Carrier didn't need license to peddle papers, lawyer concedes
DETROIT
THE FLINT JOURNAL FIRST EDITION
Wednesday, June 14, 2006
By Robert Snell
rsnell@flintjournal.com • 810.766.6302

DETROIT - Flint City Attorney Trachelle Young conceded in federal court Tuesday that a Flint Journal carrier did not need a license to deliver newspapers in City Hall - an admission that appears to strip Mayor Don Williamson of the justification used to detain the carrier two years ago.

Young, acting as Williamson's attorney, was in U.S. District Court along with another lawyer trying to persuade a judge to dismiss a lawsuit filed by the carrier, Thomas D. Hansen, 59, of Burton.

Hansen sued after he was detained and questioned by police at the mayor's urging in September 2004 while delivering The Journal to subscribers in City Hall. Williamson demanded to see a peddler's license and to know the names of Hansen's subscribers. When Hansen refused to tell him, Williamson called police.

Hansen is suing for money damages, court injunctions to prevent Williamson from stopping him again and a declaration that Williamson's acts were unconstitutional.

Young's admission about the license, made while questioning by the judge, is significant because it shows there was no probable cause to have Hansen detained and questioned by police, Hansen's attorney Greg Gibbs said.

"I am cautiously optimistic" the case will not be dismissed, said Gibbs, a Flint-based lawyer with the American Civil Liberties Union.

Judge Victoria Roberts did not rule on the case, but the city expects a decision soon. If the case is not dismissed, an Aug. 15 jury trial is set.

Hansen's attorney argued that the man was merely delivering newspapers to subscribers, but Young said Hansen had sold copies to nonsubscribers previously.

William Reising, who is defending the city, does not believe Hansen was merely delivering newspapers.

"He was in fact able to and would have sold to anyone," Reising said.

Hansen would sell to nonsubscribers if someone asked, but he was not hawking newspapers, Gibbs told the judge.

"Extra! Extra! Read all about it! That's not what he was doing," Gibbs said.

The mayor, who did not attend the hearing Tuesday, used Hansen as a way to retaliate against the newspaper for its editorial coverage during the 2003 election, Gibbs argued.

He pointed to Williamson's policy banning city employees from nonwork reading material, including newspapers, during work hours and the mayor's boycott of the paper and its advertisers. Hansen's First Amendment rights were not violated because the policy was a reasonable restriction of speech in a nonpublic place, Reising said.

Young argued the policy was fair because it did not single out The Journal or any other publication.

City offices and departments are not public places and the First Amendment does not guarantee access to government property, Reising argued, citing case law.

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Fired pension boss at center of overpayments
FLINT
THE FLINT JOURNAL FIRST EDITION
Wednesday, June 21, 2006
By Robert Snell
rsnell@flintjournal.com • 810.766.6302
QUICK TAKE
Pension fight

The city of Flint has corrected a miscalculated pension for former city employee Linda Davis, who is not scheduled to receive it until 2016. Here are four other city retirees and the amounts they owe in overpayments, according to city records:

$160,319: City Council staffer Kay Tereau

$149,454: Police Officer William O. Kelly III

$9,667: City Council staffer Debbie Cherwinski

$1,397: City Council staffer Sandra Stearns

Source: City of Flint

FLINT - A former pension supervisor fired two years ago for making a $3-million error was the person who calculated the pensions of four retirees at the center of an ongoing pension scandal, the city attorney said Tuesday.

The city is investigating how and why four retirees have collectively received almost $321,000 in overpayments that were calculated by former pension supervisor Lisa DeDolph.

DeDolph was fired in February 2004 after the city accused her of miscalculating the amount it would cost employees to buy extra service time to count toward retirement.

"She seems to be a key factor," City Attorney Trachelle Young said. "Whether fraud was involved or it was simply someone didn't check (the figures), we don't know."

DeDolph could not be reached for comment Tuesday by The Flint Journal.

City police are investigating how the pensions were calculated and whether there was any criminal wrongdoing, as Mayor Don Williamson has alleged in the past.

A hearing for the four retirees Tuesday was canceled and has not been rescheduled, said Greg Gibbs, the retirees' attorney. A hearing will give them a chance to fight the city's plan to slash their monthly pensions.

Last month, a Genesee County Circuit Court judge blocked the city's attempt to withhold pension checks before the retirees have a hearing.

Gibbs said the retirees, who retired between 1998 and 2002, believe they are being paid appropriately and that there were no miscalculations.

If they are being paid more money than they deserve, the city shouldn't be allowed to reduce their pensions, he added.

"Who should pay for the mistake?" Gibbs said. "It's just not right for the city to say 'we made a mistake. Too bad. You're out of luck.' It's just outrageous."

The city has a duty to correct the miscalculations and reclaim the money, said Young, who doesn't agree that the city should continue paying what she believes are inflated pensions.

