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Showing posts with label CONSTITUTIONAL ISSUES. Show all posts
Showing posts with label CONSTITUTIONAL ISSUES. Show all posts

Thursday, July 24, 2014

DOES MAPLE HEIGHTS CITY COUNCIL NEED ITS OWN ATTORNEY?

What happens when members of a city council feel harassed or threatened by another public official? Who can they go to? 


What if there's a pattern of abuse or intimidation, who do they turn to?


These are questions a city council may want to ask, because it seems it's not quite clear who represents who down at Maple Heights City Hall.


There are federal authorities that do handle what's called "deprivation of rights under color of law" abuses.


As stated regarding "Color of Law Abuses":

"U.S. law enforcement officers and other officials like judges, prosecutors, and security guards have been given tremendous power by local, state, and federal government agencies—authority they must have to enforce the law and ensure justice in our country. These powers include the authority to detain and arrest suspects, to search and seize property, to bring criminal charges, to make rulings in court, and to use deadly force in certain situations.
 

Preventing abuse of this authority, however, is equally necessary to the health of our nation’s democracy. That’s why it’s a federal crime for anyone acting under “color of law” willfully to deprive or conspire to deprive a person of a right protected by the Constitution or U.S. law. “Color of law” simply means that the person is using authority given to him or her by a local, state, or federal government agency.
 

The FBI is the lead federal agency for investigating color of law abuses, which include acts carried out by government officials operating both within and beyond the limits of their lawful authority. Off-duty conduct may be covered if the perpetrator asserted his or her official status in some way.
 

During 2012, 42 percent of the FBI’s total civil rights caseload involved color of law issues—there were 380 color of law cases opened during the year. Most of the cases involved crimes that fell into into five broad areas:

continued HERE


There are also court rulings regarding suits against public employers for retaliation, COERCION OF A PUBLIC SERVANT OR VOTER, etc etc etc


And there are freedom of speech issues.


So again we ask, does a city council need its own special attorney chosen by them; and do individuals on a city council need their own attorney?

Related:

Intimidation (wiki)

Intimidation

City Council moves to hire its own lawyer November 4, 2013

Council Calls For Independent Attorney November 15, 2006
 

Wednesday, June 11, 2014

MAPLE HEIGHTS IGNORES KEY ISSUES REGARDING ITS RECENT DECISIONS AND NEGOTIATIONS



Why would a city open itself up to a potential litany of lawsuits and other legal problems when it is already in fiscal watch?
The use of traffic enforcement (such as red light and speed) cameras (in many cities and states)  is under fire for being unconstitutional.  In addition to, and at issue 1. where the cameras are used (in too many instances, predominantly poor and/or heavily minority areas)  2. the fact the registered car owner  (who may not be the driver) is cited  3. the appeal process (of appealing the traffic ticket)  4. Green Light Yellow Light Traps  5.  *Harm to the local economy  6. Photo radar/red light/speed cameras where the speed changes abruptly, and then 7. there's the issue with speed and red light camera errors [see also***] [and also ****]

And of course there's the  the whole safety vs revenue generation debate regarding the use of traffic enforcement cameras.

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Side notes REGARDING BUSINESSES AND CONTRACTORS (LIKE PHOTO ENFORCEMENT EQUIPMENT COMPANIES) HIRED BY MAPLE HEIGHTS:
[Maple Heights is a predominantly African American city with predominantly African American taxpayers (who pay sales taxes, income taxes, property taxes).  Their money and other public (tax payer) monies go to hiring contractors, yet we see time and time again, African Americans being left out of the picture when it comes to hiring/training.  It is felt that contractors are predominantly of European ancestry, most  (it's) felt have no or very little" African American staff/workers, and (and it appears that) tend to get away with no insistence by city officials that the contractor show  minority paid participation/labor or the willingness to provide training to minorities.]  

Finally at issue is where private and public money circulates.  It has been proven that communities/cities, where money circulates within the community/city, do better financially.  Maple Heights has a high unemployment rate (9.8%), over burdened tax payers, not enough locally owned businesses, and  to have a lot of money flowing outside the city  is  detrimental to Maple Heights local economy.   [see: Related articles regarding money circulation below]
Unfortunately, it's felt that Maple Heights city council [and remember Maple Heights is under fiscal watch ] rarely if ever thinks  about  these facts  when making decisions about the disbursement of money.  Heck, do they even understand the principle of local money circulation?