Resolution to require Corporation Counsel and Detroit City Council Members to Proceed with forfeiture procedures for Detroit

City Mayor- DaveBing, Deputy Mayor- Kirk Lewis, Chief Operations Officer- Chris Brown, Council President -Charles Pugh, Council Pro Tempore -Gary Brown, Council Member -Saunteel Jenkins, Council Member -Kenneth Cockrel, Jr., and Council Member - James Tate Whereas, On May 11, 2012, Chief Corporation Counsel for the City of Detroit- Krystal A. Crittendon, communicated in writing to Mayor Dave Bing, the Detroit City Council, and Governor Rick Snyder; that the Financial Stability Agreement violates Section 7.5-209 of the 2012 Detroit City Charter. The Charter states the following: (Sec. 7.5-209. Enforcement of Charter) The Corporation Counsel shall be responsible for enforcing compliance with the Charter .

Corporation Counsel shall document in writing any violation of the Charter by the executive or legislative branches, Office of City Clerk, elected official or other persons subject to compliance with the Charter. This written notice shall contain the nature of the violation, including the Charter section(s) violated, direct the necessary action to be taken to remedy the violation, and date by which the remedial action must be taken. The time for taking the required remedial action shall not exceed fourteen (14) calendar days. The notice of Charter violation shall be presented to the offending body or individual, with a copy provided to the Mayor, City Council and City Clerk . In
the event the offending body or individual fails to remedy the Charter violation within the time frame and manner required in the written notice, Corporation Counsel shall take all reasonable actions to secure compliance, including, but not limited to, judicial action; and,
Whereas,

Corporation Counsel for the City of Detroit, Krystal A. Crittendon was prevented from fulfilling her Charter mandated responsibilities by Mayor Dave Bing & his appointees to prepare or approve all contracts according to Section 7.5-206 of the 2012 Detroit City Charter; which states the following: (Sec. 7.5-206. Form of Documents) The Corporation Counsel shall prepare or approve all contracts, bonds and other written instruments in which the city is concerned, shall approve all surety bonds required to be given for the protection of the City, and shall keep a proper registry of all contracts, bonds and instruments. The Corporation Counsel for the City of Detroit was left out and ostracized from all meetings and negotiations regarding the Financial Stability Agreement and the bond agreement with the Michigan Financial Authority. This has caused financial, institutional and structural harm to City of Detroit, its Citizens, Employees and its assets; and, City of Detroit Mayor- Dave Bing, Deputy Mayor- Kirk Lewis, Chief Operations Officer- Chris Brown, Council President -Charles Pugh, Council

Whereas,

Pro Tempore -Gary Brown, Council Member -Saunteel Jenkins, Council Member -Kenneth Cockrel, Jr., and Council Member - James Tate have violated the 2012 Detroit City Charter, Section 2-113 and have been derelict in their duties according to (Sec. 2-113. Prohibition Against Entering Into Contracts or Giving Position to Those in Default) The City of Detroit, through its executive branch departments and legislative branch agencies, is prohibited from making a contract with, or giving an official position to, one who is in default to the City and, is in violation of the Home Rule City Act, MCL 117.5(f). Whereas, In accordance with the 2012 Detroit City Charter, that clearly instructs the City of Detroit Corporation Counsel Krystal A. Crittendon and Detroit City Council Members: Brenda Jones, Kwame Kenyatta, JoAnn Watson and Andre Spivey to take actions against any and all elected and appointed public servants that have violated the city charter. In Section 2-107(B)(1) and (B)(2) of the City Charter the following is instructed to the City Council:(Sec. 2-107)(B) (1)(c),(d) and (f)Dismissal Proceedings)B. Forfeiture of Office Held by Elective City Officers. 1. Grounds for Mandatory Forfeiture. The office of an elective city officer shall be forfeited for the following: ; c. Engages in official misconduct; d. Willful or gross neglect of duty; or f. Any other misfeasance or malfeasance; and, (Sec. 2-107) (B) (2) (a) (b) (c) and (d). Grounds for Permissive Forfeiture. The City Council may determine that the office of an elective city officer should be forfeited where the officer: . a. Based on a recommendation of the Board of Ethics to the City Council, is determined by a three-fourths (3/4) vote of City Council members serving to have violated the Ethics Ordinance or ethics provisions of this Charter; b. Refuses to cooperate in an investigation of the Inspector General, Board of Ethics or Ombudsperson; c. Neglects or refuses to comply with the provisions of this Charter after being provided an opportunity to comply pursuant to section 7.5-209 (Enforcement of Charter); or d. Violates any provision of this Charter punishable by forfeiture. The Charter explicitly details not only the violations, but the procedural steps; as well, and they are sited in Section 2-107(B) (3) Procedure. Where the City Council determines that forfeiture under subsections (B)(1) or (B)(2) of this section, or both, is proper, the officer shall be charged through adoption of a resolution, which provides the factual basis for each charge, by a two-thirds (2/3) vote of members serving. Upon adoption of the resolution, the City Clerk shall forward a certified copy of the resolution to the officer by registered mail. NOW THEREFORE BE IT

