Occupy The PGA
Benton Harbor, Michigan
Senior PGA Golf Tournament
It is our distinct honor and privilege to invite you on behalf of BANCO to an event scheduled for May 23-27, 2012.
We are committed to escalating the Occupy Movement to support human rights in housing in addition to the push back against bailouts for fraudulent banks. They are stealing our homes and our lives.
Democracy is non-existent here in Benton Harbor. Joseph Harris, the Emergency Manager, must go. We have a dictator in Benton Harbor, Michigan!
The PGA will be played on a $750 million, 530 acre resort near Lakeshore with a Jack Nicklaus Signature designer golf course and with $500,000 condominiums. We cannot forget the three golf holes in the stolen land inside Jean Klock Park.
If your schedule permits your attendance is needed on May 26, 2012. Alternative action dates are May 23-25. Please let know if you can accept the invitation to Occupy The PGA in Benton Harbor.
We will meet at Benton Harbor City Hall, 200 Wall St. at 10:00am every day. Then we will March to the golf course! We will have speakers and food.
Allow me to thank you in advance. We the residents of Benton Harbor love you!
For more information contact:
Rev. Edward Pinkney
269-925-0001
President/NAACP/BANCO & Stop The Take Over Benton Harbor
Rev. Edward Pinkney
1940 Union St.
Benton Harbor, Michigan 49022
Tel: 269-925-0001
Rev. Edward Pinkney (top center with cap) and some of his supporters, before April 11 court hearing; BH NAACP Secretary Joyce Smith is second from left; Marian Kramer of the Michigan Welfare Rights Organization is second from right
“OCCUPY THE PGA” SET FOR MAY 27-31 IN BENTON HARBOR, MI
By Diane Bukowski
April 13, 2012
DETROIT – Rev. Edward Pinkney, president of the Benton Harbor, Michigan chapter of the NAACP, declared victory in Wayne County Circuit Court April 11 as he staved off the state NAACP’s plan to hold a midterm election April 14 to oust him and local chapter officers.
The courtroom was packed with Pinkney’s supporters, from Benton Harbor to Detroit to Pontiac. After a conference in chambers with Circuit Court Judge Brian Sullivan, the parties in the $100,000 civil suit against the NAACP agreed to postpone the election at least until after a hearing May 10 at 10:30 a.m., when attorneys will have filed their briefs.
Michigan NAACP President Yvonne White leaves court with her attorney John Johnson
Attorneys Elliott Hall and Buck Davis represent Pinkney. State NAACP Conference President Yvonne White appeared in court with her attorney John Johnson, formerly City of Detroit Corporation Counsel under Mayor Kwame Kilpatrick. White works for General Motors at the UAW-GM building on Joseph Campau in downtown Detroit.
Pinkney said the Whirlpool Corporation, headquartered in Benton Harbor, is the elephant in the room.
“Whirlpool cut a deal with the state and national NAACP, through Marcus Robinson,” Pinkney said. “They said they would not support the NAACP as long as I am head of the Benton Harbor branch.”
Harbor Shores Golf Club, site of the Senior PGA Tournament May 27-31, 2012
Benton Harbor NAACP Secretary Joyce Smith said the company is angry because of plans by Pinkney and others to “OCCUPY THE PGA” in Benton Harbor May 23-27, 2012. The golf tournament is sponsored by KitchenAid, a subsidiary of Whirlpool. Robinson is a board member of Harbor Shores Community Development Corporation, among other titles.
“The State NAACP is violating its own by-laws and constitution,” Smith said. “They want to replace us with Whirlpool’s minions. The PGA is coming in May, and they hope we won’t be able to picket. They’re interviewing Benton Harbor citizens now for temporary jobs at the tournament.”
Public beach on Lake Michigan at Jean Klock Park
BANCO (Black Autonomy Network Community Organization), and the Occupy Movement are sponsoring Occupy the PGA. The Senior PGA tournament is to be held at the Harbor Shores Jack Nicklaus Signature golf course, developed with Whirlpool’s support. It is part of a $750 million, 530 acre resort development with $500,000 condominiums.
The elected (but currently powerless) Benton Harbor City Commission has voted 4-2 to oppose the presence of the PGA in Benton Harbor. City commissioner Dennis Knowles said, “The reason I voted against the PGA is because of the non-inclusiveness of the residents that live in the city, the inner city….I’m saying that these people need a chance, in my neighborhood…they need a chance.”
BH Commissioners Marcus Muhammad and Duane Seals II /Photo Andrea Muhammad
According to community activists, corporate officials took part of the development’s land from the publicly-owned Jean Klock Park, which includes a gorgeous stretch of lakefront beach.
Pinkney and others from Benton Harbor have fought Whirlpool’s corporate grab of publicly owned land and displacement of the city’s poor Black majority residents for years. Meanwhile, Whirlpool has shut down its plants in Benton Harbor, Evanston, Indiana and other cities and moved them to Mexico, putting tens of thousands out of work.
