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					                            OCTOBER 24, 2005                                         491

REGULAR MEETING OF THE COUNCIL OF THE CITY OF SAGINAW, MICHIGAN, HELD
MONDAY, OCTOBER 24, 2005, AT 6:30 P.M. IN THE COUNCIL CHAMBER OF CITY
HALL.

                    PRAYER AND PLEDGE OF ALLEGIANCE
         Mayor Wilmer Jones Ham offered a prayer and led the pledge of allegiance.

                                   ROLL CALL
        Mayor Wilmer Jones Ham called the meeting to order.           The following
Councilpersons were present: Carol Cottrell, William Federspiel, Amos O’Neal, Daniel
Soza and Mayor Wilmer Jones Ham-5.
        Absent: Councilman Charles Coleman, Willie Haynes and Roma Thurin-3.

     CORRECTION AND APPROVAL OF MINUTES OF PRECEDING SESSIONS:
         Councilwoman Cottrell moved to approve the minutes from the June 13, 2005
and July 21, 2005 special Council meetings; and June 27, 2005 and July 11, 2005 regular
Council meetings.
         Adopted unanimously by the members present.

                                 ANNOUNCEMENTS
         Tyronza Snowden, Fire Marshal accepted a Certificate of Recognition read by
Mayor Ham as recipient of the Firefighter of the Year Award.
         (At 6:34 p.m., Councilman Haynes entered and took his seat.)
         June Price, President, accepted a proclamation read by Councilman Willie
Haynes designating October 23–29, 2005 as National Association of the Physically
Handicapped Week.
         City Clerk Diane Herman made a general announcement advising candidates for
the November election that campaign signs cannot be placed in the City’s right-of-ways or
on City-owned property. The Zoning Division would give candidates until Wednesday,
October 26, 2005 to remove the signs after which time City staff would have the signs
removed and brought to the City Clerk’s Office.
          (At 6:37 p.m., Councilwoman Thurin entered and took her seat.)

                              PERSONAL APPEARANCES
          Earl Jesse, 310 S. Harrison, spoke on candidates owing money to the City. Said
he knew of one that owed $1,000-$2,000 at the County. Said this candidate should not be
on the ballot. Said Council needs to follow Section 27 of the Charter with regard to firing
the City Manager. Said there is no difference between debt and unfunded liabilities.
Stressed again the City’s need to address the issue.
          Theodore Vlassis, 2248 Bay, said Council is not all to blame. It takes a City to
destroy a City and a City to build a City. Urged citizens to get behind Council and stop
beating on them. Said there is a lot of talent at the Council table. Said Cecil Collins is
gone and the City needs to move on. Said the tax cap needs to get lifted and police
officers need to be back on the streets.
          John Aklin, 3122 Fulton, questioned the police stating he had a felony on his
492                         OCTOBER 24, 2005

record and this is why they couldn’t hire him as a crossing guard. Said if this were true, he
would not have been able to serve jury duty. Wants to know what felony the police say he
has on his record.
           Nancy Parker, Executive Director of the Saginaw Valley Zoological Society which
operates the Children’s Zoo, spoke on behalf of the zoo and requested Council’s approval
on the zoo’s next phase: Education 2006, which included a Wetland Experience, AgriLife
Experience, a Flight of Fancy Aviary, handicap walkways, electrical improvements and a
train maintenance storage building.
          Raymond “Bobby” Deleon, 1537 S. Washington, President and member of the
Mexican American Council (MAC) requested Council’s support in keeping the MAC center
open to provide programs for youths. He requested Council keep its promise with its
lease or provide talks about purchasing the building. Said they have plans to upgrade the
center.
          Rev. James Glenn, 2620 Tausend, invited Council members to a leadership
meeting on November 4-5, 2005. Said it would be hosted at Center of Attraction
Outreach, 4375 S. Washington, and there would be 5 speakers. Requested Council’s
present at 12:15 p.m. for a prayer session.
          Johnny Sanders, 3420 Grant, said there is so much hate and so much trouble
young people are getting into. Said God is still in control of our lives. Questioned how
many city managers the City had. Said the City Attorney is suppose to give Council
advice, not guess.
          Bradley Eichstaedt, 3141 Davenport, told Council he admired them, however, had
some concerns. Welcomed Interim City Manager Darnell Earley. Said Council needs to
move forward, the City needs to be positive. Mentioned taking 30 youth groups to the
Saginaw Spirits game. Said this is a sign that Saginaw is not dead. Asked Council to
make suggestions to the Board of Education with regard to violence in the Schools.
Encouraged citizens to get out and vote.
          Saleem Mannan, 1514 Milton, thanked Mayor Ham, Councilman O’Neal and
Chief Cliff for their assistance with his neighborhood problems. Said Saginaw has a very
good police force. They sincerely want to do their jobs but are frustrated because the
community does not give them support. Citizens need to come forth when they witness
criminal acts. Said we have to stop making dope pushers heroes in the community.

