| Author
|
Post |
 
|
|
untanglingwebs
El Supremo
|
However, one legal expert said it will likely be a difficult case for the city to win.
“Even if it turned out to be that the effect of his (Williamson’s) actions was discriminatory, that’s not the end of the story,” said Gerald Fisher, a law professor at Cooley Law School and former municipal attorney. “You would have to say the mayor went way out of his way to go outside the scope of his duties.
“I don’t know all the facts, but it would be a very tough case.”
Attorney: City of Flint seeking $4.5 million from former Mayor Don Williamson in police Citizens Service Bureau case
Published: Friday, October 21, 2011, 7:52 AM Updated: Friday, October 21, 2011, 9:01 AM
By Kristin Longley | Flint Journal
Follow
FLINT, Michigan — The city of Flint has a new demand for Don Williamson: Fork over $4.5 million.
In a rare move for a local government, the city is asking a judge to order its former mayor to personally pay the $4.5 million awarded to Flint police officers who sued the city over Williamson’s controversial Citizens Service Bureau.
“We’re going to pursue collection from Don Williamson through all available means under the law,” City Attorney Peter Bade said. “We are now in the process of seeking to collect.”
The demand is likely to lead to a drawn-out court fight between the city and its former leader, who resigned in February 2009 while facing a recall election.
The key issue will be whether Williamson can be held personally responsible for his actions while he was serving as mayor of Flint. The city has an ordinance that indemnifies, or holds harmless, its public officials for their actions “while acting within the scope of (their) authority.”
Williamson declined to comment on the matter, but his attorney, George Peck, said he filed a complaint Wednesday in Genesee County Circuit Court demanding the city indemnify the former mayor.
He also said the city early on had promised to indemnify the mayor in the CSB case.
“The city has no basis to ask for a contribution from the mayor based on city ordinance,” Peck said. “It owes the mayor indemnity.”
But the city disagrees, and is refusing to let Williamson go quietly into retirement.
Bade believes the arbitrators opened the door for the city to seek payment from Williamson when it ruled that race was a factor when Williamson promoted four black men and one white woman to a special police unit called the Citizens Service Bureau in 2006.
The unit was later disbanded, but not before 48 officers sued the city and Williamson in state and federal court. The case landed before three arbitrators, who ruled in favor of the officers and awarded them a total of $3.8 million — a judgment which grew to $4.5 million with interest.
Bade said the city’s position is that there is no duty to indemnify if the employee was not acting within the course and scope of their employment.
“The city of Flint has a specific policy prohibiting discrimination,” Bade said in an email. “Williamson engaged in actions that were contrary to the explicit employment policies of the city. ... So there is no duty to indemnify.”
The judgment in favor of the police officers was awarded “jointly and severally,” which means the winning party can collect the entire judgment from any and all of the losing parties in various amounts.
The police officers agreed on a payment plan with the city, and also granted the city their right to collect the arbitration award from Williamson, Bade said.
Attorney Glen Lenhoff, one of three lawyers who represented the police officers, said his first priority is to ensure his clients get paid. But, he said, he also believes his clients are “deeply offended by Mr. Williamson’s actions as men or women of the law.”
“It would be justice for Mr. Williamson to have to pay some of the judgments,” Lenhoff said. “We think that Mr. Williamson should have to pay.”
The city has already made a first payment of $1 million, which was paid out of an insurance policy the city has for legal judgments. The payment plan states the officers will get another $1 million next year and the rest of the award in 2013, Lenhoff said.
Bade said it will be the city’s responsibility to make those payments as it seeks to collect the amount from Williamson.
However, one legal expert said it will likely be a difficult case for the city to win.
“Even if it turned out to be that the effect of his (Williamson’s) actions was discriminatory, that’s not the end of the story,” said Gerald Fisher, a law professor at Cooley Law School and former municipal attorney. “You would have to say the mayor went way out of his way to go outside the scope of his duties.
“I don’t know all the facts, but it would be a very tough case.”
|
|
|
Sat Oct 22, 2011 8:05 am |
|
|
untanglingwebs
El Supremo
|
phillip October 21, 2011 at 8:40AM
The idea was not bad it was how it was carried out and implimented. It was not done with a fair process and that is the problem.
90220 October 21, 2011 at 9:09AM
Don't think this wasn't well timed by Walling. He may be completely useless when it comes to running a city, but he's not too bad when it comes to running a campaign. He plays dirty. I've seen it first hand.
bluesky101 October 21, 2011 at 8:03AM
Wait let me check the calender.....Nope its not April's fool day BUT...........I'm laughing anyways.
rebel4us October 21, 2011 at 9:07AM
I dont care how much Money the City sues for...it wont help them with anything.. The system in FLINT, needs help alright..but they need to look within and see who's making the bad decisions.
doinit4me October 21, 2011 at 9:19AM
Rules and regulations, policies and procedures, civil rights guarantees and employment laws were set up so that, if followed, elected officials and municipal employees can be idemnified. The same apply's to Policemen. But when an elected official or Police Officer violate"s those rules and regulations and policies and procedures and act's outside the scope of their authority the elected official or Police Officer can be held personally liable.
The way in which the CSB was created violated all applicable guidelines and laws and Williamson knew or should have known that going in. He is supposed to be the head of a multi-million dollar business empire subject to stricter Federal and State employment rules and yet claim's ignorance when he stated that he did not know it was illegal to fill positions based on race. Couple that with his claim that the positions were created according to the rules, which have been around for decades and which even school children are aware, and it becomes obvious that he does not care what the law says which equals a guilty mind which equals liability.
