Showing posts sorted by relevance for query ellen ha. Sort by date Show all posts
Showing posts sorted by relevance for query ellen ha. Sort by date Show all posts

Saturday, April 27, 2019

Cocktails & Popcorn: Ha Forgot About The Detroit Bankruptcy Complaints

I remember now.

The City Charter Commission.

I wanted the Inspector General to have powers of subpoena.

Only the Ombudsman has powers of subpoena.

Anyway, if I am incorrect, in any such way, please, feel free to correct me, but if I remember correctly......

Make the Date

I wonder how come she did not respond to complaints filed on the fraudulent activities of the Detroit Land Bank Authority?

Hmmmm....

I seem to recall someone who lodged lots of complaints.....

Secret recording reveals personal relationship not focus of probe into Duggan

Ellen Ha
Ellen Ha
Detroit Inspector General
Detroit — A businessman who has taken aim at Mike Duggan with airplane banners and video footage is now turning his attention to an independent investigation into whether the mayor gave favor to a nonprofit.

Robert Carmack, who is facing felony charges over a city land dispute, is calling the probe a "sham" based on statements the head of the investigative agency made during a secretly recorded meeting this month.

"They ain't going to do an investigation," Carmack said, "... and we're just going to give him a pass or rubber stamp that nothing is illegal."
Carmack had an associate secretly record the April 18 meeting with Detroit Inspector General Ellen Ha and her deputy, Kamau Marable, telling Ha he wants her to "inspect the mayor's office for corruption," according to a copy of the footage obtained Friday by The Detroit News.

During the more than 26-minute exchange, Ha specified the review would center around the nonprofit Make Your Date, which is dedicated to preventing premature births, not any relationship between Duggan and the woman who runs the program, Dr. Sonia Hassan.

"We are doing an investigation of Mayor Mike Duggan and his involvement with Make your Date," Ha told Carmack. "That is what we are investigating, whether or not the mayor gave Make Your Date a preferential treatment.

"We are not investigating whether or not what relationship ... that has nothing to do with anything in terms of where our office is concerned."

Marable interjected: "The issue of why preferential treatment would be given is not our issue, it's if preferential treatment is given ... it doesn't matter. What you can't do is give preferential treatment to organizations in government. That's our focus."

Ha's office launched the review on April 5 to determine whether Duggan and city officials potentially "abused their authority" by providing preferential treatment to the program run by Wayne State University.

The investigation came after the Detroit Free Press reported that the program received $358,000 in city grants and benefited from a fundraising campaign that a city official led at the mayor’s request.
Duggan has said the city never directed any dollars toward a nonprofit. The partnership, he said, was with the university directly.

Duggan's relationship to Hassan has been publicly questioned in recent months.

Carmack, who hired a private investigator last summer to trail the mayor and capture his comings and goings including visits to a Novi condo, asked Ha during the April 18 meeting whether the review would examine the mayor's relationship to a woman also captured in the video footage at the same location.

Ha declined to address further questions from Carmack about whether leaving the relationship out of the equation was a problematic approach, saying "we're investigating" and "we can't really share."
Carmack on Friday said he has no confidence in the scope of Ha's review, experience or investigative skills.

In response, Marable told The News that Ha's "background speaks for itself." He and Ha merely reiterated to Carmack during the meeting, he said, what had already been publicly disclosed.
"We stated in our initial press release what the focus of investigation would be and nothing that was said in the secretly recorded meeting was contrary to that," he said.

Ha was appointed to her six-year term as Detroit’s second inspector general last summer by Detroit’s City Council.

The independent agency was set up under the 2012 charter to ensure honesty and integrity in city government and investigating allegations of waste, abuse, fraud and corruption.

A native of South Korea, Ha immigrated to Detroit in 1975, according to a bio from the city included along with news of Ha's appointment.

Ha, who has a degree in political science from the University of Michigan and a doctorate from the University of Detroit School of Law, began her legal career in the city’s Law Department during Coleman Young’s administration

She later worked in a private law practice, on the city’s Human Rights Commission under an appointment by Mayor Dennis Archer and spent time as a federal prosecutor with the U.S. Equal Employment Opportunity Commission in Detroit.

Ha returned to the city’s law department in 2001 as a supervisor of the office’s then newly-created FOIA section, during Archer’s second term. She remained in that role until 2014, when she was promoted to the department's chief of staff.