                               REMARKS OF COUNCIL
                                                                       th
          Councilman Haynes advised citizens the polls on November 8 would be open
from 7:00 a.m. to 8:00 p.m. Informed them on how to get an absentee ballot and urged
them to vote. Announced a public hearing scheduled for November 1, 2005, from 4-6 p.m.
in the City Hall Council Chamber for block grant fund applicants. Spoke on town houses
being built in the Ruben Daniels area. Questioned the status of the New Covenant,
Jacobson building matter. (Interim City Manager Darnell Earley and Director of
Development Odail Thorns advised Council the parties [City, New Covenant & Downtown
Development Authority) were working to get the issues resolved.
          Councilman O’Neal thanked Mr. Earley for providing the information on the City
garage overtime issue. Requested answers to some additional questions on the matter.
Thanked Chief Cliff and his department for promptly responding to Mr. Mannan’s request
                            OCTOBER 24, 2005                                         493

and thanked Mr. Mannan for taking leadership in his neighborhood. Mentioned MyKing
Smith’s efforts in working with young men. Said the City should embrace people like him.
 Requested owner and tax information on vacant properties and abandoned buildings and
                rd
homes from 23 Street down Remington and Holland to City Hall. Said these streets are
the City’s main arteries and should be given concentration.
          Councilman Federspiel mentioned he had recently attended the Fire Department
Award Ceremony and what a nice program it was. Thanked Chief Cliff and his department
for the phenomenal job they were doing with the increased crime. Gave support to Officer
McDole for the unfortunate harassment incident he recently experienced on his way to
work. Stressed to citizens the need to support their local stores to encourage them to stay
in the City and maybe bring other businesses in. Thanked all those citizens that are
supporting the City and being vigilant in reporting criminal activity.
          Councilman Soza thanked two officers who recently assisted a woman and
escorted her home. Mentioned candidates should not place their signs in the City’s right-
of-way. Spoke of an incident at the police department wherein an officer was demoted for
taping the Police Chief’s conversation. Said we need to send a message to our children
to report the bad things that happen in the community. Said it takes courage to step
forward and speak the truth. In reference to Mr. Jesse’s comments on unfunded liabilities,
said the National League of Cities is working to curb the damage this does to cities .
(Showed an afghan he had received as a gift.)
          Councilwoman Thurin thanked the constituent who sent her the letter and
flowers. Confirmed with the City Manager that he would provide Council with a
presentation on the impact the Delphi bankruptcy will have on the City and the Police and
Fire pension.
          Mayor Ham mentioned several events she had attended in the community.
Commended Dr. Shaheen and Willie Richardson for the recent awards they had received
and for all they have done for Saginaw. Suggested the abandoned homes in the City be
sold for $100 and a financial institute give them a loan to have the house fixed within a
certain time frame. Mentioned six abandoned homes on Emily Street. Said the City
needs to find the ways and means to cure these eyesores. Requested City staff respond
to questions from citizens at the podium.

          REPORTS FROM BOARDS AND COMMISSIONS AND COMMITTEES
          Councilwoman Thurin reported members of the Precinct Committee had met with
the School District to finalize the contract. Reminded voters who normally vote at Audra
Francis Center would be voting at Saginaw High School gymnasium for the upcoming
election.
          Councilman Soza requested an update from the Riverfront Commission on the
Mexican American Council (MAC) building. Councilwoman Cottrell reported there was no
update. She said several attempts were made to schedule a meeting but the MAC
members were not available. Councilman Soza inquired of the City Attorney as to the
advantages/disadvantages of leasing or selling the property. (City Attorney Tom Fancher
explained with a lease the City would retain title and regain possession at the termination
of the lease. With a sale, the City would divest themselves of title and MAC would have
title from that time forward. He explained it is currently under an old 2-year lease which
494                         OCTOBER 24, 2005

