highest crime rates in America, has an office, Ombudsman, in its charter to monitor police excessive force , other governmental abuses and to report to the community creating pressure for accountability and positive change.
Predictably a "war on crime" will occur in Flint . Some would argue historically this ends up being a war on poor black and white people. This Ombudsman office has been dormant for 10 years but it is in the charter. My question to the community is: Is it in your interest to retain the Flint Ombudsman office or vote to eliminate it?
The Black community will make the decision in the Ombudsman referendum the current council has scheduled in February 2006 if the Governor approves. You have the votes.
If you decide to retain this office I would like to help you. The community will know your preference when your leaders step forward on this issue. Here I am making my case statement for the Ombudsman office to your leaders. Later I hope to hear from the community.
First about our Flint City Charter. We have a good charter that was flawed when this community allowed council terms to move from two years to 4 years.
Recently a community leader wrote and was published in the Flint Journal about the need for Charter reform in Flint MI. He proposed eliminating certain offices, notably the Ombudsman. Principally because the office has no good recent track record, costs a lot of money and few people really know what the office can do.
Our current charter reflects Citizen interest in the effective and ethical conduct of City business and provides it by two measures. The Ombudsman and the Standards of Conduct Board. The Ombudsman office is intended to check unfair or bad practices of the City administration. The Ombudsman has broad powers of investigation in City Affairs. The officer responsible to citizen inquires may initiate investigations The Standards of Conduct board oversees the conduct of elected officials and guards against the unethical conduct of City business."
Our current Charter The 1974 Charter was intended by the Charter Review Commission that wrote it (CRC) to " meet its requirements for a clear, flexible and broad charter which opens up government process to the citizenry and which draws clear lines of responsibility and accountability."
The Flint Ombudsman office. was created under the Flint City Charter to be a major part of City accountability to the Flint Citizens. The standards of conduct board and the charter demand for promulgated rules and procedures unfortunately were equally important and have been equally ignored or dysfunctional. Blame your elected leaders.
Since the office has been ineffective for the full term of the current ombudsman it is responsible to review the need for it. My argument is that the very people intended to be held accountable by the office have orchestrated its demise. The community must become involved in this debate. This current council will select the next ombudsman. Without community involvement what will our options be for keeping the office or appointing the right Ombudsman?
The Timing for a referendum on the Ombudsman office is appropriate also because Ombudsman Jessie Binion's seven-year contract, which by city charter can't be renewed, expires in January. The vacancy opens a window to ask voters whether to amend the charter to eliminate the office, which costs about $200,000 a year.
I argue the office is cost effective when measured against the value of accountability. An effective ombudsman , trusted by the community would have been a great value prior to ,during and after the receivership. The greatest return on investment for the voters would have been for a truly independent Ombudsman office to have been issuing reports during this era. We were let down by our elected leaders and , partly by the incumbent before her illness , the council that put her there to diminish the office and its allowing the office to flounder during her illness. The current Ombudsman was brought here to diminish the office by the previous council.
Some council members say the office - designed to be a citizen's watchdog over city services - is no longer effective after budget cuts and following an extended sick leave by Binion that lasted nearly four years. Her absence at one point led to the office's closure for more than a year.
The Ombudsman and her supporters and our elected leaders let us down. My only caution is that we need to frame this debate within the broader context to review the entire charter its purposes, success and failure. The Ombudsman office was a critical part of the charters accountability mechanism. I think our city lacks the political will to appoint and staff this office responsibly without your help. It might be better to kill it than have a hack at the helm. What base would the office have? Who are the high minded that will step forward? The answer is you. If you the Flint Leaders step forward you will make a difference. The community needs your voice.
Council persons Gonzales and Anninach argue "City government must maximize the value of tax dollars, "The ombudsman's office has been a major cost."
I cannot disagree. With a skeleton staff the office costs $200,000 per year. But define value. What would the value of accountability have been in the last 5 years? DO YOU trust the police to go unchecked?
The Flint City Council has picked a low turnout election to place the anti Ombudsman proposal on the February 2006 ballot to guarantee the demise of the office. Some will say that by picking a millage election, in the middle of winter with the community having little time to listen to supporters of the office, the Ombudsman will soon be a footnote in Flint history. You can make a difference if you become involved in this debate.