"I don't go along with that argument," Young said.

Meanwhile, the city recently received a report from an outside firm listing the amount of money that could be cut from the retirees' pensions in order to recoup overpayments.

The list follows:

Retired City Council staffer Kay Tereau receives $21,872 a year now. Under a repayment plan, her pension would be cut to about $7,300 a year until age 66. Afterward, she would get about $3,500 a year.

Retired police Officer William O. Kelly III receives $38,300 now. A repayment plan would cut it to $27,000 a year for life.

Retired City Council staffer Debbie Cherwinski receives $42,000 a year now. Under a repayment plan, her pension would be almost $724 a year less for life.

Retired City Council staffer Sandra Stearns receives $27,122 a year now, and a repayment plan would cut her pension by $112 a year for life.

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Carrier's suit against mayor upheld, but Flint is exempt
FLINT
THE FLINT JOURNAL FIRST EDITION
Wednesday, June 21, 2006
By Robert Snell
rsnell@flintjournal.com • 810.766.6302
FLINT - A federal judge Tuesday dismissed a lawsuit filed by a Flint Journal newspaper carrier against the city, but the lawsuit can continue, in part, against Mayor Don Williamson.

U.S. District Judge Victoria Roberts issued a split judgment that spares the city any liability in a September 2004 confrontation between the mayor and newspaper carrier Thomas D. Hansen, 59, of Burton.

Williamson won a partial victory when the judge dismissed Hansen's claim that the mayor had him arrested at City Hall for failing to identify his subscribers.

But an Aug. 15 jury trial can continue on charges that the mayor violated Hansen's constitutional rights not to be arrested without probable cause.

The case also can proceed on questions of whether there was a violation of Hansen's First Amendment right to challenge authority and distribute newspapers.

Hansen failed to prove his constitutional rights were violated directly because of the mayor's executive order prohibiting city employees from reading or storing newspapers at City Hall, the judge decided.

Hansen is suing for money damages, court injunctions to prevent Williamson from stopping him again and a declaration that Williamson's acts were unconstitutional.

The lawsuit dates to September 2004 when Williamson spotted Hansen delivering newspapers to City Hall subscribers. The mayor called police and demanded they arrest Hansen, according to the lawsuit.

Williamson demanded to see Hansen's peddler's license - which he was not required to carry because he was primarily delivering, not selling, newspapers.

That was significant because it stripped officers of having probable cause to detain and question Hansen - an act that constituted an arrest, the judge wrote.

Williamson should have known that instigating a false arrest violated the Fourth Amendment, Roberts wrote.

There is evidence suggesting the mayor was selectively enforcing the peddler's ordinance to hurt The Journal, the judge wrote.

Williamson has criticized the newspaper's coverage and had called for a boycott of the paper and its advertisers since shortly after his election in November 2003.

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City to settle lawsuit with Journal carrier
By Robert Snell
rsnell@flintjournal.com • 810.766.6302


FLINT — The city will pay $150,000 to settle a lawsuit filed by a Flint Journal newspaper carrier who was arrested at the mayor's request while delivering papers at City Hall.

The settlement, subject to City Council approval next month, would end a case that drew statewide attention and raised questions about whether the mayor violated carrier Thomas D. Hansen’s constitutional rights during the September 2004 incident.

The proposed settlement comes eight days after a judge said Williamson should have known that instigating a false arrest violated the Fourth Amendment.

Williamson said in a statement that he did not intend to violate the Burton man’s rights, while labeling the lawsuit “a stickup against the city.”

“The reason he settled is because he acted like a bully and a jury would have found the same thing and punished him like a bully,” said Hansen’s attorney, Greg Gibbs, a Flint-based lawyer with the American Civil Liberties Union of Michigan. “It’s too bad he made a stupid comment like that.”

City Attorney Trachelle Young said the city settled to “put this distraction behind us,” and avoid potentially paying attorney fees of more than $200,000.

Under the settlement agreement, Hansen will receive $80,000 and the rest goes to his attorneys.

On June 20, U.S. District Judge Victoria Roberts dismissed the city from the lawsuit and dismissed a claim that Williamson had Hansen arrested at City Hall for failing to identify his subscribers.

“I thought the case should have been dismissed in its entirety...,” Young said in a statement.

The Don should have voters' back

A few columns back, I wrote that Mayor Don Williamson - aka "The Don" (trademark pending) - should settle out of court with the Flint Journal carrier who, for some bizarre reason, was upset at the mayor for having him arrested in 2004 for the high noncrime of delivering newspapers to customers at City Hall.

Doing so, I reasoned, would reassure Flint voters that a new and improved Don was large and in charge, a Don who can admit to a mistake, one who is more reasonable, less volatile.

