Restitution For City Retirees Under 65 are on the Horizon - Detroit Police get $3.8M in Drug Fighting Equipment - New Housing Projects for Homeless

By Richard C. Clement 

At the Detroit City Council Budget, Audit, and Finance committee meeting held on September 6, 2017 at the Coleman S. Young Municipal Center, the committee set in place the plan to help repair the financial damage to the retirees on health care costs. Committee members Gabe Leland, Janee Ayres, and Committee Chair George Cushingberry Jr  reviewed a possible solution. The proposal is to help all retirees under 65 because they are not eligible for Medicare. The committee discussed the best way to help with health care cost is to get group rate health insurance by adjusting the Voluntary Employee Benefit Agreement (VEBA) that was negotiated in the bankruptcy.  

City of Detroit Auditor General
Mark Lockridge

The end result would be lower health care costs for retirees and, that would be a major step in the road to financial recovery for Detroit.  On December 31^st, the City of Detroit will exit all State of Michigan financial control and that will give city leadership the power to negotiate fees to sustain and elevate a better quality of life for Detroit residents.

City of Detroit Financial Team

This action was a result of a letter from Council President Brenda Jones on behalf of the Retirees to use the budget surplus as a funding source to restore the cuts suffered by them in the Bankruptcy Proceedings. The letter was sent to the Legislative Policy Division and sent to the BFA committee for their detailed review. Other funding sources are not off the table and will be brought up in committee meetings before November. On other news the Detroit Police Department’s Drug Enforcement Program was appropriated $3.8 million dollars to purchase police equipment or services that are eligible to use in Local Forfeiture funding. 

New and Livable Housing in Detroit

Finally homelessness and affordable housing issues were addressed by three projects authorized by the committee.  The first one was for Kamper and Stevens to rehabilitate the exiting Kamper building and Stevens building containing 165 units of senior housing with 145 one bedroom units and sixteen two bedroom units. The next project was by Norstar development USA to create the Gardenview estates on the former Herman Gardens Housing Projects. This project will create 97 one and two story townhomes units. The final project is by Detroit Central City CMH, Inc. to develop the Saint Rita Apartments. Project. This development will consist of 26 units of rehabbed living conditions.

For more information please contact the members of the Budget Audit and Finance committee and Stay tuned for more information.

Position Statement On Flint MI Keeping Detroit Water And Sewer Service

By Richard Clement - Legislative Aide

Council President Pro Tem supports the decision of the Executive Leadership of Flint Michigan to continue to receive water from the Detroit Water and Sewage Department. The Karegnondi (KWA)  water project is an example of the result of using construction and financial resources for purposes other than improving the quality of life. The existing water lines from Detroit could have been extended to where the Karegnondi water line is now at a substantially cheaper price.  An examination of the KWA Pipeline Map, a simple one mile extension of the current DWSD water line along Wheeler Road was much shorter  to build.  

The damage to City Of Detroit retirees behind this action of the State Appointed Emergency Managers can be reversed through methods of, but not limited to:

1. Pension Fund Managers file claims for damages in State and Federal Courts 
2. Pension Fund Managers file criminal charges
3. DWSD constructs a connection to existing KWA line and assumes ownership dissolving the KWA
4. Other actions that can be taken to offset damages to City Retirees in a court of law or legislatively to remove state taxes from pensions and adjusted health care co-pays.

By using correct actuarial data, the figures used to create the bankruptcy will be recalculated from the point of the discrepancy. With this move our city will be officially free of State Financial Review Board oversight on December 31, 2017 at 11:59pm.  During this transition the City will be able to pursue complete control of finances and, do something about rising health care costs. Co-pays for retirees and current employees will be reduced.  Therefore I am asking you to support my fellow colleagues on Council in our efforts to right the wrong to City Employees and Retirees

Detroit Marijuana Business Owners Challenge New Ordinance in the US District Court of Eastern Michigan and Gets Results!

