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Topic: Board of Review appointment question - Josh?
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Dave Starr
F L I N T O I D

I know that board of review members are selected by the councilperson in each ward to represent their ward. My question is: can a board of review member be removed without cause? Can a council person remove the board member from their ward without giving a reason?
I was looking at the agenda for the Governmental Operations Committee meeting of July 23, and saw a resolution to replace Lynne Waybright as the 5th ward representative on the board. No reason was given. Also, I contacted Mrs. Waybright out of curiosity, and she didn't know anything about it. At the very least, should she not be notified that she was being replaced? Personal vendetta, perhaps?

_________________
I used to care, but I take a pill for that now.

Pushing buttons sure can be fun.

When a lion wants to go somewhere, he doesn’t worry about how many hyenas are in the way.

Paddle faster, I hear banjos.
Post Wed Jul 30, 2008 5:59 pm 
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Ryan Eashoo
F L I N T O I D


Maybe she missed too many meetings, I know people have been removed because of that.

_________________
Flint Michigan Resident, Tax Payer, Flint Nutt - Local REALTOR - Activist. www.FlintTown.com
Post Wed Jul 30, 2008 6:19 pm 
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Dave Starr
F L I N T O I D

I called her again - she said she has never missed a meeting. She's also the 5th ward captain - maybe that got her on Carolyn's wrong side. Although, Carolyn was at the 5th ward meeting Lynne called Monday evening & she never said a word. In fact, there were some issues that Lynne said didn't come under what the ward captain can do, and suggested to people they call Carolyn.

_________________
I used to care, but I take a pill for that now.

Pushing buttons sure can be fun.

When a lion wants to go somewhere, he doesn’t worry about how many hyenas are in the way.

Paddle faster, I hear banjos.
Post Wed Jul 30, 2008 6:47 pm 
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Dave Starr
F L I N T O I D

Another thought. Maybe she didn't vote to lower someone's taxes and they complained to Carolyn.
I don't know, but I'd like to. It seems odd that Lynn was never notified about any of this. Common courtesy would seem to dictate that she be informed of the decision and the reason for it.

_________________
I used to care, but I take a pill for that now.

Pushing buttons sure can be fun.

When a lion wants to go somewhere, he doesn’t worry about how many hyenas are in the way.

Paddle faster, I hear banjos.
Post Wed Jul 30, 2008 6:59 pm 
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Ryan Eashoo
F L I N T O I D

Thats weird, I do know they should have some good reason to remove someone.

_________________
Flint Michigan Resident, Tax Payer, Flint Nutt - Local REALTOR - Activist. www.FlintTown.com
Post Wed Jul 30, 2008 7:38 pm 
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00SL2
F L I N T O I D

§ 18-5 BOARD OF REVIEW CREATED; COMPOSITION; QUALIFICATION OF MEMBERS.
A board of review of the City of Flint is hereby created in accordance with the provisions of Section 7-202 of the Charter. The Board of Review shall consist of nine qualified registered electors. No member of the board shall hold any other public office or public employment, except that of a notary public.

(Ord. 2538, passed 12-22-75; Am. Ord. 2760, passed 2-25-80)

§ 18-5.1 SAME — APPOINTMENT, REMOVAL, TERM OF MEMBERS; FILLING OF VACANCIES; CLERK; RECORDS.
The members of the Board of Review shall be appointed by the City Council, and removal from office shall be for cause upon recommendation of the Mayor and approval of the City Council. The first members shall be appointed during the month of January, 1976, three-year terms expiring January 1, 1977, three for terms expiring January 1, 1978 and three for terms expiring January 1, 1979. Thereafter three members shall be appointed in the month of December of each year, for at term of three years, commencing on the following January first. No person may be appointed to the Board of Review who resides in the same ward of the city as a person already serving on the Board of Review. Vacancies occurring prior to the expiration of the term shall be filled for the remainder of the term in the same manner as an expired term. The City Assessor and/or his or her designees shall be entitled to be present and to be heard on all matters before the board, but shall have no vote. The City Clerk or his or her authorized representative shall be Clerk of the Board and shall keep a permanent record of all proceedings of the Board on file in his or her office.