In Evanston, the Vice-President of the Indiana state conference of the NAACP, Barbara Bolling, supported Whirlpool workers, not Whirlpool, at a 2009 rally.
Indiana NAACP Vice-President Barbara Bolling (l) at rally in Evanston against Whirlpool plant shutdown
Pinkney said Robinson, president of the Consortium for Community Development, a component of the Whirlpool Foundation-supported Cornerstone Alliance, sent out an email, quoted in a People’s Tribune article.
“The State Commission of the NAACP and their National Office has decided to undertake the reorganization of this chapter with the specific intention of revitalizing the leadership and membership body. Contact Marcus Robinson by cell at 269-277-7711 or by inbox at www.facebook.com/4marcusrobinson.”
Marcus Robinson
The non-profit Cornerstone Alliance has assets of $32.3 million, according to its 2010 tax filing. The Alliance told the IRS the reason for its non-profit status is that it is “an organization that normally receives a substantial part of its support from a governmental unit or from the general public.” (Click on Cornerstone Alliance 2010 990 to read entire tax filing.)
But the Alliance’s website says, “Traditionally, funding from the private sector constitutes approximately 92% of our overall funding base, with Whirlpool Foundation matching-within reason-whatever is raised by these community donations.”
State Senator Al Pscholka, a chief sponsor of the infamous Public Act 4, also known as “the Dictator Act,” is a director of the Alliance according to state records.
Rev. Edward Pinkney (l) helps lead march against PA4 takeover of Benton Harbor, 2009
NAACP State Conference President White told VOD, “Our job as the NAACP is to protect voting rights. All we’re attempting to do is stay on the job and follow our constitution.”
White’s attorney Johnson contended in court that the last election held by the Benton Harbor chapter was improper.
But Pinkney challenged the state NAACP’s purported concern about voting rights.
“The NAACP is doing nothing to fight the emergency manager law,” Pinkney told VOD. “I emailed Yvonne White two years ago, and informed her this law is a major issue, and that we need to stop it before it gets to cities like Detroit. She did not respond. We feel Yvonne White needs to be replaced as state president.”
Rev. Edward Pinkney (top center right) joined march of 3,000 on Gov. Rick Snyder's house on Jan. 15, 2012, MLK Day.
Over 50 percent of Michigan’s African-American residents now live in cities taken over by emergency managers or equivalent consent agreements. Benton Harbor was the first victim in 2009, with Flint, Pontiac, Inkster, the Detroit and Highland Park Public Schools, and now Detroit itself among the others.
Unelected emergency managers exercise total power over the cities’ assets, land, finances, workforce, and union contracts, with privatization and regionalization major goals. In Pontiac, the EM has put the city’s entire assets including 11 water plants on the auction block.
The law faces challenges including lawsuits, a referendum campaign, and a determination by the Democratic caucus of the U.S. House Judiciary Committee that it is unconstitutional and violates the National Voting Rights Act.
Pinkney has also fought long and hard against police brutality and frame-ups in Benton Harbor. A judge sentenced him to a stretch in prison for quoting a Bible passage to him.
To contact Rev. Pinkney, call 269-925-0001 or go to bhbanco.org.
(This is a sampling of remarks made during public comment April 3 and 4, 2012. In some cases, remarks by individuals who spoke on both days have been combined. These remarks expose in part the complete depravity of the Council’s eventual 5-4 vote for the consent agreement.)
Valerie Burris at earlier meeting
Valerie Burris, community activist: On this day of Dr. Martin Luther King’s assassination, the Council’s vote will assassinate Detroit. Seven hundred thousand Detroiters do not support our own demise. We will not pay any more property or income taxes to support this nonsense. This is an end run around the petition drive. We might as well go back to England and labor for the king.
Cecily McClellan, Vice-President APTE: Council members need to atone on this anniversary of Dr. Martin Luther King Jr.’s assassination. You must demand the $220 million the state owes us, and denounce union-busting and right-to-work forces. Michael McGee is one of the authors of Public Act 4. It’s like having the Grand Wizard of the KKK advise the NAACP. VOTE NO.
Rev. David Means: Most of the Black people we have elected have gotten into bed with the KKK.
Frank Hammer (r) and other speakers April 4, 2012
Frank Hammer, life-long union activist: Today, Dr. Martin Luther King, Jr. was assassinated for going to fight for city workers and for opposing the war in Vietnam. You are determining whether we have democratic voice in this city. This consent agreement comes from the Mackinac Center for Public Policy and the Koch Brothers.
Jerry Goldberg, Moratorium NOW! Coalition: The consent agreement is only to service the debt to the banks, including $16.9 billion in debt service, $4.9 billion in profit, and $50 M imposed during the recent downgrades. An emergency manager will automatically trigger a demand for $350 million. No money is left for services to the people. If you vote for this, you are going along with the bankers who are robbing our city.
Greg Murray, President SAAA: This is shameful and disrespectful on the anniversary of Dr. King’s assassination. He died fighting for union members. Your own staff has advised you the consent agreement violates the City Charter.
