From an email MTTM received yesterday:

We are well beyond the point of fear and intimidation…we are not going away because someone in County government does not like the fact that we challenge them to be honest about how they operate…we will be documenting any and all incidents of intimidation or harassment coming from public officials, directly or indirectly…this is NOT what “public servants” receive “public” tax dollars to do…

Many questions have been asked about the actions of the Prosecutor’s office in specific court cases, the one issue cited and referenced in the current recall effort is simply one of many…his reputation in the County and Village is not what one would expect of a person representing and working “for the people”…his defiance of duly elected representatives of Kalkaska is the issue at hand with the Tea Party, not any individual incident…transparency in government is a requirement of public officials, and it is time Mr. Donnelly be reminded of that fact, and who it is he REALLY works for…

By the way, the recall for Cox was refiled…hearing is 1 pm tomorrow…

Cox’s recall might be the focus for Donnelly and company, given the complaints filed by the county commission chair with regard to the prosecutors perceived retribution.  From the first, a letter to AG Bill Schuette:

“Find enclosed copies of a letter to the Attorney Grievance Commission, transcript of Kalkaska County Prosecutor’s remarks and my response to those remarks. It appears that Prosecutor Donnelly is trying to interfere with the Kalkaska County BOC and their execution of their statutory duties, adopting and overseeing a balanced budget. Since Mr. Donnelly’s actions are beyond the scope of his office, County Prosecutor, and his actions interfere unjustly with the legislative branch of County government, I am requesting that you involve your office in this matter and at a minimum reprimand Mr. Donnelly for his actions.”

The question of propriety being asked in the text of the actual grievance to the commission:

10-3-2011
Dear Attorney Grievance Commission:
I am writing to you about Kalkaska County Prosecutor, Brian Donnelly’s recent behavior. Since The Kalkaska County BOC hired John Axe of Axe and Ecklund to review the County budget and departmental staffing levels, Brian Donnelly has leveled all manner of false or misleading accusations against a majority of the BOC. He has done this in every public forum that will give him a hearing. He has also threatened to recall a majority of the BOC and just this morning the Clerk’s office phoned to say that recall petition language had been submitted. I am enclosing a transcript prepared by the County Clerk of Brian Donnelly’s remarks at a BOC meeting as well as a copy of my response to some of his comments.
I believe that Brian Donnelly’s behavior is more than a disagreement among elected officials. He is trying to control the BOC through bullying and intimidation and has been overheard to state the same. What appears to be happening is that Donnelly is attempting to forestall the BOC from cutting his budget in the next fiscal year which may be indicated in the report currently being prepared by Axe and Ecklund. As a County Prosecutor I believe that Brian Donnelly has overstepped his bounds in trying to thwart the BOC from executing their statutory duties of preparing and overseeing a balanced budget. I am requesting that you accept this letter as a formal complaint and investigate the matter at your earliest convenience.

Michael Cox
Chairman, Kalkaska County Board of Commissioners

A duplicate was apparently sent to the governor’s office as well.

Several reports from Kalkaska county residents who are close to the issue  feel there is an effort to silence them through intimidation that runs not only from the prosecutor’s office but possibly also through two other agencies which have finances overseen by the county commission; The Sheriff’s office and a Judge.

Paranoia?  When one considers the level of political power assumed through such positions, it is not unreasonable for anyone on either side of the issue to be looking over their shoulder repeatedly.

Will update as more information becomes available.

Four newly elected county commissioners, Stuart McKinnon, Dave Ritter, Tony Martini and the Chair, Mike Cox (all Republican) are being recalled by the Kalkaska Democrat party efforts and with active assistance from the local prosecutor, Brian Donnelly, a [Democrat*] as well.  The recall effort has apparently been spawned by the prosecutor’s objections to the commission’s refusal to reinstate funding to his department.  The funding cuts had been made by the prior county board’s actions.  It is also presumed to be payback for an attempt to have an outside consultant look at the prosecutor’s office as well as other county operations by the ‘Axe Man’:

The board voted to retain the services of attorney John Axe of Axe and Ecklund, PC, to provide consulting services to the county for a cost not to exceed $9,375.

