A Primer
© January 23, 2009
All rights reserved.
Much controversy and uncertainty has been generated by the provisions of the open-government laws of Virginia, especially as they apply to meetings of local governing bodies. Here I will try to summarize what those laws are and how they work. The text of the most important sections follows at the end. This discussion primarily concerns local government though these laws, found in Title 2.2 (“Administration of Government”) of the Code of Virginia, are applicable to all levels of Virginia government. All sectional references are to the Virginia Code.
The “default” position of Virginia law is that all governmental meetings MUST be open and provide proper notice of such meetings UNLESS they fall into a specific statutory exception. See §2.2-3707. So, if a public body wants to meet in closed session, it must follow a prescribed procedure set forth in §2.2-3712, no exceptions.
CLOSED MEETING PROCEDURE:
1. To go into a closed meeting, there must be an AFIRMATIVE RECORDED VOTE in an OPEN meeting approving, IN ADVANCE, a motion that (i) identifies the subject matter, (ii) states the purpose of the meeting and (iii) makes SPECIFIC REFERENCE to the applicable exemption. A general reference to those provisions is not sufficient compliance. The Code does not specify that the motion must be in writing, but all of these requirements should be accurately memorialized in the Minutes with the specificity required. A failure of the Minutes to reflect such specificity might give rise to a presumption that proper procedures were not followed, if later reviewed in court. The same caveats would apply to the provisions requiring certain post-meeting procedures.
2. During the closed meeting, only the specified business may be discussed, nothing else. Minutes MAY be taken but are not required. No votes may be taken in closed meetings. No informal agreements or arrangements should be made or even discussed in closed meetings.
3. Once the closed meeting’s specified business has been concluded, the meeting must terminate and the governing body must immediately reconvene in an OPEN meeting. A roll call or other recorded vote SHALL be included in the minutes of that body, CERTIFYING that to the best of each member's knowledge (i) only public business matters lawfully exempted from open meeting requirements under this chapter and (ii) only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by the public body. Any member of the public body who believes that there was a departure from the requirements of clauses (i) and (ii), SHALL so state in the OPEN meeting prior to the vote. In my opinion, a failure to raise an alarm or to vote against the “certifying” motion could cause problems for such protesting members. However, a failure of the “certifying” vote shall not necessarily impair the validity of the closed meeting, but it obviously does present some risks.
4. Following the “certifying” roll-call vote, another roll call vote should be taken in the open meeting if there be any desired action, which must be “reasonably identified in the open meeting” and must have been properly noticed as required in §2.2-3707.
ALLOWABLE EXEMPTIONS:
§2.2-3711 sets forth certain specific itemized categories of exemptions to the requirements of open meetings. These exemptions are quite limited in nature and should not ever be cited generally. Basically, they all turn on the sensitive nature of matters that SHOULD be kept private, especially where specific individuals or businesses are concerned. Certain matters involving SPECIFIC litigation or other SPECIFIC legal matters concerning the local government are also grounds for exemption, but they must be SPECIFIC. And, they must be specifically cited when there is a motion made to go into closed session, as must also any sensitive negotiations or bargaining for the benefit of the local government. In these categories, there is an additional specific requirement for a detailed showing that to air such matters in an open meeting would be specifically detrimental.
1. The employment of individuals or the performance of existing governmental employees, or any discipline pertaining thereto, may be the subject of a closed meeting. Individual privacy may be the subject of a closed meeting.
2. The scholastic performance of a public-school student may be the subject of a closed meeting.
3. The acquisition or disposition of publicly owned REAL ESTATE may be the subject of a closed meeting, BUT ONLY if the bargaining or negotiating position of the locality would be specifically affected. No vote or other agreement may be reached in such closed meeting.
4. Discussion of development or expansion of a proposed or existing business or industry may be had where no prior public announcements have been made. It appears that no closed meeting can be held IF there has been any sort of public announcement by anyone. Confidential proprietary information and trade secrets are exempt from disclosure and may be discussed.
5. Investment of public funds may be discussed in closed meetings, BUT ONLY if a bargaining or negotiating position of the locality would be specifically affected.
6. a. Actual, probable or threatened litigation may be discussed in closed meeting, BUT ONLY if the bargaining or negotiating position of the locality would be specifically and adversely affected;
b. Any consultation with counsel about a specific legal matter may be held in closed meeting, but it must be specific; and
c. No general reference to “legal matters” seems sufficient; the mere presence of legal counsel is not enough to satisfy the Code.