Former Detroit finance official, CPA
Brandon Jessup, CEO of Michigan Forward—I stand opposed, and cede my time to former Finance Department official and CPA: “The City is a $3 Billion business. You are just assuming there is $46 million shortfall, you don’t have a CFO or CPA or any financial expert advising you. Take some time. Do not cede power without a fight. Demand a current cash flow analysis.”
Walter Knall, City of Detroit retiree: Time is on your side. Take your time. The banks, the state of Michigan, the auto companies received bail-outs and loans. Is there any reason why the city government cannot go to the federal government for the same thing? A consent agreement or an emergency manager are first and foremost unconstitutional. They not only take away our vote but our voice. Follow the leadership of JoAnn Watson.
Sandra Hines, school and community activist: Charles Pugh, you are smiling like a Cheshire Cat while we are crying our hearts out to you Ken Cockrel, I used to have a lot of respect for you, but you turned on us against your father’s legacy. How can you look at yourself in the mirror in the morning? It’s about what WE want. You work for US. You are giving up our children’s future, our history and our cultural background as African-Americans. You have put Black people in harm’s way. We are going to fight you tooth and nail.
Tyrone Travis, Sandra Hines, Morris Mays
Rev. David Bullock, Rainbow PUSH: Where is our elected leadership to say you want the $220 million the state owes Detroit? If a lawsuit is possible, where are the legal gymnastics to be used not on the behalf of the bondholders and corporate Michigan but on behalf of the people? Not too many whites will apologize for slavery based on what happened in the past, but they want you take responsibility for what’s happened in the past in Detroit. They are saying you are incompetent. Address the reason why we don’t have resources—renew our tax base. Bankruptcy is a better option—at least it must be articulated very publicly.
Anna Holden, City of Detroit retiree
Ernest Thompson: You must reconsider. The city needs its workforce. You are colluding with the state to circumvent the right of 224,000 petitioners who don’t want Public Act 4. Many workers of the city of Detroit qualify for federal assistance and food stamps. There are other revenue-based options. You don’t have to give Detroit away today.
Anna Holden, City of Detroit retiree: You are giving control of over $6 billion in pension funds to the state. Mayor Bing tried to hand them over to the less well-funded Michigan Employees Retirement System (MERS) before. Courts have ruled that pension funds are the property of retirees.
Dorothy Harrison, City of Detroit retiree: I’m sitting here having a stroke. What are retirees going to do? Beware, because seniors will be your worst nightmare.
Rev. Charles Williams II (r), Bill Dickens, parent of MLK High School student (center)
Bill Dickens, parent of student at MLK High School: Robert Bobb came in to solve a $200 M deficit for the Detroit Public Schools, now it’s $1 billion. What Barton Malow did on that first school bond issue is outrageous. EM’s are devious, underhanded and out to hurt you.
Rev. Charles Williams II, National Action Network: The governor, Andy Dillon and state legislators are insulting the intelligence of Detroiters, saying we don’t have the ability to govern ourselves. The $220 million is the elephant in the room. You are hog-tieing the citizens if you pass this.
Below: State Sen. Bert Johnson explains clearly why the Council does not have to vote for the consent agreement.
Dr. Tellis Chapman: You must protect the democracy of the City of Detroit and the people of Detroit. As Esther Chapter 14 Verse 4 says, “For if you keep silent at this time, relief and deliverance shall arise . . . . from elsewhere, but you and your father’s house will perish. And who knows but that you have come to the kingdom for such a time as this and for this very occasion?” The ghosts of Erma Henderson, Maryann Mahaffey and Coleman Young are here—you must protect your father’s house. Make sure the people’s voice is not forfeited under the guise of a financial emergency. File suit, don’t allow the state to tell you what to do.
Valerie Glenn: The Legislative Black Caucus is behind you. Gary Brown, you announced very proudly you had six votes and there would be a decision today (April 3). But I would rather not be saved if I am to be enslaved. I grew up in Detroit in 50’s. We couldn’t work in Hudson’s or go in Woolworth’s and many other places, but then we gained a sense of hope. I knew when I received my college education I would get respect. Council and Mayor, anyone voting for this document—your time is up.
Tyrone Travis: The State Constitution does not permit City Council to relinquish functions and power to any Financial Advisory Board, or to approve this consent agreement. I second Valerie Burris and call on Detroiters not to pay your taxes, when your elected officials are corrupted by corporations, and lawmakers break their own laws.
Minister Malik Shabazz
Min. Malik Shabazz, New Marcus Garvey Movement: Today, April 4, is the anniversary of Dr. Martin Luther King’s assassination. But the Mayor and City council are signing away our powers. They are too ignorant, retarded and traitorous to remain in office. You are a disgrace—you are forever changing the city of Detroit.
Ron Seigel: This is supposed to be a government of the people, by the people and for the people, which shall not perish from this earth. City Council needs to stand up to Snyder’s bullying.