Said services are intended to “permit the county to operate on a balanced budget in the fiscal year beginning Jan. 1, 2012,” as stated in the firm’s contract with county.

“They’ve spent $10,000 on somebody they refer to as the ‘Axe Man,’” Donnelly said. “He is supposedly doing a study for them on how big the (county) departments should be.”

The prosecutor refused access to this consultant, who could not then perform the tasks as assigned by the board.  This affected the other county office holders as well, who became less inclined to cooperate in the cost saving exercise the board commissioned.

It is an interesting exercise by one who many locals see as a “Boss Hogg” of sorts.  Donnelly is known for his rants and bullying style from his position as the Kalkaska Prosecutor.  According to locals, county attorneys who must “deal” with Donnelly have opted in the past in a way that reminds us of some judicial races,  to simply avoid confrontation and not become an “enemy” at the ballot box.  This has assured him a position in power for so many years.

However, Donnelly is correct on one issue, but must be terribly conflicted as well.  According to the article linked above, the new board approved same sex partner benefits for county employees.  He had to show the county board that it was not allowed, and gave them a Michigan Supreme Court ruling to back it up. The board rescinded its directive nearly immediately.  Donnelly, a progressive (cough) *Democrat, in THIS video, demonstrates his angst at the start.

“Not the worst.”

Interestingly, perspective and political ideology makes all things relative.

Much of the other activities by the commissioners I must applaud, including a reduction to the farm subsidies (MSUe) and redistribution programs (housing authority) which is a part of WHY these four were elected in the first place.  Board chair Mike Cox (not THAT Mike Cox) had indicated prior to his regaining a seat in this election (a seat lost in 2006) That he supported a reduction or elimination of the MSUe funding.  Voters knew what they were buying.  Kalkaska Chair, Cox responded to the prosecutor’s statements on the video above:

Oct 3, 2011:

Brian Donnelly

Kalkaska County Prosecutor

 

Dear Mr. Donnelly:

 

            I recently reviewed the transcript of your comments made at the Board of Commissioners meeting on August 24, 2011.  Further, it has come to my attention that you attended a meeting of the Kalkaska County Democratic Party to inform them that you would assist in recall petitions for four County Commissioners .

 

            Many of your comments and “facts” appear to be just a figment of your imagination.  For example:

 
1.         Regarding the Michigan State University Extension (MSUE), that program was not running well under the previous director.  He removed the 4-H participation from the Fair.  The Board was able to negotiate a lower cost for MSUE and the local management was replaced with capable people who are doing a fine job.  The 4-H has been reunited with the County Fair.  Further, if MSUE thought the prior director was doing such a stellar job, why did they terminate his employment?  As you know, the Board of Commissioners is responsible for protecting the taxpayers’ resources and we take that job very seriously.  The Board wants to make sure that the taxpayers get the most services for their tax payments.

 

2.         Regarding the Soil Conservation, the following should be noted.  The director of Soil Conservation was working with the County to manage Rugg Pond Dam. Periodically he came to the Board of Commissioners to request additional funds be placed in his budget for the Rugg Pond Dam inspection. We learned that the DNR did not charge the County for that inspection. The Board of Commissioners was misled on that cost which resulted in overpayment to the Soil Conservation budget. The previous director quit his position and was replaced by Mark Randolph who is doing a fine job.  The County does not have the authority to terminate the Director of Soil Conservation.

 

3.         Equalization Director.  The Equalization Director resigned to go into business on her own.  There were various issues pertaining to her performance.  Obviously there are differences of opinion regarding her performance.   She was an employee of the County under the Board of Commissioners’ authority, not the Prosecutor’s Office.

 

4.            Mr. Frank Wright is retiring, not resigning.  Obviously he is at the age where he can retire with full benefits and he chose to do so.5.           You make some unfounded accusation that in mid-December 2010 there was “likely a violation of the Open Meetings Act” because Commissioners-elect were meeting.  While there were three Commissioners-elect present (not four), you should know that there was no violation of the Open Meetings Act.  It is just elementary and common sense that since we did not take office until January 1^st, we were not public officials at that time.  I would hope in the future that before you make slanderous accusations that you research the law.

