Posted by Curt Guyette in Democracy Watch
Thursday, 15 October 2015

Flint Mayor Dayne Walling, with anguish in his face, speaks at press conference on Flint water reconnection to DWSD as Gov. Rick Snyder looks on warily. (Christian Randolph/The Flint Journal-MLive.com via AP)
In last week’s press conference announcing that the city of Flint would finally be allowed to return to Detroit’s water system, Gov. Rick Snyder made it a point to note that placing blame for the lead poisoning of children is not something he intends to do.
He wants to address the current problem, learn what can be done better in the future, and move forward.
Call it the “no-blame” game.
The governor’s spokesperson, Sara Wurfel, is playing it as hard as anyone right now.
In an interview with the ACLU of Michigan following the governor’s tightly-managed press conference, Wurfel did the best she could to absolve her boss of any responsibility for the disastrous decision to begin using the Flint River as the city’s source of drinking water in April 2014.
Asked about the governor’s role in that decision, Wurfel claimed that there was really no choice to be made, that the city of Detroit kicked Flint off of its system, thus forcing the switch to river water.
We’re not the only one she’s trying to spin. Wurfel made a similar claim in a statement to the Flint Journal this week.

- DWSD workers picket Detroit Water Board Building Oct. 13, 2015 to denounce unsafe practices for entire 6-county system due to drastic staff reductions, among other issues.
According to the paper, Wurfel asserted that the city was forced to find another source of water after the Detroit Water and Sewerage Department terminated Flint’s contract to continue purchasing water under the terms of its expired contract.
Maybe the Snyder administration is operating under the theory that a lie repeated often enough is eventually accepted as fact.
But here’s the truth:
Flint did have a choice. It absolutely could have kept using Detroit water until construction of the Karegondi pipeline, which will bring water from Lake Huron to Genesee County, is completed next year.
Instead, in a decision based purely on cost, the Flint emergency manager appointed by Snyder chose to leave the Detroit system early and begin relying on the Flint River in April 2014.
How do we know that?
Because of a letter the ACLU of Michigan obtained through the Freedom of Information Act.

Darnell Earley, then Flint EM, with Detroit “Mayor” Mike Duggan during Michigan Municipal League convention, 2014.
On March 7, 2014, then-Emergency Darnell Earley wrote to the DWSD, saying:
“Thank you for the correspondence … which provides Flint with the option of continuing to purchase water from DWSD following the termination of the current contract …”Thanks, but no thanks.
“… the City of Flint has actively pursued using the Flint River as a temporary water source while the KWA pipeline is being constructed,” wrote Earley. “We expect the Flint Water Treatment Plant will be fully operational and capable of treating Flint River water…”
As it turns out, the city, under the control of an emergency manager appointed by the governor, proved to be entirely incapable of properly treating water from the highly corrosive Flint River.
As a result of that failure, children were poisoned by lead in the water coming out of the taps in their homes and, quite possibly, the fountains in their schools.
Lead that was present because the river water is many times more corrosive than Detroit’s. Lead that was present because Flint officials and the Michigan Department of Environmental Quality inexplicably stopped adding the same types of corrosion inhibitors Detroit routinely puts in its water just so a public-health disaster such as this does not occur.
As calls for a thorough, independent investigation of this debacle increase, the denials of responsibility by the key players are becoming farcical as they stumble over themselves in an attempt to avoid blame.
Particularly absurd are Earley’s claims that he bears no responsibility for the catastrophe that began while he wielded complete control over every aspect of the city’s government. As the Flint Journal’s Ron Fonger reports, Earley recently sent the paper an email claiming:
“The decision to separate from (the Detroit Water and Sewerage Department) and go with the Karegnondi Water Authority, including the decision to pump Flint River water in the interim, were both a part of a long-term plan that was approved by Flint’s mayor, and confirmed by a City Council vote of 7-1 in March of 2013 — a full seven months before I began my term as emergency manager.”
Under the state’s far-reaching emergency manager law, Earley clearly had the authority to do whatever he wanted at that point. So his attempts to shield himself from responsibility are beyond bogus.
But it is even worse than that.

