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THE MICHIGAN CHRONICLE
January 13-19, 2016
Page A-4
Judge’s decision jeopardizes non-profit foundations By Herb Boyd SPECIAL TO THE MICHIGAN CHRONICLE
In 1996, Detroit attorney, author Gregory Reed launched the Keeper of the Word Foundation (“KWF” or “the Foundation”) an uncommon foundation, with the purpose of protecting the legacies of authors, artists, and activists. The foundation achieved international acclamations from the United States Department of Education, the American Association of Museums, President Obama, Michelle Obama, Michigan State University and State officials. Among the notables under its works and rubric are Nelson Mandela, Rosa Parks, Malcolm X, Alex Haley, President Obama, MLK, Coretta Scott King, Damon Keith, John Conyers, Aretha Franklin, Anita Baker, Stevie Wonder, Temptations, Motown artists, and other civil rights icons.
Gun Violence other major U.S. city: 15.7 per 100,000 children.” The Christmas Eve killing of bassist Anthony Tolson, who was carjacked as he was leaving a gas station after giving a performance at his church and was on his way to his mother’s home so he could wake up with his children to open their presents, once again shook the community, as yet another press conference was held to mourn Tolson and draw attention to out-of-control gun crime in Detroit. Several days after Tolson’s murder, 7-year-old Chanell Berry was killed by a stray bullet fired during a domestic dispute. She was playing with her Christmas toys with a friend who was also shot, but managed to survive. Chanell was buried on her 8th birthday.
Vitec
that part 85 percent of the time,” said Hester. Vitec has partnered with Mancon Inc., which specializes in supply chain management for governmental jurisdictions across the nation. Under the contract, the companies will procure the OEM, aftermarket, or remanufactured parts according to city requirements, as well as the lubricants, greases and other fluids and supplies supporting vehicle repairs, and will bill the city as parts are issued for repairs. The previous service provider “had not been performing up to contract specs,” said Boysie Jackson, chief procurement officer for the City of Detroit. That unfortunate situation, plus the fact that NAPA’s contract was expiring, made Jackson decide to put the contract out for bid rather than renew NAPA’s contract. Also, the NAPA contract was only for the supply of parts, whereas the Vitec contract includes an inventory management component that will hopefully save both time and money.
From page A-1 These stories are being repeated because they deserve to be repeated. As long as the killing keeps happening, the stories need to keep getting told. Over, and over, and over again. But a picture, as the saying goes, is worth a thousand words. The recent picture of a grief-stricken President Barack Obama is certainly an example of that. And the pictures of so much gun-related grief in Detroit, captured by photographer Andre Smith over the past several years, who has attended more funerals for dead children than he ever wanted to see, present emotions and pain that few words can adequately capture. We therefore interrupt the Detroit Auto Show to focus on the children. These are the reasons behind President Obama’s tears.
From page A-1 Vitec came to the table with a bid that included a three-year cost reduction of approximately $338,000. That plus other elements of their proposal made it clear to Jackson that this was the right company for the job, so he prepared a presentation for the city council, Mayor Duggan, and the bankruptcy oversight committee. All three were impressed. Since that time, Both Boysie and Brad Dick, director of General Services for the city, said they were equally impressed with how smoothly Vitec was able to affect the transition from the old to the new, and then ramp it up to such a high fulfillment rate in such a relatively short period of time. “We’re glad that a minority company was able to utilize the bid process, put a team of people in place to look at the city’s needs, and did an exceptional job in the competitive process and provided a competitive quote that enabled the general service division to be able to get parts on a timely basis for the next three years.” Hester is glad as well
that the partnership seems to be working so well so far. “This is a big deal where we are right now, to be positioned here. It fits inside of our growth strategy and where we want it to grow with these types of contracts that require an inventory management skill set. We’re positioned very well, and this is a very strong contract,” he said. “This is a new generation deal and opportunity. Because we always strive and talk about that proverbial win-win situation, but in this case it truly is a win-win-win. Each of the three stakeholders, that being the City of Detroit, Vitec and the citizens of Detroit are all basically getting what they believe is value out of this relationship. “We really appreciate the vision and leadership of Mayor Duggan. Providing these types of opportunities for Detroit-based black business owners. His administration is really laying the groundwork and opening doors for all Detroiters.”