 

6.         You made a reference to the fact that the County Board of Commissioners hired “a man named Axe”.  You went on to disparage Mr. Axe as if he had no credentials.  Apparently you did not take the time to review his credentials.  Mr. Axe and his firm have over 63 years combined experience in various areas of municipal law. He is a graduate of the University of Michigan and Harvard Law School .  Mr. Axe is a co-author of the Michigan Municipal Law, a 2 volume work, and other publications.  He has for many years assisted counties who are experiencing financial challenges to achieve balanced budgets.  It is outrageous that you should make such comments regarding a person of his credentials and disheartening to think that the Prosecutor would not investigate before making wild accusations.  Is your concern regarding Mr. Axe that he may determine that your office could be more efficiently run? 

 

7.         You also make a reference to the Board of Commissioners cutting the Sheriff’s budget.  This Board of Commissioners has not cut the Sheriff’s budget. Cuts were made by the previous Board of Commissioners.  Once again you failed to get the facts.

 

8.         You also made a reference to the County Probation Officer being cut.  This Board of Commissioners did not cut the County Probation Officer ; the prior Board did.  Once again, for the Prosecuting Attorney of Kalkaska County, I am just amazed at your lack of diligence in obtaining accurate facts.

 
9.         Your unethical behavior is appalling, which includes, but is not limited to, distortion of the facts and stating untruths, and not knowing the law in regard to the serious allegation that there was an Open Meetings Act violation. 

 

            I am not going to bother to respond to some of your other unfounded and slanderous accusations at this time such as accusing the Board of illegal activity.  Needless to say, I am amazed at some of your inaccurate and slanderous comments.  You are, after all, supposed to assist the Board in certain legal matters, and here you are attempting to help in the recall of four of your clients.  If you had concerns, it would have been a prudent course of action for you to meet with the Board so we could discuss them.  At that time, we could have then saved you the embarrassment of pointing out your numerous inaccuracies. 

 

Sincerely,
Michael Cox
Kalkaska County Board Chair

The political landscape has changed, but perhaps the desire for power has not.  Using any tool, argument, weakness or chink in the armor of the new commissioners duly elected by the people of Kalkaska county, the duly elected prosecutor may now attempt to divide, by issue, the community, so that his place of ‘authority’ is held intact.

In the meantime according to trusted sources, the drum beat for his own recall sounds in the distance.

*It should be noted, and was missing from the original posting that Donnelly runs as a Republican.

Mike Cox is a veteran of the United States Marine Corps and Michigan’s top law enforcement official.  He will speak this Wednesday with motorcycle riders and enthusiasts about the importance of personal freedom and the Constitution.

WHO: Mike Cox  ABATE of Michigan

WHAT: ABATE of Michigan Rally

WHERE: Steps of the Capitol  Lansing, MI

Mike Bouchard, Mike Cox, Tom George, Pete Hoekstra, and  Rick Snyder.

Two of them (Cox, and Hoekstra) are consistently on top in the polls, and recently Saul Anuzis, a veteran of Michigan Politics pointed out that Cox has the best chance of beating either Dillon or Bernero, who merely promise continuing Granholm policy.  Anuzis made his comments during an appearance on “Off the Record with Tim Skubick.”

“The guy to beat right now is Mike Cox,” said Anuzis.

Simple enough to understand.  The Cox team has put out a pretty compelling commercial as well:

Truth be told, the Hoekstra vote for the wall street bailout is a pretty big sin. While I really like Pete personally, even given his mea culpa on the issue, I would be wondering when the pressure is put on him by the looters, if he would cave here in Michigan as well. Anything can be ginned up as a crisis for the purposes of gaining support.

Cox has indeed demonstrated that he can stand on his own even in a “politically incorrect” way when he stood for equal opportunity in Michigan in 2006 for the MCRI. All the major politicos thought it was a third rail issue and bailed on their principles, Cox stood firm and was vindicated as being correct.

And now, he has fought this governor, because she is wrong, he is fighting the federal government because IT is wrong, and he is standing on principles that too many of our citizens have either forgotten or been taught out of.

