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00SL2
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The subject of the Ombudsman has been much discussed, and Terry Bankert included Alex Harris' Letter to the Editor (shown below) in Good Morning Flint topic with his own comments. Some of the previous references and Ombudsman's website reference follow Alex's letter below.
Pink-slip Flint ombusdsman
FLINT JOURNAL LETTER TO THE EDITOR
FLINT
THE FLINT JOURNAL FIRST EDITION
Tuesday, February 19, 2008
By Alex Harris
Journal Reader
Flint Ombudsman Brenda Purifoy and the office she oversees is a prime example of the utter waste taking place with our community's tax dollars. With city revenues steadily dwindling, with major cutbacks in services on the horizon and with ever-growing deficits looming, taxpayers can ill afford the extravagence of Purifoy's do-nothing office that costs us $400,000 a year.
Over the nearly two years this discredited former police officer has held the ombudsman's job, virtually nothing of value has been derived from her meager efforts. Look no further then her 2006-07 annual report to discover Purifoy's office is an outright sham. During that period, Purifoy and her staff made claim to having handled 1,118 complaints. While that figure sounds impressive enough, a closer review shows no tangible evidence of meaningful results.
The sad fact is only 34 notations were cited in the section of Purifoy's report titled "The office in action: case studies." Even more astonishing was the childish, diarylike quality of these brief notations that lacked any specificity. The chief highlights of these 34 notations seemed to be: two individuals got referred elsewhere, three complainants were "assisted," one investigation was "undertaken," and the office of ombudsman helped somebody complete a form. Wow, all that in just one year.
Recently, Purifoy captured some newspaper print in the aftermath of a politically inspired affair she chose to interject herself into. The so-called investigation Purifoy launched was inspired by a frivilous complaint against current Flint City Council President Carolyn Sims and stretched back to the November 2005 election cycle. Acting on the groundless claims of a woman who said she was deprived of the right to vote because of somebody associated with Sims, the ombudsman concluded that Sims should be criminally investigated for alleged campaign violations. Additionally, Purifoy demanded Sims be censured by her colleagues.
It should be no surprise these pathetic claims were engineered by a bitter and defeated old rival of Sims, one Benny Spence. Ironically, this startling piece of detective work by Purifoy came long after the county clerk, city clerk and county sheriff all concluded there was no substance to these silly allegations.
I believe there is ample proof Purifoy lacks the substance to hold the $70,000-per-year job as Flint's ombudsman. With layoffs in full swing in our city, I can't think of a person more deserving of a pink slip. Besides, it might free her up to finally pay all the delinquent tax bills she owes in our community.
Alex Harris, Flint.
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Rapunzel provided Charter reference for Ombudsman:
http://www.flinttalk.com/viewtopic.php?p=741#741
00SL2 posted about the Ombudsman investigation of Sims in a thread that was started with article, "Ombudsman calls for censure of Sims." [Note, Terry Bankert didn't post in this thread even though a question was asked of him. http://www.flinttalk.com/viewtopic.php?p=22401#22401.]
http://www.flinttalk.com/viewtopic.php?p=22393#22393
The Office in Action: Case Studies Ombudsman City of Flint (thread)
http://www.flinttalk.com/viewtopic.php?p=12897&highlight=ombudsman+report#12897
00SL2 posts: "Has anyone else taken the time to read this 19-page report? The cover letter states the report is being made in accordance with section 3-509 of the Flint City Charter. That section reads "The
Ombudsman shall report
at least annually to the City Council
action taken
under this Chapter.
All reports shall be made public."
