Conyers, Cockrel trade jabs in encounter

**R8RBOB** · May-08-09, 10:32 AM

Originally Posted by artds

I'm no fan of MC, but she may have a legitimate argument here.

Normally when an executive succession scheme calls for a member of another branch of government to fill an executive vacancy, the member of the other branch of government must first resign from their previous post before being sworn in. This is because an individual is not permitted to work for two branches of government at the same time, which is a pretty basic separation-of-powers concept.

For example, if Barack Obama and Joe Biden both temporarily became unable to serve, then Nancy Pelosi would become POTUS. However, prior to being sworn in, she would be required to resign from Congress, and if the President regains his ability to serve, the she wouldn't automatically go back to Congress. However, in this situation, assuming the congressional vacancy was for a relatively short period of time, the Governor of Pelosi's state has to power to appoint someone to fill that vacancy, and could very well just appoint Pelosi back to the post, depending on how partisan politics would play out in that situation.

Now, it's true that court refused to declare Cockrel's seat vacant, but that could have been an erroneous ruling, and if MC takes the issue court, then the court could rule accordingly, in which case Cockrel would not only be without his presidency, but also without his CC seat. However, even if a court doesn't rule this way, it's possible that the court could still rule that Cockrel effectively gave up his post as council President when he departed, depending on its interpretation of the language in the charter.

It will be interesting to see how this plays out.

I sorry artds, but I have to disagree. Detroit's charter clearly states that the city council president is the acting mayor until a special election elects a new mayor. It did not say that the cc president must resign prior to taking the oath of office. In layman's terms, the cc president [[Ken Cockrel, Jr.) took a leave of absence to act as interm mayor until a special election is held. During that time, the president pro-tem of city council is elevated to the title of president. This would the same if Cockrel got hit by a beer truck and was hospitalized for 5 months. Conyers would be the president until he returned back to work. Cockrel has returned to Council and since he didn't resign his seat, he returns to his previous role...as president. Conyers have no legs to stand on and she knows this. Had Cockrel won on Tuesday, he would have resigned from Council because he would have been the elected mayor, not the interm.

**raptor56** · May-08-09, 11:15 AM

Originally Posted by pffft

Yes, this is my pet peeve too, along with mistaking "loose" for "lose" ...that one, I just don't get. Those words don't sound remotely the same.

My apologies. I hit submit before proof reading

rare occurrence

my biggest pet peeve is folks who screw up "then" and "than"

Lesser pet peeve: How are you today? I am doing good. [[no, you are doing "well")

**kraig** · May-08-09, 11:45 AM

Another question is.

Did she leave enough money in the council president's office budget for him to bring the same staff that he took into the mayor's office back?

I get the feeling that she's trying to stall and get to the next fiscal year in July.

**OriginalG313** · May-08-09, 12:36 PM

Originally Posted by kraig

Sec. 4-103. Selection of council president.
The member of the city council receiving the highest number of votes at the regular city general election shall be president of the city council for the ensuing four [[4) year term, and the member of the city council receiving the next highest number of votes at such election shall be president pro tempore of the city council; and in the absence for any reason of the president and president pro tempore of the city council, or in case either of such offices shall become vacant for any reason, the member of the city council who received the next highest number of votes at such election to such absentee or to the person who held such vacated office, shall be the president or president pro tempore of the city council, as the circumstances of the case may require.

He was the highest vote-getter which makes him Council President. He was absent from the president's office because he had to assume the mayor's office after Kwame's resignation. By charter he had top assume the office until a new mayor was selected, he did not resign his office. The very last sentence of Sec 4-103 is critical, "as the circumstances of the case may require". The circumstances were that he was acting as mayor until a new mayor was selected. She doesn't have a snowball's chance in hell of winning this one.

Below is the portion of the Charter Monica is using to argue her case. Apparently, she has not read any of the other sections.

Sec. 5-109 Succession to Office
If a vacancy occurs in the office of Mayor, the City Council President shall succeed to the office until a new Mayor is elected.

