Live reporting by
Kayleigh Lickliter
OIG accuses Corporation Counsel of obstruction. Land transfer for Detroit International Bridge fails 4-3.
Kayleigh Lickliter
@kayleighrenel
Good morning, Detroit!đ€đ
Iâll be live-tweeting the Detroit City Council Formal Session meeting today at 10:00AM for #DETdocumenters.
@media_outlier @Detour_Detroit @BridgeDet313 @PlanetDetroit @freep @wdet @DETdocumenters
Iâll be live-tweeting the Detroit City Council Formal Session meeting today at 10:00AM for #DETdocumenters.
@media_outlier @Detour_Detroit @BridgeDet313 @PlanetDetroit @freep @wdet @DETdocumenters
09:26 AM Nov 3, 2021 CDT
Todayâs meeting is being held virtually. Instructions to join/participate and the agendas are posted on the cityâs website.
detroitmi.gov/events/novembeâŠ
detroitmi.gov/events/novembeâŠ
Ellen Ha, Detroitâs Inspector General, provided an update on litigation contracts. The Office of IG has requested an investigation into Corporation Counsel as they believe there is a âserious violationâ of conflict of interest with Corporation Counsel
âWe believe the Corporation Counsel is improperly intervening in our investigations by providing legal counsel and representation to high level city public officials and employeesâ Ellen Ha, Detroitâs Inspector General
Charles Raimi, Corporation Counsel, responded and said that they were unaware this was going to be disputed publicly. https://t.co/euaEBdZVbv
Raimi said the City Charter allows Corporation Counsel can represent any officer or employee in any city action.
Raimi further alleged that Ms. Ha and OIGâs office are the ones in conflict of interest. And described an example of a City employee having to sign an affidavit that said they wouldnât speak with Corporation Counsel
Raimi said Ha has gone after roughly 7-8 high level public officials in Detroit that didnât commit a crime.
David Whittaker, Law Dept, interrupted and said he believes this should be discussed in closed session
Brenda Jones said that the fact that she put on the agenda is sufficient enough notice. She also asked Mr. Raimi why they canât hire outside counsel (requested by Ha and OIG)
Mr. Raimi said the reason Corporation Counsel canât hire outside counsel is because of their limited budget. @iam_brendajones chuckled
Raimi said theyâll make their letter about the matter public so City Council can take look at their response. He doesnât believe that the matter should be handled in closed session at this point
JaneĂ© Ayers commented and defended Corporation Counsel. She doesnât feel Council should silence Raimi when Ha brought this to the forefront
âAt this point, you know, whatever needs to be discussed, letâs discuss it. Whether itâs public, private or otherwise..â JaneĂ© Ayers
Ayerâs was going to ask where Attorney Garcia was and said âI donât blame him for not being here because this, this is trashâ
Ellen Ha agreed with Mr. Raimi about making the correspondence between Corporation Counsel and OIG public. OIG feels this is a matter of significant importance.
Council member Scott Benson said he doesnât feel that this is the proper place to dispute this issue. He said it feels like the cityâs âdirty laundryâ is being aired right now
Ha said the OIG is requesting a contract for $100k for outside counsel with the understanding that this may be amended based on the length of time needed to address the issues at hand here
Julie Porter, Inspector Generalâs office, explained that the OIG sent Corporation Counsel a legal analysis about professional conflicts of interest. Thereâs different rules for when Corporation Counsel can step in and represent people in situations
Corporation Counsel responded to the analysis with questions. OIG responded within a day and requested a meeting. Mr. Garcia declined to meet with OIG and said if they feel thereâs an issue, they need to file a complaint
OIG told Corporation Counsel that if they couldnât work through the issues stated in the analysis, the only recourse was to file a complaint with the Michigan Attorney Generalâs Grievance Commission.
Raimi said that OIG gave Corporation Counsel a 3-week deadline and the way they interpreted it was that if Corp. Counsel didnât agree with OIGâs legal opinion, theyâll file a complaint.