7. The siting of hazardous waste may be discussed in closed meeting, BUT ONLY if the bargaining or negotiating position of the locality would be specifically adversely affected.
8. Specific terrorist activities may be discussed in closed meetings.
9. The award of public contracts may be discussed in closed meetings, BUT ONLY if the bargaining or negotiating position of the locality would be specifically affected.
I doubt if there are any other exemptions available to local governments.
ENFORCEMENT:
§2.2-3713 sets forth the enforcement procedures. In my opinion, the deck is stacked against the locality if a violation is alleged. The liability for fines seems to be against the individual local governors, so they may not be reimbursed by the taxpayers. There are no jail penalties provided.
1. ANY PERSON may bring a complaint at any time, in the general district or circuit courts of the locality. The proper relief is to seek mandamus or injunction against the local governors.
2. The complaint Petition must provide a recital of the rights to open government supposedly violated, with “reasonable specificity” as to the failure of the exemption(s) supposedly claimed. Such information should be readily available from the public Minutes. As I indicated above, if the Minutes do not fully and accurately reflect the exemptions claimed, that might work against the interests of the governing body and its members.
3. The complaint must be accompanied by a sworn (notarized) affidavit demonstrating “good cause” for the claim. I would think that if the Petition itself is sworn, that would be sufficient to satisfy this requirement, so long as the Petition shows “good cause” and is sufficiently detailed.
4. The burden of proof is on the locality to show proper procedures were followed by a “preponderance” of the evidence.
5. The Petition should be heard by the court within seven days of its filing.
6. If the complainant “substantially prevails on the merits” in the eyes of the court, then the complainant may recover attorneys fees and costs from the locality, and the court may impose individual fines on the governors that I doubt may be reimbursed by the locality.
7. If the complainant substantially prevails, the publicity against the governing body will be absolutely rancid!
SUMMARY:
This is by no means a comprehensive recital of the procedures for closed meetings, but the statutes set forth below will speak for themselves. Local governments should be very careful about using closed meetings and, if they do, the complex requirements need to be followed to the letter. As I suggested, the deck is stacked against the locality, so caution is much required.
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The writer has been a practicing Virginia lawyer since 1973. All opinions expressed herein are his own.
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CODE OF VIRGINIA, 1950
(from CaseFinder CD-ROM, Aug. 2008)
Title 2.2 Administration of Government
Chap. 37 Virginia Freedom of Information Act, §§ 2.2-3700 — 2.2-3714
§ 2.2-3711. Closed meetings authorized for certain limited purposes. —
A. Public bodies may hold closed meetings only for the following purposes:
1. Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body; and evaluation of performance of departments or schools of public institutions of higher education where such evaluation will necessarily involve discussion of the performance of specific individuals. Any teacher shall be permitted to be present during a closed meeting in which there is a discussion or consideration of a disciplinary matter that involves the teacher and some student and the student involved in the matter is present, provided the teacher makes a written request to be present to the presiding officer of the appropriate board.
2. Discussion or consideration of admission or disciplinary matters or any other matters that would involve the disclosure of information contained in a scholastic record concerning any student of any Virginia public institution of higher education or any state school system. However, any such student, legal counsel and, if the student is a minor, the student's parents or legal guardians shall be permitted to be present during the taking of testimony or presentation of evidence at a closed meeting, if such student, parents, or guardians so request in writing and such request is submitted to the presiding officer of the appropriate board.
3. Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body.
4. The protection of the privacy of individuals in personal matters not related to public business.
5. Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community.
6. Discussion or consideration of the investment of public funds where competition or bargaining is involved, where, if made public initially, the financial interest of the governmental unit would be adversely affected.
7. Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; and consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. For the purposes of this subdivision, "probable litigation" means litigation that has been specifically threatened or on which the public body or its legal counsel has a reasonable basis to believe will be commenced by or against a known party. Nothing in this subdivision shall be construed to permit the closure of a meeting merely because an attorney representing the public body is in attendance or is consulted on a matter.
8. In the case of boards of visitors of public institutions of higher education, discussion or consideration of matters relating to gifts, bequests and fund-raising activities, and grants and contracts for services or work to be performed by such institution. However, the terms and conditions of any such gifts, bequests, grants, and contracts made by a foreign government, a foreign legal entity, or a foreign person and accepted by a public institution of higher education in Virginia shall be subject to public disclosure upon written request to the appropriate board of visitors. For the purpose of this subdivision, (i) "foreign government" means any government other than the United States government or the government of a state or a political subdivision thereof; (ii) "foreign legal entity" means any legal entity created under the laws of the United States or of any state thereof if a majority of the ownership of the stock of such legal entity is owned by foreign governments or foreign persons or if a majority of the membership of any such entity is composed of foreign persons or foreign legal entities, or any legal entity created under the laws of a foreign government; and (iii) "foreign person" means any individual who is not a citizen or national of the United States or a trust territory or protectorate thereof.