Flint resident Barbara Griffith-Wilson screams out an amen as she stands up out of her seat to show solidarity with a six Flint City Council members calling for the removal of Emergency Manager Darnell Earley on Monday, Oct. 6, 2014 at Antioch Missionary Baptist Church in Flint. /Jake May | MLive.com
As the Flint Journal’s Fonger points out:, “Although the Flint City Council voted in March 2013 in support of moving to the KWA pipeline … there is no record that the council voted to use the Flint River as a short-term drinking water source.”
Being the current emergency manager in charge of Detroit Public Schools and its 47,000 students, it is easy to see why all this might be a particularly touchy subject for Earley – and the governor who appointed him to both positions.
Fingers are being pointed in all directions, and lies are being told in an attempt to avoid responsibility.
In a recent interview with the ACLU of Michigan, Flint Public Works Director Howard Croft initially tried making the same false claim as Wurfel, saying that Flint was forced to leave the Detroit system and begin using the river as its water source.
When confronted with Earley’s letter, he relented, and pointed the finger of blame at the state, saying the decision to switch came from the governor’s office.
Asked to respond to that accusation, Wurfel tried her best to sidestep the issue. She could have put the matter to rest immediately by simply declaring: “That is absolutely untrue.”
But she didn’t say that. Instead, she trotted out the false claim that the city was forced to make the switch. When pressed on that point, and then asked again about the governor’s role in making the tragically bad decision to force the people of Flint to drink from a dangerous river, she again tried to slip out of giving a direct answer.
“You’re saying that the governor’s office was directly involved? I can’t address that at all because that’s not accurate.”
So she is not addressing a direct question because it is not accurate?
Questions are neither accurate nor inaccurate, but answers should be.
There is usually a compelling reason why evasion and obfuscation are the responses to a yes or no question. And the reason is this: The people doing the evading are afraid to tell the truth, and even more afraid to face the consequences that come with it.
Curt Guyette is an investigative reporter for the ACLU of Michigan. His work focuses on emergency management and open government. He can be reached at 313-578-6834 or cguyette@aclumich.org.
Related:
THE TITLE VI COMPLAINT OF TRUE RE: FLINT WATER
DATE: 10/15/15
TO: Attorney Jim Eichner
FROM: Taxpaying Residents United for Education (TRUE)
PERSPECTIVE: Thomas Jefferson said the mother principle of a republic is that the will of the people is represented, “governments are republican only in proportion as they embody the will of their people, and execute it.”
Taxpaying Residents United for 21st century Education, is a coalition of 26 Michigan groups, 2 national organizations, concerned teachers, a variety of leaders with a 10 point mission statement. We feel poorly represented in safety checks and balances, and wish to assert a complaint on the issues of state knowledge of lead in our water and a breakdown of public safety principals, protocols, best practices and communication under PA 436, as practiced by the State of Michigan.
ISSUE: Negotiations between two Emergency Managers, Orr and Hurtz/Earley did not put safety first. Flint released contaminated or toxic water into drinking fountains of Flint Public Schools and Flint Residents. Flint did not use chemicals which would minimize corrosion. In October 2014, General Motors received a waiver and stopped using Flint River water due to corrosion issues on metal parts. There was a failure by responsible officials to notify residents of public health emergency after internal EPA memo went to press July 15, 2015. Instead city officials sent a notice to each address that “This is not an emergency.” The MDEQ and MDHS criticized the Virginia Tech study which cited corrosion issues and Dr. Hana-Attisha’s study. Former EM Earley has denied responsibility. Shuette says state liability for EM decision is “hypothetical.”
PATTERN OF BREAK DOWN OF PUBLIC SAFETY: As Emergency Manager of Detroit, Kevyn Orr did not apply for Federal grants or use Federal grants available through FEMA, while fire fighters needed more personnel and equipment. He also shut the electricity off on all residents in the City on September 11, 2013 so that traffic lights stopped, the court house went black, fire house doors would not open, and people were stuck on elevators. People were evacuated from buildings and productivity of businesses was lost. He caused unnecessary harm and chaos, yet Gary Brown stated this was done to send a message.
The United Nations also cited Detroit for human rights violations due to mass water shut offs which increased asthma and sepsis and resulted in among the greatest number of e.coli and other bacterial outbreaks in the nation that year. Under PA 436, state departments like MDEQ and MDHS are one entity with the Emergency Manager, as the EM making decisions is an employee of the state. Under normal democracy, the State would represent the best interests of citizens to come to tell a town or council that actions were a threat to public health providing checks and balances.
JURISDICTION: The State is a recipient of Federal funds. Educational environments should be safe. There is a disparate impact on women and the minority community and a disparate environmental impact on the poor.
RMO: Governor Rick Snyder, Ed Kurtz, Darnell Earley, Dan Wyatt, Nick Lyon, Brad Wurfel
SUMMARY:
Risk Assessment
Emergency Managers, Ed Kurtz and Darnell Earley, knew or should have known, that stopping flow of water from the Huron River and releasing Flint River Water to the treatment plant and into the tap of Flint Schools was dangerous. Ed Kurtz, the Mayor of Flint and the appointed rather than elected City Council, under PA 436 chose to focus on money savings in an area where such a mistake could risk public health and result in death, long term disability, and illness.


























































