There's a PDF version containing portions of the Charter in the middle of this article:
http://www.freep.com/article/2009050...uncil+top+spot

**OriginalG313** · May-08-09, 01:06 PM

From the Detroit News Online via the AP:
May 8, 1:35 PM EDT

Ken Cockrel to resume Detroit council presidency
DETROIT [[AP) -- Ken Cockrel Jr. will return to his old job as Detroit City Council president after all.
Council research director David Whitaker said Friday the city charter allows Cockrel to return to his former post after filling in as mayor following Kwame Kilpatrick's Sept. 18 resignation.
Current Council President Monica Conyers had raised the issue of whether Cockrel could return. She and Cockrel have had a rocky relationship, including Conyers calling him "Shrek" during a public hearing.
Whitaker says a judge ruled in September that Cockrel would return as president if a new mayor was elected.
Cockrel was defeated Tuesday by NBA great Dave Bing in a special runoff. Bing is expected to be sworn in next week.
Conyers will transition back to her former job as council pro tem.
Â© 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Learn more about our Privacy Policy.

**kraig** · May-08-09, 01:46 PM

Originally Posted by OriginalG313

From the Detroit News Online via the AP:
May 8, 1:35 PM EDT

Ken Cockrel to resume Detroit council presidency
DETROIT [[AP) -- Ken Cockrel Jr. will return to his old job as Detroit City Council president after all.
Council research director David Whitaker said Friday the city charter allows Cockrel to return to his former post after filling in as mayor following Kwame Kilpatrick's Sept. 18 resignation.
Current Council President Monica Conyers had raised the issue of whether Cockrel could return. She and Cockrel have had a rocky relationship, including Conyers calling him "Shrek" during a public hearing.
Whitaker says a judge ruled in September that Cockrel would return as president if a new mayor was elected.
Cockrel was defeated Tuesday by NBA great Dave Bing in a special runoff. Bing is expected to be sworn in next week.
Conyers will transition back to her former job as council pro tem.
Â© 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Learn more about our Privacy Policy.

I bet she's trying to spend some of his budget right now.

**jcole** · May-08-09, 02:00 PM

The only thing that comes to mind right now is 'Nyah, nyah, nyah, nyah, nyah Monica'

**Bobl** · May-11-09, 01:24 PM

Monday, May 11, 2009
Conyers: Cockrel changed the office locks on me

Darren A. Nichols / The Detroit News

Detroit -- The brewing controversy over the transfer of the Council presidency continued this morning when Monica Conyers accused Kenneth Cockrel Jr. of changing the locks to the City Council president's office without her knowledge.
Conyers said Cockrel called a police sergeant to have the locks changed at around 7:30 a.m. and her staffers didn't have access to the office. One room got opened at around 11:30 a.m., while another remained locked.
"I get a call from my staff. They cannot get in the office," Conyers said. "No call to me on the phone, not nothing. I don't want any problems from anybody. [[But) the first time something would have happened, you would have said Monica did it. That wasn't right."

Cockrel is expected to return to the Detroit City Council as early as this afternoon after Dave Bing is sworn-in as mayor at a 3 p.m. ceremony. Bing defeated Cockrel in last week's special election.
He did not attend today's council session, but his nameplate is attached to the seat that's available for the president. Cockrel's office began making the transition late last week.
"How can you be the mayor and the president all at the same time?" Conyers said. "He's just overpowered our office with all of his stuff," Conyers said. "You just can't come in and take over. That's not right. He's making it difficult."
Saturday, Conyers said she would willingly return to her old post as council president pro-tem -- the panel's second-in-command -- and said the media exaggerated tensions between her and Cockrel.
Last week, she asked council attorneys to clarify whether Cockrel would return to the council as president. But Conyers said she did so at the request of a voter.

DetroitDad · May-11-09, 01:27 PM

When you act like a thirteen year old, you get treated like a thirteen year old, Mrs. Conyers.

**Bobl** · May-11-09, 07:48 PM

The Saga Continues....

Monday, May 11, 2009
Cockrel: I didn't change locks on Conyers

Darren A. Nichols / The Detroit News

Detroit --A spokesman for Kenneth Cockrel Jr. is denying he changed the locks on the City Council president's office, blaming Monica Conyers for making his transition from interim mayor go poorly.
Daniel Cherrin, spokesman for Cockrel, said Conyers' own Executive Protection Unit officer changed the locks this morning. Today, she blamed Cockrel, who is returning as council president after serving as mayor since September.
"It's another example of Monica Conyers trying to play politics rather than focusing on the important issues of the city," Cherrin said. "She just continues to find ways to put Monica in the media. It wasn't [[Cockrel) who said lock her out. When is it going to end with her antics?"