had expired, and therefore MAC had been leasing month-to-month with a 90-day notice for
termination of the lease.) Councilman Soza requested members from MAC come forward
and explain the programs held at the building and the improvements MAC had made.
There was much discussion about the property after which time, Councilwoman Thurin
confirmed with City Attorney Tom Fancher that Council had the authority to deed the
property without the consent of the Riverfront Development Commission. After additional
discussion, Councilman Soza moved to deed the property [1537 S. Washington] to the
Mexican American Council. There was additional discussion with regard to the property
being the last piece of valuable property owned by the City in the Grove, deeding it without
knowing the value of the property, the parties sitting done to discuss the matter, providing
activities for youth in Saginaw and the need to listen to the recommendations from our
Boards and Commissions, after which time Councilman Haynes called the question.
Adopted by the following vote:
          Ayes: Willie Haynes, Amos O’Neal, Daniel Soza, Roma Thurin, and Mayor
Wilmer Jones Ham-5.
          Nays: Councilpersons Carol Cottrell, William Federspiel-2.
          Absent: Councilman Coleman-1.

        The motion to deed the property was then adopted by the following vote:
        Ayes: Willie Haynes, Amos O’Neal, Daniel Soza, Roma Thurin, and Mayor
Wilmer Jones Ham-5.
        Nays: Councilpersons William Federspiel and Carol Cottrell-2.
        Absent: Councilman Coleman-1.

       City Attorney Tom Fancher said Council may need to affirm the details at a
subsequent meeting. Councilman O’Neal requested the paperwork be expedited.

            APPOINTMENT OF BOARD AND COMMISSION MEMBERS
         Consideration of appointing Darnell Earley to fill the following vacancies:

         MBS International Airport Commission, with a term to expire 12/31/08;
         Saginaw Midland Water Supply Corporation, with a term to expire 12/31/06;
         Saginaw County 911 Communications Authority, with an indefinite term;
         Police and Fire Pension Board, with an indefinite term;
         City MERS Pension Board, with a term to expire 6/30/08; and
         Downtown Development Authority, with a term to expire 11/01/08.
         Riverfront Development Commission, with an indefinite term.

         Councilman Federspiel moved to approve the appointments.
         Adopted unanimously.

From the Boards and Commission Committee:
        Consideration of reappointing Susanne Marie Smokoska to the Human Planning
Commission, with a term to expire November 24, 2007.
        Councilman O’Neal moved to approve the appointment.
                OCTOBER 24, 2005   495

Adopted unanimously.
496                        OCTOBER 24, 2005

                            REPORTS FROM CITY MANAGER
Management Update
          Interim City Manager Darnell Earley explained the process of addressing
Council’s issues brought forth at the meetings either by them personally or through public
appearances. He requested Council members call him if they need additional information.
 Assured Council the City did not bounce over $400,000 in checks as indicated by a citizen
at a prior meeting. It was a technical issue created by the City switching from one
depository to another, which was corrected. Said one person alone is not going to be able
to meet the challenges of the City. It will take planning, cooperation and working through
all levels.
          Interim City Manager Darnell Earley then explained budget issues the City was
facing which included overtime for police and fire, pensions contributions for MERS and
police and fire pension funds, rising health care costs, the Delphi bankruptcy and the
City’s inability to generate additional revenue.

Recommended Actions
Subject: Specialty Water Main Tap On Pre-stressed Concrete Pipe
         Manager’s Recommendation: I recommend acceptance of the quote from Price
Brothers, Inc. and issuance of a purchase order to them in the amount of $6,385.00 for a
specialty water main tap. They are a sole source for this service.
         This vendor meets all requirements of Contract Compliance Provisions, Title 1,
Chapter 14, §14.35 - 14.44, of the Saginaw Code of Ordinances.
         Funds for this purchase are available in the Maintenance & Service Operation
Account No. 591-4721-861-80-05.
         Justification: Price Brothers is the original manufacturer of the steel cylinder
reinforced concrete pipe that will be tapped for the new crosstie. This is a highly
specialized service that city personnel and utility contractors aren’t equipped to do.
                                                                                     th
         This water main tap will provide better water pressure in the vicinity of 17 and
Hadley Streets near the connections to Delphi, East Genesee and Community Hospital
Laundry Services, as well as provide a more reliable water supply to the area.
         Council Action: Councilman Haynes moved to accept the recommendation of the
City Manager.
         Adopted unanimously.

