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Topic: After the Pro Ombudsman movement, whats next?

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terrybankert
F L I N T O I D

FLINT CITIZEN- By: Terry Bankert 02 /17/2006
The pro ombudsman movement began with the Flint Talk Thread. “ Internet creates local political movements” begun by Adam Ford.
http://www.flinttalk.com/viewtopic.php?t=357
Our task was to take the energy of the internet forums and discussion boards and translate in to political action. Boots on the street if you will.

After the 28th and the ballot question on the Ombudsman a template of our actions should be posted to help future groups on future issues.

To Adam Ford, Ted Jankowski, Steve Meyers and Rapunzel thank you.

A conversation with Adam, Steve, and Ted. Based on recent posts on Flint Talk
http://www.flinttalk.com/viewtopic.php?t=418



Adam Ford- I think the debate went excellent! I think Bankert is a better debater so I'd say he won hands down. There were a few chants of Bankert for mayor. I though that was nice but Terry was saying he doesn't want to get back into politics. Interestingly Attorney Donellon seemed to concede the election. He thinks the Ombudsman office will be retained.
Bankert- I was surprised by that concession. But, this will be a low turnout election. Most of your friend will not vote unless you talk to them.

Adam Ford- Terry explained what the office is for and explained the things he used to do and issues he looked into.
Bankert- I will post my hand out sheet and the end of this article.

Adam Ford- He also mentioned promulgated rules which is interesting. I think I will look more into that. Personally I think the Ombudsman will be retained but I am wondering if it will be very close.
Bankert-The Charter Revision Commission that Flint City Governmental accountability after voting was to be ensured by the interrelationship between the ombudsman, standard of conduct board and the requirement of promulgated rules and procedures. Consider promulgated rules and procedures to be part of the citizens owners Manuel.
Adam Ford- I expect the north end and the east side to support it strongly.

Adam Ford- Another interesting thing Terry said was he thinks any one of us in the room would be qualified to be the Ombudsman. He also said when he ran the office there was a $450,000 budget!!!
Bankert- Any community leader with common sense and backbone can be Ombudsman. I had department referring their complaint to me. We actually save the city money and increased complaint handling efficiency by our centralized approach.
Adam Ford- He did say that he feels the office could be effectively run with under $200,000 perhaps as low as $150,000. I think the next debate should be much better.
Bankert- As I said at the debate we will be in a start up mode. The intake volume will not be there until credibility is reestablished.
Adam Ford- Terry also mentioned about the reasons for the previous problems with the office such as Patrick Buchanan getting booted out and the city purposely putting in a week Ombudsman. I guess Binion really is very sick though.
Bankert- The Office has been ineffective since the ouster a previous ombudsman.


Steve Meyers- Joe Q Public had no idea what an Ombudsman is and he does not like the PO PO.
Bankert- I agree. But low turn out voters are older, better informed. Most will be on the list of previous school board voters. Many will know of the office.
Steve Meyers- I predict a very low turn out and the proposal will pass or fail by 20 to 30 votes.
Bankert- I agree. Your talking to 10 people, convincing them to retain the ombudsman by voting no on proposition 2 could win the election!!!!



Ted Jankowski- Steve you definitely add some spice to the conversation. You are correct in that John Q public has no idea what the office is or who it was or why we even have it. I talk to at least 5 new people every day. two out of five even know what an Ombudsman does. And out of the two they didn't know Flint even had one.
Bankert- Ted your yard signs could win the election by letting those with Ombudsman knowledge know the issue was before them on 2/28/06


Ted Jankowski- So it is a difficult path for us to travel in gaining support.
Bankert- Absolutely

Ted Jankowski- What I believe is going to happen. Is they will again Choose someone politically connected, who follows orders and cannot think for themselves. They will set the office up to fail miserably. Then use it as another reason to get rid of the office.

Bankert- Only the community can keep this from happening. Our next task will be to mobilize community scrutiny


Ted Jankowski- From what I've read about the position. The Ombudsman really doesn't have any authority to enforce or make policy.
Bankert- No it does not that what we elect a Mayor And Council for.

Ted Jankowski- If the ombudsman does his job correctly. He/She will report the findings of their investigations openly and fairly. then make recommendations. If presented the right way. Blame can be made and correction recommended to the betterment of everybody.
Bankert- I agree

Ted Jankowski- Public offices can be actually held accountable. Once the recommendation has been made it is made public. The public will decide if the Ombudsman is doing his job or not.
Bankert- The Ombudsman is under more scrutiny that the mayor or council.

Ted Jankowski- The Charter requires reporting to council at least annually. I believe that should be changed to quarterly. Findings should also be made available online quarterly. Summaries of investigations, and recommendations that have been made.
Bankert- I reported monthly.