RESOLVED That City of Detroit Corporation Counsel shall enforce compliance with the 2012 Detroit City Charter Section 7.5-209 and take all reasonable actions to secure compliance including but not limited to judicial action against Mayor Dave Bing, the chief executive of the City. Mayor Bing has violated 2012 City of Detroit Charter as per Section 7.5-209 and the HOME RULE ACT MCL 117.5(f) by negotiating and signing an illegal contract, the Financial Stability Agreement. He also prevented Corporation Counsel from performing her Charter mandated duties to prepare or approve all contracts according to (Section 7.5- 206). Mayor Dave Bing as provided by [the] Charter has control of and is accountable for the executive branch of City government. The Mayor is also directly accountable to the citizens of the City of Detroit (Section 5-101) and has failed to fulfill his elected position and has been derelict in his duties; and BE IT FURTHER

RESOLVED That Corporation Counsel shall enforce compliance with the 2012 Detroit City Charter, Section 7.5-209 and take all reasonable actions to secure compliance including but not limited to judicial action against Mayor Bing Appointee, Deputy Mayor- Kirk Lewis. While acting as the City of Detroit Interim Mayor, Kirk Lewis violated the 2012 City of Detroit Charter and HOME RULE ACT MCL 117.5(f) by negotiating and signing an illegal contract known as the Financial Stability Agreement. Deputy Mayor Lewis also prevented Corporation Counsel from performing her Charter mandated duties to prepare or approve all contracts according to (Section 7.5- 206); and BE IT FURTHER RESOLVED That the Corporation Counsel shall enforce the compliance with the 2012 Detroit City Charter Section 7.5-209 and take all reasonable actions to secure compliance including, but not limited to judicial action against Mayor Bing Appointee, Chris Brown - Chief Operations Officer. Chris Brown willfully and knowingly violated the 2012 Charter and HOME RULE ACT MCL 117.5(f) by negotiating an illegal contract (i.e., Financial Stability Agreement) and soliciting the legal opinion of the law firm Miller Canfield; whose representative (Mike McGee) had engineered Public 4, orchestrated the bond agreement, and collaborated with the State of Michigan to advise City of Detroit elected officials and an appointee to sign the illegal Financial Stability Agreement on April 4, 2012; and BE IT FINALLY RESOLVED That the City of Detroit Corporation Counsel- Krystal A. Crittendon along with Detroit City Council Members Brenda Jones, Kwame Kenyatta, JoAnn Watson and Andre Spivey shall take immediate action within their appointed and elected duties, oaths and responsibilities under the 2012 Detroit City Charter, to enforce and proceed with the Forfeiture Procedure based on Section 2-107(B)(3) to remove Council President -Charles Pugh, Council Pro Tempore -Gary Brown, Council Member -Saunteel Jenkins, Council Member -Kenneth Cockrel, Jr., and Council Member - James Tate, according to Section 2-107 (B) (1) (c), (d), (f) and Section 2-107 (B) (2) (c)and (d).

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