Morris Mays: You are lily-livered and chicken-hearted, the makings of cat food. You need to call a press conference and call on the people to rise up.
Angry protesters force fund-raiser guests through gauntlet to get in to see Wisconsin Governor Scott Walker in Troy April 17
“WALKER GO HOME! TAKE SNYDER WITH YOU!”
By Diane Bukowski
April 18, 2012
TROY, MI—More than two thousand protesters chanting, “We are the 99%!” forced 500 guests at a Republican fundraiser featuring Wisconsin Governor Scott Walker to run a two-hour gauntlet of angry taunts and shouts on their way in to the San Marino Club in Troy.
Protesters condemned Michigan Gov. Rick Snyder for cutting hundreds of thousands off public assistance
Walker ignited a state-wide uprising in Wisconsin two years ago when he tried to outlaw collective bargaining. Hundreds of thousands occupied the state capitol in Madison for months, teachers and students walked out of school, and workers left their jobs in what they said was a repeat of the Egyptian revolt.
The Grim Reaper attended the protest as well (at left)
“Arrest the 1%!” protesters on April 17 called to the Troy police who directed cars into the compound. “What’s disgusting—union-busting!” and “Workers’ rights are under attack—what do we do? Stand up, fight back!” were other frequent chants.
Protesters lined the perimeter of the Club, chanting loudly throughout the two hours.
The protesters came by car and busload from across the state, wearing union jackets and signs from the UAW, Service Employees International Union, the Michigan Association of Letter Carriers. the Michigan Education Association, the United Steelworkers, the American Federation of Government Employees, and many others.
Police and fund-raiser organizers stopped pastors from subpoenaing Walker et al.
Religious and community leaders joined in. The Rev. Charles Williams II and other pastors tried to enter the fund-raiser at one point to deliver the following subpoena to Walker and minions, but were turned back. Protesters in attendance, however, vowed that the union and community spring in the U.S. would continue until the one percent is vanquished.
“Some of the changes evaluated during proceedings included a consent agreement, whereby the governor could argue against bringing in an EFM and instead sign a contract with local officials — a contract with parties agreeing to comply with a list of steps aimed at turning around a distressed local government. It’s considered an intermediate step, prior to bringing in an EFM, an opportunity for “locals to take control and work on the problem themselves,” said Michael McGee, principal at Miller Canfield Paddock & Stone PLC.
“Nobody wants circumstances to become so dire that a manager is necessary. A community can enter into an agreement with the Department of Treasury and exercise some of the powers within the Act,” explained McGee. Perhaps “communities will get involved sooner,” said McGee, “because the later you try the harder it will be.” The emergency manager is considered a “final step” in a downward spiral of fiscal unsoundness — one everyone hopes to avoid.
McGee said the bill addresses some known weaknesses in the prior bill that many EFMs had complained about. EFMs have always had “some power but it was not so clear that existing officers did not have powers,” he explained. “Most lawsuits filed against Public Act 72 were brought against managers. Someone on a council or a board of trustees, or perhaps even a mayor would argue that they had authority under the law and would compete with the EFM on who had the final decision-making authority.” Under the new Act, the EFM role is clearly defined — with the title emergency manager replacing financial manager and the scope of authority painted with a broader brush. The emergency manager is in charge when appointed and authority supersedes that of a mayor or other official — elected or otherwise.
Robert Daddow
Many specialists were involved in drafting PA 4 verbiage, including McGee, Scorsone, labor attorneys, finance directors and members of the Michigan Government Finance Officers Association. Robert Daddow, Deputy Oakland County Executive, is credited with providing a “blueprint” for the bill’s draft — “he wrote a white paper for a transition team” explained McGee.
From Mackinac Center for Public Policy, a right-wing think tank which advocates massive privatization of public services:
“Robert Daddow is a Certified Public Accountant. He earned a B.S. in Business Administration and M.B.A. from Central Michigan University. He joined Ernst & Young in December 1974 as a staff auditor, eventually making partner, specializing in governmental auditing and consulting. Clients included — Wayne County, City of Ecorse, numerous school districts and dozens of cities, villages and townships.
Since 1993, he has worked for Oakland County. First, as the Director of the Department of Management and Budget and concurrently as the Director of the Department of Information Technology. In 2000, Daddow assumed a newly created position — Assistant Deputy County Executive for Special Projects. He is the group leader for Information Technology/Management & Budget. He is largely involved in major financial initiatives, funding, and technology implementation.
While at Oakland County, Daddow lead (sic) and/or initiated most of the privatization efforts previously cited in publications for Oakland County over the past 8 years. He has lead (sic) many special projects including but not limited to a half dozen privatizations, launch of the Community Corrections program, transition of the Community Mental Health program from a shared-service model to full-service, movement from an attended emergency management radio system, and many computer initiatives.”
