Washington, D.C. – Congressman John Conyers, Jr. (MI-13), Ranking Member of the House Judiciary Committee, today led a letter to Michigan Governor Rick Snyder, urging him to strongly reconsider requirements that local governments operating under Emergency Management, pay the legal fees and judgements against their Emergency Managers. In addition to Congressman John Conyers, Jr., the letter to Governor Snyder is signed by Congressman Dan Kildee (MI-5) and Congresswoman Brenda Lawrence (MI-14).
Currently, Michigan’s Local Financial Stability and Choice Act, MCL § 141.1560, requires local governments to cover the costs associated with appointed emergency managers who are sued in that capacity. However, legal fees incurred during Congressional investigations by former Emergency Manager for Detroit Public Schools and the City of Flint, Darnell Earley, have been voluntarily paid by the state. Congressman Conyers, Congressman Kildee, and Congresswoman Lawrence are calling on Governor Snyder to ensure all of Earley’s legal fees are covered by the state, not local taxpayers; and to ensure local governments are not required to pay legal fees associated with emergency managers’ mistakes.
Dean of the U.S. House
of Representatives
John Conyers, Jr.
“The exception made in the case of Darnell Earley, should be the rule moving forward,” said Congressman Conyers. “Local taxpayers shouldn’t have to foot the bill for mistakes made by state appointed officials who they didn’t elect. Governor Snyder must ensure the burden of legal fees incurred by emergency managers falls on the state, not local governments.”
“Michigan families should not have to pay the legal bills for state-appointed emergency financial managers. Unelected emergency financial managers are accountable only to the Governor and the state should have to pay for their mistakes,” Congressman Kildee said.
“I find it unreasonable to place the burden of legal fees incurred by emergency managers on local taxpayers,” said Congresswoman Lawrence. “Michiganders should not be on the hook for the mistakes of the Governor’s appointed emergency managers. The State’s emergency manager law disenfranchises voters and takes away local control. Local taxpayers should not be required to foot the bill of fraud and abuse committed by Snyder’s appointees. The State should absorb the financial burden imposed by such crimes and Governor Snyder should ensure that taxpayers are protected from the misuse of their hard earned dollars.”
In their letter, the Members wrote, “…we find it deeply troubling that the former Emergency Manager of the Detroit Public Schools and the City of Flint, Darnell Earley, requested that Flint reimburse more than $75,000 in legal fees that he incurred while under investigation by Congress regarding his role in causing the City’s water crisis…By diverting local taxes from crucial priorities to pay for unelected officials’ legal fees representation and damages, this law places a burden on local taxpayers even as it removes their control of that burden.”
“Further, it would appear to frustrate several federal statutes designed to protect the civil and constitutional rights of our citizens. And, it permits the State of Michigan to shift responsibility for its actions to localities by dipping into the local taxpayers’ pocketbooks, even in cases where those taxpayers are injured by an Emergency Manager’s conduct…,” the Members continued.
Michigan – U.S. House Judiciary Committee Ranking Member John Conyers, Jr. (MI-13) and Congressman Dan Kildee (MI-05) today led a letter signed by every Democratic House member of Michigan’s congressional delegation, calling for the U.S. Department of Justice (DOJ) to review the State of Michigan’s actions to block the City of Flint from suing the State in connection with the Flint Water Crisis.
As stated in the letter, in March 2016, the City of Flint filed a notice of intent to sue the State. Just a week later, the Governor-appointed Receivership Transition Advisory Board (RTAB) issued a recommendation requiring that it approve the initiation of any litigation by Flint, which was approved by the state treasurer. The letter raises concerns about the lawfulness of Michigan’s actions and requests the Department of Justice to review whether denying the City of Flint the ability to seek legal redress from the State implicates constitutional due process, equal protection and associated environmental justice issues for the people of Flint.
In their letter, the Members wrote, “First, we are concerned that the state-appointed RTAB’s potentially unauthorized action to restrain Flint’s authority to initiate litigation and its apparent failure to adequately notify the City of the import of its actions may have deprived the City of Flint and its residents of constitutionally protected due process…Given the fact that Flint is a majority African American municipality, the denial of the City’s right to obtain judicial redress may therefore implicate the Equal Protection Clause…Third, we are concerned that the actions of the State may have violated principles of environmental justice, which are premised on notions of Equal Protection.”
Dean of the U.S. House
of Representatives
John Conyers, Jr.
“Much remains to be done in the pursuit of justice for Flint residents and to ensure no other community suffers from the actions of unaccountable political appointees that they did not elect,” said Congressman Conyers. “The people of Flint must have their rightfully deserved access to legal redress, due process, equal protection under the law and associated environmental justice. I urge DOJ to thoroughly review actions by Governor Snyder and the Michigan Receivership Transition Advisory Board against the people of Flint. I will continue to monitor the situation in Flint in the months and years ahead.”
“The state of Michigan should focus on bringing clean drinking water to the people of Flint, not maneuvering to prevent them from accessing the judicial system,” said Congressman Kildee. “Our letter asks the Department of Justice to investigate the constitutional and environmental justice issues implicated by the State’s decision to effectively prevent the city of Flint from suing the state. Quite simply, this is wrong.”
The letter to DOJ was signed by Congressman John Conyers, Jr. (MI-13), Congressman Dan Kildee (MI-05), Congressman Sandy Levin (MI-09), Congresswoman Debbie Dingell (MI-12) and Congresswoman Brenda Lawrence (MI-14).