There is no grey area in this case. Williamson acted outside the scope of his authority contrary to everything set up to protect him from liability and he should have to pay part, if not all, of the judgement.
Take it a step further and think about forcing some of the other elected officials in the city to pay up for standing on the sidelines and allowing this mess to happen.
Lets just hope that if this case goes to a jury there are no, or few, Flint pastors seated. We all know where their loyalty lies. I can just hear some of them now. "We never said that...we never wanted him to do that...I know we said that there are not enough minorities in leadership positions in the Police Department but we didn't tell him to violate the same laws minorities have spent the last 70 years fighting and dying for." Yeah, right.
FCINDIAN October 21, 2011 at 11:51AM
Mayor Walling and Attorney Bade will loose this lawsuit and cost the city more money. The city has been down this road with Mayor Stanley and lost. Once again city voters should see why Walling is not the right man to lead the city. This is not as simple as Williamson being right or wrong, he was wrong. It is about the City Charter protecting the idoits we elect to lead the city. The solution to this problem is to change the charter, but then Walling wouldn't have protection from his poor leadership of crime and death to the citizens of Flint.
davide October 21, 2011 at 12:29PM
Looks to me like Williamson should run for governor...
NoLivingWage October 21, 2011 at 12:55PM
This whole entire country is WAY too awash in this endless sea of frivolous discriminatory lawsuits, everyone trying to get rich like its the lottery or something ..., soon this country will go under because of all this NONSENSE GREED.
shanedr October 21, 2011 at 2:02PM
As usual Flint's leaders are devoid of even a modicum of intelligence. Both during Williamson's tenure and now Wallings.
The only thing certain is that this will cost the taxpayer's money. What is needed is a realist who will forget about what should have been done and do what needs to be done now.
Please Governor Snyder, end Flint's misery and appoint an Emergency Financial Manager before it is too late.
TakeBackAmerica October 21, 2011 at 2:54PM
Just another SCAM!!!!!
The city is already responsible for 4.5 million payout, and now they want to pay more to lawyers to fight a battle they can't win.
I bet Mr. Bade is helping other old city attorneys rob the citizens again!!!!
It just keeps getting better all the time.
h20h20h20h20 October 21, 2011 at 9:42PM
An absolute waste of money on this lawsuit. Strictly election related. In fact under the law is probably frivolous and will cost us taxpayers even more money, not to mention the total waste in attorney fees.
Very dumb & short sighted move by walling. |
|
|
|
Sat Oct 22, 2011 10:04 am |
|
|
munnbreslin
F L I N T O I D
|
| Webs, is this all you do with your life? The sheer amount of posts you make is starting to leave the territory of sad and is entering the territory of pathetic. For gods sake find a hobby. |
|
|
|
Sat Oct 22, 2011 11:45 am |
|
|
Dave Starr
F L I N T O I D
|
What's the matter,, don't like seing negative things about your boy Walling?
And, maybe this IS Web's hobby. |
_________________
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. |
|
|
Sat Oct 22, 2011 1:26 pm |
|
|
untanglingwebs
El Supremo
|
Calling Them Out: Forget trying to make Williamson pay Citizens Service Bureau judgment
Published: Thursday, October 27, 2011, 8:59 AM
By Editorial Board | The Flint Journal
As solutions go, this one definitely is tempting.
Have former Mayor Don Williamson pick up the tab for the $4.5 million owed to Flint police officers who sued the city in state and federal court alleging discrimination related to Williamson’s controversial Citizens Service Bureau.
Ultimately, the special police unit to which four black men and one white woman were promoted was disbanded, but that came only after 48 officers sued the city and mayor in state and federal court. An arbitration panel awarded the officers $3.8 million, which grew to $4.5 million with interest.
If only it were so easy to wipe out some of the city’s red ink.
But as tempting as it is to go after Williamson, whose policies and actions while mayor have cost this city plenty — the Genesee Towers debacle being a prime example — city officials must resist.
First, the battle is likely to be long. The last thing Flint needs is another costly and protracted court battle, especially one that may end unsatisfactorily for the city.
Which brings us to the main reason to avoid this lawsuit. It’s not likely to end well for Flint.
Public officials such as Williamson, who was duly elected by the voters in Flint, are indemnified. That means they are held harmless for their actions while in office.
Good, bad or indifferent, Williamson probably is off the hook for what he did while mayor, even if he wound up resigning in the face of a recall threat. (If there’s a lesson to be learned here, it is the voters need to be very careful who they choose to serve them, whatever the office.)
City attorney Peter Bade, however, claims the city has a legal leg to stand on since Williamson violated the city’s employment policies, which explicitly forbid discrimination. He points to the fact the arbitration panel ruled race was a factor in the promotions to the CSB.
Perhaps the city would wind up victorious and ultimately collect from Williamson, whose attorney has already filed a complaint on his behalf in Genesee County Circuit Court demanding indemnity. The attorney claims the city had agreed to indemnify the mayor regarding the CSB case.
But it’s a long shot, a gamble the city cannot afford to make.
Cooley Law School Professor Gerald Fisher, who used to be a municipal attorney, says this would be a tough case to win.
He notes that the city would have to show “the mayor went way out of his way to go outside the scope of his duties.”
As distasteful as some people might find it to be, the city should forget trying to make Williamson pay and move on.
Walling will also have governmental immunity!
|
|
|
|
Thu Oct 27, 2011 7:16 pm |
|
|
untanglingwebs
El Supremo
|
| How much is this case costing us in terms of legal fees. |
|
|
|
Wed Oct 03, 2012 7:16 am |
|
|
|
FAQ
Search
Memberlist
Register
Profile
FlintTalk.com Forum Index
> Political Talk