Duggan, in a statement released after Ha's inspector general appointment, called her a “thoughtful, fair and extremely hardworking lawyer” and said her “ethics and integrity” were perfect for the position.

The mayor has vowed "100 percent" cooperation in the investigation and that the assertions of preferential treatment are "completely false."


Voting is beautiful, be beautiful ~ vote.©

Monday, October 21, 2019

Mike Duggan & His Women Do Not Want To Say Detroit Land Bank Authority Constitutionally Gerrymanders Michigan

For those of you just now joining us, in this celebration of gerrymandering that SCOTUS just said was constitutional, allow me to bring everyone up to speed on when it comes to stealin' the children, land and votes.

Here we have Mike Duggan, his lover, Sonia Hassan, his Chief of Staff, Alexis Wiley, his IG, Ellen Ha, and Hillary Clinton, all of whom really, really do not want to say Detroit Land Bank Authority, so I will.

If you do not live there, you cannot vote there, and if you cannot vote there, you cannot complain when your generations die in your womb or are snatched under that salvific mission of saving the tiny savages from child abuse and neglect.

That is what I call a Constitutional Crisis because we are now dealing with the mortality of history, or rather the wiping out of the next generation of voters in Detroit through infant mortality, and they are profiting from it.



Duggan administration admonished for preferential treatment of Make Your Date program

Detroit Office of the Inspector General finds Make Your Date program received preferential treatment from Mayor Duggan, but no abuse of power.
Detroit Mayor Mike Duggan provided preferential treatment to a prenatal health program run by a woman with close ties to him, and his chief of staff later ordered emails related to the program deleted, an explosive Detroit Inspector General report released Monday morning found.

Alexis Wiley, Duggan’s chief of staff, abused her authority by twice ordering city staff to delete their emails related to the program, known as Make Your Date, as the mayor’s ties came under scrutiny by the Free Press and others late last year. The revelation that Wiley was behind more than 200 pages of mysteriously deleted emails was one of multiple instances of misconduct cited in the report.

After reviewing more than 400,000 pages of documents and interviewing several city officials, Detroit Inspector General Ellen Ha concluded Make Your Date received preferential treatment from Duggan because he picked the program to lead the city’s fight against infant mortality without a competitive selection process.

“Based on the evidence gathered, the OIG concludes that the selection of MYD lacked fairness, openness and transparency,” Ha wrote.

The inspector general launched its investigation into Make Your Date in April following a Free Press report about Duggan’s relationship with Make Your Date and its director, Dr. Sonia Hassan. Duggan worked with Wayne State University officials to create the program, handpicked Hassan to lead the initiative and ordered city staff to raise money for Make Your Date. The city also directed more than $358,000 in federal grants to the program.

Ha’s report confirmed details in numerous Free Press’ investigative reports and included new information about additional city resources provided to Make Your Date. General fund money was earmarked for Lyft rides for Make Your Date participants and the city’s health department was expected to perform an inordinate amount of work for the program. Workers in the department felt pressured by the mayor’s office to recruit women to Make Your Date, the OIG found.

If there was ever a problem with the health department, Make Your Date “would go directly to the mayor’s office and the mayor would call the DHD Director who would, in turn, scold the DHD staff regardless of fault,” one health department worker told the inspector general.

Eli Savit, who serves as Duggan’s chief legal counsel in the law department, disputed the inspector general’s findings, indicating they are not supported by facts or applicable legal standards.

“The draft findings, moreover, threaten to impose severe, unwarranted damage to the reputation of several public servants — and further threaten to stymie effective governance in the City of Detroit,” Savit wrote in his 32-page response.

Savit’s response was also on behalf of Wiley and two others involved in deleting emails. Savit requested that the inspector general reverse her findings, but Ha maintained her position and said she hopes the mayor reconsiders.

While generally dismissive of the inspector general's report, the mayor will be consulting with the city's human resources director, Denise Starr, about the discipline suggested in the report.

The inspector general interviewed Duggan but did not investigate the nature of his relationship with Hassan. The city's ordinance prohibiting officials from making decisions for financial gain only requires them to disclose personal relationships such as those with a spouse or domestic partner. The inspector general determined Duggan's relationship with Hassan was irrelevant to the investigation.

Abuse of authority

In assessing her findings, Ha determined that Wiley’s orders to delete city emails about Make Your Date were “more egregious” than the preferential treatment shown to Make Your Date.