Subject:           Ductile Iron Water Main and Fittings
         Manager’s Recommendation: I recommend acceptance of the bid and issuance
of a blanket purchase order to Michigan Pipe and Valve in the amount of $31,190.00 for
fiscal year 2005-06 for the purchase of water main and fittings to be used by the
Maintenance and Service Division.
         This vendor meets all the requirements of the Contract Compliance Ordinance
Provisions Title 1, Chapter 14 § 14.35 - 14.44, of the Saginaw Code of Ordinances.
          Funds for this purchase are available in the Water Inventory Account No. 591-
0000-171-11-30.
         Justification: On May 20, 2004, the Public Utilities Department, Maintenance and
Service Division, received one bid for a two-year supply of Ductile Iron Water Pipe and
                              OCTOBER 24, 2005                                      497

Fittings that will be used in the construction and repair of the Water Distribution and
Transmission System(s). Initially, Council approved the first year and now the second year
requires Council approval as well. A cost comparison shows a 6% increase over last
year’s purchase. Following is a tabulation of the bids submitted:

         2005/2006 Cost                              Michigan Pipe and Valve
                                              Saginaw (out City)

         Ductile Iron Water Main Pipe         $24,400.00
         Ductile Iron Crosses and Tees            440.00
         M. J. Reducers                         4,600.00
         M. J. Bends                            1,755.00
                         nd
         Total Cost for 2 Year                $31,190.00

        Council Action: Councilman Haynes moved to accept the recommendation of the
City Manager.
        Adopted unanimously.

Subject: Uniforms for Fire Department Personnel
          Manager’s Recommendation: I recommend that acceptance of the low and
issuance of purchase orders to Metropolitan Uniform Co. in the amount of $21,199.69 for
fiscal year 2006, $21,199.69 for fiscal year 2007, and $23,472.54 for fiscal year 2008 for
fire department uniforms.
          This vendor meets all requirements of the Contract Compliance Provisions, Title
1, Chapter 14, §14.35-14.44, of the Saginaw Code of Ordinances.
          Funds are available in the General Fund Fire Suppression Account No. 101-3751-
751.73-03.
          Justification: On October 4, 2005, the City received bids for a three-year
purchase order for uniform shirts, trousers, jackets, belts, hats and ties for the Fire
Department. The uniforms are to be purchased on an as-needed basis. Following is a
tabulation of the bids received:

         Metropolitan Uniform Co.             $21,199.69 (FY2006)
         Saginaw, MI                          $21,199.69 (FY2007)
                                              $23,472.54 (FY 2008)

         Nye Uniform                          $23,510.00 (FY 2006)
         Saginaw, MI                          $24,409.00 (FY 2007)
                                              $25,365.00 (FY 2008)

         The Purchasing Committee has reviewed the bids and I recommend the low bid
from Metropolitan Uniform Co. be accepted and that purchase orders be approved and
issued to them in the amounts listed for each fiscal year.
         Council Action: Councilman Haynes moved to accept the recommendation of the
498                        OCTOBER 24, 2005

City Manager.
        Adopted unanimously.

Subject: Mary Dryzga Personal Services Agreement
          Manager’s Recommendation: I recommend approval of the personal services
agreement with Mary Dryzga. The agreement has been approved by me as to substance
and the City Attorney as to form.
          Funds for the agreement are available in the Controller’s Other
Services/Professional Services Account No. 101-1741-711 80-01.
          Justification: For the past several weeks, the City has utilized the services of
Trillium Staffing for temporary workers to assist the Fiscal Services Department with
reconciling accounts for the audit. Ms. Dryzga is a retired accountant from Bay County.
She is familiar with municipal operations and governmental accounting. Ms. Dryzga’s
hourly rate is Twenty-Five Dollars and 00/100 ($25.00) an hour and she will work forty (40)
hours a week. The term of the agreement is for six months and the amount of the
agreement will not exceed Sixteen Thousand Dollars and 00/100 ($16,000.00).
          Council Action: Councilman Haynes moved to accept the recommendation of the
City Manager.
          Adopted unanimously.