Somehow, I think that is more important… and frankly, is what this state needs right now.

I shared this concern, and asked about that possibility.

Fortunately, there are several things going on that we can look to as good news. One of them was the response by Michigan Solicitor General Eric Restucia, who said with so many (13 initially, and possibly 20 soon) states who have signed on to the lawsuit, it would require ALL states to drop the suit for it to fail. Restucia, in a conference call on Wednesday, said the suit was unprecedented as an action that unified so many states against federal legislation. He also said the suit would likely take several years to reach its conclusion.

According to Restucia, The arguments being made will fall into these categories.

1. A 10th amendment claim, where states are responsible for such issues
2. A  claim under equal protection and application, which cannot be done.
3. A claim is under the commerce clause, as it is being misapplied.

The federal suit is filed in the  northern District of Florida with 13 initial states’ offices participating, five other states joining almost immediately,  and 2 more considering it. “That would bring us to 20 states as plaintiffs when all said and done,” Restucia said.  He also mentioned that it “was no more than 90 minutes from the time the bill was signed before Attorney General Mike Cox filed the lawsuit” with Fla and others.

Beyond this lawsuit, there other equally powerful things happening, and the Michigan Health Care Freedom initiative is one of them.  The Initiative will amend the state’s constitution with the following language:

One friend quips: “If necessary, we kill this unconstitutional bill by a thousand paper cuts.

Indeed we shall.  And in one way or another it MUST HAPPEN.

The very possibility that the bill is repealed is a quite slim one, unless an absolute majority of both houses is the result of November’s elections.  Though there are a number of politicians campaigning on such promises of repeal, it will not likely happen until 2013, and even then it might be nearly impossible.  From the Investors Business Daily:

Republicans vow to repeal health care reform. But no social entitlement, once signed into law, has ever been overturned. The way to stop this federal overreach is through the courts.

And later in that same article:

The nation’s best chance to kill this monstrosity before it can ruin the best health care system in the world is to get the courts to declare it unconstitutional.

The “individual mandate” is a violation of the 9th and 14th amendments. The Commerce Clause gives Congress the power to regulate the health care industry on issues of interstate trade. It does not give it the authority to force individuals to buy a service from private industry. This is unheard of. Even in World War II, the feds did not make citizens buy war bonds, for instance.

If it could be overturned in the legislature, it might well signal a resurrection of constitutional governance, which would be a great thing indeed for a country which has back slid to the worst of progressive ideals.  In the mean time however, we need to push back with as much vigor, and participation in the process as we can each afford.  Lest we become no better than what we see in Venezuela or Cuba.

Reiterating his position on the forced insurance mandate of the Federal government (something our current governor endorses) Cox suggests options for choice and personal control over your health care:

“Creative tools like health savings accounts enable job makers to provide quality health care options to Michigan workers while driving down prices and giving families greater control over their health care, Michigan families deserve more quality options and to have the final say about their health care. Unfortunately, all they’ve gotten from Governor Granholm, President Obama and Congress is an unconstitutional mandate that they purchase insurance- or else.”

With the rising cost of health care, health savings accounts represent one way for small businesses and individuals to acquire quality health care at an affordable price. Mike Cox would like to create tax incentives for businesses that provide HSAs to their employees and will assist self-employed residents who want to create HSAs.

Cox also wants to examine transferring a pilot group of Medicaid clients, such as 19-20-year-old Medicaid recipients and Caretaker Relative populations, from traditional Medicaid coverage and provide those individuals with HSAs. The move will improve wellness, drive down the cost of health care and trim government spending.

In March, Cox filed a lawsuit to stop President Obama and House Speaker Pelosi’s massive federal health care bill because it oversteps Congress’s Constitutional authority and for the first time ever forces Michigan residents to purchase a product as the price of citizenship. The bill also includes trillions of dollars in federal spending, at least 88 new government programs and nearly 1,700 new sets of regulations.

“Never before in our history have you had to buy something as the price of citizenship,” Cox said recently. “This is an unprecedented overreach by Congress and the President. There are constitutional limits to what Congress can force individuals and the state to do and I am fighting this bill because it exceeds those limits.”