“The deletion of emails only serves to undermine the public’s trust in an open and transparent government,” Ha’s report reads. “The very fact they were ordered to be deleted alone casts a shadow over transparency.”

Wiley’s actions were an abuse of authority and she should be disciplined, the inspector general concluded.

"When a public official, especially somebody from very high up, when that person orders his or her subordinates to delete certain emails, we believe that's contrary to open government," Ha said in an interview with the Free Press.

"She (Wiley) did have an intention to make those emails disappear, which we find egregious because the whole point of open government is so that people see what went on. And to have those records disappear is just not only a violation of spirit of openness but quite frankly it really puts a shadow over the government that's supposed to be transparent."

The report paints a troubling portrait of Wiley, the former Fox 2 reporter who became Duggan’s chief of staff shortly after he took office in 2014.

Known as a fierce Duggan loyalist, Wiley acted swiftly to conceal information about the city’s ties to Make Your Date just as Duggan’s relationship with Hassan was coming into public view late last year.

City employees who carried out Wiley’s orders – Chief Development Officer Ryan Friedrichs and his deputy, Sirene Abou-Chakra – also abused their authority and should be disciplined, the inspector general wrote.

It is illegal in Michigan to destroy public records, but the inspector general’s report did not determine whether Wiley or any other staffers involved in deleting the emails broke any laws. That could be determined by Michigan Attorney General Dana Nessel’s public integrity unit, which also is investigating the matter.

Savit, the mayor’s attorney, defended Wiley’s actions as an “error in judgement” that doesn’t rise to the severity of an abuse of authority. The order was only given “to protect junior staffers from unsavory media attention” and it would be unfair to suggest it was a cover-up, Savit wrote in his response to the report.

Preferential treatment

Duggan told the inspector general in an August 20 interview that his support of Make Your Date wasn’t atypical and that he's had the same level of involvement with other city initiatives.
But unlike other initiatives, Make Your Date was created at Duggan's direction, the inspector general noted, “whereas most, if not all, of the city’s other partners were already established with a proven track record.”

“The OIG investigation revealed that MYD received an inordinate amount of city time and resources, considering the fundraising goals and scope of work when compared against other projects of similar size and scope,” Ha's report noted.

Questions about Hassan’s relationship with Duggan were first raised after she was spotted last year arriving after hours at the same suburban residence as Duggan in an edited surveillance video captured by a private investigator hired by Detroit businessman Robert Carmack.

The inspector general's report summarizes the very beginnings of the Make Your Date program.
Duggan’s professional relationship with Hassan goes back at least to the beginning of his administration, when Make Your Date was born out of the mayor’s 2013 transition team shortly after he was elected.

He asked Hassan to co-chair his health care transition committee and she presented a plan to address the city’s infant mortality, which led to the creation of her program.


Months later, Make Your Date became the city’s official partner to fight preterm birth and infant mortality on Feb. 27, 2014 when the mayor announced the program during his first State of the City address.

Duggan was a key speaker at Make Your Date’s initial news conference, touting the organization’s role in his ambitious mission to fight preterm birth.

The program began enrolling pregnant women on May 15, 2014.

In 2015, the City of Detroit began sending to Make Your Date a portion of its state allocation of money for maternal and child health programs. The state, Wayne State and the city’s grant administrator — the Southeastern Michigan Health Association — all approved the city’s grant contributions to Make Your Date.

Make Your Date used the city grants for many purposes — nurses’ labor costs, office supplies, computer equipment and advertising were among the expenses, records show.

Ha said there is also no evidence Make Your Date misused funds or that it is not the best partner to combat infant mortality.

The city’s third and final grant to Make Your Date, for $100,000, was finalized in May 2017 and expired on Sept. 30, 2017.

The inspector general found it problematic that no other previously established nonprofits and programs were considered by the mayor to lead the fight against infant mortality.

Duggan told the OIG that his experience as CEO of the Detroit Medical Center helped him become familiar with preterm birth rates as well as the National Institutes of Health Perinatology Research Branch, where Hassan served as the project site manager.

So he unilaterally selected Make Your Date to partner with the city.

But because city time, resources and funding were used for Hassan’s program, “other nonprofits should have been considered to effectuate the mayor’s initiative,” Ha wrote, adding that a formal and competitive process should have taken place.