Richard Clement  - Friends of George Cushingberry Jr.

On July 12, 2016 Judge Avery Cohen of the United States District Court Eastern District of Michigan Southern Division agreed with plaintiffs Sons of Hemp against the City of Detroit regarding the new Medical Marijuana Ordinance 3-15. (Case# 16-11492 - Sons of Hemp v City of Detroit) The court deemed this matter appropriate for a decision without an oral argument. Judge Cohn ordered that this case be remanded back to the Wayne County Circuit Court to re-hear the plaintiff’s arguments.

The Sons of Hemp are a group of African American Marijuana Business owners in Detroit who are being adversely affected by this new ordinance going into effect. %100 of all African American owned businesses would be shut down if this ordinance was put into full effect.

Judge Cohn remanded the case back to Wayne County Circuit Court to allow the Sons of Hemp to bring up their arguments regarding their Federal and State Claims of:

• Unconstitutional taking of property
• Violation of equal protection laws
• Violations of due process per U.S.C. 42 of 1983 and State Law (MCL 600.2918)
• Violations of 1st Amendment protections from Freedom of Religion

Detroit City Attorney Eric Gaabo agreed with the plaintiffs’ claims to argue these points based on Title 42 U.S.C. 1983 and 1985 because the ordinance violates their right to equal protection because it treats them differently than pharmacies.  Judge Cohn concurred with the plaintiffs and remanded this case back to Wayne County Circuit Court.

It is currently legal for a caregiver to dispense medicine to their patients and transfer to other patients from any private home in Detroit. Given the unpleasant choice of conducting business in the neighborhoods, the City prefers to have the traffic on the B1-B4 Zones to keep it out of the neighborhoods.  Federal law prohibits the use of religion in the zoning of property because it violates the 1st amendment regarding religious freedom. 

The ordinance as it is written is un-constitutional and cannot be enforced in it’s current state.  The ordinance adversely affects Marijuana Business owners in Detroit with over-regulation and, it must be re-written to remove any vestiges of racial and religious discrimination. Additionally arguments regarding the use of Drug Free Zones to specifically attack Medical Marijuana businesses in Detroit can also be brought up in a State Court of Law. As it stands now, the Detroit Marijuana Ordinance is suspended until it can be re-heard in Wayne County Circuit Courtroom at a date to be named later. 

Marijuana Policy at Mackinaw? A 2016 Ballot Question To The People

by The Friends of George Cushingberry Jr.

Lansing Mayor Virg Benero

During the Mackinaw Policy Conference, a new effort to allow Michiganders the legal right to use Marijuana without arrest, prosecution, and discrimination was introduced.  The group MI Legalize (www.milegalize.com) is spearheading an effort to place this issue on the ballot in November 2016. This Marijuana legalization effort if adopted by the people will allow municipalities to regulate this industry with 20% of the profits going to the city or township the provisioning center is located in. The current Michigan Medical Marijuana Act will remain intact.

"Free The Weed for the Jobs We Need" -   Richard C. Clement

Michigan residents will have another chance to determine the direction of the management and regulation of the exploding Marijuana Industry. Michigan voters have the opportunity to force the reform of the current system by electing responsible leaders who will do the following:

1. Getting a Picture of the Cardholder on the Medical Marijuana Card
2. Removing all Marijuana Convictions from citizens who are incarcerated in the legal system
3. Use the growing revenue to revitalize blighted properties in Detroit
4. Eliminate the requirement of placing Medical Marijuana in the Trunk of your car
5. Remove Marijuana from the Controlled Substances Act
6. Pot profits for Potholes, School Funding, Retiree Pensions and lowering Co-Pays on Health Insurance with the Affordable Care Act.

Richard Clement and
Mrs. Jodie Emery
Wife of Marc Scott Emery
 A Canadian Citizen abused by
America's war on Weed.