9. In the case of the boards of trustees of the Virginia Museum of Fine Arts, the Virginia Museum of Natural History, and The Science Museum of Virginia, discussion or consideration of matters relating to specific gifts, bequests, and grants.
10. Discussion or consideration of honorary degrees or special awards.
11. Discussion or consideration of tests, examinations, or other records excluded from this chapter pursuant to subdivision 4 of § 2.2-3705.1.
12. Discussion, consideration, or review by the appropriate House or Senate committees of possible disciplinary action against a member arising out of the possible inadequacy of the disclosure statement filed by the member, provided the member may request in writing that the committee meeting not be conducted in a closed meeting.
13. Discussion of strategy with respect to the negotiation of a hazardous waste siting agreement or to consider the terms, conditions, and provisions of a hazardous waste siting agreement if the governing body in open meeting finds that an open meeting will have an adverse effect upon the negotiating position of the governing body or the establishment of the terms, conditions and provisions of the siting agreement, or both. All discussions with the applicant or its representatives may be conducted in a closed meeting.
14. Discussion by the Governor and any economic advisory board reviewing forecasts of economic activity and estimating general and nongeneral fund revenues.
15. Discussion or consideration of medical and mental records excluded from this chapter pursuant to subdivision 1 of § 2.2-3705.5.
16. Deliberations of the State Lottery Board in a licensing appeal action conducted pursuant to subsection D of § 58.1-4007 regarding the denial or revocation of a license of a lottery sales agent; and discussion, consideration or review of State Lottery Department matters related to proprietary lottery game information and studies or investigations exempted from disclosure under subdivision 6 of § 2.2-3705.3 and subdivision 11 of § 2.2-3705.7.
17. Those portions of meetings by local government crime commissions where the identity of, or information tending to identify, individuals providing information about crimes or criminal activities under a promise of anonymity is discussed or disclosed.
18. Those portions of meetings in which the Board of Corrections discusses or discloses the identity of, or information tending to identify, any prisoner who (i) provides information about crimes or criminal activities, (ii) renders assistance in preventing the escape of another prisoner or in the apprehension of an escaped prisoner, or (iii) voluntarily or at the instance of a prison official renders other extraordinary services, the disclosure of which is likely to jeopardize the prisoner's life or safety.
19. Discussion of plans to protect public safety as it relates to terrorist activity and briefings by staff members, legal counsel, or law-enforcement or emergency service officials concerning actions taken to respond to such activity or a related threat to public safety; or discussion of reports or plans related to the security of any governmental facility, building or structure, or the safety of persons using such facility, building or structure.
20. Discussion by the Board of the Virginia Retirement System, acting pursuant to § 51.1-124.30, or of any local retirement system, acting pursuant to § 51.1-803, or of the Rector and Visitors of the University of Virginia, acting pursuant to § 23-76.1, regarding the acquisition, holding or disposition of a security or other ownership interest in an entity, where such security or ownership interest is not traded on a governmentally regulated securities exchange, to the extent that such discussion (i) concerns confidential analyses prepared for the Rector and Visitors of the University of Virginia, prepared by the retirement system or provided to the retirement system under a promise of confidentiality, of the future value of such ownership interest or the future financial performance of the entity, and (ii) would have an adverse effect on the value of the investment to be acquired, held or disposed of by the retirement system or the Rector and Visitors of the University of Virginia. Nothing in this subdivision shall be construed to prevent the disclosure of information relating to the identity of any investment held, the amount invested or the present value of such investment.
21. Those portions of meetings in which individual child death cases are discussed by the State Child Fatality Review team established pursuant to § 32.1-283.1, and those portions of meetings in which individual child death cases are discussed by a regional or local child fatality review team established pursuant to § 32.1-283.2, and those portions of meetings in which individual death cases are discussed by family violence fatality review teams established pursuant to § 32.1-283.3.