Not all of the complaints shown state what action has been taken by the Ombudsman. I believe the resulting action taken by the Ombudsman on complaints filed with her office will be the measure by which Flint citizens feel the office is justified, and we are entitled to that additional information in the written report. A supplemental report is warranted."
http://www.flinttalk.com/viewtopic.php?p=12897#12897
2006/2007 Ombudsman Annual Report (May 2006 to May 2007), dated May 1,2007
http://www.cityofflint.com/ombudsman/AnnualRpt0607%20.pdf
_________________________________________________________
From the Ombudsman's website:
http://www.cityofflint.com/ombudsman/New/reports.html
Investigative Reports
The Ombudsman has a duty to investigate complaints, with the exception of those issues under the jurisdiction of the Civil Service Commission.
Investigative Process
Complainant's are advised to first exhaust other means available to solve the problem through administrative channels. If the Ombudsman does not have jurisdiction, the complainant is referred to the appropriate agency.
The Ombudsman provides a vital community service by referring over fifteen hundred cases a year to agencies and organizations when the Ombudsman does not have jurisdiction or where the complainant has not first contacted the department in the first step to resolve the problem.
Once Jurisdiction has been determined, the Ombudsman can take a complaint. Complaints are filed in person, by telephone, or by letter, by those who feel they have been treated unfairly or have a disagreement with an administrative decision or policy. Anonymous complaints, in some instances, are also accepted.
A complaint is then thoroughly and impartially investigated. Evidence is collected and the facts of the case are determined. In some instances a case can be resolved or mediated. Other times the only solution is to criticize the official act or make a recommendation for change.
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Wed Feb 20, 2008 9:23 pm |
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last time here
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you would think the journal would at least check it out before printing.
do you think they'll print the rebuttals?? |
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Wed Feb 20, 2008 9:39 pm |
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terrybankert
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quote:
00SL2 schreef:
The subject of the Ombudsman has been much discussed, and Terry Bankert included Alex Harris' Letter to the Editor (shown below) in Good Morning Flint topic with his own comments. Some of the previous references and Ombudsman's website reference follow Alex's letter below.
00SL2 posted about the Ombudsman investigation of Sims in a thread that was started with article, "Ombudsman calls for censure of Sims." [Note, Terry Bankert didn't post in this thread even though a question was asked of him. http://www.flinttalk.com/viewtopic.php?p=22401#22401.]
http://www.flinttalk.com/viewtopic.php?p=22393#22393
[/i]
I bill by the hour to be as available as your statement implies I should be to you. You must be with the media that was a classic not available for comment with the implication there is something to hide when in effect it is cheap journalism. I looked under every rock I could find to respond to your post so I will do it here.
Q:Who is responsible for determining whether the Ombudsman has acted within her jurisdiction? The city council? Terry, can you answer this for us?
A;Flint City Council can remove the Ombudsman by a super majorityu see Buchanan termination.
------------------------
A response to Alex Harris [AH] By Terry Bankert[trb]
Flint Talk:
Flint Ombudsman Brenda Purifoy and the office she oversees is a prime example of the utter waste taking place with our community's tax dollars. [AH]
I am sorry Mr. Harris that you side with those that do not want to hold government accountable.[trb]
With city revenues steadily dwindling, with major cutbacks in services on the horizon and with ever-growing deficits looming, taxpayers can ill afford the extravagence of Purifoy's do-nothing office that costs us $400,000 a year. [AH]
Did you join the Flint Journal Editorial Board and/or the City Adminstration Mr. Harris.[trb] Brenda Purifoy has done a lot for us in Flint here are just a few examples from her annual report.[trb]
16-May-06 A Flint Police Officer is accused of favoritism, abuse of authority
unfair treatment of a citizen because of friendship with the accuser.
30-Mar-07 Citizen confides in Ombudsman of possible drug dealing at
corner store. Ombudsman refers same to Special Operations.
26-Sep-06 Complainant received notification from Flint Police Dept
to pick up impounded vehicle. Upon checking found vehicle had already been sold.
23-Jun-06 The Office of the Ombudsman assisted complainant with
negotiating payment of delinquent tax bill.
08-Jan-07 Allegations of unfairness and lack of courtesy was filed against
Flint Police Officers while on duty.