“While the mayor was able to articulate his position in selecting MYD, because it appears no other agencies were considered to ensure that the best possible selection was made in his initiative to combat infant mortality, in the eyes of the public, MYD had unfair advantage over other organizations,” the OIG determined.

Although the city lacks a defined procedure or policy that directly addresses the selection of nonprofit partners for mayoral priorities or other city initiatives, it does have established procedures for when City of Detroit general funds and grant funds are being used to pay for services under the Office of Contracting and Procurement.

The inspector general states that those policies and procedures should be made applicable to Make Your Date and other organizations or nonprofits that receive grants from the city.

“The City of Detroit must competitively bid all new contracts to the greatest extent possible,” the report stated.

But despite the findings the OIG said it recognizes and applauds Duggan and the city's efforts to reduce infant mortality, as well as the "significant contributions made by MYD."

"It is entirely appropriate that city time and resources be allocated to this goal," Ha wrote. "However, there must be a process by which any agency, nonprofit, or other organization is selected to receive these resources.

Make Your Date was launched with help from major health organizations in the area, including St. John Providence Health System, Henry Ford Health System and the Detroit Medical Center, which Duggan ran as CEO until he resigned in 2012 to run for mayor.

Some of those health groups also gave Make Your Date significant financial help early on.


Many contributions were made through its celebration galas, where Duggan served as honorary chairman for three straight years, from 2015 to 2017.

Photos from one gala posted on its website show Hassan and Duggan sitting at a table together and posing for a photo with comedian Louie Anderson, the headlining entertainment act.

All references to the Make Your Date galas and events, including photos of Duggan, have since been removed from its website.

Problems arise

Duggan announced a partnership between Make Your Date and SisterFriends in August 2017, with the goal of the two programs being separate but complementary. SisterFriends is a city program to reduce infant mortality by connecting pregnant women with a social support network.

The partnership was expected to be seamless but problems quickly arose, according to interviews with former and current employees and emails obtained during the course of the inspector general investigation.

Yolanda Hill-Ashford, a former SisterFriends manager, said Make Your Date was unusual because of Duggan’s level of involvement.  She said the partnership felt forced because it was “what the mayor wanted.”

Hill-Ashford said she believed Make Your Date “absolutely, absolutely, absolutely” received preferential treatment in terms of mayoral support and “it was highlighted, it was the preferred program.”

But problems began even prior to the partnership, according to the report, when the health department attempted to award Make Your Date its first round of funding in 2015 and continued through subsequent rounds of funding.

Contract negotiations took several months and an excess amount of time and effort from several health department employees who had trouble getting information about the program’s outcomes, according to an email written in May 2015 by Chelsea Harmell, former SEMHA/Detroit Health Department Maternal Child Health Program Manager.

“Negotiations have stalled over several budget line items (initially nearly half of the budget was dedicated to advertising), changing program staff, Dr. Hassan’s lack of availability to meet over the phone or in person for months on end and continued confusion … about whether the MYD program activities are serving the population at large or acting as clinical research,” Harmell wrote.

Health department staffers had difficulties obtaining Make Your Date’s budget and justification for its disbursement of funds.

Meeting minutes from a March 2017 SisterFriend’s strategic planning meeting revealed that the health department had a “tumultuous relationship” with Make Your Date.

Hill-Ashford said in an Aug. 7 interview with the inspector general that getting information from Make Your Date leadership and staff was like “pulling teeth.”

“They don’t do things really in the spirit of partnership,” Hill-Ashford said.

Hill-Ashford initially expressed her frustrations soon after Duggan directed the partnership and she told the inspector general’s office that after the third or fourth meeting with the mayor’s office, “it started to feel more like a takeover” instead of just a partnership.

She said that instead of a collaboration, SisterFriends was tasked with recruiting women for Make Your Date and it became the focus of their meetings.

The inspector general said Hill-Ashford’s assertion was supported by an email sent by Hassan in Sept. 2017. Hassan wanted to temporarily hold off on sending Make Your Date patients to SisterFriends and instead focus on SisterFriends recruiting patients jointly to both organizations.
“This statement is troubling because the stated goal of both programs is to reduce infant mortality,” the inspector general wrote. “The focus should be on making sure expectant mothers are receiving all assistance available to them as opposed to bolstering MYD’s enrollment numbers.”