Ted Jankowski- City Council should then take up the torch and follow up to see if the recommendations are being implemented. If I was Ombudsman I would be taking an active role in making sure that recommendations where being implemented. If not, I'd report the excuses given as to why they haven't been. Accountability, Accountability Accountability!!!
Bankert- You are correct.



FLINT OMBUDSMAN REPORTS
Source Annual reports 1987 to 1991 and information previously produced by the Flint Ombudsman office.

YEAR COMPLAINTS
1980 423
1981 337
1982 442
1983 1241
1984 1216
1985 1775
1986 1483
1987 1333 [614 FULL INVESTIGATIONS]
INVESTIGATIONS
1988 601
1989 688
1990 703
1991 633
1992 666


note the Ombudsman before me report intakes I reported investigations. I took office in 1987.


Examples of the Ombudsman cutting red tape.
Source Flyer produced by the Flint Ombudsman office [ year unknown thought to be about
1989]

FENTON RD- A citizen charges poor maintenance of the city sewer system resulting in his home being flooded in 1985.

CARPENTER RD-A vacant lot has become an eye sore and weeds need to be cut and garbage cleaned up.

W.DAYTON-A young man accuses the police department of confiscating about $1,700.

N.FRANKLIN-A citizen complains that the mayor refuses to meet with him to discuss a police investigation.

PASADENA-A citizens files a complaint that a truck was towed illegally from in front of his home.

W.COURT-A citizen complain that the police are harassing him.


RICHFIELD- A home owner complains that her water bills are too high.

ATHERTON-A citizens complain s that the police have refused to take her complaint.

S.BALLINGER-A mother seeks help in obtaining her childs medical records from Hurley Medical Center.

LIPPENCOTT-A resident was assisted getting the city to pick up some branches he has cut down from his yard.

LEITH-A citizen has complained that a water department employee was rude to her when she went to pay her overdue water bill.

DUPONT- A woman complains the water department did not inform her she needed grounding straps on her outside meter and this resulted in extensive damage to her home electrical system.

PIERSON- A long term dispute between neighbors is flaring and police have been unable to resolve it.

STEWART- A citizen complaint about a smelly dumpster next to her home that is not being maintained by the store owner that owns it.

HEMPHILL-A citizen needs assistance obtaining a copy of an accident report from the police department.

GRAND TRAVERSE-A resident complains that he received a water bill that was too high

HAMILTON-A woman complains that the towing company would not release her car but would take her money.

LONGWAY- An alleys near the mans home is full of garbage.

TIMBERLANE- A citizen complins that the water department is overestimating his bills.

CIRCLE DRIVE- A woman says her neighbors are dumping materials on her property and nothing has been done to remove them.

RUSSELL- A resident says two city employees have been ordered to spend time soliciting for a charity.

FLEMING- A man complains a lack of service on complaints regarding a car repair business that parks cars over the side walk.

BEECHER- A driver says he was improperly towed.


A SAMPLE OF OMBUDSMAN REPORT FILED.
SOME OF THE REPORTS FILED UNDER JAMES ANANICH SR.
[note: each Ombudsman had a staff that investigated and drafted with the Ombudsman oversight of critical reports.]

01 /21 /87 A police officer is found to have used excessive force...
01 /28/87 A review was made of the citys attempt to deal with bacterial contamination in the water supply. A series of recommendations were made, including a regular testing program for chlorine by-products, regular public announcements when disinfectant levels are changed and improvements to the maintenance of the water lines.
02 /04 /1987 It was determined that delays in granting a sludge disposal contract cost taxpayers $959,000 in 1986. It was recommended that a cost-benefit analysis be conducted to determine the best method for disposing of sludge from the citys water pollution control plant.

03/ 09/1987 Police are advised to refrain from including in reports their evaluation of citizens mental capacities. It was recommended they avoid and derogatory adjectives.

04/ 09/ 87 Improvements were recommended in the citys maintenance of Riverside Drive.

06 /23/ 87 A police officer was criticized for shooting a caged dog.

SOME OF THE REPORTS UNDER TERRY BANKERT

10 /7/ 87 A Series of recommendations were made to prevent the misuse of city employees and facilities for political purposes. It was also recommended that the Standards of Conduct Boards serve as the body to review complaints of violations of the proposed policies.

01/ 05/ 1988 The ombudsman finds a lack of adequate notification by the city to business and residents affected by the August work on Mackin Road. We recommend establishing procedures to provide written notice when street repairs are anticipated.

01 / 11/ 88 A report in response to a City Council request for a proposed Code of Ethics for elected or appointed official.

02/ 03/ 88 A report concerning delays in processing income and property tax checks. Finding: Delays in processing income and property tax checks by the City of Flint may have cost more than $1 million in lost interest over the last 5 years.