Corporation Counsel says thereâs issues in the initial allegations (in OIGâs analysis) and requested supporting facts for those. Raimi said OIG did not provide that.
Brenda Jones responded and said âyou guys are communicating through letters like youâre in different statesâ and said she doesnât understand whatâs so hard about a Zoom meeting to discuss the issues like they are today.
âFor the sake of God, somebody please help me understand what is the problem with face to face communicationâ- @iam_brendajones
Councilmember Raquel Castañeda-López asked for clarification that OIG is still okay with the contract they currently have.
Ellen Ha said yes. And said that she doesnât want to drain the cityâs budget on internal issues but this is where itâs headed.
Raquel Castañeda-LĂłpez said she wants to make sure councilâs role in the matter is clear for the public. She also said she admires Haâs courage and leadership.
Castañeda-LĂłpez noted that this isnât the first time that this has happened at the table. She said that Ms. Haâs role under the City Charter is undermined when someone says âthis is just dirty laundryâ.
Castañeda-López said that the above also undermines the problem being brought to City Council today. She agrees that this matter should be discussed further in closed session. She thought they were going to discuss a different matter.
Councilmember Raquel Castañeda-López asked for clarification that OIG is still okay with the contract they currently have.
Ellen Ha said yes. And said that she doesnât want to drain the cityâs budget on internal issues but this is where itâs headed.
Raquel Castañeda-LĂłpez said she wants to make sure councilâs role in the matter is clear for the public. She also said she admires Haâs courage and leadership.
Castañeda-LĂłpez noted that this isnât the first time that this has happened at the table. She said that Ms. Haâs role under the City Charter is undermined when someone says âthis is just dirty laundryâ.
Castañeda-López said that the above also undermines the problem being brought to City Council today. She agrees that this matter should be discussed further in closed session. She thought they were going to discuss a different matter.
Lawrence Garcia, Corporation Counsel, joined the meeting. He said that he doesnât believe that this was properly brought before Council.
Garcia said that they City has a history of individuals trying to influence the legal guidance provided to the City. And said he doesnât believe the dispute is a City Council matter.
Garcia said heâll continue to pursue policy that he believes is his duty to city employees, as they request it.
The discussion about the Inspector Generalâs update regarding external litigation contracts has concluded.
President Brenda Jones requested a moment of silence for a 15-year old who was a victim of drive by shootings.
Reports were referred to the appropriate standing committee:
âą 15 to Internal Operations
âą1 to Neighborhood and Community Services
âą 13 to Public Health and Safety
âą 15 to Internal Operations
âą1 to Neighborhood and Community Services
âą 13 to Public Health and Safety
đšPublic Comment!
36 people present - we are running a marathon today!
36 people present - we are running a marathon today!
1. Discussed the lack of community outreach regarding a 2nd bridge and the land exchange deal
2. is with DOZ Corporation and asked Council to take another look at the procurement ordinance amendment
2. is with DOZ Corporation and asked Council to take another look at the procurement ordinance amendment
3. Resident of Hubbard Farms neighborhood. Opposed the Riverside Park deal. Asked for clarity on community engagement
4. Requested an environmental impact study for the park land exchange deal.
4. Requested an environmental impact study for the park land exchange deal.
5. Opposed the land exchange. Feels the city shouldnât be giving away public land for private development. He referenced campaign contributed, citing specific numbers for each council member
Jones and McCalister Jr responded. They both said their votes are not for sale and their campaign staff handle their contributions.
6. Didnât unmute himself when asked to.
7. Urged council to vote no on the land exchange deal and to require a community benefits agreement
7. Urged council to vote no on the land exchange deal and to require a community benefits agreement
8. Kyle Lopez, External Affairs for Wayne County Execâs office. He wanted to let everyone know that they are concerned about community concerns regarding rental assistance and encouraged the public to contact him for further help
9. Did not unmute themselves
10 and 11 both echoed previous comments opposing the land exchange deal. Also requested community engagement efforts.