As Attorney General, Cox has saved Michigan residents hundreds of millions of dollars in higher premiums and costs by fighting Blue Cross rate hikes, and stopping anti-consumer bills in the state legislature.  Also,  Cox has recovered a record $162 million in Medicaid Fraud and led the fight to create an Office of Medicaid Inspector General, while also fighting drug companies that fraudulently billed the State of Michigan or put consumers at risk.   He also outlined a set of ten guiding principles for building a foundation for constitutional, long-term healthcare reform in Michigan.

From Cox’s site with my own notes in red below:

38. Explore Opportunities to Expand Access to Care by Providing Treatments by Physician Assistants and Nurses Under Supervision of Physician

Mike Cox will explore opportunities for more primary care by Physician Assistants and Nurse Practitioners especially in rural or underserved areas. These practices enable greater access to care and lower costs. Any program implemented using treatment by physician assistants or nurse practitioners will need assistance and oversight from the Michigan State Medical Society and licensed physicians.

We are going to have a shortage of doctors going forward..  This is a must.  See below..

The doctor shortage issue is something that threatens our general welfare.  Stepping outside my normally  (quite conservative) restrictive posture on government spending, I would suggest an effort by state government to educate doctors with a contract tied to the education.  If not a pre-contractual obligation at least one that rewards the medical school efforts afterward, tie-barred to a term of service in community health for a period of a couple years.

the effects?

It would provide a greater amount of health coverage in communities that are somewhat served by only an “emergency room” only model now, and would encourage a greater number of doctor candidates to enter the profession.

Good.

The office of the Attorney General of Michigan published the following statement today:

“LANSING – Michigan Attorney General Mike Cox today announced that Michigan has joined the State of Florida in a lawsuit challenging the constitutionality of health care legislation passed by the U.S. House of Representatives Sunday night (H.R. 3590).

“Congress’ attempt to force Michigan families to buy health insurance – or else – raises serious constitutional concerns,” said Cox. “We will fight to defend the individual rights and freedoms of Michigan citizens against this radical overreach by the federal government.”

Michigan joined several states in Florida’s legal challenge to H.R. 3590. The lawsuit challenges Congressional authority under the U.S. Constitution to enact an individual mandate compelling Michigan citizens to purchase health insurance or face large fines.

Cox also expressed concern about the continued inclusion of the so-called “Cornhusker Kickback” in legislation. The “Kickback” allows the State of Nebraska to avoid paying its fair share of an expansion of Medicaid by forcing taxpayers in states like Michigan to pick up the $100 million tab.

In December, Cox joined a bi-partisan group of Attorneys General from across the country opposing the kickback and demanding Congress remove the unfair provision or potentially face legal action.”

The constitution is THE law of the land. It is the agreement under which the states had pledged to operate, so as to retain sovereignty all the while creating a framework for our common defense, coining money, and trade.

And no one has been more damaged already by these forays into illegal use of federal power than Michigan. Mandates cleverly hidden in “grants” and monies given to states remove a little of each state’s self governance, and our Governor has eagerly jumped for such things, ultimately sacrificing Michigan’s energy independence, and control of schools.

This power grab unfortunately brings with it a new set of entitlements that will cause distress to those who were actually hoping for real solutions in health care they have. Truth be told, the resulting damage to the way in which we choose our professions and careers becomes affected, resulting in fewer professionals entering the field of medicine, that ultimately leads to shortage of care.

Michelle Malkin highlights other states (Michigan not listed there) which have lawsuits planned.

The bill is both shortsighted and unconstitutional. Challenging it on the grounds of its legality is the least our AG can do.

‘Michigan hunters and meat producers had a collective cow today at the news Gov. Jennifer Granholm had issued an official proclamation declaring Saturday “Michigan Meatout Day.” ‘

Cox wasted no time offering his support to the Meat producers however, and today responded to Governor Granholm’s proclamation making Saturday “Michigan Meat-Out Day” by announcing he would celebrate it with a barbecue at his campaign headquarters in Livonia.