The unanimous theme of the current City Council is "let the voters decide" if the troubled office, an outlet for residents' complaints on city services, is needed.
These political professionals have organized a sure failure election without subjecting themselves to real public debate on the office. Only you can cause this debate if you choose to enter the ring. Throw your hat in.
The Flint Ombudsman office was set up for failure, so it shouldn't be eliminated before strategic changes can be made to make it more effective.
Flint community leaders cannot rely on media to inform us of what the Flint Ombudsman office is, was and could be all about. Our leaders must become engaged in this debate. We have a jewel in this office, how do we let the Flint Citizens know? By you, if you get involved in this debate our communities will then become informed and make a better decision.
The Ombudsman office in practice was most effective when it addressed police accountability. Unique elections have unique voter mixes. The Ombudsman vote is scheduled at the same time as a police millage. Here the pro -police enforcement voter will decide if the office whose purpose is governmental accountability with its sub -set monitoring the police department will survive. How ironic!
The Flint Journal was wrong when it said "Included in the City Charter to counterbalance Flint's strong mayor, the ombudsman has been used mostly as a complaint bureau on city services, especially police. "
Flint’s current City Charter adopted in 1974 "...opened up government.." "Citizen interest in the effective and ethical conduct of city business is served by two...measures in the charter. The 1974 Charter review commission created the office of Ombudsman and a standards of conduct board."
The Ombudsman is a city official appointed by a 2/3 vote of the City Council for a non- rewable term of 7 years. The office is intended to check bad or unfair practices in City Administration.
The Ombudsman has broad powers of investigation in city affairs. This officer responds to citizen inquires and may initiate investigations.
The Ombudsman can only seek information on the failure of City services or suspected misconduct.
An Ombudsman is often called a citizens watchdog. The person holding the office is given broad powers of subpoena and investigation to follow up and attempt to prove or disprove complaints by citizens that the city is not serving them properly or that powers and rights of the city are being abused .
Citizens take their problems to the Ombudsman when the regular channels of communication complaint do not bring satisfaction.
It is important that this official be far removed from political and other pressures so that he or she can pursue citizen complaints with unquestioned integrity.
The Ombudsman is appointed by 2/3 of the council, 6 votes with a 9 person council
( Williamson appears to currently have 6 votes on the Flint City Council, we need time for this council to develop its own agenda before this appointment, mabey the election is a blessing in disguise. )
Previous Ombudsman cannot be reappointed. (i.e. Darryl Buchanan and Terry Bankert.)
The Flint Journal has said "While there were moments when the office functioned ideally, there were occasions, too, when the position was abused by excessive politics or cronyism in staff hiring. The most egregious performance came in recent years, when the ombudsman issued not a peep on a spiraling deficit that led to a state takeover. " I agree.
But the Flint Journal said in error "Whether the ombudsman has ever been effective in checking mayoral powers is certainly questionable, perhaps because too many of the personalities appointed to the position lacked the temperament and stature in the community to endow the office with authority and credibility. "
They were Wrong again. Electoral accountability and the Flint City Council check the power of the Mayor. Elected officials ethical conduct is the target of the standards of conduct board and the Ombudsman.
A stated by the charter commission the target of the ombudsman is the City Administration or bureaucracy.
To frame this argument as being the Ombudsman office is just one more thing to get in the Mayors way is simply an attempt to turn the voters against the office. The personality and temperament of the next Ombudsman is to be determined by the Flint City Council and those citizens that wish to join this debate.
But even the Flint Journal said "Maybe there is still a chance that the office can be reinvented so it can fill the role envisioned when the charter was adopted in 1974. But that would take a very energetic intervention and commitment by the council. Above all, it would have to select an ombudsman who is bold, beholding to no one and morally uncompromising. Only then could this potentially useful asset of Flint government possibly work out. "
THE ONLY WAY THIS WILL HAPPEN IS IF YOU GET INVOLVED!
Here I challenge the community leaders of Flint MI to get involved in this debate " Should the Flint Community retain the officer of Flint Ombudsman.? Call me if you think I can help.
