The problem of course is that the judicial system is populated by politicals who will not force their party to do their job or risk embarassing their party by insisting they do their job. Dain Lyngstad,phillips/edina --- Peter Jessen <[EMAIL PROTECTED]> wrote: > It would appear that the City Council will pass a > resolution tomorrow, > 3/21/03, sponsored by CMs Johnson and Zirby, to > direct the police chief to > proceed with mediation IF, IF, IF these three > conditions are met: (1) the > writ of mandamus (writ from superior court to lower > court directing some > action) is dropped; (2) that a recognized community > organization sign off on > the mediation, and (3) that the Federal mediation > office agree to proceed. > With these three, the City Council and the Mayor > will then direct the chief > to participate. Asked his opinion of this, Ron > Edwards, author of "The > Minneapolis Story, Through My Eyes" (in which he > discusses the origin of > this whole mediation action and problem in Chapter > 16) has noted that "this > is just another example of the council to avoid its > duty." He went on to > say that "the two Jills will never drop their writ" > (see story in City Pages > (http://www.citypages.com/databank/24/1163/article11127.asp > <http://www.citypages.com/databank/24/1163/article11127.asp> > ), and that the > second requirement is "stupid and infantile as there > are already credible > people at the table." As to the third requirement, > Edwards noted that "the > Federal mediation office has already agreed." > Further, said Edwards, "I am > troubled by the designation of a lame duck chief who > will be departing on or > before January 4, 2004. What incentive and passion > will he now have to work > with the community?" > > According to Edwards this is just another sign of > how messed up the city > system of operations is, as seen in the other news, > that Ann Albright > resigned as Human Resources Director. As Edwards > stated, "I'm not surprised > by her resignation. Her office is responsible for > all of the layoffs and > job banks. I predicted she would leave six months > ago. Its too chaotic and > messed up." > > As background for the writ of mandamus: it is > interesting to note that a > writ of mandamus, a writ or court order directing a > public official to > perform his official duty, can be used on any > official to fulfill their > constitutional duty, from the President (can only be > issued from the Supreme > Court) to the Mayor or Police Chief (which can be > issued by a local court). > Learn more at > http://www.jurisdictionary.com/dictionary/dictionary%20w.htm#Writ%20of%20Man > damus > <http://www.jurisdictionary.com/dictionary/dictionary%20w.htm#Writ%20of%20Ma > ndamus> , about how this allows for "ordering a > government official > (regardless of branch or level) to give an answer on > the public record > explaining by what authority he or she is acting in > a particular situation." > Thus, it is a very powerful writ. One may not agree > with the two Jills and > their Writ of Mandamus, but they open up to all the > existence of a very > powerful writ that many don't know about. That > raises the question of what > it is that the chief is hiding that he, the mayor, > and the council don' want > him on the public record explaining his actions? > Thus, although a writ of > mandamus can only be issued by a court, it exists as > a way to enable people > to get their officials to do their job, to make > leaders do what their > Constitutional job descriptions require of them. > The very act of their > doing so shows that one side believes another side > is not doing its job. > Clearly one can disagree with this strategy but one > can also not disagree > that the Chief is not doing his job and that neither > the Mayor nor City > Council is forcing him to do his job. What better > sign is there of urgent > need for mediation between police and community? > Peter Jessen, Portland, www.TheMinneapolisStory.com > <http://www.TheMinneapolisStory.com> >
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