Since the Ronald Regan revolution of the 1980, the prison population has quadrupled to 2.4 million people. Cost per prisoner ranges from $21,000 to $33,000 per year for each person within the US Prison population. 20% of State Prisoners and 51% of Federal prisoners are in jail for Drug Charges like possession of Marijuana. Compared to 4% of the prison population is composed of robbery and 1% for murder, this is a huge financial commitment to keep people locked up. Currently, the State of Michigan spends up to $2 billion dollars a year maintaining their Department of Corrections facilities. On a Federal level, prison costs are expected to rise to 30 percent of the Department of Justice's budget by the year 2020.

Davidson Freeway at Oakland Exit

The ballot proposal by the group MI Legalize will put a major dent and spur a massive redirection of funds used to prosecute people for Marijuana crimes. The breakdown of the revenue that will be generated by this effort will direct 40% of all profits for transportation, 40% to the school aid fund, and 20% to cities and townships where the business is located. By voting in 2016 citizens can elect State of Reps that will introduce legislation to repeal the law that required people to carry Marijuana in the trunk of their car like a weapon.  This one law is responsible for many arrests, and convictions of Michigan Citizens was endorsed by prosecutors and a few mis-guided Michigan State Senators who were “influenced” by Attorney General Bill Schuette and, the Michigan Sherriff’s Association.

Citizens can finally force the Department of Licensing and Regulatory Affairs (www.michigan.gov/mmp) to place a picture on the Medical Marijuana card after 6 years of operating the program, calling an end to the legislative buffoonery when it comes to Information Technology. While other states like Arizona allow you to upload a passport like picture, Michigan officials are woefully lacking and intentionally slacking off to sabotage the Michigan Medical Marijuana Act, one of Michigan’s only profit making programs in State Government.

If Marijuana is to become legal then, we want our citizens of all races, religions, spiritual beliefs, political or sexual preference, etc. to have an equal opportunity to participate in this industry.   Based on population as of 2014, Michigan has 80% more citizens at 9 million residents than Colorado has at 5 million residents. Therefore, Michigan will make more money than Colorado from the legalization of Marijuana. Schools, Roads, and Retirees will benefit because a City or County Government can fund pension programs and defray the cost of their healthcare by diverting the 20% of profits into the pension system.

This effort needs 302,400 signatures to be collected by circulators who are gathering signatures from REGISTERED voters.  If you are not registered to vote please do so ASAP.  If you are a felon or know a felon who is NOT inside of a correctional facility, please inform them that they are eligible to vote. This is the non-violent social change that Dr. Martin Luther King was advocating when he was alive and when people got beat up on a bridge to get the right to participate in their government.

For more information  about this legalization effort, please visit the www.milegalize.com website.

For a list of 2016 Presidential Candidates please visit this link: 

https://www.mpp.org/2016-presidential-candidates/

Source:

http://www.washingtonpost.com/blogs/wonkblog/wp/2013/08/13/wonkbook-11-facts-about-americas-prison-population/

Taking Steps to Make Detroit a Better City: The Riverfront Park 2015 Status Report

Riverside Park is being redeveloped with a plan to reopen

One of Councilman Cushingberry’s goals when he got hired by the people was to reopen Riverside Park for sustainable public use.  The announcement of the plans by Mayor Duggan is a culmination of effort with Alicia Bradford Director of the Department of Recreation and the Mayor’s office.

The agreement between the City of Detroit and the Ambassador Bridge Company is summarized as follows:

The Ambassador Bridge Company will give the City of Detroit 4.8 acers of prime water front property and $3 million dollars. Pending MDEQ and Detroit City Council approval, the $3 million will be immediately invested back into the park in our Phase 1 development plan starting fall 2015.

