Five Council Members Launch An Unprecedented Effort To Curb Cronyism

by P.D. Lesko

“We keep seeing the same names.”

“It’s like there is some ‘professional class’ of board appointees.”

“We need to draw from a larger group of citizens.”

“I want to open the door for a closer examination of the appointment and confirmation process.”

So the debate went on at Ann Arbor City Council’s May 13th meeting over John Hieftje’s proposed appointment of former Ann Arbor Planning Commission member Eric Mahler to a five year appointment on the Board of the Ann Arbor Transportation Authority. Ward 1 Council member Sabra Briere (left) repeatedly chastised her Council colleagues for engaging in debate; the first time she was visibly embarrassed after realizing that it was, indeed, the appropriate moment for a discussion. Briere has earned the nickname “Hieftje-lite” among several of her Council colleagues, and has lost the confidence and support of many of the city’s neighborhood activists on whose financial support she could once count.

The debate marked a sharp turn away from what has been over a decade of Council’s rubber stamping of John Hieftje’s proposed political appointees without discussion.

In an April 2013 post A2Politico wrote:

That Hieftje wants to replace Nacht with Eric Mahler should come as no surprise. Mahler, it could be argued, has done enough for Ann Arbor having played his part in crafting the seriously flawed A2D2 Design Guidelines/Zoning against which the public is now railing. At the end of March 2013, in response to public backlash aimed at a parcel which Mahler (among others) voted to zone D1 (for dense development), City Council decided to conduct a review of the D1 zoning guidelines. Mahler and the Planning Commission, in essence, were asked to review their own work—work which they believed had been done correctly in the first place.

There are about 400 Ann Arbor citizens who serve on boards and commissions, according to city records. About one-fifth of those citizens serve on more than one board or commission. Below, you’ll find a list of several of Ann Arbor’s busiest citizens, each of whom have been appointed to serve on multiple city boards and commissions:

Bonnie Bona: City Panning Commission, Downtown Zoning Steering Committee, Ad Hoc, North Huron Vision Task Force, Street Art Fairs, Mayor’s Committee on

Roger Hewitt: Community Security & Public Space Task Force, Downtown Development Authority, Downtown Zoning Steering Committee, Ad Hoc, Local Officers’ Compensation Commission, Local Officers’ Compensation Commission

Anthony Ramirez: Building Authority, Cable Communications Commission, Housing and Human Services Advisory Board

Kirk Westphal: City Panning Commission, Design Guidelines Taskforce, Environmental Commission (Planning Commission Rep.)

Ironically, in 2004 after Democrats had won all of the seats on City Council, then Ward 2 Council member Joan Lowenstein assured the media that a Democratic super majority would in no way squelch robust debate. The next nine years showed her to be flat out wrong. Not only were political appointees confirmed without discussion, but the same political appointees often played musical chairs, moving from one board or commission to another. The shallow gene pool from which Hieftje has repeatedly drawn has made for some Deliverance quality drama.

David Nacht and Jesse Bernstein are being allowed to quietly “retire” from the AATA Board after a costly debacle in which the two men tried to shove a $500 million dollar county-wide transit scheme dreamed up by Hieftje down the throats of unwilling county residents and pols. Almost as soon as the AATA Board launched the boondoggle, which would have required communities to tax themselves in order to pay for things like the Canton Flyer and bus service between Ann Arbor Detroit Metropolitian Airport, elected officials of surrounding cities and townships opted out of the plan. The result was a humiliating October 2012 vote by the Ann Arbor City Council in which Hieftje was forced to watch Ann Arbor opt out of AATA’s county-wide transit plan.

In January 2012, Ward 3 Council member Stephen Kunselman (right), while speaking about the transit scheme to the Ypsilanti City Council, called Hieftje’s ideas “a little beyond reality. Kunselman included in the category of transit ideas that are unrealistic, “commuter rail to Brighton and Dearborn.”

Last night, as Hieftje argued AATA Board members had asked for a lawyer to be appointed, Kunselman had a similarly direct comment: “I don’t know why the AATA Board needs a lawyer. After the fiasco in December—having a lawyer (Nacht) on the Board didn’t help with that.”

Kunselman, who is opposed in the August Democratic primary election by Hieftje-backed candidate Julie Grand, former Chair of the Park Advisory Commission, has been a vocal supporter of closer Council oversight of the Board of the Downtown Development Authority. In addition, as a member of the Council’s Audit Committee, he has supported closer scrutiny of the DDA’s finances. These are both actions for which he has been relentlessly attacked by Hieftje and his fellow members of the DDA Board. They have accused Kunselman of playing politics.

Sabra Briere, in emails to the DDA’s Director Susan Pollay, emails which turned up in the local news blog AnnArbor.com, accused Kunselman of playing politics, as well. Briere who supported Kunselman’s efforts in public by voting in favor of a proposed resolution to rein in the DDA Board, was caught by AnnArbor.com counseling Pollay via email on how best to neutralize Kunselman’s efforts.

In emails turned over to A2Politico in response to a recent Freedom of Information Act request, Kunselman was clearly irked at Briere. Kunselman retorted via email that he found Briere’s behind-the-back attacks “unethical” and mean-spirited. He writes, “Why should anyone trust you when your sincerity is questionable?”

Briere writes to him via email: “Um…Not certain what you mean. The tone is unfortunate, but also pretty certain I didn’t say anything you haven’t said.”

As the debate on Eric Mahler’s appointment progressed Hieftje became visibly uncomfortable, as did Hieftje Hive Mind drone Sabra Briere. In a tone that vacillated between preachy and exasperated, Briere lectured her Council colleagues on their need to vote on the qualifications of the candidate presented to them. Ward 5 Council member Mike Anglin kicked off the debate by questioning why Hieftje had bypassed the application of a very qualified member of the disabled community, an individual with ample board experience, as well as experience advising AATA.