David Yeh, the Detroit health department’s director of special projects, also noted tensions between SisterFriends and Make Your Date. Yeh questioned why the program was so closely integrated with the city and that he believed it received preferential treatment.

“(MYD) became, in my view, more active and wanting to be closely involved after DHD got the $2 million grant from the Ralph Wilson Foundation in early 2017,” Yeh said. Make Your Date "thought that they should be getting the funds rather than DHD because they were the high-profile, evidence based, going-to-change-infant-mortality-for-the-city program.”

The inspector general found that the city also allocated general fund dollars to help pay for Lyft rides for both Make Your Date and SisterFriends participants in early 2017. The allocation came after the mayor made transportation funding a priority for pregnant women enrolled in either program. The funds, totaling more than $127,000 between August 2017 and April 2019, were paid directly through the health department.

'Let the circus settle'

Wiley’s initial order to delete emails came in December, not long after surveillance footage of Duggan and Hassan was shown outside city hall during rush hour on a giant video monitor affixed to a truck.

The public spectacle, commissioned by Carmack, triggered widespread speculation about the mayor’s relationship with Hassan and prompted the Free Press to launch an investigation into the city’s support of Hassan’s program, Make Your Date.

In late November, the Free Press sent a public records request to the city for contracts and other documents regarding Make Your Date and Hassan.

Wiley gave her first directive to delete city emails concerning Make Your Date sometime in December, according to the inspector general’s report.

Friedrichs, who oversees the city’s Office of Grants and Development, said in an interview with the inspector general’s office that Wiley called and told him to have two of his staffers delete their emails pertaining the city’s outreach for Make Your Date. Wiley also wanted the staffers to stop contacting Make Your Date.

“Ms. Wiley justified her direction to Mr. Friedrichs by stating that she did not want to ‘pull the grants department into all of this,’” according to the report.

Wiley’s order went down the chain of command. Friedrichs told About-Chakra to pass along the message to the two staffers involved in raising money for Make Your Date, Monique Phillips and Claire Huttenlocher.

Phillips got the message and deleted her emails. But first she made sure to forward some of them to her personal email to maintain a record, Phillips told the inspector general’s office.

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The message, however, didn’t reach Huttenlocher and she continued interacting with Make Your Date about fundraising.

Wiley eventually found out her order wasn’t completely followed when a Make Your Date representative told her about Huttenlocher’s ongoing emails. Wiley again called Friedrichs.

“Staff were given a second directive to stop contacting MYD and to delete all MYD related emails,” according to the report. Friedrichs “also noted that, at that time, a ‘full stop’ occurred to ‘let the circus settle.’”

Wiley never admitted to giving the orders during her interview with the inspector general’s office in August. She claimed she didn’t recall giving the instructions. But the inspector general’s office was not convinced. Statements from Friedrichs, Abou-Chakra, Phillips and Huttenlocher “are consistent in that the order to delete the emails came from Ms. Wiley,” according to the report.


The inspector general found no evidence that Duggan was involved in or knew about the orders to delete emails.

City officials took steps to recover the deleted emails in May after an employee being dismissed from her job spoke out. The city’s Chief Financial Officer, Dave Massaron, was involved in recovering the emails and provided 59 messages to the inspector general’s office, which later recovered another 26 additional emails. Due to the city’s retention period for deleted emails, “it is impossible to definitively say that all deleted MYD emails have been recovered,” the report concluded.

The report also criticized the use of personal email accounts by Duggan and Wiley. Messages from their personal accounts were handed over to the inspector general in response to a document request.
“Mayor Duggan told the OIG that he performs city business on his personal email…Ms. Wiley told the OIG that she uses her personal emails account to conduct city business and is under the impression that is not an issue,” the report reads.

The inspector general called the practice “extremely problematic.” If emails from a personal account are requested under public records laws, for example, Duggan or Wiley would be responsible for producing the messages, rather than the city’s IT department.


The inspector general recommended that the city establish a policy preventing public servants from conducting city business on personal email accounts.


Voting is beautiful, be beautiful ~ vote.©

Wednesday, November 13, 2019

The Detroit Email Tree Is Not Poisonous When Ending Stealin' Children, Land & Votes

I am pretty sure there shall not be any "fruit of the poisonous tree" going on with the emails.