Starting fall 2015 the City will perform the following:

1. Convert an adjacent 3.4 acre parcel into park land.
2. Build a New Baseball Diamond, Soccer field and multi-use play areas.
3. Build a New Riverfront Playscape
4. Install new benches, picnic tables and shelter
5. Improve Waterfront Promenade and Landscaping

Future Plans for Riverside Park

Subject to approval of State and Federal regulators, the City of Detroit will give the bridge company title to 3 acres of undeveloped park land. Upon receiving title to the property the Bridge Company will give the City an additional $2 million dollars for the expansion of the park that includes a 100ft river-walk on the waterfront.  In addition to that, The Bridge Company will demolish the warehouse that is on 5 acre property adjacent to the park and grant development rights to the City of Detroit before the end of 2018.

Starting in 2018, the Phase II step includes the construction of waterfront property into Fisherman’s Overlook that will contain additional sea wall improvements, sidewalks, benches and extended promenade.

Once the Ambassador Bridge Company get additional approvals, the company intends to use the 3 acres to help them build a second span of the Ambassador Bridge next to the old bridge creating jobs, and spurring additional commerce and development in Detroit. Plans include restoring foot and bike traffic on the old bridge and, adding light rail transportation on the new one. The old bridge will be available for special events like parties and gatherings. Special rules will apply so that people will not dance in rhythm while they are standing on the span.

In addition to funding the expansion of Riverside Park, The Bridge Company has agreed to install 1000 windows in the vacant Michigan Central Train Station with an investment of more than $2 million dollars. While there will always be a few who are against the project because of a personal dislike for Mr. Maroun, the new publicly owned bridge should take care of the "Hate Maroun" crowd and, improve the Riverfront Park area at the same time. Given the resounding rejection of Proposal 1 to raise the State Sales Tax to fix the roads in May of 2015, alternative funding methods and business practices have to be considered in the Plan B, C, and D options for paying for a publicly owned bridge.

Contact your elected leaders that includes, President Obama, Senator Stabenow, Senator Peters, Gov. Snyder, Detroit City Council Members and the Mayor’s Offices to voice your support to beautify our City of Detroit.

Taking Democracy to the Hoop in Indiana - Peaceful Protest

by Richard Clement / The Friends of George Cushingberry Jr.


"Time for a Party with Sparty! Go State!"  - Councilmember Pro Tem George Cushingberry Jr.

"Go Green!, Go White!"  - KB Stallworth

The recent actions by Lawmakers in Indiana to allow discrimination based on Sexual preference has created an opportunity to rebuke the War on Drugs.    A strong legal argument has been created for people who use cannabis as a part of their religion.   Yes discrimination is wrong and disrespectful to the person being discriminated against.  However, the law of unintended consequences has a silver lining of hope for people who want to put an end to it.

The case People of Guam vs Guerero (GSC Case #CRA99-025) upheld the right of an individual to use their religious sacrament without penalty of law. This 2000 decision by the Supreme Court of Guam affirmed the right of Benny Toves Guerrero to use cannabis as a part of his religious beliefs with the full protection of the Religious Freedom Act.   The starting paragraph from the legal brief affirms the basis of the decision:

“This is an appeal of the Superior Court's(Superior Case #CF0001-91) dismissal of an indictment upon motion of the Defendant, Benny Toves Guerrero. We find that the criminal statute at issue in this case, as applied to this Defendant, substantially infringes upon the Defendant's right to the free exercise of his religion as protected by the United States Constitution and the Organic Act of Guam. We conclude that the Religious Freedom Restoration Act may be applicable to Guam. Moreover, we hold that, even if it were not, in circumstances where a fundamental right is substantially infringed, the government must demonstrate both that the infringement is justified by a compelling interest and that it is the least restrictive means of achieving that objective. Therefore, we affirm the trial court's dismissal of the instant action.”

The Citizens of the City of Detroit, State of Michigan, Michigan State University fans, Indiana Chapter of the National Organization for the Reform of Marijuana Laws, Rastafarians, along with other organizations and believers, do not support Discrimination in any weight, shape, or form.