Lo and behold, I picked up the paper a few days ago and the headline said, "Journal carrier's suit against mayor settled."

Wow, I thought, the man's listening to me! That's great. He must have read what I wrote, seen the sheer inviolable sense of it and acted accordingly.

"Guess he's turned over a new leaf," I thought. "And it's all because of me. I'll bet a nice thank you card is on its way."

Then I read the story.

Yes, the mayor and the carrier have reached a tentative settlement, but it's a settlement that could cost taxpayers a chunk of change if the City Council signs off on it next month.

Which I hope it won't do.

As the deal stands, the carrier will get $150,000 from the city.

The Don's cost: Zip, zilch, nada.

But wait a second, you're saying. How can that be? Didn't a judge recently dismiss the city from the lawsuit? And didn't that same judge say the lawsuit could continue against the mayor?

Yes.

So what gives? How'd the city get reinvolved? And why should taxpayers pay for the mayor's temper tantrum?

I asked Greg Gibbs, the carrier's attorney, and he said he didn't know. He didn't ask for the city to be on the hook for the money.

"If the mayor wants to pay it, we have no objection," he said.

But that doesn't look as if it's going to happen.

I called Trachelle Young, the city attorney, and she said the city will pay because the mayor's actions were "within the scope" of his employment.

Meaning: You pay for his bad behavior. (Which, by the way, he won't even admit to, according to a statement he released following the settlement. He denied any wrongdoing and called the lawsuit a "stickup.")

Outrageous? Sure. In my mind, anyway. But then maybe The Don feels justified in sticking taxpayers with the tab because he doesn't take a salary.

Whatever the case, could you blame Flintoids for being annoyed?

I could, actually. They elected him.

When you elect a loose cannon, you hardly can be surprised when it breaks loose and rolls over someone's foot, now can you?

Listen to the Come Heller High Water radio show, with co-host Norma Hall, weekday mornings from 7-9 on WFNT-AM (1470).

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Flint to pay arrested carrier $150,000

Settlement ends dispute over Journal

June 29, 2006

Council reluctantly agrees to pay $150,000 to Flint Journal carrier

FLINT - Faced with paying $150,000 now to settle a lawsuit involving the mayor and a Flint Journal newspaper carrier or perhaps paying more after an August trial, Flint City Council members decided to pay now.

But that doesn't mean they were happy about it.

A conflicted council Wednesday approved the settlement that ends a controversial constitutional case stemming from a squabble between Mayor Don Williamson and Thomas D. Hansen of Burton. Hansen was arrested at the mayor's urging in September 2004 while delivering newspapers to City Hall subscribers.

Hansen sued, and the federal judge assigned to the case ruled last month that police did not have probable cause to arrest him. The ruling left the city liable for the mayor's official actions, which are protected by an obscure city ordinance insulating public officials from civil judgments.

The settlement, which several people said should have been paid by the millionaire mayor, was painful to approve, some council members said.

"I'm not happy with any of this," Councilwoman Jackie Poplar said. "It's a Catch-22. It's an atrocity."

Williamson could not be reached for comment by The Flint Journal.

The mayor believed Hansen needed a peddler's license to deliver newspapers, which a federal judge later ruled was incorrect.

City Attorney Trachelle Young said the city likely was going to pay if the case went to trial, and the settlement is less than what Hansen's lawyers could be awarded in attorney fees. If council members rejected the settlement, they risked exposing the city to higher costs, Young said.

"It's going to be taken care of, now or later. If it's later, that's more of your money," Councilman Kerry Nelson said, addressing a crowd of about 40 people during an occasionally heated meeting.

Councilwoman Carolyn Sims dismissed the excuse that the council was simply minimizing the city's potential liability.

"The liability sits on the first floor of this building," she said, referring to Williamson's office.

The settlement comes three weeks after U.S. District Judge Victoria Roberts dismissed the city from the lawsuit and dismissed one claim that the mayor had Hansen arrested for failing to identify his subscribers.

Williamson will avoid an Aug. 15 jury trial that would have focused on whether he violated Hansen's Fourth Amendment right to be free from unreasonable seizures.

Roberts also ruled there was evidence the mayor was selectively enforcing the peddler's license to punish The Flint Journal for its editorial coverage.

Several residents faulted Williamson's behavior.

"I think the mayor was being unreasonable and unreasoning for having someone arrested for doing their job," Diane Blassingame told council members. "I feel taxpayers should not be accountable for his unreasonable acts."

Williamson also was faulted by Councilwoman Sandy Hill.

"Did the mayor do wrong? Yes, I believe he did wrong," she said, though she supported paying the settlement to spare potentially higher costs.

Councilman Jim Ananich questioned whether the city had exhausted its legal options before agreeing to such a high settlement.

"My conscience and my constituents require me to vote no," he said.

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