Sincerely -Terry R. Bankert
The Flint Citizen is a publication of Terry R. Bankert of Flint Michigan USA. http://enewsblog.com/terrybankert/
attorneybankert@yahoo.com |
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Thu Dec 15, 2005 6:53 am |
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Ted Jankowski
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Gees o Pete Terry,
I enjoy reading your articles you make some great points. But can you shorten it up a bit.  I have been to the Ombudsman Office in the last two years. I was NOT impressed with their "lackluster" investigation or obvious "Blow off." I could define it either way. Say, we get the community to retain it by vote. OK what then? I can understand where they are coming from when it comes to being a waste of money. Maybe we need to change the term in office, or make it a resident elected position. But this current system is not and has not worked for some time. I see you agree. I truly believe in the idea of having an ombudsman. However, if we retain the position. I believe, (and I think you might even agree) that we will end up again with a council, under direction of the Mayor, that will again appoint another Ombudsman, to undermine the office. If only to prove their point, that they believe we don't need the office and it is a waste. So it will become another appointment by the Mayor as a Payoff. You can argue that it is an appointment by the Council. I may have believed that with the last council. But not this paid for.. um I mean elected council. This is proven by “These political professionals have organized a sure failure election without subjecting themselves to real public debate on the office.” You are correct. They are acting like a puppy that has been beaten. They seem afraid to enter in any real debate for fear of being called argumentative by the Public and/or the Williamson administration. There is more back bone in a jelly fish than we have on this council now.
One side note: “The Ombudsman can only seek information on the failure of City services or suspected misconduct” Does this mean that one can go to the Ombudsman when the City Charter has been violated by either the Council or the Mayor to file a complaint? We just got to pay out for the Mayor and the former city council not following the charter by handing out Non-Bid contracts. Or am I stretching here. Because, these discussions with you have given me many ideas. |
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Thu Dec 15, 2005 8:57 am |
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Ted Jankowski
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Sat Dec 17, 2005 11:21 pm |
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terrybankert
F L I N T O I D
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Should the Ombudsman in Flint be retained, a discussion.
FLINT CITIZEN- By: Terry Bankert 12/18/05 Flint MI USA
Should the Ombudsman in Flint be retained, a discussion with Ted.
Ted Jankowski wrote in response to a Terry Bankert posted case statement for the Ombudsman office: I have been to the Ombudsman Office in the last two years. I was NOT impressed with their "lackluster" investigation or obvious "Blow off." I could define it either way.
Terry Bankert response: You cannot define it any other way. The old Kincaide council killed the office. The children that worked for Binion did not know their mission, they were untrained, no leadership. Binion came here to diminish the office and was well on her way to that objective before she became ill. Her illness just worked to the advantage of those whose intent since the set up and humiliation of Buchanan was to destroy the office.
Ted Jankowski wrote: Say, we get the community to retain it by vote. OK what then?
Terry Bankert response: The election with a community vote to retain the office is a good thing. The communication process of the election will inform and mobilize a coalition that supports the Ombudsman mission. Accountability!! That same coalition will have to remain active and vocal to create the public pressure for the selection of a strong independent individual to the position
Ted Jankowski wrote: I can understand where they are coming from when it comes to being a waste of money. Maybe we need to change the term in office, or make it a resident elected position.
Terry Bankert response: No classical Ombudsman are elected. The concept of independence in the Ombudsman position is based upon
1. A one time only 7 ear term
2.Compensation equal to the city clerks
3.Investigative powers to include an administrative subpoena. The same power an attorney has in a cause of action.
Ted Jankowski wrote: But this current system is not and has not worked for some time. I see you agree. I truly believe in the idea of having an ombudsman. However, if we retain the position. I believe, (and I think you might even agree) that we will end up again with a council, under direction of the Mayor, that will again appoint another Ombudsman, to undermine the office. If only to prove their point, that they believe we don't need the office and it is a waste. So it will become another appointment by the Mayor as a Payoff.
Terry Bankert response: This is why the election process is a good thing.