05/ 09/ 88 A report outlining the advantages of a consistent citywide complaint handling system.

06/ 27/ 88 A report based upon a complaint of physical abuse of a prisoner in police custody.

11/28/88 A report based on a complaint that an off duty officer entered a street fight.

04/05/89 A report concerning suspected illegal activities by city employees.

04/19/1989 A report concerning management of the citys cable Television Franchise.


05/ 12/ 89 A report concerning the Tradgey on Grace Street. Resulting in changes in how police shift changes are administered.

12/ 06/8 9 A report concerning violation of the citys emergency purchasing procedures.

12/7/89 A report concerning illegal dumping along Gilkey Creek.

12/7/89 A report concerning the enforcement of domestic violence laws.

12/21/89 A report concerning Police physical abuse.

12/22/89 A report concerning barriers to filing complaint about police misconduct.


1990 I could not locate the 1990 annual report. It is on file in the City Clerks office.

01/24/91 A report concerning the safety of drivers whose vehicles were impounded.

02/04/91 A report concerning the abuse of donated resource.

03/5/91 A report concerning the citys damage claim policies.

04/ 26/ 91 A report concerning the demolition of substandard housing.

05/31/91 A report concerning violations of the city residency policy.

06/14/91 A report describing a drug raid on the wrong home.

07/15/91 A report concerning illegal campaign activity by city employees.

10/04/91 A report describing a financial and environmental risk posed by a planned park.

12/06/91 A report concerning the removal of abandoned and junk vehicles.


If you have read this far thank you.
Terry Bankert 02/17/2006








The Flint Citizen is a publication of Attorney Terry R. Bankert (Family Law, divorce ) of Flint Michigan USA.
Weekly blog:
http://enewsblog.com/terrybankert/
e- legal advice at:
attorneybankert@yahoo.com
Posting regularly on
Flint Talk
http://www.flinttalk.com/
Mlive.com Flint Town Talk
http://www.mlive.com/forums/flint/index.ssf

Moderator of Child_neglect_abuse . Parents in child neglect or divorce proceedings
http://health.groups.yahoo.com/group/child_neglect_abuse/
Moderator of Flint Citizen Internet Internet Advocacy (FCIA)
http://groups.yahoo.com/group/Flintcitizen/
vita
http://enewsblog.com/terrybankert/post/2005-11-08_04:52:35/

Terry R. Bankert P.C., 1000 Beach St., Flint MI USA 48503 810.235.1970 fax 234-5080
Post Fri Feb 17, 2006 7:07 am 
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Ted Jankowski
F L I N T O I D


quote:
FENTON RD- A citizen charges poor maintenance of the city sewer system resulting in his home being flooded in 1985.
CARPENTER RD-A vacant lot has become an eye sore and weeds need to be cut and garbage cleaned up.
W.DAYTON-A young man accuses the police department of confiscating about $1,700.
N.FRANKLIN-A citizen complains that the mayor refuses to meet with him to discuss a police investigation.
PASADENA-A citizens files a complaint that a truck was towed illegally from in front of his home.
...


These all appear to be things still happening today!! Every DAY!!!

Who is taking care of them now? No ONE. When this crap happens and no one will do anything about it. It creates an disgruntled atmosphere in Flint. This is the beginning of the "I don't give damn" attitude created by the city bureaucracy and carried over into attitudes of defensiveness, apathy and disgust with anything having to do with Flint.

And what people don't realize. Is once you get screwed by the system. People in general become very angry. The bureaucracy creates a feeling of hopelessness. They've done everything they can to get a problem taken care of. Their City government, created this negativity and disgruntledness. And it is carried over into anything having to do with the city or government. They had a problem that Government (which is supposed to handle) didn't resolve their problem, ie Hurley records, potholes, investigations, law enforcement, etc. The things that we the people feel OUR taxes pay for and we should get results.

Terry, The more you write on the topic the more excited I get about what good things can happen with an effective Ombudsman.

Once we get one. And they are a good one. It will take some time. But I think if we can get many of these issues brought into the light and resolved openly. Let me stress OPENLY . I think in a few years we can turn citizens attitudes and response by the city around. I went to the Ombudsman office as a last result. I think most people do. If we have an Ombudsman looking into the same things constantly and reporting on it. Then the Citizens and Council and Mayor can be held responsible for the things they have control over. Accountability Accountability Accountability
Post Fri Feb 17, 2006 9:25 am 
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terrybankert
F L I N T O I D

Former ombudsman leads group trying to save office
FLINT
THE FLINT JOURNAL FIRST EDITIONFriday, February 17, 2006
By Robert Snellrsnell@flintjournal.com • 810.766.6302 http://www.mlive.com/news/fljournal/index.ssf?/base/news-34/1140195129197560.xml&coll=5