In March, Congressman Conyers introducedH.R. 4754, theEmergency Financial Manager Reform Act of 2016,to address unchecked decision-making powers that appointed emergency financial managers have in financially distressed cities which cause situations like the Flint Water Crisis.
Yes, the Flint Water Crisis will end up in Detroit because everyone was stealin' so the new Michigan Attorney General Dana Nessel is going to send in her gurl, Kym Worthy, to see who is under investigation so they can be proactive in taking over the prosecution to save her crew.
It may a campaign financing promise, but, hey, what do I know?
FLINT (WJRT) (1/7/2019) - Another Michigan Department of Environmental Quality employee has pleaded no contest to charges related to the Flint water crisis.
Liane Shekter-Smith, the department's former chief of drinking water and municipal assistance, originally was charged in July 2016 with two felonies and one misdemeanor charge.
She pleaded to a misdemeanor charge of disturbing a lawful meeting, which carries a possible penalty of 90 days in jail and a $500 fine. The other charges were dropped in exchange for her plea.
As part of the plea agreement with Special Prosecutor Todd Flood, Shekter-Smith must testify against other government officials charged in the Flint water cases. She likely will be a witness in the upcoming preliminary hearing for former Emergency Manager Darnell Earley and former Flint Water Department Manager Howard Croft.
If she provides misleading statements or fails to cooperate with prosecutors, Flood said a guilty plea to a five-year felony charge of misconduct in office will automatically be entered on her behalf. A review to determine whether she complied with the plea agreement is scheduled for April.
Shekter-Smith and other DEQ officials are accused of failing to do their jobs and provide safe drinking water for Flint residents after the switch to pump water from the Flint River in 2014.
Fellow DEQ officials Michael Prysby and Stephen Busch both pleaded no contest on Dec. 26 to misconduct in office and tampering with water monitoring reports -- both felonies -- along with misdemeanor violations of Michigan's drinking water law.
With Shekter-Smith's plea, seven of 15 people facing criminal charges related to the water crisis have pleaded guilty or no contest. A no contest plea is not an admission of guilt but is treated as one at sentencing.
FLINT, MI -- Three days after new Attorney General Dana Nessel said she wants to replace him, special Flint water prosecutor Todd Flood showed up for work, struck a plea deal with a former state drinking water official and refused to talk about his job security.
Flood answered several questions about his future and Nessel with “no comment” on Monday, Jan. 7, following continuation of a preliminary exam in Genesee District Court.
Nessel issued a news release Friday, Jan. 4, saying she had provided Wayne County Prosecutor Kym Worthy, a member of her transition team, “with the relevant materials related to the (Flint water) cases and has requested that her office take over the prosecution of the criminal cases on her behalf.”
Worthy issued her own statement Friday, saying she would evaluate the remaining criminal cases filed by Flood but not necessarily replace him.
That sounds like code for, "I am just going to take a look to see who is going to be charged so I can put together a defensive strategy for Dana and company."
Flood was appointed to the job by former Attorney General Bill Schuette. He’s charged 15 current and former city and state government officials with crimes related to the water crisis.
Seven of those cases resulted in plea agreements, three have been bound over to Genesee Circuit Court for jury trials and five are in the process of preliminary examinations in Genesee District Court.
As a candidate for office earlier this year, Nessel was among critics of the Flint water prosecutions, calling them “politically charged show trials” but didn’t say for certain if Flood would be replaced.
Despite the uncertainty, the special prosecutor is operating as though he plans to continue working on the cases.
Flood told District Judge Jennifer Manley on Monday that he doesn’t need to return to court to check on the status of the cooperation of former Department of Environmental Quality official Liane Shekter-Smith until at least February. That’s after she’s expected to testify in the preliminary exams for former Flint emergency manager Darnell Earley and Howard Croft.
Last month, Flood told Genesee Circuit Judge Joseph Farah that he anticipated remaining on the job after the transition from Schuette to Nessel.
But, the Flint Water Crisis, which happened under the Emergency Manager Law, is still a matter of interest for Elijah Cummings, Chair of the U.S. House Oversight Committee.
No Flint water crisis if no Karegnondi Water Authority
KWA started “greatest water war in Michigan history”
GLWA widened war, taking over all of DWSD
KWA initiator Jeff Wright, a Democrat, tied to scandal-plagued Synagro, alleged money-laundering, shady campaign financing
Wright prioritized selling untreated water to DTE, other businesses over the people’s need for treated water
Karegnondi Water Group members get Bond Buyers’ “Midwest Deal of the Year” award in 2014. Without them, the poisoning of Flint would not have happened.
DETROIT – The mass lead poisoning of the people of Flint, Michigan, a cold-blooded act of domestic terrorism, was contrived for the profit of the Wall Street bond market, corporations and politicians by both Republicans and Democrats with their own agendas.
The two parties are battling the matter out in electoral debates, with Michigan’s Republican Governor Rick Snyder justifiably though hypocritically castigated by Democratic candidates like Hillary Clinton for his role in this unspeakable catastrophe.
“The governor of that state acted as though he didn’t really care,” Clinton said during the NBC News debate in Charleston, S.C. “If the kids in a rich suburb of Detroit had been drinking contaminated water and being bathed in it, there would’ve been action.” Clinton’s Democratic opponent Bernie Sanders simply asked Snyder to resign.