“Instead of telling Michigan families they shouldn’t eat meat on Saturday, I’d like to invite them to a barbecue in Livonia,” said Cox.  “Michigan’s agricultural community, meat and dairy producers work hard to put food on their own tables and on ours and I’m looking forward to supporting them on Saturday by eating a burger myself.”

The Cox campaign will host the barbecue for local volunteers and activists on Saturday, March 20^th from 12:00 p.m. until 2:00 p.m. at the campaign headquarters in Livonia.

Cox invites those interested to visit www.mikecox2010.com or call his campaign office at (734) 525-5035.

.

LIVONIA, MI—Groundbreaking Michigan grassroots leader Jennifer Gratz today endorsed Mike Cox in the race for Governor and joined his campaign to turn around Michigan as the Mike Cox 2010 Grassroots Co-Chair, praising Cox’s commitment to conservative principles and plan bring jobs back to Michigan by cutting government spending and taxes.

“I am honored and humbled to receive the support of a grassroots trailblazer like Jennifer Gratz,” said Cox.  “Together, we will win the fight to cut government spending, turn this state around and get Michigan families back to work.”

Jennifer Gratz is recognized as one of the nation’s leading figures in the battle to end racial preferences in school admissions and organized and led the Michigan Civil Rights Initiative which voters overwhelmingly approved in 2006.

“Only one candidate for Governor stood with Michigan voters four years ago to support MCRI, and that candidate is Mike Cox,” said Gratz.  “Mike Cox is the only candidate with the plan to cut spending in Lansing, cut taxes and get Michigan working again.”

As Executive Director of MCRI, Gratz spearheaded the effort that secured a record 500,000+ signatures to amend the Michigan constitution to end race and gender preferences. In a landslide victory, MCRI (Proposal 2) passed by a margin of 58%-42%.

Not Tax Increases, Half Measures and Reinforced Status Quo

Southfield, MI— Mike Cox today slammed Governor Granholm’s latest budget proposal for raising taxes on families and reinforcing Lansing ’s broken status quo.

“The Governor’s budget doesn’t cut government enough and her new taxes only fuel the out-of control spending going on in Lansing,” said Cox.  ”Michigan families deserve better than half-measures and higher taxes.  At a time when our State is hemorrhaging jobs to places like Ohio and Indiana, Michiganders need bold leadership and real change, not tax hikes on families and a reinforced status quo.”

“Once again, Governor Granholm has refused to bite the bullet and make the spending cuts required to balance the budget. Taxing people for haircuts and dry-cleaning to avoid making necessary reforms is not leadership.  The working families and job-providers in this state need real tax relief and leadership on spending cuts.  That’s why I’ve called for a $2 billion tax cut, spending cuts and reforms to empower families and job makers, not Lansing.”

Mike Cox’s message of less spending, lower taxes and reformed government has set him apart as Michigan’s leading candidate for Governor.  Last Saturday Cox drew a crowd of 1,200 families, activists and community leaders to a Rally for Michigan’s Future in Oakland County .  A recent EPIC / MRA poll found Cox leading his nearest primary competitor by seven points and outpacing the nearest Democrat by seventeen, more than any other Republican candidate for Governor.

“It is more obvious today than ever that Lansing is broken,” Cox continued.  “The Governor had the opportunity to propose real, substantive reforms to get Michigan working again but chose instead to demand even more from over-stretched taxpayers.  My plan will change that.”

Cox is the only candidate for Governor to release a comprehensive 92-point plan to put Michigan back to work, including proposals to cut billions of dollars out of the state budget, cut taxes on job-providers and families by $2 billion, make government more transparent, reform education, and revitalize our cities. The plan is available at www.mikecox2010.com.

Earlier this month, the Mike Cox 2010 Campaign also announced that it raised $1.8 million in 2009 – with roughly $1.5 million cash on hand. The funds came from over 2,500 individual donors – with roughly 1,000 of the contributors donating less than $100. Further demonstrating momentum toward the nomination, the campaign raised $550,000 in December 2009 and $785,000 in the 4th Quarter (Oct. 1-Dec. 31, 2009) alone.

For more information on Mike Cox’s campaign for Governor, please visit www.mikecox2010.com or call the campaign office today at 734-525-5035.