Subject: Saginaw Transit Authority Regional Services Lot Number 23 Parking Agreement
          Manager’s Recommendation: I recommend that the agreement with Saginaw
Transit Authority Regional Services (“STARS”) to lease parking spaces in the City’s
Municipal Parking Lot Number 23 be approved. The agreement is for a period of one year.
 It has been approved by me as to substance and the City Attorney as to form.
          Justification: Transmitted herewith is a standard group parking agreement
between the City of Saginaw and STARS. Under the agreement, STARS will pay the City
Five Hundred Eighty-Four Dollars and 38/100 ($584.38) per month to lease twenty-five (25)
parking spaces in the City’s Municipal Parking Lot Number Number 23 located at 124
North Franklin Street. This term of this agreement is for one year.
          Council Action: Councilman Haynes moved to accept the recommendation of the
City Manager.
          Adopted unanimously.

Subject: Saginaw Transit Authority Regional Services Lot Number 4 Parking Agreement
         Manager’s Recommendation: I recommend that the agreement with Saginaw
Transit Authority Regional Services (“STARS”) to lease parking spaces in the City’s
Municipal Parking Lot Number 4 be approved. The agreement is for a period of one year.
It has been approved by me as to substance and the City Attorney as to form.
         Justification: Transmitted herewith is a standard group parking agreement
between the City of Saginaw and STARS. Under the agreement, STARS will pay the City
Seven Hundred Sixty-Eight Dollars and 00/100 ($768.00) per month to lease sixty (60)
parking spaces in the City’s Municipal Parking Lot Number 4 located at 212 North
Jefferson Avenue. The term of this agreement is for one year.
         Council Action: Councilman Haynes moved to accept the recommendation of the
                            OCTOBER 24, 2005                                         499

City Manager.
        Adopted unanimously.

Subject: Gabriel, Roeder, Smith and Company Agreement
         Manager’s Recommendation: It is recommended that the agreement between
the City of Saginaw and Gabriel, Roeder, Smith and Company (“GRS”) be approved.
Pursuant to the terms of the agreement, GRS will provide services related to the City of
Saginaw’s (“City”) actuarial attestation in the Medicare Part D Retiree Drug Subsidy
Application process for the Centers for Medicare and Medicaid Services (CMS). The
amount of the contract will not exceed Five Thousand Two Hundred Fifty Dollars and
00/100 ($5,250.00).         In addition, it is recommended that Council designate the City
Manager and/or his designee, as the City’s authorized representative to sign the
agreement. I have approved the agreement as to substance and the City Attorney as to
form.
         This vendor meets all requirements of the Contract Compliance Provisions, Title
1, Chapter 14, §14.35-14.44, of the Saginaw Code of Ordinances.
         Funds for this service are budgeted in the Employee Services Professional
Services Account No. 101-1725-701-8001.
             Justification: GRS will conduct the actuarial equivalence test required by the
Medicare Modernization Act for the City’s retiree drug subsidy. It will review the data
content and layout provided by Blue Cross Blue Shield of Michigan/Blue Care Network of
Michigan of the City’s current plan provisions and retiree cost sharing arrangements,
determine the actuarial equivalency of each prescription drug benefit option to the
Medicare Part D benefit and prepare the actuarial attestation that is due by October 31,
2005.
         Council Action: Councilman Haynes moved to accept the recommendation of the
City Manager.
         Adopted unanimously.

         All City Manager recommendations to this point were adopted by general
consent. The following was considered after discussion.

Subject: Approval of Agreement with Miller Canfield for Legal Services
           Manager’s Recommendation: I recommend approval of the Agreement for
Professional Legal Services with Miller, Canfield, Paddock & Stone, PLC. This contract
has been approved by the City Manager as to substance and the City Attorney as to form.
           Justification: The City has entered into agreements with four local law firms to
provide legal services. These services are necessary in the areas of conflict of interest,
expertise and work overflow. These contracts are five years in duration, but either party
may elect to terminate the contract upon sixty days notice. There is no minimum amount
of work guaranteed or promised to any law firm. The purpose of the contracts is to provide
a pre-existing framework for assignments sent to the various firms. The contracts set the
hourly rate for services and the amount of expenses charged. This is a proposal to add a
fifth law firm.
           The City has used the services of the law firm of Currie Kendall, PLC, for many
500                         OCTOBER 24, 2005