10 and 11 both echoed previous comments opposing the land exchange deal. Also requested community engagement efforts.
12. Opposed the land exchange deal, particularly without community engagement. He said this is essential for protecting public health and quality of life.
12. Also echoed concerns about the land exchange deal.
13 and14 did not unmute themselves
13 and14 did not unmute themselves
15. Addressed procurement and processes therein, felt the city needed policy
16. In the area of the FCA plant. Said that with 2 violations for air quality, theyâre still dealing with the smell and other issues that have been brought up.
16. In the area of the FCA plant. Said that with 2 violations for air quality, theyâre still dealing with the smell and other issues that have been brought up.
Brenda Jones said they are doing everything they can do with regard to the FCA plant. She said she passes the plant on her way to/from work and the fumes hit her as well, so she knows the problem firsthand
17. Agreed with other callers who opposed the land exchange deal. Encouraged council to pay attention to line item 38.
18. (Change of pace!) Resident of SW Detroit, encouraged support for the Riverside Park deal. She said that when it was initially brought to Council in 2015, there was community input and they received a park space and skateboarding area from youth
19. President of a neighborhood association, opposed the land exchange deal. Said they sent a petition to Council last night w/ 500 signatures that oppose the land exchange
20. Commented about the low voter turnout.
21. Opposed the land exchange deal with the Ambassador Bridge company.
Said sheâs felt the negative impact the company has had on her neighborhood.
21. Opposed the land exchange deal with the Ambassador Bridge company.
Said sheâs felt the negative impact the company has had on her neighborhood.
22. Castañeda-López said she received a text from this caller. They told her they cannot step away from their commitment but submitted written comment and asked that it be read today.
23. Not present
24. Discussed various issues, none specific to Detroit
25. Not present
24. Discussed various issues, none specific to Detroit
25. Not present
26 and 27 are union workers and expressed support for union employment in city contracts, which is a proposal by President Brenda Jones
28 and 29 were not present
28 and 29 were not present
30. Resident of Hubbard Farms, encouraged Council to vote ânoâ on the land deal with the bridge company. She said the community wants as much Riverside Park as they can have.
31. commented on the land exchange. Feels the developer needs to be held to the initial contract as thereâs still an injustice that there wasnât 42 houses. Doesnât feel the developer should be getting any more land
32, 33 and 34 are union workers and commented in support of Council President Jonesâ âInvest in Detroitâ proposal.
35. Also supported the Invest in Detroit proposal.
36 was not present.
36 was not present.
Anddd thatâs everyone who had their hand raised. A written comment was read and they opposed the land exchange deal.
Castañeda-LĂłpez said that @stephanielily and Ben Ratner both submitted written comment to the Clerkâs office to be read on the record. She read both and they opposed the land exchange with the bridge company.
Gail Fulton said she sent 6 letters to Brenda Jones and the clerkâs office this morning to be read during public comment.
The Clerk is reading the 6 letters that were sent from the Cityâs administration.
The first two supported the land exchange deal. The clerk noted that they were identical letters.
The first two supported the land exchange deal. The clerk noted that they were identical letters.
There seems to be an issue with the timing of when these letters were sent to the Clerkâs office. Based on my own observation, it sounds like these letters were sent to the Clerk after, coincidentally, public comments overwhelmingly opposed the land exchange deal.
The clerk read the remaining 4 letters from the 6 sent by Gail Fulton and the cityâs administration. All supported the land exchange deal.
đThe formal session recessed for a hot minute to start and recess the Budget, Finance and Audit Standing Committee meeting. This is done so they can continue the Formal Session meeting.
In other words, they put us on a brief hold to tell a Committee theyâll call them back đ„Ž
In other words, they put us on a brief hold to tell a Committee theyâll call them back đ„Ž
Annddd were moving forward! For those following along, weâre on line item 30 and 31 on the regular agenda.
Ordinance amendment that bars city contractors from reviewing applicantsâ criminal conviction history.