18-May-06 Allegations filed against 911 Operator of negligence for not
responding to a call. Ombudsman Office investigated the allegations
and lack of response by Operator was sustained
06-Apr-07 Lack of discipline allegations was filed against Interim Chief
of the Flint Police Dept. Damage claim form completed was submitted
to the City Attorney.
19-May-06 Excessive Force complaint filed against Flint Police Officers
22-Aug-06 It has been determined that an off duty Police Officer
violated numerous department rules and regulations
regarding a citizens rights, consequently resulting in lawsuit.
25-Sep-06 Anonymous complaint made that certain employees misused
Family Leave Act.
11-Sep-06 Allegations of harassment, unfairness and negligence by
Building and Safety Inspection division regarding rental
home inspection.
26-Sep-06 Allegations made against Flint Police Department of
errors, carelessness, mistakes and oversight.
28-Nov-06 Allegation made against a Sergeant of the Flint Police Department alleging favoritism, rudeness, harassment and disrespect, regarding gun charges.
18-Jan-07 Complainant vehicle was towed and placed in the City Vehicle
Impound Lot. Upon investigation found complainant had
the wrong agency. Referred to Genesee Township Police Department.
Flint Police was the assisting agency and not at fault.
23-Jan-07 Due to the negligence of an area hospital and its security a mentally challenged person wondered away. Missing persons complaint was
filed with the Flint Police Department. Allegations of lack of response
and negligence were filed against the Flint Police Department.
Office of Ombudsman made appropriate contacts and assisted
in locating the individual.
23-Mar-07 Complainant alleges off duty intoxicated Officers abused their authority by brandishing police badges, being assaultive, belligerent,
intimidating and threatening while at complainants business.
15-May-06 Complainant alleges unfairness and inadequate investigation
by Flint Police Department in the death of her son.
21-May-06 Complainant alleges he had a complaint against a judge and was as a result mistreated by police.
22-Aug-06 Complainant alleges unfair treatment by City Vehicle Impound Lot employees.
13-Feb-07 Complainant alleges items were withheld in a 1995 murder
investigation family just wants closure and the items of
their loved one returned. Police Dept accused of being rude and lack of courtesy.
23-Feb-07 Allegations made against Flint Police Department of abuse of authority violation of laws and regulations and injustice for the illegal
searching of her home.
17-Jan-07 Allegations made against Treasury Department for violations
of laws and regulations regarding property taxes
08-Feb-07 Allegations made against the Flint Police Department regarding
the City Impound Lot for injustice and unfairness with towing of their vehicle.
15-Feb-07 Allegations of negligence made against Street Maintenance and
Transportation.
23-Mar-07 Allegation of negligence were filed against the Forestry Dept.
for not removing a City tree.
29-Mar-07 Office of the Ombudsman assisted mother in locating the whereabouts of her missing son.
13-Oct-06 Allegations against process server and police officer of taking
property from his residence without having proper paperwork.
19-Sep-06 Allegations against police and City Impound Lot of unfairness and improper towing and retaining of his vehicle.
16-Apr-07 Treasurer Department accused of oversight and mistakes in law
regarding high water bill.
20-Apr-07 Allegations made against Building and Safety Inspection of being
rude and unfair.
01-Sep-06 Allegations of mistakes and administrative errors against
Personnel/Risk Management.
21-Sep-06 Allegations made against Emergency 911 of unfairness
and negligence in not dispatching police to a call in time.
31-Jul-06 Complainant made allegations against City Attorney
Alleging rudeness and unfairness.
26-Jul-06 Allegations against probation officers at 68th District Court alleging abuse of authority, rudeness and unfairness.