Rev. Jesse Jackson to celebrate MLK birthday at Auto Show MICHIGAN CHRONICLE STAFF REPORTS
Rev. Jesse L. Jackson, Sr., founder and president of Rainbow PUSH Global Automotive Project, will host an initiative of the organization’s Citizenship Education Fund titled “Beyond the Dream” as part of a two-day celebration of Dr. Martin Luther King's birthday, Jan. 17-18. The celebration will take place in the Atrium of Cobo Center, with the Detroit River as a backdrop, in downtown Detroit at the North American International Auto Show. On Sunday, Jan. 17, the program will begin at 5 pm featuring Dove and BET Award-winning and Grammy-nominated gospel star Marvin Sapp. The celebration continues at 5 pm on Monday, Jan. 18, the national holiday, with Stellar Award-winning artist, Grammy Award-winning producer and 2016 Grammy-nominated co-producer of Bruno Mars, J. Moss. The Martin Luther King High School Dance Team and Cass Technical High School Concert Choir will perform both days. Congressman John Conyers will attend and give remarks. Pastor Solomon Kinloch, event co-chairman, and several local ministers will participate in this historic twoday celebration. “Dr. King really challenged us to live beyond his dream. He was a doer of excellence and advocate of social, political and economic justice. Towards that end, we must strive for excellence in voter
participation, education and violence repression. Dr. King died so that all lives would matter,” said Jackson. Detroit News columnist Bankole Thompson will serve as master of ceremonies. Invited guests include Senator Gary Peters, Senator Debbie Stabenow, Congresswoman Debbie Dingell, Congresswoman Brenda Lawrence, Mayor Mike Duggan, Wayne County Executive Warren Evans, City Council President Brenda Jones, Police Chief James Craig, Rev. Wendell Anthony, Pastor Kenneth Flowers, Dr. Jill Hardt, Father Norman Thomas, Rev. Edgar Vann, Jr., Dr. JoAnn Watson and others. Admission is free to the public.
CORRECTION In the Jan. 6, 2016 edition of the Michigan Chronicle, Curtis Bundles, who serves as the vice president of the Inkster Western Wayne County Chapter of the National Action Network (NAN), was accidentally misquoted in the article titled “Marchers demand justice for Kevin Matthews.” In the article, Bundles said that “the intention of the march was to shut down the police department.” Bundles says he never made this statement. The article also incorrectly labeled his branch as the Eastern/Western Wayne Chapter of NAN. It is the Inkster Western Wayne Chapter. The Michigan Chronicle regrets the errors.
Along with KWF’s aim to secure precious and primary African American research and artifacts, the Foundation has been a donor and supporter of a number of local and national institutions, including the Detroit school system, a recipient of more than $40,000 in books and materials from the Foundation and lending materials to the Smithsonian Institution, HBCU Colleges, Walt Disney, and major universities. If a recent court order prevails and stands, the Foundation’s assets will be turned over to the U.S. Trustee for sale and liquidation in order to pay debts of a third party without any supporting law and contrary to charitable laws for the past 100 years. It also countervails Michigan Attorney General Bill Schuette’s Opinion 7272 on June 13, 2013. Well, for many residents in Detroit and avid readers it certainly is, and it resounds with the same measures taken to confiscate the assets of Detroit Institute of Arts (DIA) to help relieve the financial bankruptcy of the city. Such was the motion of the process until Michigan Attorney General Bill Schuette intervened and re-educated Michigan judges, lawyers, creditors and Detroit residents and issued a 23 page opinion #7272, that this is contrary to charitable laws since 1855. Given the court action, KWF’s assets were threatened by a lien against Reed by his ex-spouse that is commensurate with expropriating property of the charitable Foundation’s jurisdiction to benefit a private person or a few. The taking of property for any private benefit of creditors in prohibited by law, according to state and federal charitable tax laws. According to KWF’s records Reed and third parties have donated art and artifacts to KWF for 20 years. “The charitable foundation is protected by Federal and state charitable laws in the same way the DIA is protected,” said Reed. Reed and KWF are appealing the decision rendered by U.S. Bankruptcy Judge Marci McIvor. Community organizations and residents familiar with the case have expressed that Judge McIvor, former State of Michigan Attorney General, has set forth her own rules with a rushed opinion before the holiday, with several mistakes, including parties’ names, an incorrect property address, and misplaced facts.