years. This is primarily through attorney Peter C. Jensen, a local attorney with a good deal
of experience in municipal law and general litigation. Mr. Jensen is now associated with
the law firm of Miller, Canfield, Paddock & Stone, PLC, whose local office is located in the
same building as Currie Kendall, PLC. Mr. Jensen and Miller Canfield have offered to
enter into a contract for an additional five years at the same rates, terms and conditions as
the existing one with Currie Kendall, PLC.
          Council Action: Councilwoman Cottrell advised Council that Miller Canfield were
her personal attorneys, however, since she was not paid by them there was no conflict of
interest. She then moved that the recommendation from the City Manager be approved.
          Adopted unanimously.

                   MOTIONS AND MISCELLANEOUS BUSINESS
          Mayor Ham announced that she had set up a quality assessment team for CDBG
funding and would introduce the members at the next meeting. Said she would also like
to establish a committee for Saginaw’s 150-year Celebration.

          City Attorney Tom Fancher advised Council that he reviewed the Charter and
Code of Ordinances on the sale of City property due to the earlier motion. He noted that in
the Code of Ordinances under §14.27 on the Sale of Property, Council would have to
authorize the sale of property without competitive bidding if it believed it was in the best
interest of the City to do so.

          Councilwoman Thurin moved that it was clearly in the best interest of the City and
the children of the City based on the information and vote taken to expedite the process
and deed the property at 1537 S. Washington to the Mexican American Council for $1.
          Adopted by the following vote:
          Ayes: Willie Haynes, Amos O’Neal, Daniel Soza, Roma Thurin, and Mayor
Wilmer Jones Ham-5.
          Nays: Councilpersons Carol Cottrell, William Federspiel-2.
          Absent: Councilman Coleman-1.

         RESOLUTION SETTING A PUBLIC HEARING IN ACCORDANCE WITH
              SECTION 27 OF THE CHARTER OF THE CITY OF SAGINAW
          Councilwoman Cottrell offered and moved adoption of the following resolution:
          WHEREAS, Cecil A. Collins, Jr. is employed pursuant to a certain employment
agreement, which provides that his employment with the City is “at will”, subject to the
terms of Section 27 of the City Charter; and
          WHEREAS, on September 12, 2005, the City Council, in accordance with this
provision of the City Charter, voted to commence with the termination of Cecil A. Collins,
Jr. stating the reasons for its decision therein; and
          WHEREAS, the City Council, in addition to voting to commence with the
termination of Cecil A. Collins, Jr. and otherwise in accordance with this provision in the
City Charter, suspended him from duty, but continued his regular pay, pending a public
hearing and final disposition on his “at will” employment with the City; and
          WHEREAS, on September 16, 2005, in accordance with this provision of the City
                             OCTOBER 24, 2005                                            501

Charter, the City sent appropriate notice to Cecil A. Collins, Jr. of the City Council’s intent
to terminate his employment, with the reasons for City Council’s decision stated therein;
and
          WHEREAS, on September 26, 2005, in response to the City Council’s intent to
terminate his employment, Cecil A. Collins, Jr. sent correspondence to the City’s attorney
requesting a public hearing as provided; and
          WHEREAS, the City Council, in accordance with the City Charter, intends to
schedule a public hearing at the request of Cecil A. Collins, Jr., prior to any final
disposition on the matter of his “at will” employment; and
          WHEREAS, this resolution continues the due process of providing all rights and
privileges under Section 27 of the City Charter; now
          THEREFORE BE IT RESOLVED, that the City Council, at the request of Cecil A.
Collins, Jr., does hereby schedule a public hearing in accordance with Section 27 of the
City Charter for Thursday, November 3, 2005 at 6:30 p.m. in the Council Chamber of City
Hall.
          Adopted unanimously.

         (Director of Development Odail Thorns gave a brief presentation and explanation
of the upcoming block grant funding process which included recommendations and
corrections requested by HUD.)



         At 9:35 p.m., Councilwoman Cottrell moved to adjourn the meeting.
         Adopted unanimously.




Diane M. Herman
City Clerk

				
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