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City of Warren Council 5th District Candidates Challenges 

 

Tuesday 23 May 2023 

 

I have formally filed official challenges against the following candidates for the City of Warren Council 5th District office. 

 

I have supplied the corresponding evidence independently obtained from an online licensed private investigation firm. 

 

I have timely and lawfully submitted my candidate challenges to the City of Warren Clerk Sonja Buffa of the City of Warren Elections Commission, City of Warren City Attorney Ethan Vinson and Deputy Attorney Mary Michaels, and City of Warren Mayor's Office. 

 

My candidate challenges were submitted to all of you on Friday 05 May 2023 prior to the Monday 08 May 2023 deadline. 

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City Charter of Warren Chapter 13. Elections

Sec. 13.15 General powers and duties. 

" The elections commission shall have power and it shall be its duty : "  

Clause 7 page 87 

" To make complaint and to prosecute any person whom the commission shall have good cause to believe has been guilty of violation of the election law " 

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City Charter of Warren Chapter 2. Definitions and General Provisions 

Sec. 2.6 Penalties for violations of charter. 

" Any person found guilty of an act constituting a violation of this charter may be punished by a fine which, in addition to court costs charged to him, shall not exceed five hundred dollars or imprisonment for not more than ninety days, or by both such fine and imprisonment, in the discretion of the court. Imprisonment for violations of this charter may be in the city or the county jail, or in any work house of the state which is authorized by law to receive prisoners of the city. This section shall not operate to limit or prejudice the power to remove officers or discharge employees as provided in this charter. " 

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As of today Tuesday 23 May 2023 I was not afforded a legal opportunity for a public hearing concerning these candidate challenges. 

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As a result of the criminal actions by the City of Warren Clerk I have filed a criminal complaint report # 230029757 with the City of Warren Department of Police on Tuesday 06 May 2023 at 14:29 hours PM 

 

This criminal complaint was forwarded to Sheriff's Investigator Detective

Sergeant David Crabtree from the County of Macomb. 

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City of Warren Budgetary Process and Open Meeting Act Violations Narrative 

 

Monday 15 May 2023 

 

On the weekend of Saturday 06 May 2023 and Sunday 07 May 2023 the City of Warren Council Officers : Secretary Melinda Moore (D), President Patrick Green (D), Vice President Garry Watts (D), and Assistant Secretary Jonathon Lafferty (D) all conducted a quorum meeting at Secretary Melinda Moore's residence in violation of the city charter. 

 

The City of Warren Council Officers were conducting a queried meeting concerning the City of Warren budgetary process absent of the remaining three council members and without audience public participation.

 

No public meeting notice was issued. No public meeting agenda was posted. No public meeting minutes were taken. No public accommodations were made for the physically challenged to include the public participation in the budgetary process. 

 

As per the City Charter of Warren : 

Chapter 5. The City Council Sec. 5.1 The city council. (d) page 26 " Four(4) members of the city council shall constitute a quorum. " 

Chapter 5. The City Council Sec. 5.3 Meetings of the council. (b) page 26 and page 27 " Special meetings of the council shall be held at the regular meeting place of the council. Special meetings shall be called by the secretary of the council on the written request of the mayor or any three members of the council, on at least six hours written notice to each member of the council, designating the time and purpose of such meeting, and served personally on each member of the council, or left at his usual place of residence by the secretary of the council or by someone designated by him. " 

Chapter 5. The City Council Sec. 5.3 Meetings of the council. (d) page 27 " All regular and special meetings of the council shall be public meeting and the public shall have a reasonable opportunity to be heard. " 

 

As per the State Constitution of Michigan of 1963 : 

Article VII Sec. 32, " Any county township, city, village, authority or school district empowered by the legislature or by this constitution to prepare budgets of estimated expenditures and revenues shall adopt such budgets only after a public hearing in a manner prescribed by law. " 

 

As per the Michigan Legislature : 

Open Meetings Act 267 of 1976, " An act to require certain meetings of certain public bodies to be open to the public; to require notice and the keeping of minutes of meetings; to provide for enforcement; to provide for invalidation of governmental decisions under certain circumstances; to provide penalties; and to repeal certain acts and parts of acts. " 

Section 15.264 : Public notice of meetings generally; contents; places of posting.

