Jonathan Michaels fights for grassroots democracy

Although the city doesn't make deed restrictions, city attorneys like Jonathan Michaels protect the restrictions communities place on themselves. It's a way the city helps maintain the peace.

Story and photos by Dave Schafer

A defendant once accused Jonathan Michaels in a court filing of working with al-Qaeda. In fact, Michaels was working as an assistant city attorney enforcing neighborhood deed restrictions.

Others have made different accusations.

“Jonathan Michaels has been excellent to work with. He’s always handled matters professionally, even during the difficult period following hurricanes Katrina and Rita,” wrote Joe Hightower, president of the Southampton Place Extension Property Owners’ Association.

“Mr. Michaels’ comments were very informative. He provided valuable information to citizens pursuing correction of neighborhood problems,” said Frank Silcock, president of the Westbury Civic Club, after Michaels made a presentation at the Citizen/City Cooperation Forum.

“Jonathan is a very hard-working attorney and is fair with citizens and everyone he works with,” said Daniel Doherty, Michaels’ boss in the revenue and compliance division.

Fairness is at the heart of what Michaels does.

He became a lawyer – after earning psychology and nursing degrees – because he believed some people are treated unfairly in disputes. Lawyers, he said, have the ability to change that.

“I try to be fair and just when I work a case,” he said. “As long as you’re fair with people, they respond to you, and you can solve the case more efficiently.”

Playing by their rules
Michaels, a civil litigator, spends his days enforcing neighborhood deed restrictions and dangerous building and nuisance ordinances.

He and the rest of the revenue and compliance division also handle protests of liquor license applications and renewals, help departments with construction permit approvals and tax matters, handle annexation proceedings, and monitor the city’s tax-collection contracts.

Many evenings he speaks to neighborhood associations and citizens’ groups about deed restrictions and the evidence that can help the city build a case against violators.

“I get more work done after 6 p.m. than during the day a lot of times,” he said.

That impressed Hightower.

“On several occasions, he has called me well past regular business hours, indicating a dedication to the important work that he is doing,” Hightower wrote. “Our association greatly appreciates his fine work.”

The city doesn’t create deed restrictions. As a way of breaking up or stemming fights between neighbors, it enforces restrictions created by homeowners’ associations and civic groups.

“Our goal is to get them in compliance, to get them to follow the rules they decide on,” said Michaels, one of about 100 city attorneys. “We try to protect the neighborhood.

“People want to think that their home is their castle, and it is, but it’s your castle with restrictions.”

But, Michaels is quick to point out, his job isn’t about punishing the wayward.

The benevolent attorney
When the city gets a complaint, an investigator checks to see if there really is a violation. If there is and it falls in Michaels’ area, council districts C, D, and F, Michaels sends a letter notifying the violator of the restrictions.

Many deed restriction violators are just ignorant of the rules. But if they don't respond to Michaels' polite reminder, he may have to take them to state district court.

“We try to take the blank-slate approach. They’re not bad people, they just don’t know the rules,” he said.

Many times, that bit of education is all it takes, and if the violation is fixed within 15 –30 days, longer if they request an extension, that’s often the end of the matter, with no fine or fee.

“We try to be a benevolent city,” Michaels said.

About one in 100 times, though, his polite letter gets ignored. Perhaps the homeowner has a different take on the restriction, or maybe he just doesn’t want to listen to the city.

The city sues those violators, and Michaels ends up arguing the facts in state district court.

The city has a good rapport with district judges, Michaels said, and the cases aren’t tricky. “The rules are the rules.”

Others’ heads, and what’s in them
Michaels was a nurse in a psychiatric ward before becoming a lawyer in 2000. He still works four to six weekend shifts per month at Methodist Hospital’s psychiatric ward.

In 2002, Michaels joined the city because a friend who worked in the Legal Department told him how good a job it was. The friend has long gone into private practice.

Michaels likes that the department is customer-oriented and emphasizes dealing with both parties in a dispute fairly. That’s something he couldn’t always do if he worked in the private sector.

“If it wasn’t like that, if it was all about hammering them and taking their money, I wouldn’t still be here,” he said.

Also, his bosses are approachable and eager to share their knowledge, making him a better lawyer, he said. It’s almost like a family.

“I’m blessed that I have the opportunity to assist in the development of my birth city and my community,” Michaels said. “I get to give back.”

The city is fortunate to have Jonathan Michaels on its team, said Mayor Bill White.

“Jonathan understands what being a public servant is about. He's truly here to help the citizens make the community better. And he's tireless in those efforts.”