Over the nearly two years this discredited former police officer has held the ombudsman's job, virtually nothing of value has been derived from her meager efforts. Look no further then her 2006-07 annual report to discover Purifoy's office is an outright sham. [AH]
Yours is just a cheap attack on the office that has held your friend accountable,Mr.Harris.[trb]
During that period, Purifoy and her staff made claim to having handled 1,118 complaints. While that figure sounds impressive enough, a closer review shows no tangible evidence of meaningful results.[AH]
Most cases resolve issues for the citizens involved not political gadflys like Mr. Harris.[trb]
The sad fact is only 34 notations were cited in the section of Purifoy's report titled "The office in action: case studies." Even more astonishing was the childish, diarylike quality of these brief notations that lacked any specificity. The chief highlights of these 34 notations seemed to be: two individuals got referred elsewhere, three complainants were "assisted," one investigation was "undertaken," and the office of ombudsman helped somebody complete a form. Wow, all that in just one year. [AH]
Alex you should do your homework you got it wrong.[trb]
Recently, Purifoy captured some newspaper print in the aftermath of a politically inspired affair she chose to interject herself into.[AH]
Mr. Hariis you have no credibility.[trb]
The so-called invest ligation Purifoy launched was inspired by a frivilous complaint against current Flint City Council President Carolyn Sims and stretched back to the November 2005 election cycle. [AH]
It appears to me she did her job.[trb]
Acting on the groundless claims of a woman who said she was deprived of the right to vote because of somebody associated with Sims, the ombudsman concluded that Sims should be criminally investigated for alleged campaign violations. Additionally, Purifoy demanded Sims be censured by her colleagues. [AH]
It was a tough stand to take, but our Ombudsman stood her ground,[trb]
It should be no surprise these pathetic claims were engineered by a bitter and defeated old rival of Sims, one Benny Spence. Ironically, this startling piece of detective work by Purifoy came long after the county clerk, city clerk and county sheriff all concluded there was no substance to these silly allegations. [AH]
Your saterical juvenile attack on the Ombudsman Mr. Harris is baseless, you should practice civility.[trb]
I believe there is ample proof Purifoy lacks the substance to hold the $70,000-per-year job as Flint's ombudsman. [AH]
Non that I see.[trb]
With layoffs in full swing in our city, I can't think of a person more deserving of a pink slip. Besides, it might free her up to finally pay all the delinquent tax bills she owes in our community. [AH]
This is exactly the time we need an Ombudsman ,while resources are being reduced, less people to do more work. We need an Ombusdamn to make sure we are treated fairly.[trb]
Office of the OmbudsmanCity Hall - North Building Rm. 101
120 E. Fifth Street
Flint, MI 48502
(810) 766-7335
Fax: (810) 766-7262
----
[AH]
Pink-slip Flint ombusdsman
FLINT JOURNAL LETTER TO THE EDITOR
FLINT
THE FLINT JOURNAL FIRST EDITIONTuesday, February 19, 2008
By Alex HarrisJournal Reader
http://www.mlive.com/news/flintjournal/index.ssf?/base/news-11/1203432615215630.xml&coll=5#continue
[trb]comments of Terry Bankert
http://attorneybankert.com/ |
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Wed Feb 20, 2008 10:26 pm |
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00SL2
F L I N T O I D
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quote:
terrybankert schreef:
quote:
00SL2 schreef:
00SL2 posted about the Ombudsman investigation of Sims in a thread that was started with article, "Ombudsman calls for censure of Sims." [Note, Terry Bankert didn't post in this thread even though a question was asked of him. http://www.flinttalk.com/viewtopic.php?p=22401#22401.]
http://www.flinttalk.com/viewtopic.php?p=22393#22393[/i]
I bill by the hour to be as available as your statement implies I should be to you. You must be with the media that was a classic not available for comment with the implication there is something to hide when in effect it is cheap journalism. I looked under every rock I could find to respond to your post so I will do it here.
Q:Who is responsible for determining whether the Ombudsman has acted within her jurisdiction? The city council? Terry, can you answer this for us?
A;Flint City Council can remove the Ombudsman by a super majorityu see Buchanan termination.