Ted Jankowski wrote: You can argue that it is an appointment by the Council. I may have believed that with the last council. But not this paid for.. um I mean elected council. This is proven by “These political professionals have organized a sure failure election without subjecting themselves to real public debate on the office.” You are correct. They are acting like a puppy that has been beaten. They seem afraid to enter in any real debate for fear of being called argumentative by the Public and/or the Williamson administration. There is more back bone in a jelly fish than we have on this council now.
Terry Bankert response: First they had to do what it takes to get elected. Then once elected they have to learn the job. Then while learning the job they have to pass a budget and handle the intense competing constituencies with incompatible agendas. Mean while they are dealing with citizen complaints. Time will change this council. They are all good people just trying to do a hard job. By the middle of the summer we will see what they are made of. I do not anticipate that I will be disappointed. [ I just want tough people who will do their home work and make tough decisions.] By fall their backbones will show.
Ted Jankowski wrote: One side note: “The Ombudsman can only seek information on the failure of City services or suspected misconduct” Does this mean that one can go to the Ombudsman when the City Charter has been violated by either the Council or the Mayor to file a complaint? We just got to pay out for the Mayor and the former city council not following the charter by handing out Non-Bid contracts. Or am I stretching here. Because, these discussions with you have given me many ideas.
Terry Bankert response: Taking allegations of charter violations to the ombudsman for a public judgement and public report to the community thereby causing a change in public opinion and community pressure is fundamental to an effective ombudsman operation. Short answer yes.
Ted Jankowski wrote: Please respond
Terry Bankert response: I post once a day. [4-5 a.m.] I do not post to chat rooms. I don’t like trolls. ( i.e. TV 5 forum.) TV 12 is okay but nobody answers., I have my own blog, Flint Citizen [ low readership], but Flint Talk holds the most promise, I will help to make it grow . My preference is to add to the community discussion by longer pieces with facts and my 25 year history, for what it is worth. There are plenty of others to write one liners, but authors should respond to those that reply. Point well taken.
The Flint Citizen is a publication of Attorney Terry R. Bankert (Family Law ) of Flint Michigan USA. http://enewsblog.com/terrybankert/
attorneybankert@yahoo.com
Terry R. Bankert P.C., 1000 Beach St., Flint MI 48503 810.235.1970 fax 234-5080 |
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Sun Dec 18, 2005 5:06 am |
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mysearchisover.com
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I think the best point raised was the two year terms. I think this city should quit trying to be like every other city and go back to being Flint. This includes the original two year terms for mayor and city council!!! We are bound to some day get bad council members and perhaps a bad mayor. Without someone with money to launch a recall Flint will be stuck with them for two years too long!!!
Adam Ford
http://mysearchisover.com
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Sun Dec 18, 2005 1:15 pm |
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Ted Jankowski
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| I believe the thinking was it saved the city money by having less elections. However, I'm questioning that idea. I don’t mind the four year term. I think the Mayor and Council should be voted on at the same time though. Oh, and I was personally against the recall. The city of Flint knew the former Mayor was cooking the books just as we know this one is a convicted felon. We as a majority voted them into the office. There are things that Stanley did that was brilliant and I’m still waiting for Don to do something. When he does, I’ll be jumping for joy and the first to post his success. However, I’ve been dismally disappointed so far. In all the areas that he could actually do something about. Make a change for the good that he could take credit for. He has failed. He puts his Dance instructor Joe Conroy out there to play a tune and dance around the topic. http://tinyurl.com/93qrc He has been hiding his motives on everything that concerns the future of Flint. Including his recent uncontested and undenied charter violations. He wants us and the New Council wants us to believe this was just a novice. Sorry, but watching the way this administration has danced around the rules and searched the charter to find rules that support their own ideas. I’m not buying it. If Don was really getting something done for Flint. Say, lowering the crime rate... actually finding companies to move here (other than his own). Maybe I would cut him some slack. No, Hell If he actually did something about the crime rate I’d get down at his feet and worship him as god. The sad thing is that this is one area that HE CAN DO SOMETHING about. Yet he remains silent and action-less. What happened to that accountability platform he ran on. He must have meant everyone except his administration and the Police force. LOL What happened to his Millionaire’s club? You may think me crazy, But I’d bet everything I own. That if Flint dropped it’s crime rate to below the National average. We’d have businesses fighting to come here. |
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Sun Dec 18, 2005 7:43 pm |
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Ted Jankowski
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Terry,
Thank you for the response. I believe I would actually like to meet you sometime. I'm sure some people see me as a loose cannon. But I'm really a pretty level headed guy. At least I think so. LOL Do you stop in at the White Horse ever? |
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Sun Dec 18, 2005 8:14 pm |
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MySearchisOver.com
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I hope businesses that want to move here aren't planning to buy vacant buildings in downtown Flint because the Mott foundation will not sell their vacant buildings. It quite amazing what a booming real estate market downtown Flint has even though you have all the boarded up closed buildings. There's NO buildings for sale in downtown Flint. The Mott Foundation refuses to sell!!! Can anyone say eminant domain?