In her original ruling, Judge McIvor, according to court transcripts, found on six occasions on October 7, 10 2015 and November 10,2015 that the Foundation records were complete and in order covering a 19-year period and that “Reed is not an alter ego, of KWF,” therefore KWF is not liable for his obligations. Also the records of the Foundation were independently audited for a 20 year cycle by a CPA firm and an approval “certificate of compliance” was issued earlier on March 28, 2015. On Dec. 17, 2015, months later, Judge McIvor changed her six rulings, with a rushed opinion which contradicted her court’s decision, U.S. and State laws and she ruled a nonprofit can pay unrelated debts of a third party. Complicating the case is the role of trustee attorney David Findling, once Reed’s counsel but now representing his ex-spouse. “This is clearly an unethical conflict of interest,” Reed said. “His sole purpose is to acquire the Foundation’s artifacts to satisfy his own interest and his client’s debt second that was paid in 2005. A quit claim deed signed by the spouse evidencing payment in full was recorded in Wayne County Records, the deed was concealed by Findling in his official receiver report submitted to the court.” Findling never corrected the report after the omission was disclosed. Meanwhile, Findling, whose conduct and behavior have been construed and questioned in the professional community and labeled as the “garbage man,”, profiled and cited in a court record pleadings filed by attorney Michael E. Tindall in a class action once filed in Wayne County circuit court. In the lawsuit Findling was charged with similar illegal schemes and acts. Findling’s misconduct is currently being reviewed for investigation by the Attorney Grievance Commission for perjury, fraud, and conflict of interest. According to court’s records Findling has been removed from 14 known bankruptcy cases, signed by Chief Judge Steven Rhodes and several other federal and state judges. Findling as a court receiver had attempted unlawfully to sell assets valued at $17 million for $50,000 to benefit his own interest reported by attorney Michael A. Reynolds and Jamal J. Hammood as noted in Wayne County Circuit Record Case. In effect, Judge McIvor’s KWF ruling goes against the opinion of Judge Rhodes and if left standing can have reverberations that jeopardize other selected non-profit institutions faced with having to pay for third party debts. The court is utilizing Findling as special counsel and liquidator to the U.S Trustee Office for unrelated debts of the Foundation, and without supporting law based on Michigan Attorney General chief of staff who was not persuaded to touch the Foundation as cited in the court’s record. “This is a very important charitable institutional legacy case, for America’s various cultures not only for KWF or me personally, the decision is injurious to many foundations, churches, educational institutions and museums that can be exploited or arbitrarily selected,” Reed said.
The Meeting Malcolm X was killed. “The Meeting” comes to life at Kochoff Hall, on the campus of University of Michigan-Dearborn, located at 4901 Evergreen Road-University Center in Dearborn. The stage play will be presented on Thursday, Jan. 21 at 5 p.m. and Friday, Jan. 22 at 7 p.m. After the first production, there will be a Q&A with the actors and director. Admission is free, and the greater community is invited to attend. Directed by Dexter L. Overall, the one-act, three-person, one-hour and 20-minute production is presented by the Office for Student Engagement and performed through special arrangements with Dramatist Play Service, Inc. The actors are William Bryson (King), a native Detroiter, Don Snipes (Malcolm X), and Freddie Cruz (Malcolm’s bodyguard). “I’m excited that the school is celebrating its Dr. Martin Luther King, Jr. week with this stage production,” said Overall. “The playwright used words drawn from the two men’s actual speeches, writings, philosophies and television appearances to put together a script, which captures Dr. King and Malcom’s views of civil and human rights through their respective eyes and philosophies.
From page A-1 It’s an honor for me to direct the production.” King was an American Baptist minister, activist, author, orator, humanitarian, and major leader of the Civil Rights Movement. His philosophy to advance the movement was by engaging followers in acts of nonviolent civil disobedience, such as protests, demonstrations, marches, sit-ins, and boycotts. His “I Have a Dream” speech, at the March on Washington in 1965, has been called one of the greatest and most memorable oratory presentations ever delivered. He is the recipient of the 1964 Nobel Peace Prize. Malcolm X, born Malcolm Little, was a prominent black nationalist leader who became a minister and national spokesman for the Nation of Islam in the 1950s and 1960s. He later evolved in what true Islam really entailed. Thus, in 1964, he started two organizations, Muslim Mosque, Inc. and The Organization of Afro-American Unity. He was proactive in his fiery confrontations with white America and vowed to fight for the rights of black people, by any means necessary. “The Autobiography of Malcolm X,” (as told to Alex Haley) remains a mega-classic of African American literature.
Overall, who is also a playwright, performer, and founder of Chicago-based Dexter L. Overall Production, hopes that after audiences see the production, they will leave with a positive mindset of the progress made by African Americans, but also realize that more work is needed to achieve equality in America. “With everything that’s been going on in our community over the past few years, I hope that the audience will leave with the urge to start discussions,” said Overall. Overall also serves as coordinator for diversity programs in the Office for Student Engagement at the University of Michigan-Dearborn. “I hope that they remember the work of Dr. King and Malcolm X, and remember that some of the same concerns that both men fought for in the 1950s and ’60s are still prevalent today. “So the time is now to get the conversations started again to proactively resolve various issues. The time is now to educate ourselves and acknowledge our history.” For more information about “The Meeting,” contact the University of Michigan-Dearborn’s Office for Student Engagement at 313.593.5390, or email student_engagement@umich.edu.