The public hearing will be November 10th at 1:25pm. https://t.co/YAo68E7kIl
Ordinance amendment that bars city contractors from reviewing applicantsâ criminal conviction history.
The public hearing will be November 10th at 1:25pm. https://t.co/YAo68E7kIl
*****Correction ^ should be November 10th at 1:05pm (NOT 1:25pm.)
Next is a property tax ordinance amendment (should say Sheffield, not Ayers). This hearing will be on November 16th. Couldnât hear the time. https://t.co/O1U3DWfa1K
34 and 35 is another ordinance amendment which addresses the equalization credits applied during the procurement process. The public hearing will be November 10th at 1:15pm. https://t.co/ThKazaGL52
36 is related to Neighborhood Enterprise Zone Exemptions and was approved.
37 is also approved. This adopted the 2022 âHomeowners Property Exemptionâ guidelines and processes https://t.co/1HbSnlNIIS
An Obstruction of Government ordinance amendment that expands the definitions of prohibited conduct to protect all public servants was unanimously adopted.
David Whittaker, Law Dept, said he doesnât believe that this has anything to do with what was discussed this morning with the OIG and Corporation Counsel
Here is information about the Obstruction of Government ordinance amendment, taken from the agenda https://t.co/RXXoTViP1I
39-47 are legal settlements and one is for legal representation. These were unanimously approved with no discussion.
48 and 49 is for an ordinance amendment that establishes an Industry Standards Board. The public hearing on this matter will be November 17th at 10:05am. https://t.co/qKQZm3WEWL
50 accepts and appropriates an early education grant. This was unanimously approved. https://t.co/jcFH7DwodK
Back to 48 and 49. There was a motion to reconsider the hearing date. The hearing will now be November 10th at 10:05am.
51 and 52 are contracts for athletic equipment and design-build for an Animal Care and Control Center. Both were approved https://t.co/KnyoGP2Knt
Oh boy. We are on 53, which is the land exchange that was overwhelmingly opposed during public comment. https://t.co/k6wqnNRV2T
Raquel Castañeda-López said this is a chance to hold the Bridge Company to the same standard they held the Gordie Howe Bridge developer to. She noted that City Council has the power to vote this down.
There was a community effort that gathered 500 signatures opposing the land exchange. Castañeda-López said she hosted a community meeting and there were over 50 participants.
President Brenda Jones motioned to end debate on the matter. Councilmember Benson said he did not want to end debate. Therefore, debate continues
Phewwwww. Lawrence Garcia, Corporation Counsel is in the house and responded.
He started by saying âwhen a member of Council discloses privileged and confidential information, it is regrettable.â
He started by saying âwhen a member of Council discloses privileged and confidential information, it is regrettable.â
Garcia said that in July 2015, the city entered a contract with the International Bridge Company. Actions were taken in support of the contract in June 2017 and April of this year.
Garcia said he believes that City Council is compelled by the contract to provide âreasonable best efforts to consummate the contemplated transactions in the land exchange agreement.â
Seems like a big statement!
Seems like a big statement!
Jones asked questions about the legal obligations of City Council. Garcia said that under the contract, the city as a whole has to âtryâ and complete the deal
Lawrence Garcia, Detroit Corporation Council, explained that a contract is an exchange of promises. He said âif we donât keep our promises, we can be sued, and thatâs called a breach of contract.â
Weâve got a fire at the table today.
Councilmember Castañeda-LĂłpez questioned whether Garciaâs remarks were illegal. She said that in 2015, Council was told their hands would not be tied and had power to vote it down
Councilmember Castañeda-LĂłpez questioned whether Garciaâs remarks were illegal. She said that in 2015, Council was told their hands would not be tied and had power to vote it down
Castañeda-LĂłpez said in that same discussion, they were told that the commitments and promises that Garcia mentioned were the administrationâs obligation - not City Council.
Castañeda-LĂłpez said that as a client of Corporation Counsel, she feels Garciaâs remarks are grounds to remove him from his role, based on the number of times heâs provided legal guidance to City Council.