In the most cynically exploitative campaign move so far, Clinton just published the video below. It calls for donations to a Flint non-profit, rather than pledging billions from the U.S. Treasury to save Flint, just as the U.S. Treasury bailed out General Motors, which left Flint, taking with it 72,000 jobs.
No politician has expressed any intention of locking Snyder and cronies up for life without parole, the only sentence appropriate under Michigan law, or of providing the billions of dollars necessary to rebuild not only Flint’s water infrastructure, but the city itself, devastated for decades by its abandonment by General Motors and other corporations.
Ten Flint residents have already died from Legionnaire’s disease linked to contamination of the city’s water. Tens of thousands more, especially children and babies, face irreversible life-time damage due to the neurological and behavioral effects of lead, according to the World Health Organization.
A petition to recall Snyder has finally
been approved by the notoriously recalcitrant State Elections Board and will no doubt receive mass support, as it should.
But make no mistake—getting rid of Snyder will not cut out the cancer of racism and profiteering that has devastated Flint, Detroit, and cities across the U.S. for years.
The most blatant example of the bi-partisan midwifery of the Flint water catastrophe is the creation of the Karegnondi Water Authority (KWA), in what a Detroit Water and Sewerage Department (DWSD) spokesman called “the greatest water war in Michigan’s history.”
He was quoted before the creation of the Great Lakes Water Authority (GLWA), which has since robbed the people of Detroit, the largest Black majority city in the U.S., of the entire DWSD, the country’s third largest water and sewerage system, founded in 1836, which had been serving 40 percent of Michigan’s population.
The poisoning of the city of Flint, which is also a majority Black, would not have happened without the creation of the KWA at the instigation of Genesee County Drain Commissioner Jeff Wright, a white Democrat who has been Drain Commissioner since 2001 and spent 23 years prior to that in the department under former Drain Commissioner Anthony Ragnone.
According to U.S. Census figures, Genesee County is 75.2 percent white, and 20.6 percent Black, with a 21 percent poverty level. Flint is 37.4 percent white, and 56.6 percent Black, with a 41.5 percent poverty level.
Jeff Wright, CEO of KWA, Genesee County Drain Commissioner
In 2013, the KWA began building a 63-mile pipeline to Lake Huron that runs parallel to DWSD’s pipeline for the region. While boasting it will lower water rates, the Authority admits the pipeline will only deliver raw water, unlike the DWSD, which delivers fully treated water. Communities which sign on to it will have to treat their own water, creating ways to do so at additional costs to customers and profits to contractors. Wright said in 2011 that he wanted to bring raw water in for the benefit of businesses in the area.
The pipeline was supposed to have been up for operation by 2015.
The KWA now includes the “Genesee County Drain Commissioner, Lapeer County Drain Commissioner, Lapeer City, Sanilac County Drain Commissioner and the City of Flint,” according to its website. St. Clair County is reportedly also considering membership as Wright courts more regional customers.
Wright, who has a history of shady dealings with water contractors, began the push to create the KWA in 2006. Snyder’s appointee, Flint Emergency Manager Ed Kurtz, later endorsed it as well. In 2013, Wright got the Democratic City Council of Flint to agree to disconnect the city from the DWSD, which had supplied high-quality water to Flint residents since 1967, and connect with the KWA instead.
Due to KWA construction delays, however, Snyder and Kurtz ordered the ultimately disastrous long-term use of the polluted Flint River in the interim, falsely claiming that Detroit had refused to negotiate better rates for its Genesee County customers. While the Flint Water Treatment Plant, using the Flint River, has always been a back-up water supply to DWSD, which gets its water from Lake Huron, the plant was never outfitted to operate with river water for more than 20 days, on an emergency basis.
DTE’s Greenwood Energy Center in Avoca, MI is on the proposed Karegnondi line.
VOD reader Peter Bernard wrote, “DTE has been involved in the formation of KWA since the beginning. DTE didn’t need treated water to run its turbines. Was it the demand of DTE for untreated water as soon as Flint withdrew from DWSD that caused Flint to pump untreated water into its supply system? I worked for Detroit Edison as a summer intern 60 years ago and they always thought pure water was an extra expense since super-heated stem automatically purified the water driving the steam turbines.”
In 2011, Ron Fonger of the Flint Journal reported that DTE told the KWA board it was interested in purchasing up to three million gallons of untreated water per day from the Authority for its Greenwood Energy Plant.
“Genesee County Drain Commissioner Jeff Wright called the news ‘very encouraging’ during a meeting of the KWA Board of Directors today, and said others could follow ‘as more businesses are made aware of (what we are doing and) the lower cost of untreated water,'” Fonger wrote, adding that Wright said KWA would work with DTE.
Map shows KWA pipeline in red, DWSD pipelines in blue.
In 2014, the Bond Buyer magazine gave KWA the Midwest Bond Buyer of the Year award during an elaborate ceremony in New York’s Waldorf Astoria Hotel, for its second sale of $220 million in bonds to finance the pipeline, an intake facility, and two pumping stations.
It earlier sold $35 billion in bonds despite Detroit’s bankruptcy filing.
“Long before Detroit filed its Chapter 9 bankruptcy case in the summer of 2013, Flint and Genesee County, Michigan saw the need to break away from their dependence on the Detroit water system,” the narrator of a video shown at the ceremony said in a disingenuous, factually inaccurate introduction.