No, Terry, I'm not from the media. Since you have in the past identified yourself as a former Ombudsman and you do invite comments in your posts here on Flint Talk, I apparently made the mistaken assumption you read other threads and would see the post. My apologies, and thanks for taking the time to look up the question asked and responding to it. Your response, though, addressed removal, so I have to
assume
council is responsible for determining whether the Ombudsman acted within her jurisdiction with reference to the Sims investigation. Seems to me there would be some kind of conflict there, particularly with the ombudsman asking that Sims be censured by council. |
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Thu Feb 21, 2008 12:14 am |
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terrybankert
F L I N T O I D
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[quote="00SL2"][quote="terrybankert"]
quote:
00SL2 schreef:
Your response, though, addressed removal, so I have to
assume
council is responsible for determining whether the Ombudsman acted within her jurisdiction with reference to the Sims investigation. Seems to me there would be some kind of conflict there, particularly with the ombudsman asking that Sims be censured by council.
The Charter language on the Ombudsman follow, my comments are in [ ]
Sec. 3-501 Ombudsman.
A. The Ombudsman shall be appointed by a two-thirds (2/3) majority of City Council members elect.
B. The initial appointment shall be made within three (3) months after the date on which the first City Council elected under this Charter takes office.
(Adopted by the electorate, 11-5-74)
Sec. 3-502 TERM OF OFFICE.
A. The Ombudsman's term is seven (7) years.
B. The initial appointment shall be made within three (3) months after the date on which the first City Council elected under this Charter takes office.
(Adopted by the electorate, 11-5-74)
Sec. 3-503 VACANCY.
If a vacancy occurs in the office of the Ombudsman, the City Council shall, within sixty (60) days, fill the office for a seven (7) year term.
(Adopted by the electorate, 11-5-74)
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.
B. The Ombudsman shall have no power to investigate any matter under the jurisdiction of the Civil Service Commission.
[My summary is that the ombudsman has jurisdiction on any issue of the city employees,appointees and elected officals, multipemember bodies and contractors.-trb]
C. The Ombudsman, in accordance with Section 1-801 of this Charter, shall establish rules for receiving and processing complaints, conducting investigations and hearings, and reporting findings. No fee shall be levied for the filing or investigation of complaints.
[An Ombudsman can be critqued for not following their own rules.-trb]
(Adopted by the electorate, 11-5-74)
Sec. 3-505 POWERS OF INVESTIGATION.
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)
Sec. 3-506 DELEGATION OF POWERS.
The Ombudsman may delegate in writing to a member of his or her staff the power to administer oaths and take testimony. A delegation is revocable at will and does not prevent exercise of any power by the Ombudsman.
(Adopted by the electorate, 11-5-74)
Sec. 3-507 CORRESPONDENCE FROM PERSON DETAINED.
Any letter to the Ombudsman from a person in a place of detention, penal or otherwise, under the control of an agency shall immediately be forwarded unopened, to the Ombudsman.
(Adopted by the electorate, 11-5-74)
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.
[AN Ombudsman can ne critiqued for violating this section by employee, Mayor or Council.-trb]
(Adopted by the electorate, 11-5-74)
Sec. 3-509 REPORTS.
The Ombudsman shall report at least annually to the City Council action taken under this Chapter. All reports shall be made public.
(Adopted by the electorate, 11-5-74)
Sec. 3-510 DUTY TO REPORT ILLEGAL ACTS.
If the Ombudsman has probable cause to believe that any elective officer, appointee, employee, or member of an agency, or any person doing or seeking to do business with an agency has committed or is committing any illegal act, the Ombudsman shall promptly refer the matter to the appropriate authorities.
(Adopted by the electorate, 11-5-74)
Sec. 3-511 OBSTRUCTION.
The office of position of any elective officer or appointee who willfully and without justification or excuse obstructs any investigation of the Ombudsman by withholding documents or testimony may be forfeited.
(Adopted by the electorate, 11-5-74)
Sec. 3-512 IMMUNITY.
