City Attorney Matters
 

Will there really be a contest for mayor?
Brian James,
recently retired assistant city attorney, apparently intends to challenge incumbent Jim Ellison in the November election. Reactions range from, "I don't think he can collect the 500 signatures needed to be put on the ballot" to speculation that his insider status for several years may have provided him with material for exciting campaign soundbites. VersagiVoice has added James to the campaign page and will report or comment on developments. A mixture of thoughtful and superficial postings on www.royaloaksoundoff.com provides a sampling of first reactions to all this.

One, perhaps unfortunate, result of James's candidacy is that the City Attorney Office itself will become a factor in the campaign, especially as that office's history includes contention simultaneously and separately involving the District Court, the City Commission, the Administration, Department Heads, even residents.  --25 July 07


If the City Attorney Office becomes a campaign issue
Each time the City of Royal Oak gets in financial trouble, two departments quickly come into focus: Parks & Recreation and the City Attorney Office. The extreme positions are always the same: Eliminate Parks & Rec and Privatize legal services.

If retired Assistant City Attorney Brian James gets enough signatures to be eligible to run for mayor against incumbent Jim Ellison, the performance of the City Attorney Office is sure to become a campaign issue. Hence, this review and future follow-up reports and comments as appropriate.

Those with long memories will recall -- accurately or not, partisan or not, and in no particular order -- such matters as the following.

  • The Doctor Kevorkian trial
  • A sexual harassment incident
  • Alleged politically inappropriate letters from the judges to city hall
  • Disagreements re the use or not of legal advice about such issues as lot splits, the Easter Seals clubhouse for mentally ill, SOCCRA, the Library
  • Specific and generalized complaints from city department heads about less-than-helpful relationships with specific city attorneys and with the office as a whole. The city attorney's office has long been the suspected source of the popular/notorious and brilliantly satirical Royal Oak Zoo website which was online for a few months several years ago.
  • The unsuccessful attempt to remove then-City Attorney Chuck Semchena from office -- which some suggest led to the unionization of that office
  • The successful behind-the-scenes removal of then-City Manager Larry Doyle
  • If, when, and for what purposes to use outside counsel
  • Perennial budget arguments between City Hall and the District Court
  • Charges of too many "cozy relationships" between and among the District Court, the City Attorney Office, the City Commission, the Administration, Department Heads, even residents.

Unfortunately, to a much greater degree than is true of the conventional contention between CITCOM and the Administration, personality conflicts have played a role in hindering conflict resolution when the City Attorney Office is involved. So, depending to a large degree on whether James uses disciplined or petty tactics, the 2007 campaign, and not just for mayor, may become unseemly -- in which case Ellison will need to adopt a more aggressive demeanor than the gentlemanly one he displays chairing CITCOM meetings.

Whether and to what extent such issues arise during the 2007 campaign remains to be seen. This page and related pages will monitor those developments. -- 25 July 2007

Full Disclosure

(1) Currently, I serve on the Charter Review Committee, on which retired City Attorney Chuck Semchena also sits. Assistant City Attorney Mark Liss serves as the city's liaison to the committee.

(2) VersagiVoice published an interview with Brian James. The piece dealt with James' outside activities, primarily his Labor-focused radio show.

(3) I recall no direct interaction with Jim Marcinkowski, although I have reported about his activities (A search of this website for his last name will bring up several pages.)

At the margin: I was aware of Marcinkowski's vigorous assistance to my wife, Muriel, when County Drain Commissioner John McCulloch attempted to abort the installation of a handicap elevator at the Royal Oak Woman's Club. The city was involved because it had supplied some block grant funds for the project.

(4) I am in occasional contact with the current city attorney, Dave Gillam as a resource dealing with city matters, most recently in the search for the best way to provide voters with the power to dedicate the land to which the War Memorials have been moved..


2007 Election

Without naming them
Former City Attorney Marcinkowski criticizes Ellison, Donigan
As part of an emotively written tirade in which he warns that "'Labor Unions' and 'Democratic Party' are not synonymous or interchangeable terms,"
former Royal Oak Deputy City Attorney Jim Marcinkowski wrote:

I was a member of Teamsters Local 214 in Royal Oak. When the union was organized in 2003, the city commission was controlled by Republicans. The commission voted 6-1 in favor of the union. The dissenting vote? -- the now current state representative from Royal Oak, a DEMOCRAT! [Marie Donigan]

Fast forward to 2007 and you'll find that the Teamsters bargaining unit in Royal Oak no longer exists. Why? Because the mayor, a DEMOCRAT, [Jim Ellison] led the charge to hire a law firm to destroy it!

The thrust of Marcinkowsi's long article in the 17 August 2007 issue of The Building Tradesman, a newspaper serving building trade unions statewide, is that organized labor must demand "litmus test" loyalty on economic issues from even local candidates. He warns against compromise with candidates who "are with us on most issues." Forget social issues like gun control land abortion. "Labor must have a singular interest above all others, the economic best interest of the working middle class."

"We are at war," he maintains and "The enemy is the entire Republican party, some Democrats, and some union members who place their personal political priorities over those of the union in general."