“In 2010 they formed the Karegnondi Water Authority, the two governments’ long-term strategy to deliver a more reliable water supply at more reasonable rates. After years of planning and crafting a bond structure with dual backstops to protect investors, the Authority hit the market in early April with its inaugural issue for $220 million in bonds. . . .The governments expect to cover the debt repayments with system revenues, and both put their limited tax GBO payments behind the bonds.”
The narrator said that Genesee County also pledged to cover Flint’s portions of the bonds if it is not able to do so under state emergency management.
Former Detroit CFO Sean Werdlow and former Mayor Kwame Kilpatrick receive Bond Buyer award in 2004 for disastrous $1.5 billion COPS deal.
“Entering a market where local governments across Michigan faced heightened penalties, the authorities sold the bonds to more than 30 investors and achieved borrowing costs below projections,” the narrator said. “The deal paves the way for the County to trade in annual rate increases of about 11.5 percent for ones closer to five.”
The presentation recalled a similar Bond Buyer award given to former Detroit Mayor Kwame Kilpatrick and his then-CFO Sean Werdlow in 2004, for the disastrous sale of $1.5 billion in “Certificates of Participation,” or “Pension Obligation Bonds,” an amount that ballooned to $2.8 billion with default penalties and interest swaps. Detroit Emergency Manager Kevyn Orr cited the deal as one reason for his improperly authorized 2013 Detroit Chapter 9 bankruptcy filing, but never followed through on a lawsuit he filed calling it “void ab initio, illegal and unenforceable.”
Below is the video presented at the Bond Buyer 2014 awards ceremony, on the Karegnondi Water Authority and the bonds involved.
In 2013, Tucker, Young, Jackson and Tull (TYJT), a Detroit-based engineering and consulting company, was contracted by the Michigan Department of Treasury to provide a study of the proposed KWA, contrasting it with the advantages of Flint remaining with the DWSD. The study strongly contradicted claims the Bond Buyer made at the 2014 awards ceremony, and other made in a study contracted by the community of Swartz Creek. (See full TYJT study at http://voiceofdetroit.net/wp-content/uploads/FLINT-KWA-TYJT-water_report.pdf,)
DWSD spokesman Bill Johnson
“The Flint City Council’s approval of the Genesee County Drain Commission-backed idea to link Flint and a proposed multi-county connector effectively launched the greatest water war in Michigan’s history, “ Bill Johnson, communications head for the DWSD, said in a press release. “The action ignores a credible state-sponsored study that came out against the ill-advised Karegnondi Water Authority (KWA) project. And the vote makes no connection to Flint’s fiscal reality. All things considered, the City of Flint is best served by the Detroit Water and Sewerage Department (DWSD).” (See full release at http://voiceofdetroit.net/wp-content/uploads/water_war_undermines_flint-dwsd_relations-2013-14.pdf.)
The study concluded that the cheapest and safest option out of eight through 2042 for Flint’s water supply was to provide it directly through an adaptation of DWSD’s Imlay City pumping station, which is closer to Flint. DWSD has always provided water for the area through its Lake Huron Water Treatment Plant at Ft. Gratiot, Michigan, which sends it to the Imlay City station to go to Flint. Flint then supplies it to other regional customers. (See graph below.)
TYJT noted that the KWA proposal did not account for cost overruns on construction contracts, an almost inevitable occurrence, or provide a back-up water supply as does the DWSD for all its customers in the event of failure of the primary supply.
Why did Wright ignore this study? His connections with shady contractors during his tenure as Genesee County Drain Commissioner beginning in 2001, and earlier in his 23 years serving under former Drain Commissioner Anthony Ragnone, are well-known.
Southwest community organizer Denise Hearn leads protest against Synagro’s Detroit boondoogle outside the Detroit Wastewater Treatment Plant July 31, 2008.
Wright himself formerly owned a water consulting business called Tara/Aqua Management. During his term as Commissioner, he has signed multiple contracts with Synagro Technologies, Inc. for sewage sludge removal, dewatering, and land application at the county’s Linden and Ragnone treatment plants, from 2002 through 2009, according to a 2010 Flint Journal expose by reporter Ron Fonger.
At least two of the Genesee Drain Commission Synagro contracts, in 2003 and 2005, were signed by James Rosendall, former Synagro vice-president of development who went to prison for 11 months, in connection with the Synagro/Carlyle bribery scandal that brought down former Detroit Mayor Kwame Kilpatrick, DWSD head Victor Mercado, and former City Council President Monica Conyers, among other Black city officials.
Synagro VP James Rosendall
Rosendall was the only white who was jailed, while Black officials who refused to act as FBI informants received terms as long as five years.
Judge Avern Cohn barred the defense from asking why Synagro and the Carlyle Group were not charged in the RICO indictment.
Whatever you do, do not tell anyone the reason why the defense was barred from asking why Synagro and the Carlyle Group was not charged in the RICO indictment was because there was an ongoing investigation into other matters of interest. Sssshhhh.......
Wright was an FBI informant against Conyers’ aide Sam Riddle during the probe. Many officials involved in the probe acted as informants rather than being charged as well.
Synagro was purchased by the insidious Carlyle Group in 2007, one of the largest private equity and alternative investment firms in the world which has extensive ties to the global defense industry.