The Ombudsman and staff shall be, to the full extent permitted by state law, immune from any suit based on any report or communication performed within the scope of official duties.
(Adopted by the electorate, 11-5-74)
Sec. 3-513 LIMITATIONS.
The Ombudsman may not hold any office of trust or profit other than that of Ombudsman, or engage in any occupation for profit outside the duties of this office.
(Adopted by the electorate, 11-5-74)
Sec. 3-514 REMEDIES CUMULATIVE.
The remedies of this Chapter are additional to those provided under any other law.
(Adopted by the electorate, 11-5-74)
Sec. 3-515 SALARY AND OTHER COMPENSATION.
The salary and other compensation of the Ombudsman is equal to that of the City Clerk.
(Adopted by the electorate, 11-5-74)
Sec. 3-516 STAFF.
The Ombudsman shall be granted a budget adequate to allow such staff as is reasonable and proper for the performance of the duties of said office. All staff members shall be appointed by and serve at the pleasure of the Ombudsman.
(Adopted by the electorate, 11-5-74)
[The Ombudsman can be removed, the office budget reduced, the council could hold a hearing, or recieve and release their own opinion on jurisdiction, if the ombudsman is operating outside the scope of authority of the office legal remedy can be sought mandamous?-trb]
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Thu Feb 21, 2008 4:07 am |
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Public D
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I appreciate Terry's defense of the office – but Alex's critique of the office holder is well taken. It's true, they are short-staffed. It's also true that they have helped many people. That's great. But turning Mr. Harris' opinion into a referendum on the dos and don'ts of concerned citizen etiquette misses the point with distracting, patriarchal finger-wagging.
I certainly don't think it helps encourage active community participation in local government to have ex-government officials dismiss such active engagement as akin to being a "gadfly." Mr. Harris has every right to express his view any way he chooses. Yes, Mr. Bankert has every right to express his disapproval of the manner in which other citizens voice their concerns. But let's not kid ourselves. When Terry advises, "you should practice civility," one has to wonder why this code-of-conduct recommendation is pointed at a fellow citizen, but our local leaders aren't held to that same standard? I think we all know the examples of when our Mayor, members of City Council, the Law Department, Sam Riddle and more have failed to live up to Mr. Bankert's 'civility' benchmark.
Also, Mr. Harris is not a journalist and never claimed to be one. That tacked-on set of criteria – which journalists themselves rarely heed these days – should not be forced upon a concerned citizen voicing their OPINION. Forget journalistic integrity for members of the public. Where’s the outcry for Public Servant integrity from our public servants?!
Outrage is outrage. And with the direction this city is heading, once again, we need more outrage and less passive apologies, justifications and calls for proper manners from our fellow citizens. This is not Sunday School. This is the city of Flint going to hell in a hand basket. We need more people standing up. Not people telling fellow citizens to sit down and mind their manners.
Incidentally, I did not see the complaint I filed among the case studies. If we had it would have gone something like this:
"Took a complaint about the Mayor violating local election disclosure law. Closed case."
I can guarantee Mrs. Purifoy did not put the same time, attention and energy into investigating that complaint as she did with the complaint about Mrs. Sims. That is Mr. Harris’ point. And if he shouted it from the bathroom at Angelo’s without washing his hands it would be just as valid. |
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Thu Feb 21, 2008 12:30 pm |
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FlintConservative
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| trb advising "civility" is pretty funny. Isn't he the one who states those with differing views must have a "tiny, tiny brain?" |
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Thu Feb 21, 2008 12:41 pm |
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last time here
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whoa!!!!!! this is gettin heavy!!! |
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Thu Feb 21, 2008 12:52 pm |
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Demeralda
F L I N T O I D
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| I think it's funny that the ombudsman office can't even write 4 paragraphs without looking ridiculously illiterate. How can people not know the difference between
complaintants
, plural, and complaintant's -- possessive. DUHHHHHHHHHHH. |
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Thu Feb 21, 2008 3:31 pm |
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