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E-M:/ THE CYNIC....ON DEVUYST, ROADKILL AND OPEN MEETINGS



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Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>
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At 11:49 AM 5/20/1999 EDT, you wrote:
>-------------------------------------------------------------------------
>Enviro-Mich message from KWinch5940@aol.com
>-------------------------------------------------------------------------
>
>Friends of the earth (and you 'spies' out there),
>
>At the 8 a.m. meeting this morning of the House Conservation and Outdoor 
>Recreation Committee :
>some 45 minutes or longer were spent on the Whitetail Deer License Plate - 
>road kill fund issue .....and a paltry 15 min or so on HR 98 , the anti-Kyoto 
>Protocol resolution that Republicans and industry love so much.
>
>In addition to the typical totally mis-informed position of theirs, comes 
>this morning the complete subjugation of any intelligent discussion or 
>contemplation of this resolution. 
>
>Testimony was taken ONLY from the Farm Bureau and **a representative of the 
>American Petroleum Institute**  .... who trotted out, among other 
>stupidities, word of the anti-global warming evidence anti-Kyoto Protocol  
>'petition' 

SNIP
>
>Anyway, the vote was taken without hearing adequate testimony; not even from 
>a member of the clergy (and Director of the Michigan Ecumenical Forum and 
>Director of the Michigan Interfaith Global Warming Campaign) who had filled 
>out a card, as required to get the opportunity to speak.  Common intelligence 
>and decency calls for more time and deliberation to be spent on this issue.
>
>Call Larry DeVuyst, chair of this committee, to express your disgust, and 
>call your State Rep and demand this Resolution [ H.R. 98 ] not be admitted 
>for a floor vote UNTIL FULL TESTIMONY IS HEARD  on this really, really 
>important issue.

SNIP


This is what the Michigan Open Meetings Act has to say about this subject:


5)A person shall be permitted to address a meeting of a public body
 under rules established and recorded by the public body. The
 legislature or a house of the legislature may provide by rule that the
 right to address may be limited to prescribed times at hearings and
committee meetings only.   MCL 15.263(5)

By denying members of the public and environmental organizations the
same opportunity to speak as was afforded to the American Petroleum
Institute [French-owned Total Alma refinery in DeVuyst's district] and the
Farm Bureau, 
DeVuyst's actions constitute illegal denial of due process and equal 
protection afforded by the Michigan Open Meetings Act and by the 
state and federal constitution.

Persons aggrieved by a decision of DeVuyst and the House Committee
are entitled to bring an action for injunctive relief in circuit court or a 
mandamus action in the Michigan Court of Appeals, although 
invalidation of a public body's decision is not permitted under the Act
based on 
a denial of a person to be heard.


So, in honor of the Michigan House Republican's pre-eminate environmental
focus on 
Road Kill License plates as being the most important environmental
issue in Michigan and the recent design contest announcement....

.....how about a license plate with cynical comic-looking crows, ravens and 
turkey vultures holding protest signs saying "DeVuyst Roadkill Cleanup bill
UNFAIR!!"

...or how about making a political cartoon with DeVuyst running over 
the Open Meetings Act and the Constitution with a global-warming
non-compliant SUV

....so it goes in the best of all possible worlds under total Republican
Party Control....



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