The Carlyle Group’s board has included politicians from around the world, including former U.S. Presidents George H. W Bush and George W. Bush, and their former cabinet members U.S. Secretary of State James Baker III, and U.S. Secretary of Defense Frank Carlucci, also former chairman of the U.S. Securities and Exchange Commission (SEC) Arthur Levitt, who served under Pres. Bill Clinton.
It is connected to the Bin Laden family and to former Phillippines dictator Fidel Ramos, among numerous others. Synagro went bankrupt in 2013 and was sold.
The KWA’s current major contractors include the omnipresent L D’Agostini & Sons, based in Macomb, at a starting cost $24.6 million for the pipeline and $11.06 million for the intake station on Lake Huron. D’Agostini earlier sued the DWSD because it was barred from further contracting with the department after its involvement in the RICO indictment of Kilpatrick et. al. was exposed. D’Agostini previously did 70 percent of its business with the Department.
The Alabama-based American Cast Iron Pipe Company, which operates one of the largest ductile iron pipe casting plants in the world, has a contract with a starting cost of $84.1 million, while the Flint-based E & L Construction’s contract for the Imlay City pump station has a starting cost of $11.78 million. All this work duplicates DWSD pipelines and intake and pumping stations already servicing the area.
Pipe for Karegnondi Water Authority is hoisted into Lake Huron.
Recently, Channel 2 reporter Charlie LeDuff interviewed Jeff Wright in a story focusing on the profits made by contractors on the Flint water switch. They included Kurtz campaign contributors AECOM, with $18 billion in revenues in 2015, and the engineering firm hired to ensure that the switch to Flint River water would be safe, LAN (Lockwood, Andrews and Norman).
LeDuff reports that firm’s original contract began at $140,000 and ballooned later to $4 million, despite the fact that it did NOTHING to ensure the safety of the city’s water.
(VOD takes issue with LeDuff’s initial contention that Flint ratepayers decided to opt for the KWA because they were paying “outrageous” rates to Detroit. That is a claim that has been made by DWSD’s wholesale customers in six counties for decades, never with an addendum that the communities involved add their own surcharges to the wholesale rates. LeDuff also appears to conclude at the end that water flowing through Flint’s pipes now from DWSD is safe, which it will not be until complete replacement of the corroded infrastructure. )
Michael Gilmore is launching his congressional campaign for the Michgian 13th Congressional District with a bang.
He is going to do the dramatic Hollywood style ceremonial "filing of the complaint" on the courthouse steps.
I am excited to see the video and what he is going to do with it for his campaign, because you know he is going to use the federal litigation for his campaign.
Well, the days of the political drama have been, oh, let us just say, have been placed under the lens of the cyber community, so all eyes shall be watching this case, in real time.
To begin, let us exam the reason why Michael is filing this lawsuit.
On second thought, that would be a waste of time so I am just going to identify his motivation to file the lawsuit in the title of the article, below.
He is filing to launch his campaign, and not for the greater good of society.
I say this because a congressional seat does not belong to a man nor is it an American title of nobility; it belongs to all people of the 13th Congressional District of Michigan, not just a targeted population of Detroit.
Can one use federal resources, in this case, the federal court, for a political campaign, particularly if the suit of law is for the seat you are attempting to sway to public to win?
This is a questionable way to kick off a political campaign.
This is also the part that where I defenestrate my reservations and remain consistent.
See, I know what Nancy Pelosi did last summer, and the summer before that, and so on, with Bitch Boy, which is another reason why I speculate the legality of the process, because Nancy has been terribly mean to my Sweetie for quite some time.
I was quite shocked when I found out how much individuals were getting for his forged signatures on congressional letters.
Quintessentially, if there are relevent questions raised surrounding the legitimacy of the "retiring" of Mr. Conyers, perhaps, this is the real reason why there will be no special election, as there are multiple, ongoing federal investigations.
Maybe Michael could attempt to validate his racist theories in discovery, or he could just do a basic internet search.
It is just a jurisdictional issue that would immediately halt any state "retirement" process.
A candidate for the U.S. House seat vacated by former U.S. Rep John Conyers filed a lawsuit against Gov. Rick Snyder demanding that the election be moved up to an earlier date.
On Dec. 8, Gov. Snyder had announced that Conyers' congressional seat would remain empty until the regularly scheduled November election, leaving it vacant for nearly a year. What's more, political observers have pointed out that since the post will be listed twice — once in the August primary and again in the November general election ballots — the office could be held by two different people before January is out.
In short, the move would leave Detroiters without effective representation for 11 months — and perhaps even longer.
Michael Gilmore
As the Associated Press noted earlier this month judging by a review of roughly 100 vacancies and successors listed on the House website for the last 20 years, it is unusual for a congressional district to stay vacant for so long. Eleven months would be the longest time a House seat stayed empty during that period.
Gov. Snyder had said his decision would both save money and give candidates ample time to campaign. But given his role in establishing Emergency Management in Michigan, this situation calls another lawsuit to mind — namely one filed by the Detroit Branch of the NAACP against Gov. Snyder that Emergency Management has violated the voting rights of the state's African Americans, effectively stripping representation away from residents in majority-minority cities and school districts. By some estimates, more than half of the state's blacks had their representatives overruled by Snyder-appointed viceroys.
