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Showing posts with label PUBLIC OFFICIAL. Show all posts
Showing posts with label PUBLIC OFFICIAL. 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
 

Friday, July 11, 2014

LEGAL DEFINITIONS FOR TODAY: MISAPPROPRIATION AND/OR MISUSE OF PUBLIC FUNDS

Question?

Can a governing body or government official take money or property given to it by another governing body that is meant for a specific purpose and use it for something else?
 

Ex: Money given to local government by state/county/fed for capital improvements - Can that money be used for something other than capital improvements?
    Related:
Ex: Money given by taxpayers of a local government for the express purpose of paying for recycling bottles/cans/etc - Can that money be used for something other than recycling?

 
These are questions a city council might be concerned with.

---------------------------------------------------------------------------------
Definitions, etc for guidance on questions related to misuse or misappropriation of funds/property/public funds/public property.


Misappropriation n. the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate, or by any person with a responsibility to care for and protect another's assets (a fiduciary duty). It is a felony.



Misappropriation of public funds:
Public Funds may not be used for personal purposes. 




Misuse of public funds: 

(a) Each officer of this state, or of any county, city, town, or district of this state, and every other person charged with the receipt, safekeeping, transfer, or disbursement of public moneys, who either:
1. Without authority of law, appropriates the same, or any portion thereof, to his or her own use, or to the use of another; or,
2. Loans the same or any portion thereof; makes any profit out of, or uses the same for any purpose not authorized by law; or,
3. Knowingly keeps any false account, or makes any false entry or erasure in any account of or relating to the same; or,
4. Fraudulently alters, falsifies, conceals, destroys, or obliterates any account; or,
5. Willfully refuses or omits to pay over, on demand, any public moneys in his or her hands, upon the presentation of a draft, order, or warrant drawn upon these moneys by competent authority; or,
6. Willfully omits to transfer the same, when transfer is required by law; or,
7. Willfully omits or refuses to pay over to any officer or person authorized by law to receive the same, any money received by him or her under any duty imposed by law so to pay over the same
(b) As used in this section, "public moneys" includes the proceeds derived from the sale of bonds or other evidence or indebtedness authorized by the legislative body of any city, county, district, or public agency.



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Key areas that might uncover misappropriation/misuse/fraud revolve around:
  •  contracts and the rewarding of contracts
  •  monies used by public officials/employees to purchase items
  •  the movement of money from one fund to another
  •  gifts
  •  travel, tips, meals
  •  interest earned
  •  bonuses
  •  pay raises, particularly unauthorized pay raises
  •  fringe benefits
  •  items marked as "other"
  •  hiring
  •  ticket-fixing
  •  areas where there are a  conflict of interest
  •  expenditures of public funds in election campaigns
  •  failure to record monies
  •  use of public employees for private benefit
  •  unauthorized/non-paid use of public property for private/campaign use [ex. billboard    leases]*
  •  failures to reimburse**

 
Always be suspicious when public employees/public officials don't answer pertinent questions that they should know the answers to (and it's within their area of expertise and/or job description). If you help pay that public employee's salary, it is unacceptable to not receive an answer, and there should be legal/acceptable consequences to follow. 

Related





  
 





126.08 Director of budget and management - powers and duties.


 Side note:
Leadership:  A leader must shift from “having the answers” to “asking the right questions” as a means to broaden and deepen the problem solving capabilities of their teams.

Tuesday, March 18, 2014

DEPRIVATION OF RIGHTS UNDER COLOR OF LAW

DEPRIVATION OF RIGHTS UNDER COLOR OF LAW

 
 

"Summary:

    Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
 
 
For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.
 
 
    The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any."