Those emails contain more than just the Make Your Date activities because no one wants to talk about the Detroit Land Bank Authority....or funding campaigns....or doling out properties to campaign supporters....or the election....or the bitcoin....or SIGTARP....or the trust funds....or me.

Just ask Larry Garcia.

Send him my love.

Emails of Duggan, five aides target of AG's search warrant

Detroit Mayor Mike DugganDetroit — The Michigan Attorney General's investigation into deleted emails involving a controversial nonprofit is focused on the email accounts of Detroit Mayor Mike Duggan and five aides, according to a copy of a search warrant.

The two-page search warrant document, obtained under a Freedom of Information Act request filed by activist Robert Davis and provided to The Detroit News, was released by the city on Tuesday. The city confirmed the search warrant was released under Davis' request.

The warrant was executed Friday on the City of Detroit's information technology department as part of a probe into city employees deleting emails involving Make Your Date, a nonprofit championed by Duggan that addresses premature birth.

The City of Detroit's Innovation and Technology Department was the focus of the search, which sought any and all electronic records and attachments for city email accounts belonging to Duggan, his chief of staff Alexis Wiley, Chief Development Officer Ryan Friedrichs, the husband of Michigan Secretary of State Jocelyn Benson, and Deputy Chief Development Officer Sirene Abou-Chakra as well as two other lower-level grants staffers, Monique Phillips and Claire Huttenlocher.

The attorney general sought communications between Jan. 1, 2014, and Nov. 7, 2019, according to the search warrant.

Detroit Corporation Counsel Lawrence Garcia had said Friday the city was "fully cooperating" with the attorney general's investigation. In a provided statement Tuesday, Garcia said the attorney general's office "is doing its job."

"We were already prepared to provide emails related to Make Your Date as they already had been pulled for the OIG investigation. Those emails have been online for the public to read for several months," he said. "We continue to cooperate fully with the AG’s staff, and we hope their work is completed soon."


The targeting of Duggan's emails comes after questions were raised about what the mayor knew about the deletion of emails involving Make Your Date.

The mayor has said he wasn't aware nor did he direct staff to delete the emails but later learned that the deletion decision came amid scrutiny that he contends was fueled by criticism from Detroit businessman Robert Carmack.

The auto shop owner had aired private investigator footage on a billboard truck outside City Hall of the mayor's comings and goings. The direction to delete emails, he said, was a "mistake" that was made "to protect two junior staff people" from being dragged into any scrutiny by Carmack.

The city's Office of Inspector General concluded last month in a report that Duggan's treatment of Make Your Date has been preferential but noted the mayor had not abused his power.

Make Your Date, the report said, received a total of $358,368 in grant funds from the Detroit Health Department.

According to Inspector General Ellen Ha's report, the two grants staff members, Phillips and Huttenlocher, were instructed to delete emails regarding Make Your Date "in an attempt to hide the amount of work done by the department to secure grant funding." The program is headed by Dr. Sonia Hassan, who has been linked to Duggan.

Ha concluded that Wiley abused her authority by ordering the workers in the city's grants office to delete emails pertaining to the program through Friedrichs and Abou-Chakra.

The report also indicated "there is no evidence to suggest that Mayor Duggan directed or knew about Ms. Wiley’s order to Mr. Friedrichs for his staff to delete MYD emails."

Kelly Rossman-McKinney, a spokeswoman for Attorney General Dana Nessel, confirmed Friday that the search warrant had been in response to the deleted emails. But Rossman-McKinney declined to comment Tuesday on the city's release of the search warrant.

The warrant, approved Thursday in Ferndale's 43rd District Court, also asks for any backup or archived files and emails from past email services used by the city.

"The search shall include the recovery of data from any and all computers and servers off site, across the network, or cloud-based storage solutions under the control of the City of Detroit," it reads.

Michigan state law bars government employees from destroying public records outside of set schedules. The Attorney General's Office and the Michigan State Police had previously been investigating actions involving the Make Your Date.

Meanwhile, Duggan and Garcia have said Ha's review found no city rules or policies were broken by the mayoral aides who directed that the emails be deleted. But Ha has noted her review didn't take into account whether city procedures and state law were violated.

That is being investigated by the Public Integrity Unit of the state Attorney General's Office, she said.

Duggan has said Wiley, Friedrichs and Abou-Chakra would undergo document management training in the wake of Ha's investigation.