"Gov. Snyder continues to treat residents of urban areas across the state as second-class citizens and is violating a laundry list of constitutional laws in doing so," Gilmore said in a statement released today. "By holding this congressional seat vacant for 11 months, he is denying minority residents of the 13th Congressional District the right to vote and the right to be represented in Congress. This is yet another attempt to further silence the voice of minorities in the state and disregard their views. From putting emergency managers only in minority school districts and city halls to signing off on the Flint water crisis for fiscal benefit, Gov. Snyder has historically cited cost-saving measures as his reason for denying civil and human rights to urban areas. Here, he is once again attempting to balance the state's budget on the backs of Black people, in the name of 'cost savings.'"
Gilmore says he will discuss his lawsuit against Gov. Snyder at 10 a.m. Tuesday, Jan. 2, 2018, at the Fort Street entrance of the Theodore Levin United States Courthouse, Detroit.
One man hoping to win an empty congressional seat is suing the governor for waiting until November to fill the seat.
Most residents have a representative in Congress until the next election.
However, because Congressman John Conyers resigned in 2017, and Gov. Rick Snyder set an election to fill his seat starting in November, residents of the 13th congressional district will not have a representative in Congress for 11 months in 2018.
"Governor Snyder continues to treat residents of urban areas across the street as second class citizens," Michael Gilmore said.
Governor Snyder has historically cited cost saving measures as his reason for denying civil rights and human rights to urban areas," he said.
The governor does believe setting the date for the special election in August and November on the same dates as the regular general election will save local taxpayers up to $2 million.
"Divide $2 million by the 658,000 residents, that totals roughly $3 per person," he said.
Gilmore calls this systemic discrimination in the 13th congressional district, which he says is composed of over 62 percent minority residents.
"He is once again attempting to balance the state's budgets on the backs of black people in the name of cost savings," he said.
Gilmore is also a candidate for this seat. Might his lawsuit be self-serving?
"I don't believe this is self-serving, in fact I'm actually quite ashamed that I'm the only one talking about it," he said. "Donald Trump has already begun to illuminate important social programs that we need in this area, and no one else is talking about it?"
Gilmore says that typically vacancies are filled within a few months and he has asked the federal court to make a quick ruling hopefully by the end of February. There's been no formal response from the governor's office.
FLINT – Congressman Dan Kildee (MI-05) today led a congressional delegation to Flint, Mich., to hear directly from residents affected by the city’s ongoing water crisis. In addition to Congressman Kildee, twenty-five other Members of Congress joined the trip to Flint, including Democratic Leader Nancy Pelosi (CA-12), Assistant Democratic Leader James E. Clyburn (SC-06), and leaders of the Congressional Black Caucus and Congressional Progressive Caucus. This is the third delegation to visit Flint with Congressman Kildee in recent weeks.
While in Flint, the members toured the city and held a ‘Speak Out’ to hear directly from families affected by the water crisis. The members also received a briefing from Dr. Nicole Lurie, the Assistant Secretary for Preparedness Response at the U.S. Department of Health and Human Services, that provided an update on current federal response efforts. The briefing also allowed the members to discuss additional resources needed in Flint.
“Flint is a strong community and our families are tough people,” said Congressman Kildee. “While this crisis is a setback for our community, I know we will emerge from this tragedy. Flint families just need the resources to overcome this crisis. State decisions created this crisis, and the state of Michigan must step up and do more to help. The federal government, including the President and numerous federal agencies, has already helped in many ways. Congress should also act without delay to help Flint recover from this man-made crisis.”
“No parent should have to worry about the water their kids drink or the safety of their back yards. It’s outrageous that lead poisoning is an ongoing issue affecting families in Flint and across the country. In the Los Angeles area, including in my district, we are confronting a possible environmental crisis due to contamination from a lead battery plant that could affect up to 10,000 homes. Families want solutions and they need action now,” said House Democratic Chairman Xavier Becerra (CA-34).
“What is happening to families in Flint is a tragedy. Every level of government must act in a coordinated effort to solve this crisis. Members of Congress are going to Flint to listen to residents directly and see first-hand what their needs are. With investments in health, education and infrastructure, the children of Flint can live successful, healthy lives. We cannot turn our backs on them, or the children of any other city like it. We must act,” said Congressman Keith Ellison (MN-05).
“The CBC was among the first to demand a thorough federal investigation of the Flint water crisis and we will be visiting with Flint families to further amplify the urgency of this health and environmental crisis. The harm experienced by the residents of Flint is irreversible and multi-generational. Governor Snyder has been a central figure in the decision-making process that led to the water crisis and we look forward to his testimony before the Committee. The lack of oversight and accountability demands a thorough investigation and we have come to Flint to remind them that elected officials will not ignore this crisis. We will hold the right parties accountable for the lack of oversight and accountability that has led to more than 10,000 children unknowingly being exposed to dangerous amounts of lead in their drinking water. This crisis demands more and we must all do our part to ensure the citizens of Flint have the resources they need, both in the short- and long-term,” said Congressman G.K. Butterfield (NC-01).
“It is unconscionable that the Flint water crisis continues to affect families and children. Not only did the State of Michigan fail to protect and serve its people, the government created the crisis and magnified its effects with delayed responses and outright lies that endangered the public,” said Congresswoman Rosa DeLauro (CT-03). “We must ensure that every child exposed to lead has access to nutrition and childhood development services to mitigate the adverse effects of exposure. Federal programs continue to play a critical role in aiding Flint and we have to stop this crisis from happening elsewhere.”