(Ord. 2538, passed 12-22-75; Am. Ord. 2760, passed 2-25-80; Am. Ord. 3098, passed 5-8-89)
Post Wed Jul 30, 2008 11:10 pm 
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Josh Freeman
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I think that OOSL2 provided the info.... My only questions would be what is the definition of cause and the ordinance seems to say that the process has to be initiated by the Mayor. Hmmm.....
Post Thu Jul 31, 2008 7:21 am 
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Dave Starr
F L I N T O I D

Thanks. I'll pass this on to Lynne.

_________________
I used to care, but I take a pill for that now.

Pushing buttons sure can be fun.

When a lion wants to go somewhere, he doesn’t worry about how many hyenas are in the way.

Paddle faster, I hear banjos.
Post Thu Jul 31, 2008 7:35 am 
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ConcernedCitizen
F L I N T O I D

Sec. 1-603 FORFEITURE OF OFFICE AND REMOVAL FOR CAUSE.
A. The City Council shall declare the forfeiture of the office of any elective officer or appointee and may remove for cause any person appointed to an office for a fixed term. In every case there shall be a public hearing before the City Council with notice published in the same manner as notices of proposed ordinances. A Council member charged with conduct constituting grounds for forfeiture may not participate in the resolution of the charge.

B. The position of an elective City officer or an appointee shall be forfeited if he or she:

1. Lacks at any time any qualifications required by law or this Charter; or

2. Violates any provisions of this Charter punishable by forfeiture; or

3. Is convicted of a felony while holding the office or appointment.

C. Decisions made by the City Council under this section are not reviewable by the Mayor but are subject to judicial review in a hearing de novo. Any resident of the City may petition an appropriate court to require the City Council to hold a public hearing on the forfeiture of an office if the City Council has reasonably refused to proceed.

(Adopted by the electorate, 11-5-74)

Items one and three do not apply to Ms. Waybright. What violation on the charter did she commit?
Post Thu Jul 31, 2008 7:59 am 
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ConcernedCitizen
F L I N T O I D

Sec. 1-603 FORFEITURE OF OFFICE AND REMOVAL FOR CAUSE.
A. The City Council shall declare the forfeiture of the office of any elective officer or appointee and may remove for cause any person appointed to an office for a fixed term. In every case there shall be a public hearing before the City Council with notice published in the same manner as notices of proposed ordinances. A Council member charged with conduct constituting grounds for forfeiture may not participate in the resolution of the charge.

B. The position of an elective City officer or an appointee shall be forfeited if he or she:

1. Lacks at any time any qualifications required by law or this Charter; or

2. Violates any provisions of this Charter punishable by forfeiture; or

3. Is convicted of a felony while holding the office or appointment.

C. Decisions made by the City Council under this section are not reviewable by the Mayor but are subject to judicial review in a hearing de novo. Any resident of the City may petition an appropriate court to require the City Council to hold a public hearing on the forfeiture of an office if the City Council has reasonably refused to proceed.

(Adopted by the electorate, 11-5-74)

Items one and three do not apply to Ms. Waybright. What violation of the charter did she commit?
Post Thu Jul 31, 2008 8:00 am 
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ConcernedCitizen
F L I N T O I D

Sec. 1-603 FORFEITURE OF OFFICE AND REMOVAL FOR CAUSE.
A. The City Council shall declare the forfeiture of the office of any elective officer or appointee and may remove for cause any person appointed to an office for a fixed term. In every case there shall be a public hearing before the City Council with notice published in the same manner as notices of proposed ordinances. A Council member charged with conduct constituting grounds for forfeiture may not participate in the resolution of the charge.

B. The position of an elective City officer or an appointee shall be forfeited if he or she:

1. Lacks at any time any qualifications required by law or this Charter; or

2. Violates any provisions of this Charter punishable by forfeiture; or

3. Is convicted of a felony while holding the office or appointment.

C. Decisions made by the City Council under this section are not reviewable by the Mayor but are subject to judicial review in a hearing de novo. Any resident of the City may petition an appropriate court to require the City Council to hold a public hearing on the forfeiture of an office if the City Council has reasonably refused to proceed.