In the aftermath of the inspector general's report, Detroit City Council President Brenda Jones called for an ordinance to prevent the deletion of city governmental emails and a five-year retention policy.

When questioned about whether document training is enough of a penalty for his chief of staff and two other aides, Duggan has said there’s been no finding as of now that Wiley — a former WJBK-TV reporter — broke any rules or policies.

“If that changes, I’ll deal with that,” he said, adding the deleted emails were “completely innocuous.”

Voting is beautiful, be beautiful ~ vote.©

Monday, September 30, 2019

No FOIA For Duggan Investigation, But There Is A Video

If you record the meetings, you can use their own words against them.

Sometimes, wearing a wire is just another way of preserving the historic record since people in positions of authority seem to have issues recently about bearing false witness in the historic record.

Just ask Mike Duggan about that.

The City could email the documents, but that would not be conducive when it comes to covering up child welfare fraud.

Besides, if this has to do with child welfare, those records are sealed.

Thank you, Tony, for the lovely video with the time stamp.

Nice touch.

City puts $222K price tag on Duggan investigation records; flouts state law


Secret video: Carmack secretly records Duggan probe interview
Robert Carmack recorded his meeting with Detroit's inspector general because, he says, he doesn't trust the probe of the mayor will be impartial.

The Detroit inspector general's investigation into Mayor Mike Duggan is in its final stages. The Free Press is seeking records of the probe.

Mayor Duggan's ties to Sonia Hassan include Make Your Date program
An email obtained in a Free Press investigation shows mayor ordered special attention for a nonprofit run by Dr. Sonia Hassan, with whom he's linked.

Anearly six-month investigation into whether Mayor Mike Duggan gave preferential treatment to a local maternal health program is in its final stages and involves more than 400,000 pages of documents, the Free Press has learned.

The Free Press sought the Detroit Office of Inspector General’s investigative records — emails, text messages, financial reports and other documents it has collected as well as newly created reports — through a public records request last month, but the city’s law department said the newspaper would have to foot a bill estimated at $222,667 to obtain them.

Even if the Free Press pays the six-figure invoice, the city plans to fight releasing documents that the inspector general’s office has collected. The investigation involves Duggan and Make Your Date, the maternal health program run by Sonia Hassan, a woman with close ties to the mayor. Duggan initiated the nonprofit program; recommended Hassan to lead it, and ordered high-ranking city officials to help with fundraising. Make Your Date received more than $358,000 in federal grant money through the city.

The Office of Inspector General (OIG) wants to keep the records secret while the investigation is ongoing so they are not used to “mislead the public.”

“Based on information provided by the OIG … release of the requested information and/or record at this time would: 1) paint a biased picture without any context; 2) unfairly prejudice innocent employees and individuals who are identified in the records; and 3) be taken out of context to sensationalize certain aspects of the records and mislead the public,” reads a Sept. 10 letter to the Free Press from the Detroit law department in response to the newspaper’s records request on Aug. 20.

The letter notes that 400,000 pages of records have been gathered and concedes that the state’s public records law may not justify withholding the records. “While specific exemptions under Michigan FOIA may not apply to the records compiled by the OIG, it is our understanding that the OIG will defend its position if necessary,” a footnote in the letter reads.

The city’s letter responding to the Free Press request sheds new light on the high-profile investigation and underscores the complicated relationship between the city’s administration and Inspector General Ellen Ha.

More: Mayor Mike Duggan set her up to succeed. That raises questions.

More: City fundraising office deleted emails about nonprofit tied to Detroit Mayor Mike Duggan

The OIG is supposed to be the city’s independent watchdog, but staff there collaborated with the city’s law department to object to releasing the records to the Free Press. Ha previously worked in the city’s law department, raising concerns about her objectivity.

Deputy Inspector General Kamau Marable said Friday that the office's objections are not specific to the investigation involving Duggan and Make Your Date.

"We are not opposing the (FOIA) request perpetually," Marable said. "Our concern is the information being released while an investigation is ongoing and that's every investigation — high-profile or not. Every investigation we feel that way and will take that stance."

The investigation encompasses whether the city and Duggan provided Make Your Date with any preferential treatment. The probe expanded in July after the Free Press revealed that city workers deleted emails related to Make Your Date and Hassan, while the newspaper prepared its first report on the mayor’s relationship with the program and Hassan.