“I want to thank Congressman Kildee for organizing today’s visit, and I appreciate my colleagues who represent constituents in other parts of our country for taking the time to hear directly from Flint families affected by this terrible crisis. I am hopeful that the U.S. Senate will act soon on a bipartisan agreement that I authored with Senator Peters to help fix the pipes and address health care needs. However, federal funds do not replace what the State of Michigan is morally and legally obligated to do to meet its responsibility to the community,” said Senator Debbie Stabenow (D-MI).
“The Flint water crisis is not just a local concern or Michigan problem—it is a national issue that tells us how the story of how de-industrialization, de-regulation, and disinvestment can result in tragedy. What we are seeing in Flint appears to be a perfect storm of global and national headwinds and unforgivable, reckless disregard that must be fixed,” statedCongressman John Conyers, Jr. (MI-13). “I am thankful that my Democratic colleagues in Congress were able to join us here today to hear directly from those that have been impacted and from Dr. Lurie to learn firsthand how we can provide a stronger federal response to bring relief to these families and help remedy the wrong they have suffered. I thank Congressman Kildee for his leadership and determination to resolve this ongoing crisis.”
“We’ve had the opportunity today to listen to the concerns of Flint residents, and we’ve seen the hard work being done to coordinate services. This week, the Administration announced the expansion of Head Start, Early Head Start – and just yesterday of Medicaid – for Flint residents. However, these actions should only be the beginning. Now it is time for the State to act to solve the crisis they created. Resident of Flint must be guaranteed not only clean and safe water, but continued access to health and educational services for their children the foreseeable future to help mitigate the effects of the tainted water,” said Congressman Sander Levin (MI-09).
“I join my Michigan colleagues in thanking my House colleagues from across the country for visiting Flint to hear firsthand from residents and to learn how we can best work together at the federal level to support them. Flint faces many challenges, but Michiganders are strong and resilient and we are committed to standing together to overcome this crisis. It is also imperative that we ensure this never happen in another community in America,” said Congresswoman Debbie Dingell (MI-12).
“I want to thank Rep. Kildee, Leader Pelosi and my fellow members of the CPC and CBC for making this Speak Out possible. It was so important for the residents of Flint, whose trust has been shattered and whose rights have been violated, to have the opportunity to let Congress know firsthand what they need to rebuild their health and lives. It was also important for my fellow members and me to show the people of Flint that we are here, we care, and we will not stop until the truth about this man-made disaster is revealed and steps are taken to ensure it never happens anywhere in America again,” said Congresswoman Brenda Lawrence (MI-14).
“As a mom, I can’t imagine the horror parents must have felt after learning their children were being poisoned by the water coming into their homes and schools,” said Congresswoman Katherine Clark (MA-05). “It’s outrageous that it takes an emergency like this to underscore that vulnerable families are hit hardest when budgets are slashed without regard for health and safety. I want my colleagues to hear the stories we bring back from Flint so that we can ensure the resources that Flint’s families need to care for their children, fix the problem permanently, and make sure this never happens again to any of our nation’s children.”
“Today I stand in solidarity with the women, men and children of Flint, Michigan as well as my colleagues to witness firsthand the extent of the devastation caused by the city’s contaminated water,” stated Congresswoman Yvette D. Clarke (NY-09). “The State of Michigan made a clear choice to divert Flint’s source of water for the sake of saving money with little consideration of the impact on public health. This choice has proven to be catastrophic for the tens of thousands of people living in Flint and in turn created an environmental justice community in the process. Access to clean water is a fundamental human right irrespective of socio-economic status and ethnic origins. I will work extensively to hold those responsible accountable, and fight for justice on behalf of the people of Flint.”
“People should never have to worry about the safety of their drinking supply and parents shouldn’t be afraid of giving their child a simple glass of water. Congress must not only act to help Flint but also ensure this doesn’t happen in other communities,” said Congresswoman Susan Davis (CA-53).
“The Flint water crisis has shown us that the trust and ability to protect our citizens’ basic right to clean water has been shaken. We all have a duty to ensure justice and protection of our citizens. This is an important topic and one that Congress must turn its attention to with urgency and unity of effort to address the harms caused, get an accounting of what happened, understand how the water was poisoned, make the lives of people damaged by this tragedy whole, find justice for those lives that may have been lost and determine and provide for the long-term health needs of those impacted. Not only will the dangers and hazards of this disaster be felt by the residents of Flint, Michigan for years to come, but the American public remains at risk to national security vulnerabilities exposed through our most basic infrastructure that supports the delivery of clean water to homes and businesses nationwide,” said Congresswoman Sheila Jackson Lee (TX-18).
“Thank you to Leader Pelosi and Congressman Kildee for organizing this important delegation so Members of Congress can bear witness to the real impact of this man-made and entirely preventable tragedy. My constituents and I are appalled by this injustice and we are committed to doing everything necessary to help this community,” said Congresswoman Barbara Lee (CA-13). “The tragedy in Flint is a direct result of institutional racism and structural classism that devalued the lives of people living Flint. This happened because public officials with the power to act ignored their responsibility as children and families were poisoned by the very water in their homes. This is simply unacceptable. As Members of Congress, we have a duty to hold officials accountable and take real action to empower and uplift the people of Flint following this unthinkable tragedy.”
