Page 9. Argument:
Rick Howell falsely claims the Judge committed improper and error in his ruling of the “uncontroverted facts.” The only uncontroverted facts are those that have been provided by Mr. Green in his complaint and arguments to the judge in the hearing of Howell’s Motion to Dismiss held December 10, 2019.
A trial Jury is the proper tryer of facts and this appeal should therefore be denied and this case proceed to find the truth and administer the appropriate justice in this matter.
Page 10 Standards of Review:
Section I. Howell continues his march of inaccuracies and misrepresentations in every instance. Obviously, a pattern that the Appeal Court should be made officially aware of. Every standard or review in these Standards of Review were argued fully in the Motion to Dismiss Hearing before Judge W. Todd Pomeroy on December 10, 2019-Except for Defendants claim of “rhetorical hyperbole” in section E on page 23 of Howell’s Brief.
Every claim in Defendant’s appellate brief contends that Defendant Rick Howell was acting properly in his role as a Public Figure and the City Manager for the City of Shelby’s City Council. Therefore, deserving immunity, absolute of limited immunity. Yet Defendant argues in Section II. E. on Page 23 that Defendant Howell is stating “in arguendo” that he was exercising his right to use rhetorical hyperbole, basically a joke, as protected speech in his official role as an investigator and finder of fact in his written defamatory email recommendation to the Council of the City of Shelby. Telling jokes to the City of Shelby Council is found nowhere in Defendant’s brief or city policy or in law. Such conflicting logic as this was not presented to the Court on December 10, 2019 and has no basis in this appeal except to show that Defendant is close to a Rule 11 violation and subsequent sanction for causing undue delay and expense to Plaintiff in this matter.
Plaintiff Willie Green argues the Court on December 10, 2019 heard all the claims and arguments of defendant Howell in that hearing and the Judge clearly understood the law and implications of removing immunity from Defendant Rick Howell for his clear action that were defamatory, malicious, wonton and corrupt. But the facts and evidence presented then, as it is now, in this answer to Howell’s appellate brief is that the Court did not erroneously rule in anything material to this case and that Defendant’s arguments are not valid. i.e. The Motion Hearing Judge was correct in his findings of fact and of law.
RAW Note: Basically, all the statements Defendant uses in Section II, A-E (pages 13-23) are examples of defendants failed logic and deceptive twists and turns of arguments that, in every case, leaves out the relevant facts and the truth of the matter.
Page 24 Section III:
In this section Defendant Rick Howell plays the race card as well as mis-stating in footnote 10 that the city of Shelby had not sought unsolicited proposals. If not, why did they adopt the 10 Year plan?? The 10 Year plan was a statement of exactly what the City of Shelby stated they wanted and Mr. Green making contact with the City of Shelby and offering negotiated proposals was entirely appropriate.
Also, defendant’s two years of negotiation clearly indicates that at some point Rick Howell and the City of Shelby ceased to negotiate in good faith for what they said in their resolution that they wanted.
Also, first sentence on page 26 says Howell based his statements of facts as known to him. Howell did not attempt to find the facts or he would have known that his conclusion was incorrect. Failure to do due diligence is a good example of malicious intent and corrupt intent.
Page 26-Conclusion
Total misrepresentation of facts and conclusion. Defendant’s own brief shows in almost every instance that the facts are distorted to leave out relevant information. Clearly an obvious attempt to deceive the Appellate Court into making an erroneous finding.
Folks, nobody ever said that keeping up with corruption in government is easy. Rev. Murphy, Mr. Willie Green and myself have spent a lot of time and effort trying to bring about an ethical, legal, unbiased and just operation of the City of Shelby as well as Cleveland County. YOU can do your part by paying attention and keeping yourself informed. That is what we are doing. Not one word of what has been said in this article is based on what somebody told us or what we might want to believe. We have looked up the law, attending hearings and meetings and speak from our own experience. If somebody on the street who doesn’t know anything tells you that this is “hooey,” just walk away from that fool and never believe anything he or she might every say again.
Stay tuned folks. Everything here is public record and so will be Mr. Green’s official response to Rick Howell’s Appellant’s Brief. Will provide that too when available. And Note that this will most likely be tried in court sometime in the future, Plan on attending and see for yourself what your government agencies are doing. And spending your tax dollars on.
Brief of Appellant Rick Howell4.17.2020.1