Marcel Hurt, Law Dept, said that the report on the matter says the worst case scenario was the City would lose a $2 million donation. He also said the City could technically be sued, but that doesnât mean itâll be successful and that it was unlikely that the City would lose
The land exchange deal failed and did not receive City Councilâs approval.
Castañeda-LĂłpez requested a waiver. However, thatâs not permissible for resolutions that arenât approved.
When item 60 on the agenda was referred to standing committee, I discovered and reported on the demolition of 5902 Grandy St. and the fact that it was already done. My thread is here đđŒ twitter.com/kayleighrenel/âŠ
Weâll see if anyone on City Council calls my findings out today! đđ„±
Councilmember McCalister Jr asked about #70. He asked for clarity about the demolition having something to do with the ârising of the groundâ.
McCalister Jr asked for this matter to be postponed for one week until they receive the corrected documents.
âą Jones voted no on 57-69 and 71, 72 and 78
âą McCalister Jr voted no on 58 and 78
⹠Castañeda-López voted no on 54.
All of the resolutions were approved
âą McCalister Jr voted no on 58 and 78
⹠Castañeda-López voted no on 54.
All of the resolutions were approved
81 and 82 were approved. Weâre now discussing language related to 83 and 84.
Weâre on to new business and I am stepping away for a hot minute to fulfill my mom job! But Iâll be right back to report the remainder of the meeting đ
After a quick review of the transcript available via Zoom and briefly listening to what was happening - it appears that 1-26 on the New Business agenda were approved with limited discussion on technicalities/language for a number items, but nothing significant. đđŒ
27 is a resolution waiving approval to form a Purchasing and Supplies ordinance. https://t.co/VWERKpPa85
@iam_brendajones is addressing conflicts sheâs encountered with Corporation Counsel now. She said she doesnât feel that they are being rushed as he (Lawrence Garcia, I assume) said.
Council President Brenda Jones said she feels that Corporation Counsel is refusing to sign off on the matter without reviewing the changes in response to their opinion.
âI have tried to work with Corporation Counsel and the administration for over a year and have truly been unsuccessful.â - Council President Brenda Jones
@iam_brendajones
@iam_brendajones
Jones says itâs happening now with this ordinance/resolution and it happened with the community benefits ordinance because the administration didnât agree.
With regard to the community benefits ordinance President Jones said she was told it was illegal. âWe all know how long and disrespectful that process wasâ
David Whittaker, Law Department, provided input about his discussions with Brenda Jonesâ office that echoed concerns that have been stated throughout the meeting today.
âWeâre constantly hearing people who said they had to work two or three jobs to live in the city of Detroit.â Brenda Jones said as she explained the discussions taking place with the Mayorâs office about investing in Detroit in terms of employment
Ayerâs asked Corporation Counsel whether the new version of the proposed resolution addressed the issues that need to addressed.
Lawrence Garcia said heâs been in contact with Jonesâ staff. He said today has been an âambushâ that was âorchestratedâ
Garcia said heâs not going to be bullied into approving the proposed legislation because it violates the law.
Brenda Jones has entered the ring with Corporation Counsel.
I repeat, Brenda Jones entered the ring. With her gloves on.
I repeat, Brenda Jones entered the ring. With her gloves on.
She said that Corporation Counsel has talked to her staff two times.
âRespect the citizens of this city, who deserve to be able to get a job, who deserves for us to invest in the city of Detroitâ
âRespect the citizens of this city, who deserve to be able to get a job, who deserves for us to invest in the city of Detroitâ
Lawrence Garcia said he respects Jonesâ too much to argue with her and he can tell she has strong feelings. He said âIâll just hold my peaceâ.
Brenda Jones said she feels that thereâs so much disingenuousness and BS, sheâs tired of it.
âIâm not an angry black woman. Iâm just fed up with the BS.â - Council President Brenda Jones @iam_brendajones
Ayers said she doesnât like how this is all playing out. She said this has been the longest day of her life.