“Americans across the country are outraged by the tragedy here in Flint. As Dr. King once said, ‘injustice anywhere is a threat to justice everywhere.’ We simply cannot stand by while our fellow Americans – including thousands of innocent children – are suffering. We are here today because we wanted to meet with the local leaders and families who are confronting this crisis, hear their stories, and stand up for them in Washington. Congressman Kildee is a powerful champion for these families and we are proud to join him in this effort to ensure that justice is done. Flint families deserve answers from the leaders who failed them and solutions that will help them recover from this terrible crisis. We are committed to doing everything we can in Congress to send the resources they need and ensure that those who are responsible will be held accountable. The families of Flint deserve nothing less,” said Congressman Jim McGovern (MA-02).
“We come to the city of Flint, not as Members of Congress or elected officials, but as Americans concerned for the well-being of our fellow brothers and sisters,” said Congresswoman Gwen Moore (WI-04). “The ongoing tragedy occurring in this community demands more than just our collective attention and empathy. It demands swift and effective action from federal, state, and local stakeholders. We are here to let the residents and families of Flint know that they are not alone, for we are reminded by the words of Dr. Martin Luther King that ‘injustice anywhere is a threat to justice everywhere.’”
"This trip with Leader Pelosi and other Members to our colleague Dan Kildee’s district is special for me because the District of Columbia experienced its own lead-in-water crisis 15 years ago,” said Congresswoman Eleanor Holmes Norton (DC). “No Americans are in greater solidarity with Flint than D.C. residents. The opportunity to talk with actual residents going through this crisis is the highlight of this trip. For me, this is also a fact-finding trip to see whether legislation is in order to make sure other jurisdictions can guard against the harm we least expect--in the water we drink. Flint has become the poster child warning the entire nation to take steps to ensure water is free of lead and other contaminants. The Subcommittee on Water Resources and Environment on which I serve has a special responsibility to investigate the safety of our nation’s water infrastructure. The federal government has stepped up by sending many agencies to Flint. However, the state of Michigan itself, whose responsibility it is to provide safe drinking water, has to take the leadership that was so deficient and that could have prevented this crisis. We go back to Washington equipped with a practical to do list that I hope will benefit the people of Flint and the rest of the country.”
“The Flint water crisis is a disgrace to this nation,” said Congressman Donald M. Payne, Jr. (NJ-10). “A glaring lack of oversight created this emergency, and as a result, thousands of children may suffer irreparable harm, never reaching their full potential because of neglect and indifference from Governor Snyder’s administration. We have a moral obligation to protect the health and well-being of our communities. I am proud to join my Democratic colleagues on this visit to listen to the people most impacted by this crisis and see that they are given the justice they deserve.”
“The crisis in Flint is unimaginable,” said Rep. Mark Pocan (WI-02). “With thousands of children and other residents exposed to lead contaminated water in their own homes, we need to hear directly from the families affected. Our first priority is to ensure the people of Flint get the resources they need. By joining together, we can start repairing the damage suffered by Flint residents, so they can have faith in their government again.”
“I am glad to be in Flint to hear firsthand from the families who have been affected by this crisis. The adverse effects of lead exposure are myriad, among them decreased academic attainment, increased need for special education, and higher likelihood of behavioral challenges. As Ranking Member of the Committee on Education and the Workforce, I am working with Congressman Kildee to mobilize programs and implement policies under my committee’s jurisdiction that will help appropriately respond to this crisis. After taking into account each of these programs that can help Flint children, we estimate that it will cost $1.3 billion in supplemental funding over ten years to ensure every Flint youth is receiving the necessary services to mitigate the effects of lead exposure. I was happy to see the Department of Health and Human Services announce some additional funding for health centers and Head Start this week, but that is only a first step. The impact of lead exposure on young children is long lasting and our response must have a long-term approach,” said Congressman Bobby Scott (VA-03).
“I am left heartbroken after speaking with the families of Flint, who have suffered so much." said Congressman Takano. “This terrible crisis was entirely preventable and I join with my colleagues in demanding accountability for those responsible. I am grateful to Congressman Kildee and Congresswoman Lawrence for their invitation and hope that under their leadership we can protect communities across the country from a similar tragedy,” said Congressman Mark Takano (CA-41).
Last month, Congressman Kildee introduced two pieces of legislation in the U.S. House of Representatives in response to the Flint water crisis, focusing on immediate and long-term investments for Flint. The Families of Flint Actwould make critical investments in infrastructure repairs, wrap-around services for families and children exposed to lead, economic development for Flint and long-term health monitoring for city residents. Since the decision to switch the city of Flint’s water source was made by a state-appointed emergency financial manager, Congressman Kildee’s legislation would require state-matching funds equal to the total of the federal bill.
Additionally, the U.S. House of Representatives has already passed Congressman Kildee’s bipartisan Safe Drinking Water Improved Compliance Awareness Act, which would strengthen requirements to have the U.S. Environmental Protection Agency (EPA) step in to notify the public when concentrations of lead in drinking water are above federal requirements. The bill, supported overwhelmingly by Democrats and Republicans, passed the House 416 to 2 on February 10, 2016.
The KWA’s current major contractors include the omnipresent L D’Agostini & Sons, based in Macomb, at a starting cost $24.6 million for the pipeline and $11.06 million for the intake station on Lake Huron. D’Agostini earlier sued the DWSD because it was barred from further contracting with the department after its involvement in the RICO indictment of Kilpatrick et. al. was exposed. D’Agostini previously did 70 percent of its business with the Department.