“This is an opportunity to appoint someone who will bring a different perspective to the discussion,” said Anglin. “The handicapped are a group of people who use the bus.”

Ward 1 Council member Sumi Kailasapthy (right), whose name, incredibly, Hieftje and city staff member Craig Hupy still can’t pronounce correctly, either because of sheer ignorance, or perhaps because it has too many vowels, spoke about her disabled son’s use of AATA, and agreed with Anglin. She went on to point out that Hieftje was playing a game of musical chairs in moving certain people from one city board to another.

“We’re seeing the same names over and over,” said Kailsapathy.

Ward 2 Council member Sally Hart Petersen rapped Hieftje over the knuckles at one point in the debate for his use of the word “handicapped.” Hieftje, in turn, blamed Council member Mike Anglin—whose use of the word, Hieftje explained, had preceded his own. Petersen, undeterred, corrected him again. It was a welcome effort to be respectful of a community against which Hieftje has waged a political war for over a decade. He has done so through his “repurposing” of AATA’s resources away from local transit, and through a refusal to replace 100 units of affordable, supportive housing which were lost when the old YMCA was torn down years ago.

Then, when Hieftje claimed that Eric Mahler “represented” a particular minority community, Ward 5 Council member Chuck Wapehoski pointed out that no one individual could represent an entire community.

Kailasapthy, Petersen, Ward 2 Council member Jane Lumm, Kunselman and Anglin pressed Hieftje to withdraw Mahler’s name and appoint, instead, the other applicant whose materials they had been given. Hieftje, with help from Sabra Briere, repeatedly argued that Mahler’s was the only name before Council.

In response, Sally Petersen went a step further by making it clear to Hieftje that the debate concerning the appointment of Eric Mahler should be taken to mean that “we’re not comfortable with the appointment and confirmation process as it stands. I want to open the door to that discussion. We need to examine this process.”

In an effort to draw attention to the fact that David Nacht, so some critics claim, had outstayed his welcome on the AATA Board with a 10 year term of appointment, Mike Anglin grilled Hieftje on whether Mahler would serve “a five year term.” Hieftje, shocked, was speechless for a moment and then assured Anglin that Mahler’s appointment was, indeed, for a single five year term. Hieftje was also asked if there would be other openings on the AATA Board in the near future.

These kinds of questions suggest, perhaps, that more “retirements” are going to be demanded by Council members from the city’s boards and commissions.

Hieftje was similarly flummoxed when Stephen Kunselman suggested that there would be room on the AATA Board for Mahler and the other applicant. All that needed to be done was to remove city staffer Eli Cooper whose presence on the AATA Board has been questioned by many as inappropriate staff control of a citizen board.

“We have a member of the AATA Board who doesn’t even live in Ann Arbor,” said Kunselman. “This person could be asked to step down to make room for both Mr. Mahler and the other applicant,” reasoned Kunselman.

Hieftje, tight-lipped, was literally speechless. It was Sabra Briere who came to Hizzoner’s rescue suggesting that Kunselman was over-reaching in his efforts to do anything except vote on the name before him.

“I thought Kunselman’s was a perfectly acceptable compromise,” said an AATA staffer who asked not to be named. “Eli Cooper has no business serving on the AATA Board. Neither did (Sue) McCormick. Cooper should be removed regardless.”

The appointment of Eric Mahler was not the only one that prompted questions. When Hieftje informed Council that he proposed to reappoint all of the members of the Downtown Citizens Advisory Council (CAC) Board, some of whose appointments had expired in 2008, Sally Hart Petersen asked why there were “so many couples” being proposed.

Hieftje feigned ignorance about his own appointments. “I really don’t know,” he said. “I’ve never been to a meeting of this group.”

Sabra Briere offered up the ludicrous explanation that appointing couples to a group that advises the Downtown Development Authority on downtown development and TIF plans is an opportunity for the couples to spend time together.

“Well, I think it’s a ‘If you go, I go,’ sort of thing,” suggested Briere, seriously. “It an opportunity for the couples to spend time together.”

The CAC has no student, minority, or young professional members and has had none since 2001. All of the appointments to the CAC expired in October 2012, but the former Chair appeared in public on numerous occasions between November 2012 and May 2013 claiming to speak on behalf of the “CAC Board,” “downtown residents” and “the members of the CAC.”

The lengthy, frank debate about the appointment of Eric Mahler ended in a 6-5 vote in favor of seating Mahler with Briere, Taylor, Teall, Higgins, Warpehoski and Hieftje voting in favor of playing Hieftje’s game of musical chairs.

John Hieftje won the battle, but he may be six months away from completely losing the war.

Unpopular Ward 4 Council member Marcia Higgins is being challenged by labor lawyer Jack Eaton, who came just 20 votes shy of unseating Ward 4 5-term incumbent Margie Teall in August 2012. Sabra Briere, meanwhile, in a March 2013 email exchange with Stephen Kunselman writes, “And I’ve never been concerned about a primary opponent.” In fact, at one point in the meeting last night Briere, who wants to run for mayor when Hieftje steps down, insinuated that she’d still be on City Council five years down the road.

Next November, should Eaton win, John Hieftje would lose face more 5-6/4-7 votes and find his board and commission appointments voted down on a regular basis. Such a scenario would mean that the pervasive cronyism in local government could begin to be curtailed (or even reversed) for the first time since John Hieftje took office in 2000 and in 2003 put his political pal David DeVarti on the Local Officers Compensation Committee. In 2003, DeVarti voted to increase the salary for the mayor’s part-time job from $28,000 per year to $40,000 per year. In 2004, Hieftje reappointed DeVarti to sit on the Board of the DDA.