(Note: Heard that!)
(Note: Heard that!)
âInvest in the people who invest in our salaries. Thatâs all Iâm asking.â - @iam_brendajones to Lawrence Garcia, Corporation Counsel
Ayers said she doesnât understand where the problem lies. Jones and Garcia were supposed to discuss it when it was in her committee. Now theyâre at this point and Council President says they havenât discussed it.
Ayers said sheâs never going to be in favor of legislation that has legal ramifications such as what was noted in the memo.
Garcia said heâs confident that they can come to an agreement on the matter but that it canât be rushed.
Brenda Jones said sheâs asking Garcia what to remove so they can get this approved, thatâs it
Brenda Jones said sheâs asking Garcia what to remove so they can get this approved, thatâs it
Garcia said heâs going to withdraw and wished Jones a good day.
Jones responded and said that all Garcia has been doing is withdrawing.
Jones responded and said that all Garcia has been doing is withdrawing.
McCalister asked if there were certain provisions that can go forward from both sides to still make an impact for Detroit residents.
Garcia responded and said Jonesâ position has âevolvedâ over time. And when it changes, it takes more time
Garcia responded and said Jonesâ position has âevolvedâ over time. And when it changes, it takes more time
Garcia added that he also spends a lot of time meeting the demands of his role and said he attended his sonâs soccer games but spent the entire weekend working on his 9-page memo. He said heâll do neglect his family if thatâs âthe will of the bodyâ.
McCalister Jr asked Garcia if he sees the ordinance moving forward by the end of the month.
Garcia said thatâs determined by the size of the ordinance.
Garcia said thatâs determined by the size of the ordinance.
Jones has pointed out several times that what Corporation Counsel had said about seeing the proposed legislation 3 weeks ago is not true. Sheâs been working on the Invest in Detroit matter for 3 years.
Mr. Whittaker said that anytime you propose an ordinance, or an amendment to one, it comes with risk. Nothing that Council does is risk free. However, itâs best to reduce the opportunity for conflicts to arise
Note/correction: I believe I said earlier that Whittaker was with the Law Department. Heâs with the Legislative Policy Division.
Whittaker said the Legislative Policy Division is willing to work with Corporation Counsel and Council President Jonesâ office to get the amendments passed
Council member Benson chimed in. His video is off but his mic on because heâs driving (đŹ). He said heâs never been in a position to waive the rules like this.
Castañeda-López said she supports the intention of the proposal. But she has concerns/questions about the opinions of the Law Department. She commended Council President Jones for her work on this and effort to push it forward.
Castañeda-López motioned to refer the matter to LPD for an analysis or report on the legal risk assumed with the ordinance. This was approved without objection
Councilmember Tate was in favor of bringing this back in a week. He said if thereâs no intentional work done on the matter, heâll know how heâs voting on it.
There was a motion to postpone the vote on Jonesâ resolution/ordinance for one week and it passed unanimously.
đđŒmoving forward! The remaining matters were referred to Standing Committees:
âą 4 to Budget, Finance and Audit
âą 5 to Internal Operations
âą 4 to Neighborhood and Community Services
âą 10 to Planning and Economic Development
âą 30 to Public Health and Safety
âą 4 to Budget, Finance and Audit
âą 5 to Internal Operations
âą 4 to Neighborhood and Community Services
âą 10 to Planning and Economic Development
âą 30 to Public Health and Safety
Ayers said she had a walk on item and itâs a resolution opposing the Michigan House bill that will prevent municipalities from regulating short-term rentals in their jurisdiction
Ayers said she that legislators in Lansing donât have a right to make provisions that impact citizens that live in Detroit. The resolution reflects that.
Ayers also pointed out the $10 million that would be provided to Detroit for home repairs and said the impact it would have is not greater than the implications of the actual policy. Benson said he stands with Ayers.
The resolution was approved and will be in the name of City Council as a whole.
There are no additional items on the agenda for today. The meeting was ADJOURNED at 4:37pm đđŒ