Bing is IN and Barrow Knocked OUT: Barrow says, "I lost and I've accepted this!"

According to the Detroit News at about 2am, Monday, 21st of December, 2009, "Tom Barrow is calling for the Detroit Board of Canvassers to resign [afer] a full investigation into the Nov. 3 election [in which] the Wayne County Board of Canvassers ruled that none of the 41,485 absentee ballots will be recounted after issues were uncovered with security seals on some ballot boxes. This was 20,000 less than what was reported to this writer by on Saturday evening, when a call was put through to confirm the veracity of what was stated on Tom Barrow's FB page.

Garfield, never mentioned to this writer any number less than 60,000 on Saturday evening and gave the impression that unvetted votes would be in limbo, whereas it has been reported in the News, that any unvetted votes would be construed as being properly casted.

It seems all the crying and yelping is about process if you now listen to the new tune of Barrow. Sure, process is supposed to be fair and admittedly some seals from the voting Machines did not match what was in the books according to the report in the News. But it seems Janice Winfrey and Daniel Baxter receive a passing grade and their professional conduct or management oversight does not seem to fall under a cloud of suspicion any longer-in this writer's mind. Since Barrow has conceded.

However the Election Law expert in the Detroit News-explained 'if a ballot cannot be recounted due to whatever the reason-that is, it cannot be re-assessed, then the original determing vote stands. Meaning any vote for Bing that could not be recounted stays with Bing and likewise for Tom Barrow. That being the case, Barrow is knocked out flat cold, not by TKO or decision, but by unanimous consent from all three judges: Bing, the Board of Canvassers and Barrow.

It seems at press time the Michigan Municipal League is calling for an ad hoc work group to look at a need for widespread ethics. It wants to parnter strategically with the Municipal Attorneys to help tweak theoretical ethics into practiceable tenets. Surely, Detroit is at the top of that list! Pugh has said he wants to hash out some ethics language the Council can go by.

But the Charter already has said provisions, according to the research this writer has conducted perusing the current Home Rule Charter for the City of Detroit.

Sec. 2-106 Standards of Conduct

1.)
"The use of public office for private gain is prohibited. The City Council shall implement this prohibition by ordinance, consistent with state law. The ordinance shall contain appropriate penalities for violation of its provisions. The ordinance shall provide for the reasonable disclosure of substantial financial interests held by any elective officer, appointee, or employee who regularly exercises significant authority of solicitation, negotiation, approval, amendment, performance or renewal of city contracts, and in real property which is subject to a governmental decision by the city or any agency of the city. The ordinance shall prohibit actions
elected officers, appointees, and employees which create the appearance of impropriety."
2.)
"An independent Board of Ethics is created. The Board of Ethics shall consists of seven (7) members."

a.)
"Five (5) members of the public who are appointed by the Mayor, with the advice and consent of the city council, which shall not be reasonably be withheld; [this has been the problem thus far over the years]"
b.)
"The Corporation Counsel, and"
c.)
"The Director of the Department of Human Resources"

In section two it calls for Forfeiture of an office or appointment if charged with a felony (but does not say that a person will lose their job if convicted of a felony while employed. The Board of Ethics members may not be employees or elected official or appointees. They can only serve without pay. They have the authority to compell consultation with any employee, appointee or elected official it deems necessary.

During the Kwame Kilpatrick scandal this writer does not recall a Board of Ethics convening and mandating consultation from the Council or the Mayor or any appointee. This writer is not even sure who serves on said Board of Ethics over the last few years or if the Mayor appointeed the HR Director and Corporate Counsel to thereon serve (e.g., Sharon McPhail, Mr. Johnson both served as Corporate Counsel if he is not mistaken).

In closing, unless Dave Bing can start to consolidate the 37 Departments and agencies soon, begging for money from Wall Street and getting approval to do so from the State of Michigan will be for naught because if the Republicans capture Lansing in full-there might be an Emergency Financial Manager later if not sooner depending on budgets over the next year or two.

It seems Terri Lynn Land should say something about the "process" of counting votes in Detroit. And hopefully the Governor will say a word or two about Detroit that will set the tone for the upcoming year.

This writer recognizes Dave Bing: Hz Honor, the Mayor, you have the floor!