FLINT - A grassroots campaign is using information-age technology to save the troubled ombudsman's office.
1. The campaign, led by former ombudsman Terry Bankert, is using a Web log - or blog - an Internet group and e-mail to rally support and stir debate.
Campaigns on both sides of the issue are intensifying with less than two weeks before a Feb. 28 ballot initiative. Voters will decide whether to amend the city's charter to eliminate the 32-year-old ombudsman's office that investigates citizen complaints.
Bankert hopes the campaign will overcome what he believes will be low voter turnout and a controversial history that has blurred the office's effectiveness.
"If we get a good ombudsman appointed and the community stays engaged and supports and watches that person, we can increase citizens' feeling of accountability," said Bankert, an attorney who was ombudsman from 1987-94.
Meanwhile, 76 people - fewer than originally disclosed - have applied for the position if it survives the Feb. 28 vote.
Applicants include former Saginaw Mayor Gary Loster, former Flint District Court Magistrate Harrell Milhouse, Flint activist Eric Mays and Amy Roddy, the Durand clerk and a member of the Durand Board of Education.
The interview process will start Wednesday.
According to the City Charter, if the $70,000-a-year position is retained, it must be filled by March 11.
The new ombudsman would serve seven years and succeed Jessie Binion, whose term expired in January.
She took office in 1999, a tenure marked by a prolonged illness that left her unable to work for almost four years.
1. Budget cuts over the years have slashed the office's funding from $500,000 to about $200,000.
Bankert's goal is sharing information in hopes of preserving the office.
He has sent out 1,500 invitations to join an Internet group, where visitors can learn more about the ombudsman's office.
"It's beginning to hit critical mass," Bankert said. "I simply wanted to create an option so that people could get information about what they could lose if the ombudsman office fails."
Bankert's group has 47 members, many of whom swap thoughts and devise campaign strategies via the Internet.
One member, Flint resident Ted Jankowski Jr., has distributed signs throughout Flint advocating the cause. He is among candidates who applied for the position.
"The people of the city of Flint deserve accountability from government and law enforcement," Jankowski wrote in an e-mail. "I truly believe that a good ombudsman can make a difference."
***
QUICK TAKE
A public panel discussion is scheduled for 7-9 p.m. Thursday at the International Institute.
Panelists who are ombudsman advocates are Terry Bankert, a former ombudsman, and Kathie Dones-Carson, president and CEO of the Detroit Black Chamber of Commerce. Dones-Carson also is a former deputy Flint ombudsman.
Panelists who favor eliminating the position are Councilman Ehren Gonzales and Thomas M. Donnellan, an attorney and former Flint District Judge.
Visit former ombudsman Terry Bankert's advocacy group at http://groups.yahoo.com/group/flintcitizen/
Post Fri Feb 17, 2006 12:53 pm 
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Ted Jankowski
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Very Nicely Done!!
Post Fri Feb 17, 2006 2:01 pm 
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Ted Jankowski
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BTW, I can see how great minds think alike. From the article I seen something I was just commenting on about the office. It was something you and I had never discussed. But we obviously have the same feelin on. I can see I've been active with good people. That have commmon sense and truly want to see justice done in this community. Good job Terry!
Post Fri Feb 17, 2006 2:07 pm 
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Adam Ford
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Back to the original question: After the Pro Ombudsman movement, whats next?

If the Ombudsman Fails we could try and get Terry back into the Ombudsman position. If it wins I will frankly be irate if we get someone who is either not from Flint/not connected to the communtiy, technologicly outdated or a gutless coward that doesn't even attend council meetings.

2. I'd like to get a 2 year term for council and a two year term for mayor on the November ballot. I'd like to see this town go back to being Flint. I've heard some people remember the days of two year councilman? Does anyone remember the Days of our two year mayors like Charles Stewart Mott and Flint Mayor, Michigan governor and grandfather to William Crapo Durant, Henry Crapo.

3. Looking ahead in January the next mayoral race could begin. That is less than a year away. I don't know about anyone else but I intend to be very active in that. I think Williamson is a good if not great mayor but he doesn't seem like a Mayor Rudolph Guliani caliber which is what I think this town needs. I think Patrick Buchanan would make a good candidate but I doubt he would run. Terry Bankert would also be a very legitimate candidate but he says he isn't interested. There's a chance I might try and get a Republican on the ballot. Smile

Adam Ford
webmaster@mysearchisover.com
Post Fri Feb 17, 2006 8:42 pm 
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rapunzel
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Feeling of accountability= perception

The perception of city services is low

The perception of city schools is low

No matter how good or how poorly they are doing, the perception is key to adequate funding.
Post Fri Feb 17, 2006 11:45 pm 
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