(Adopted by the electorate, 11-5-74)

Items one and three do not apply to Ms. Waybright. What violation of the charter did she commit?
Post Thu Jul 31, 2008 8:00 am 
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ConcernedCitizen
F L I N T O I D

Sec. 1-603 FORFEITURE OF OFFICE AND REMOVAL FOR CAUSE.
A. The City Council shall declare the forfeiture of the office of any elective officer or appointee and may remove for cause any person appointed to an office for a fixed term. In every case there shall be a public hearing before the City Council with notice published in the same manner as notices of proposed ordinances. A Council member charged with conduct constituting grounds for forfeiture may not participate in the resolution of the charge.

B. The position of an elective City officer or an appointee shall be forfeited if he or she:

1. Lacks at any time any qualifications required by law or this Charter; or

2. Violates any provisions of this Charter punishable by forfeiture; or

3. Is convicted of a felony while holding the office or appointment.

C. Decisions made by the City Council under this section are not reviewable by the Mayor but are subject to judicial review in a hearing de novo. Any resident of the City may petition an appropriate court to require the City Council to hold a public hearing on the forfeiture of an office if the City Council has reasonably refused to proceed.

(Adopted by the electorate, 11-5-74)

Items one and three do not apply to Ms. Waybright. What violation of the charter did she commit?
Post Thu Jul 31, 2008 8:01 am 
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ConcernedCitizen
F L I N T O I D

Sec. 1-603 FORFEITURE OF OFFICE AND REMOVAL FOR CAUSE.
A. The City Council shall declare the forfeiture of the office of any elective officer or appointee and may remove for cause any person appointed to an office for a fixed term. In every case there shall be a public hearing before the City Council with notice published in the same manner as notices of proposed ordinances. A Council member charged with conduct constituting grounds for forfeiture may not participate in the resolution of the charge.

B. The position of an elective City officer or an appointee shall be forfeited if he or she:

1. Lacks at any time any qualifications required by law or this Charter; or

2. Violates any provisions of this Charter punishable by forfeiture; or

3. Is convicted of a felony while holding the office or appointment.

C. Decisions made by the City Council under this section are not reviewable by the Mayor but are subject to judicial review in a hearing de novo. Any resident of the City may petition an appropriate court to require the City Council to hold a public hearing on the forfeiture of an office if the City Council has reasonably refused to proceed.

(Adopted by the electorate, 11-5-74)

Items one and three do not apply to Ms. Waybright. What violation of the charter did she commit?
Post Thu Jul 31, 2008 8:02 am 
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ConcernedCitizen
F L I N T O I D

Sec. 1-603 FORFEITURE OF OFFICE AND REMOVAL FOR CAUSE.
A. The City Council shall declare the forfeiture of the office of any elective officer or appointee and may remove for cause any person appointed to an office for a fixed term. In every case there shall be a public hearing before the City Council with notice published in the same manner as notices of proposed ordinances. A Council member charged with conduct constituting grounds for forfeiture may not participate in the resolution of the charge.

B. The position of an elective City officer or an appointee shall be forfeited if he or she:

1. Lacks at any time any qualifications required by law or this Charter; or

2. Violates any provisions of this Charter punishable by forfeiture; or

3. Is convicted of a felony while holding the office or appointment.

C. Decisions made by the City Council under this section are not reviewable by the Mayor but are subject to judicial review in a hearing de novo. Any resident of the City may petition an appropriate court to require the City Council to hold a public hearing on the forfeiture of an office if the City Council has reasonably refused to proceed.

(Adopted by the electorate, 11-5-74)

Items one and three do not apply to Ms. Waybright. What violation of the charter did she commit?
Post Thu Jul 31, 2008 8:02 am 
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ConcernedCitizen
F L I N T O I D

Sorry about the posts. I kept getting an error message that said it could not connect to the server and that the post did not get listed. I kept trying until it said the post was accepted. Apparently they all went through. Sorry again.
Post Thu Jul 31, 2008 8:08 am 
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