VOD ed: Kirk Lewis was a candidate for Ernst & Young’s “Entrepreneur of the Year.” The global accounting firm is being sued by the states of New York and New Jersey for cooking Lehmann Brothers’ books before its downfall. It initiated the current crisis in Detroit by meeting in closed session, in violation of the Open Meetings Act, with the Detroit City Council in November, 2011, and declaring the city would run out of cash by April, 2012. The City of Detroit, however, has its own independent financial auditors, KPMG.
Keith Hines speaks to Council, flanked by Detroit School Board member Elena Herrada (l) and Hi Dooha, husband of the late Council President Maryann Mahaffey.
The testimony below was given to City Council on April 3 2012 by Keith Hines, an electrical inspector who has worked for the City of Detroit and a long-time advocate of self-determination for its people. He spoke at several of the hearings on the consent agreement approved 5-4 by City Council on April 4, 2012.
COUNCILMEN GARY BROWN AND CHARLES PUGH (IN BACKGROUND) SPEAK TO MEDIA APRIL 4 AFTER 5-4 VOTE; BROWN EARLIER SAID HE HAD SIX VOTES; COMMUNITY MEMBERS ARE NOW ASKING MEMBER JAMES TATE TO RECONSIDER HIS VOTE.
By Diane Bukowski
April 8, 2012
Kenneth Cockrel, Sr. (at left) with Detroit hero Hayward Brown, who fought STRESS and police-operated drug houses; Cockrel, Sr. got him acquitted at trial after his comrades John Percy Boyd and Mark Clyde Bethune were klled by police
DETROIT – Impervious to Detroit residents’ demands that the City Council not cede control of the city and its proud heritage, the “Fatal Five,” as one speaker called them, voted April 4 for a consent agreement that voluntarily hands the city and its resources over to Wall Street banks and the state of Michigan.
Mayor Dave Bing’s chief of staff Kirk Lewis told the Council that he had signed the agreement in the Mayor’s stead while the Mayor recuperates from major health problems. A memorandum is on file in the City Clerk’s office designating Lewis as Deputy Mayor for the period of March 26 through April 15 (click on DMayor memo_0002 to view memo). It is allegedly signed by Bing. Capital initials at the bottom, however, are DB/KJL/prvb, indicating it also comes from Kirk J Lewis. There are two date stamps on it, one March 13 and the other March 26, 2012.
The agreement cannot be terminated until Detroit is deficit-free for three years, receives one of four of the highest bond ratings by Wall street agencies, or at the say-so of State Treasurer Andy Dillon and/or a state-appointed Financial Advisory Board. Since it cites other state laws in addition to Public Act 4, it is debatable whether certification of over 240,000 signatures for a referendum vote against PA4 will nullify it.
Dr. Martin Luther King, Jr. leads Freedom March in Detroit June 23, 1963, during which he first delivered his famous "I have a dream" speech; many Detroit pastors, such as those in the current Council of Baptist Pastors, which okayed current consent agreement, refused to march with him.
The Council vote took place on the 44th anniversary of the assassination of Dr. Martin Luther King, Jr. leading many in the audience to accuse the “Fatal Five” of assassinating Detroit as well. Detroit is the largest Black-majority city in the world outside of Africa. Public Act 4, which Michigan Gov. Rick Snyder used to threaten the council, has been applied only to the state’s Black-majority cities.
“The Rev. Martin Luther King, Jr’s nephew is speaking right now at an SCLC event at the RenCen,” said Councilwoman JoAnn Watson prior to her NO vote.
Councilwoman JoAnn Watson calls for NO vote as Councilwoman Saunteel Jenkins drinks coffee (l); many in the audience condemned Jenkins for violating the legacy of late Council President Maryann Mahaffey by voting YES; Jenkins was elected in part based on her short period of employment on Mahaffey's staff.
“This city is the home of the Shrine of the Black Madonna, the home of labor, of Erma Henderson, Coleman A. Young, Reparations Ray Jenkins. Paul Robeson’s birthday is April 9. The honorable Malcolm X and many others came here to fight tyranny, racism, fascism, and demand justice and dignity for all. There is no cash infusion from the state in this agreement, you are ignoring its union-busting. We should be demanding that the Governor pay us what he owes us. Don’t give up the legacy of this city by allowing an illegal vote. There is no rationale for the city to give away its Charter-provided home rule rights. Who gives away their own power to the forces of evil? This is unconstitutional and an assault on our citizens.”
Councilman Kwame Kenyatta during April 4 vote on consent agreement
Councilman Kwame Kenyatta said, “We have been waiting for the head of the snake to show itself, we have already seen its tail. I’ve been visiting with the ancestors and Ialso listened to that blue-eyed soul sister Tina Marie singing “Déjà Vu”—I’ve been here before. The same cast of characters stood in complicity with taking our schools away, all based on PA4, which was written by Michael McGee [attorney from Miller Canfield who appeared at Council table as advisor to Chief of Staff Kirk Lewis, Jr.] In this new version, PA 7 and 8 are back in . They related to mutual agreements between two municipalities, not the state and the city, and PA 7 requires a public hearing. Where is the legal basis for the establishment of the Financial Advisory Board?”