Fans of Michigan State University and citizens who are against selective treatment shall protest in a peaceful manner by using their religious sacrament in support of the protests against the true intent of the law to place harmful treatment of an individual or organization because of their lifestyle. Other methods include joining the 1^st Church of Cannabis for a day while you are in Indianapolis, Ann Arbor, or East Lansing on Saturday April 4^th for a day.  Finding a LGBT or person of a different race, culture, etc. to worship with this Saturday with their religious sacrament will send a strong message of disapproval.

(click here for more information on how to join the church)

The recent action by the State of Indiana affirmed the spiritual belief that good can come out of evil intent. The will of the people will prevail and with all of that farmland in Indiana, the farming community will rise up and grown industrial hemp for economic growth like Michigan. They will also wise up and make laws decriminalizing the possession and use at a State level and, prod their buddies of faith in Washington to remove it from the Controlled Substances List on the Federal level so that President Obama can sign it into law before he leaves office. 

When that happens, anyone who is in incarceration for cannabis in Indiana and the rest of America will be immediately removed from Federal, State, County, and Local institutions within 30 seconds after the act is signed into law. They must vacate the premises in one hour or be issued a ticket for loitering by a corrections officer.  This action will expunge a criminal record restoring voting rights and, will have the full effect of a Presidential Pardon.

Protecting the Retired after Bankruptcy with the Membership

By Richard C. Clement


Question:

What should Members do to protect their pensions from being exploited?

Answer:

Be sure to monitor board proceedings and monthly statements regarding money management, and health care regarding the clawback feature of your benefits. As a part of the bankruptcy settlement, all that was taken from the retirees will be restored once the balance sheet shows a profit. All Americans must have health care as required by law. Therefore with the clawback feature of the Voluntary Employee Benefits Agreement (VEBA), retirees can ask for things like lower monthly premiums on their Affordable Care Act health insurance, $5.00 flat rate co-pay or, other incentives decided upon by the membership. 

To make this work, you must also go to meetings and participate. If you are not able to attend, you may want to consider having an advocate group or someone who has the time to monitor the accounting on the behalf of the groups. This would fully protect the Police and Fire Fighters who do not pay into Social Security and, General Retirees who do pay into Social Security and got screwed also. Therefore we must think outside the box and, in some cases just totally forget a box and think like a ball.

What is clawback?

One proposal is to use the clawback feature of the VEBA to look at alternative funding for City retirees health care and cost of living changes beyond their control.  With the language of Michigan Senate Bills 4271, 5104, 5439, and 5440, revenue from Provisioning Centers, Safe Testing Facilities and Industrial Hemp development (click here to see a hempcrete home) can be approved to fund retiree health care costs.  States like Colorado and Washington have generated over $300+ million dollars in revenue from Marijuana sales and agricultural Industrial Hemp development.

Products like concrete for bricks and drywall will help build homes and business from Industrial Hemp or the Male Cannabis plant. An investment into new construction projects like redesigning and reopening City Airport for Commercial air traffic is a proposal that will help generate revenue in the form of new business and blight elimination.  Trade schools encouraging public service jobs for youth and people in general who want a trade, job, or career is a sound investment in the future with pension funds. Why? because you need new business and skilled people to pay into the fund and, that requires knowledge and a well-paying job.  The late Mayor Coleman Young once said that solution to progress in Detroit is a well-paying job with a living wage.  This business plan worked for Henry Ford and, now we have to work a new plan for the City of Detroit.

With the recent federal convictions of prior pension board managers, we feel that the eyes of pension participants is of the utmost importance. Councilmember Pro-Tem Cushingberry Jr. welcomes the FBI, GAO, M.L. Elrick, Sharon Epperson, and anyone else who want to inspect the books of the City of Detroit regarding investments and money management. The retirees will never ever have to put up with this again without their knowledge. In other words the City of Detroit is welcoming you to look at the books and, one day it will be online in real time. With liberty and financial justice for all.

Stay tuned.