Section 15.265 : Public notice of regular meetings, change in schedule of regular meetings, rescheduled regular meetings, or special meetings; posting; statement of date, time, and place; website; recess or adjournment; emergency sessions; emergency public meeting; meeting in residential dwelling; limitations; notice; duration requirement.  

Section 15.269 : Minutes.

Section 15.269a : Sound recording of public meetings 

Section 15.270 : Decisions of public body; presumption; civil action to invalidate; jurisdiction; venue; reenactment of disputed decision. 

Section 15.271 : Civil action to compel compliance or enjoin noncompliance; commencement; venue; security not required; commencement of action for mandamus; court costs and attorney fees. 

Section 15.272 : Violation as misdemeanor; penalty.

Section 15.273 : Violation; liability. 

 

At a regular meeting of the City of Warren Council on Tuesday 09 May 2023, President Patrick Green (D), Vice President Garry Watts (D), Secretary Melinda Moore (D), Assistant Secretary Jonathon Lafferty (D), and Councilwoman Angela Rogensues (D) all conducted a vote of the council rules of procedures rule # 24. 

Council rules of procedures rule # 24 restricts the seating of the constituents during the public open meeting violating constituents civil rights and the Americans Disabilities Act in the tax payer funded public building. 

This is a deliberate act to squelch protected free speech of dissenting or opposing viewpoints of the public from vigorous debate amongst themselves. 

 

As per the Michigan Penal Code Act 328 of 1931 : 

MCL 750.505 Punishment for indictable common law offenses. 

" Any person who shall commit any indictable offense at the common law, for the punishment of which no provision is expressly made by any statute of this state, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 5 years or by fine of not more the $10,000.00, or both in the discretion of the court. " 

 

As per the Michigan Municipal League : 

Ethics Fact Sheet - Misconduct in Office by Public Officers 

Misconduct in office by a public officer is a common law offense subject to the provisions of MCLA 750.505 and MSA 28.773 

Malfeasance, misfeasance, and nonfeasance : 

The offense of misconduct in office includes malfeasance, which is the doing of a wrongful act. 

Misfeasance, which is the doing of a lawful act in a wrongful manner; and 

Nonfeasance which is the failure to perform an act required by the duties of the office. 

 

The primary function of President Patrick Green (D) as a City of Warren Council Officer is to preside over the City of Warren Council Meetings. 

 

On Thursday 02 March 2023 President Patrick Green (D) has filed an Affidavit of Identity and Receipt of Filing to campaign for City of Warren Mayor. 

Within Section 3 : Certification and acknowledgement, a statement of attestation by signing I acknowledge that making a false statement in this affidavit is perjury - a felony punishable by a fine up to $1,000 or imprisonment for up to five years and may result in disqualification from the ballot.  

 

As per the City Charter of Warren : 

Chapter 4. Officers Sec. 4.3 Certain persons ineligible for city office. (a) page 19 " A person who has been convicted of violating any provision of the election law of the state or of the city, or who has been convicted of a felony or of an offense involving a violation of his oath of office, or who is in default to the city, shall not be eligible for any city office. 

Chapter 4. Officers Sec. 4.3 Certain persons ineligible for city office. (b) page 19 " No person shall simultaneously hold two city offices or a city office and a city employment, nor shall any person simultaneously hold an elective city office and an elective county office and school district office. No person who holds and elective county or school district office shall be eligible to qualify for or to assume an elective city office to which he has been elected, until he first resigns from the elective county of school office held by him. 

 

President Patrick Green (D) signed the statement of attestation of qualified eligibility and yet violated the City Charter of Warren, the State Constitution of Michigan, the Open Meetings Act, and Misconduct in Office by Public Officer. 

 

As a result of the criminal actions by the City of Warren Council I have filed a criminal complaint reports # 230025421 and # 230031186 with the City of Warren Department of Police on Wednesday 10 May 2023 at 11:59 hours AM and Tuesday 06 May 2023 at 14:29 hours PM.

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This criminal complaint was forwarded to Sheriff's Detective Sergeant David Crabtree from the County of Macomb. 

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