Councilwoman Brenda Jones (l) and Councilman Kenneth Cockrel, Jr. at table April 3; audience blasted Cockrel for debasing his father's legacy
Councilwoman Brenda Jones said “HELL NO,” and Councilman Andre Spivey evidently surprised Councilman Gary Brown, who had boasted he had six votes for the agreement, by also voting NO.
The “Fatal Five” who voted for the agreement were Council members Charles Pugh, Gary Brown, James Tate, Saunteel Jenkins and Kenneth Cockrel, Jr.
Afterwards, Brown told the media, “The silent majority of Detroit has spoken.”
Prominent Detroiters demanded that Council vote NO
Detroit School Board member Wanda Akilah Redmond tells Council that PA4 has destroyed school district; EM Roy Roberts berated board for sending letter in favor of "Upward Bound" program which facilitates college entrance for Detroit youth
Through four days of deliberations, dozens of Detroiters condemned the agreement during public comment. Many could not get into the Council chambers and were forced to sit outside in the hall or re-routed to the auditorium by an abnormally large number of police.
Asked why the meetings were not being held in the auditorium, Pugh responded, “Because I said so.”
Prominent leaders who addressed the Council included Cardinal Baye Landy of the Shrine of the Black Madonna and the historic Black Slate, U.S. Senator Hansen Clarke, Rainbow PUSH leader the Rev. Jesse Jackson, Black church pastors including Rev. Charles Williams II and Rev. David Bullock, dozens of union leaders, and representatives of community organizations including the Moratorium NOW! Coalition against Foreclosures, Evictions and Shut-offs and many block clubs.
Councilmen James Tate and Andre Spivey at table April 3; many in the audience addressed personal appeals to them, but only Spivey listened, voting NO.
The Fatal Five appeared unaware of or unconcerned about their stature.
Council President Charles Pugh asked Cardinal Landy when he came to the table, dressed inconspicuously as usual, “You’re a Cardinal?” Clearly, Pugh had no idea who he was or what he represented.
Holding up rare photos, noted historian Paul Lee, who worked with PBS on a series about the civil rights movement, reminded Pugh and Cockrel Jr. in particular of Detroit’s history in the struggle for Black power and self-determination.
One photo showed Stokely Carmichael (later Kwame Ture of the All-African Peoples Revolutionary Party), and the Rev. Albert Cleage, Jr. (Jaramogi Abebe Agyeman, founder of the Shrine of the Black Madonna,) at a campaign rally for Kenneth Cockrel, Sr., father of the current Council member.
Walter Knall and Paul Lee display photo of Kwame Ture, Jaramogi Abebe Abeygan, and Kenneth Cockrel, Jr. after Pugh forced Lee back to his seat by calling cops
Cockrel, Sr. was revered by Detroiters as a member of the League of Revolutionary Black Workers, a militant Black socialist attorney, a foe of the racist police execution unit called “S.T.R.E.S.S.,” and an opponent, with former Council President Erma Henderson, of the privatization of Detroit General Hospital in 1980.
Pugh, however, cut Lee’s comments short and called on the police to remove him.
Financial Review Team rubber stamps agreement
The ten-member Financial Review Team appointed by Michigan Governor Rick Snyder met earlier that day to hastily approve the agreement, each page of which is headed, “Michigan Department of Treasury.”
Former Detroit school board member Marie Thornton tells FInancial Review Team March 26 they are killing Detroit, just as Trayvon Martin was murdered by racist Zimmerman; her granddaughter Tylynn is at left front.
Former Detroit school board member Marie Thornton, dressed in a hoodie and displaying a package of Skittles and an Arizona Iced Tea can, told the team March 26, “Just as Trayvon Martin was killed, you are killing Detroit.”
The audience that day accused the team of being nothing but a rubber stamp. It drowned out their deliberations and final vote declaring Detroit in a state of “severe financial stress,” singing “We shall overcome,” and repeatedly chanting.
Confirming the rubber stamp allegations, Mayor Dave Bing’s chief of staff Kirk Lewis told the Council April 3 that he, chief operating officer Chris Brown, and Council members Pugh, Tate and Cockrel met with state officials to draft the agreement while the mayor was out of commission due to health problems. He said Brown and the others involved were not from Detroit.
Mayor Dave Bing supposedly working on consent agreement with press secretary Robert Warfield (l) and Kirk Lewis (r)
Councilwoman Watson had demanded that a vote on the consent agreement be postponed until the elected Mayor could come to the table. But Lewis and others claimed Bing was actively involved in the negotiating process from his sick bed. Lewis and mayoral press secretary Robert Warfield released a clearly staged photo with a frail, guant-looking Bing in front of a computer to support their allegations of his involvement. To read TV 2 News reporter Charlie LeDuff’s take on this matter, click on http://www.myfoxdetroit.com/dpp/news/local/mayor-bings-palace-intrigue-20120406-ms. Also see video at bottom of this story.