The inspector general’s office said it would investigate the circumstances surrounding the deleted emails as part of its overall investigation into Make Your Date.

Duggan and Dave Massaron, the city’s chief financial officer, learned about the deleted emails in May.

During an unrelated meeting with Free Press editors and reporters Thursday, Massaron would not comment on whether the inspector general has interviewed him or how he found out about the deleted emails.

“We have been asked by the Office of the Inspector General not to comment until she completes the investigation. So I can’t,” Massaron said.

When asked whether he has ever known any city officials to delete emails to avoid public disclosure, Massaron also cited the inspector general’s instructions to remain quiet. When pressed, he said, “I’m unaware of anybody deleting emails to avoid discussion, disclosure.”

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Michigan Attorney General Dana Nessel also has instructed her criminal division to look into the deleted emails after the issue was brought to her personal attention.

Although the OIG investigation is in its final stages, it could be a while before a final report is issued because any person or agency criticized in the preliminary report has the right to a closed-door appeal hearing, according to the inspector general's administrative rules. The appeals process could take several weeks.

The inspector general’s office would not provide any details about the investigation, only characterizing it as ongoing.

The office confirmed that it raised concerns with the law department about the Free Press’ FOIA request.

“Unless required to do so, we do not discuss or share any information we’ve collected during our investigation with any persons outside of our agency,” an email from the inspector general’s office reads. “Preserving the integrity of our investigation under the charter requires our silence until a final report is issued by our office.”

The city charter's requirement that inspector general records be kept confidential is subject to state law, including the FOIA statute, which supersedes local rules and laws.

The Free Press appealed the law department's FOIA response last week. The appeal cited several areas where the city's response appeared to violate state statutes and it requested specific legal justifications for documents that were denied.

The inspector general has the authority to investigate any elected official, city employee, agencies and any programs or contractors who provide goods or services to Detroit.

According to the city charter, the inspector general also has the ability to access financial and other records of all city agencies at any time.

During the course of an investigation, the office can administer oaths, take testimonies, subpoena witnesses and require the "production of evidence relevant to a matter under investigation," according to the city charter.

Any city employee, elected official or contractor who fails to cooperate with an investigation could be subject to "forfeiture of office, discipline, debarment or any other applicable penalty.”

If it is determined that an illegal act was committed, the inspector general is required to refer the matter to the appropriate law enforcement agencies.

Viki Harrison, director of state operations for the nonpartisan grassroots organization Common Cause, said the city’s handling of the FOIA response raises new transparency questions and damages the public’s trust.

Harrison read the city’s FOIA response to the Free Press and said it is inappropriate for the law department to chastise the media by suggesting it would attack innocent employees.

“Are they writing an op-ed or is this a FOIA response?" Harrison said.

Harrison said the city’s response erodes trust in government.

“I'm outraged just reading some of the language that they've used in here,” she said. “They're being incredibly defensive instead of just doing their jobs and answering the question. The public is going to once again think that their government is hiding something and not playing fair and they're stopping the press from doing their jobs. The lack of transparency and ability for the public to really understand what’s happening is completely erased when you get a response like this.”

The inspector general's office said there should be no transparency concerns.

"We have stated that we have no issues with releasing information after the investigation is concluded," the office wrote in an email responding to questions from the Free Press. "As stated previously this is to protect the integrity of any investigation, high profile or otherwise."

Harrison said she also believes the $222,667 price tag to fulfill the request prevents access to documents that should legally be available for public consumption.

“It is obviously outrageous to charge a newspaper $225,000 for something that is going to be nothing but redactions,” Harrison said. “Charging for staff time is a huge problem, too. If your Information Act requires and allows them to charge to compile information, that should be changed. That is something that makes it cost prohibitive for anyone to use this law to get the information they’re entitled to. How is anybody supposed to be able to afford $200,000?”

Make Your Date investigation


“Any time an inspector general is investigating any type of allegation of wrongdoing, that’s just inherently in the public interest,” Marshall said.

The city’s position that it would fight releasing the records despite any legal justification is “patently unlawful,” Marshall said.

“They seem to readily admit that no Michigan FOIA exemption applies but they’re not going to release these records,” he said. “The letter seems to be flouting that legal obligation on the basis of some purported policy argument. That’s not a legal reason that allows those records to be withheld.

“I’m really at a loss to understand how the city thinks this is appropriate or lawful.”

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