While I'm on a role. The city and mayor seem to think the Parks director has done a good job cleaning the parks. Most of them are Trashed!!!
In addition some members of the city of Flint school board do not even have email. Not to worry though. I don't think Flint students will need to learn how to use email if they work for Mc Donalds or other low end jobs.
webmaster@mysearchisover.com
http://mysearchisover.com
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Tue Dec 20, 2005 2:40 pm |
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Ted Jankowski
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| Hey you can't say anyting about Mott! <wink wink> Because they have done so much for the city. It would seem ungrateful to say anything against the Mott Foundation. Look at all the Money they've given to this city. If they want to leave their buildings down town all boarded up. Who is going to say anything about it. Flint cannot survive without the Mott Foundation. |
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Tue Dec 20, 2005 5:23 pm |
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quote:
MySearchisOver.com schreef:
I hope businesses that want to move here aren't planning to buy vacant buildings in downtown Flint because the Mott foundation will not sell their vacant buildings. It quite amazing what a booming real estate market downtown Flint has even though you have all the boarded up closed buildings. There's NO buildings for sale in downtown Flint. The Mott Foundation refuses to sell!!! Can anyone say eminant domain?
While I'm on a role. The city and mayor seem to think the Parks director has done a good job cleaning the parks. Most of them are Trashed!!!
It took two years and at least 8 children's broken bones to get wood chips on the city playground next to Potter school. The City and the schools should combine resourses or at least work together on these sites.RAP
In addition some members of the city of Flint school board do not even have email. Not to worry though. I don't think Flint students will need to learn how to use email if they work for Mc Donalds or other low end jobs.
Excuse Me? The Flint schools has excellent technology for the students. Labtops in many 4th -6th classes, computer labs ect. What they need is to make them accessable for afterschool programs with parents to do homework. Sorry to say this would most likely result in theft of computers. The Flint School Board turned down a proposal for Labtops for School Board members...They felt the resources better used for the students. If you want to contact school board members attend a school board meeting! I have contacts for most members wether by phone or email. Who do you want to reach?RAP
webmaster@mysearchisover.com
http://mysearchisover.com
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Tue Dec 20, 2005 9:27 pm |
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Rapunzel
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Sorry to have gotten off topic.
If the ombudsman position is approved.....
1st. When will the new improved council select the applicant?
Meaning will they have learned the job as it was said before said applicant is picked?
2nd. Will said applicant actually be a check if proposed by the current majority on the council? |
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Tue Dec 20, 2005 9:43 pm |
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Ted Jankowski
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| Did you read any of my posts? That was one of the things I was concerned about. I think Terry felt that the last one was selected to fail. And I believe the knew one will be whomever the Mayor supports. I'd love to have that job. But, I don't believe they would want a proactive Ombudsman. LOL just based on the current charterviolations by both the Mayor and the City Council. No Bid contracts, Giving Contracts to outside the city business's, And money that has been approved to be spent for one thing never being applied to it. No they couldn't handle me. Plus my Love affair with our Flint Police Dept. That alone would not make me a likely candidate. LOL |
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Tue Dec 20, 2005 11:05 pm |
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rapunzel
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Yes. Jerr bear,
Just put in shorter wording.
Peace,
Rap. |
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Wed Dec 21, 2005 12:33 am |
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