'DEPUTY MAYOR' KIRK LEWIS (R) LISTENS TO HIS LEGAL COUNSEL MICHAEL MCGEE AT COUNCIL APRIL 3; MCGEE CO-WROTE PUBLIC ACT 4 (SEE ARTICLE BELOW)
Brown was previously a DTE and Singapore Energy executive and privatizer who has been instrumental in the dismantling of the city’s Public Lighting Department.
Ernst & Young sued for cooking Lehman Bros. books before bankruptcy
Lewis was previously CEO of The Bing Group, a conglomerate of steel-related businesses which Mayor Bing founded and has since disbanded. He was also CEO of Integrated Supply Chain Solutions, a debt markets analyst at Ford Motor Company, and was a finalist in Ernst & Young’s “Entrepreneur of the Year” competition.
Ernst & Young, a global accounting firm being sued by the states of New York and New Jersey for cooking Lehman Brothers’ books before that company’s collapse, was brought in by the state to review Detroit’s finances even prior to Snyder’s imposition of the first steps of Public Act 4. They met with the Council in November, in an illegally closed session, and declared that Detroit was about to run out of cash in April.
TERMS OF CONSENT AGREEMENT
Detroit will have THIRTEEN EMERGENCY MANAGERS
The consent agreement (read full text at FSA Consent Agreement 4 4 12 ) essentially establishes 13 emergency managers instead of the one that the “Fatal Five” claimed to fear. They are Michigan Gov. Rick Snyder, State Treasurer Andy Dillon, a nine-member Financial Advisory Board, a Chief Financial Officer, and a Program Management Director. All can dictate or override decisions by the city’s elected officials on disposition of the city’s assets, its budget, its debts to the banks, restructuring (downsizing), provision and privatization or regionalization of services, and union contracts.
Under Public Act 4, a consent agreement operates as an alternative to an emergency manager. Despite this agreement’s broad provision of similar powers to non-elected officials, it still threatens the city with various “reform default” provisions if the Council and Mayor do not agree to abide by decisions of the FAB, the CFO, and the PMD.
They are dire, involving the suspension of state revenue-sharing payments, refusal to approve debt requests, accelerated collection of any city debts to the state, court action, and finally, the placement of the city in receivership “as provided in MCL 141.1516 [Public Act 4) .
The agreement purports to maintain the Charter powers of the Mayor and City Council, but says the Mayor and Council will “restrain their respective exercise of powers, privileges and authorities in certain circumstances as provided in this agreement.” Section 34(c) newly eliminates a clause allowing the Mayor to have some judgment as to whether conditions of the agreement have been met.
City Union Contracts busted
The agreement busts three-year union contracts that had already been signed by the city administration and 32 city unions, which would have saved the city up to $130 million. It also includes an Annex D mandating that numerous anti-union provisions be included in imposed contracts after July 16, 2012.
AFSCME Local 542 President McMillon (r) with SAAA president Greg Murray at left,accuses council members of "high treason" for voting to abrogate contracts
Coalition of City Unions Co-Chief Negotiator Ed McNeil said in a lawsuit filed in federal court against the abrogation of the union contracts that the only way the unions found out about the provisions of Annex D was through camera phone photos he took of the document when it was secretly shown to him. (Click on to view photos. A separate story on that lawsuit is forthcoming. Read the entire lawsuit at Detroit unions complaint for TRO Tarnow. Tarnow dismissed the suit April 3.)
“AFSCME does not mean ask me and you take over our vote and our contracts,” Phyllis McMillon, president of Local 542 of the American Federation f State, County and Municipal Employees (AFSCME), told the Council April 3. “This is nothing but high treason.”
Payment of $220 million state debt to Detroit would erase deficit
The state provides no money in return. It does not pay back a $220 million state debt to Detroit, or $400 million of non-resident taxes the city was not able to collect under the 1997 tie-barred revenue-sharing package, an issue Councilwoman JoAnn Watson has raised for several years.
“Detroit is being stolen,” said one speaker April 3. “If the state wanted to help us, why didn’t they give us the money they owe us? They want our pension money. People that don’t care about Detroiters are saying, ‘We’re going to take your city and run your city.”
The consent agreement does not even provide a state loan, approved by the Council 6-3 the previous week, free and clear. Both Council members Andre Spivey and Kwame Kenyatta said State Treasurer Andy Dillon told them clearly that the $137 million was not to be a loan, but aid from the state.
State Treasurer Andy Dillon sweats out review team meeting March 26;
“The anticipated aggregate size of the refinancing is approximately $137 million, of which approximately $33 million will be used to refinance existing debt, and approximately $104 million will be placed in an escrow account and used to pay for costs of the Reform [down-sizing] Program and for City operating expenses.” the agreement says. “Draws from the escrow account shall be as and when approved by the State Treasurer in the State Treasurer’s discretion.”
The agreement was modified to say that the salary and expenses of the Financial Advisory Board members, along with any staff they choose to hire, will be split 50/50 between the city and the State, instead of exclusively paid by the city. However, those terms say the city pays first and then is reimbursed by the state.
U.S. Congressman Hansen Clarke and John Conyers, Jr.
“How can we trust the state to abide even by the terms of this agreement, when they defaulted on their $220 million debt to Detroit?,” Councilwoman JoAnn Watson asked.
U.S. Congressman Hansen Clarke told the Council that he and U.S. Congressman John Conyers have a bill before the House of Representatives to provide $500 million in federal funding for Detroit, and that it has bi-partisan support, but the “Fatal Five” appeared to disregard his hopeful presentation.
Ominously, the agreement includes an Annex B, which means the City Council has already approved actions in the following categories.
Clarification of some provisions above, as already discussed by Bing Administration and State (unions have no say in whether these will be included in contracts):
Public safety—introduction of state troopers to Detroit’s streets. Implementation of new police HQ at MGM Grand’s old casino; Detroiters paying for $100 million bond
PLD—city already buys all of its power from DTE under a $150 million contract; DTE to further take over PLD (note: Chris Brown is former DTE executive.)
DDOT changes: regionalization with only one Detroit on board (click on VOD0
Payroll system upgrade: more big contracts, previous upgrades have been failures.
New grants management (federal and state $$ under FAB).
City has 40 unions; all expected to use same template for contracts.
Heath and Wellness Department—more shutdown of services like Herman Kiefer Family Health Center, TB clinic, privatization of health centers, lay-offs, privatization under SEMHA.
Dept. of Human Services: Mayor Bing has asked to eliminate Department and turn it over to Wayne Metro Community Action Agency, whose board members are all white and mainly reside in wealthy downriver suburbs (click on
Real estate: state control
Planning and Development Dept. to go to quasi-private Detroit Economic Growth Corporation; more corporate control over city development.
Long-term liability restructuring: more money for the banks.
Below is report from Fox 2 News Charlie LeDuff on the legality of Kirk Lewis’ actions negotiating the consent agreement in the place of the Mayor, prior to his (questionable) appointment as Deputy.
Councilwoman JoAnn Watson (center) consults with (l to r) her staffers Debra Taylor, Monica Patrick, Councilman Kwame Kenyatta and Councilwoman Brenda Jones after vote April 4; Councilman Andre Spivey also voted NO.
By Diane Bukowski
April 6, 2012
Councilman Andre Spivey also voted NO.
On April 4, 2012, the Detroit City Council approved a “Financial Stability Agreement” which Governor Rick Snyder is considering a “Consent Agreement” under Public Act 4, by a 5-4 vote. Council members JoAnn Watson, Kwame Kenyatta, Brenda Jones and Andre Spivey stood their ground and voted NO. Read the complete document by clicking on FSA Consent Agreement 4 4 12, A summary is below. VOD stories on this week’s Council meetings, on the Financial Review Team’s meeting and report March 26, and on union/community fightback plans will be out shortly.
James Cole, Jr. in 2009, after weekly meeting of Call 'em Out
(VOD ed: The City Council’s “Fatal Five,” Charles Pugh, Gary Brown, Saunteel Jenkins, Kenneth Cockrel Jr., and James Tate voted April 4 for a “Consent Agreement” which the author below analyzes. He is studying law at Wayne State University and is a long-time community activist. VOD news stories on the deal to come.)
By James Cole, Jr.
April 4, 2012
Re.: Fundamental Rights violation via Consent Agreement vs. Title IX Bankruptcy protecting “all . . .”
Dear Honorable Mayor and Council-members:
Governor Snyder successfully coerced Detroit’s [boneless] elected officials to sign an illegal contract to dissolve all of the fundamental rights of indigenous Detroiters. At the cusp of promiscuity, Detroit’s [boneless] elected officials signed this anti-human rights contract against the will of Detroit’s majority.
This contract explicitly and implicitly purports to finesse the stealing of Detroit’s indigenous job market; it purports to steal Detroit’s trillion dollar water and shipping rights; it purports to steal Detroit’s entertainment districts; it purports to steal all of Detroit’s salt mines; it purports to steal all of Detroiter’s rights to be represented by an elected body; it purports to steal all of Detroit’s control of Public Lighting.
It purports to steal Detroiter’s Budget and Planning in order to steal the tens of millions of dollars that the leadership has misappropriated and the tens of millions of dollars that the Detroit leadership returned to the Federal Government in order to avoid financially assisting Detroit’s indigenous citizenry—notwithstanding the refusal to pay the elected Citizens District Council Members, each of whom has sworn (in vain) to assist the needs of Detroit’s Homeowners.
Signing a contract with Governor Snyder to abrogate the fundamental rights of indigenous Detroiters would be an exercise in treason. Read Article 11 § 1 0f Michigan’s 1963 Constitution [Oath of Office]; MCLA 566.132 [Statue of Fraud]; United States v. Bishop 412 S. Ct. 346 [willfulness . . . to act against the law]; 18 U.S.C. § 2381 [Treason] and 42 U.S.C. §1983 [Lost of Immunity]. Continue reading →