22. Those portions of meetings of the University of Virginia Board of Visitors or the Eastern Virginia Medical School Board of Visitors, as the case may be, and those portions of meetings of any persons to whom management responsibilities for the University of Virginia Medical Center or Eastern Virginia Medical School, as the case may be, have been delegated, in which there is discussed proprietary, business-related information pertaining to the operations of the University of Virginia Medical Center or Eastern Virginia Medical School, as the case may be, including business development or marketing strategies and activities with existing or future joint venturers, partners, or other parties with whom the University of Virginia Medical Center or Eastern Virginia Medical School, as the case may be, has formed, or forms, any arrangement for the delivery of health care, if disclosure of such information would adversely affect the competitive position of the Medical Center or Eastern Virginia Medical School, as the case may be.
23. In the case of the Virginia Commonwealth University Health System Authority, discussion or consideration of any of the following: the acquisition or disposition of real or personal property where disclosure would adversely affect the bargaining position or negotiating strategy of the Authority; operational plans that could affect the value of such property, real or personal, owned or desirable for ownership by the Authority; matters relating to gifts, bequests and fund-raising activities; grants and contracts for services or work to be performed by the Authority; marketing or operational strategies where disclosure of such strategies would adversely affect the competitive position of the Authority; members of its medical and teaching staffs and qualifications for appointments thereto; and qualifications or evaluations of other employees.
24. Those portions of the meetings of the Intervention Program Committee within the Department of Health Professions to the extent such discussions identify any practitioner who may be, or who actually is, impaired pursuant to Chapter 25.1 (§ 54.1-2515 et seq.) of Title 54.1.
25. Meetings or portions of meetings of the Board of the Virginia College Savings Plan wherein personal information, as defined in § 2.2-3801, which has been provided to the Board or its employees by or on behalf of individuals who have requested information about, applied for, or entered into prepaid tuition contracts or savings trust account agreements pursuant to Chapter 4.9 (§ 23-38.75 et seq.) of Title 23 is discussed.
26. Discussion or consideration, by the Wireless Carrier E-911 Cost Recovery Subcommittee created pursuant to § 56-484.15, of trade secrets, as defined in the Uniform Trade Secrets Act (§ 59.1-336 et seq.), submitted by CMRS providers as defined in § 56-484.12, related to the provision of wireless E-911 service.
27. Those portions of disciplinary proceedings by any regulatory board within the Department of Professional and Occupational Regulation, Department of Health Professions, or the Board of Accountancy conducted pursuant to § 2.2-4019 or 2.2-4020 during which the board deliberates to reach a decision or meetings of health regulatory boards or conference committees of such boards to consider settlement proposals in pending disciplinary actions or modifications to previously issued board orders as requested by either of the parties.
28. Discussion or consideration of records excluded from this chapter pursuant to subdivision 11 of § 2.2-3705.6 by a responsible public entity or an affected local jurisdiction, as those terms are defined in § 56-557, or any independent review panel appointed to review information and advise the responsible public entity concerning such records.
29. Discussion of the award of a public contract involving the expenditure of public funds, including interviews of bidders or offerors, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body.
30. Discussion or consideration of grant application records excluded from this chapter pursuant to subdivision 17 of § 2.2-3705.6 by (i) the Commonwealth Health Research Board or (ii) the Innovative Technology Authority or a grant allocation committee appointed to advise the Innovative Technology Authority on the grant applications.
31. Discussion or consideration by the Commitment Review Committee of records excluded from this chapter pursuant to subdivision 9 of § 2.2-3705.2 relating to individuals subject to commitment as sexually violent predators under Chapter 9 (§ 37.2-900 et seq.) of Title 37.2.
32. [Expired.]
33. Discussion or consideration of confidential proprietary records and trade secrets excluded from this chapter pursuant to subdivision 18 of § 2.2-3705.6.
34. Discussion or consideration by a local authority created in accordance with the Virginia Wireless Service Authorities Act (§ 15.2-5431.1 et seq.) of confidential proprietary records and trade secrets excluded from this chapter pursuant to subdivision 19 of § 2.2-3705.6.
35. Discussion or consideration by the State Board of Elections or local electoral boards of voting security matters made confidential pursuant to § 24.2-625.1.
36. Discussion or consideration by the Forensic Science Board or the Scientific Advisory Committee created pursuant to Article 2 (§ 9.1-1109 et seq.) of Chapter 11 of Title 9.1 of records excluded from this chapter pursuant to subdivision F 1 of § 2.2-3706.
37. Discussion or consideration by the Brown v. Board of Education Scholarship Program Awards Committee of records or confidential matters excluded from this chapter pursuant to subdivision 3 of § 2.2-3705.4, and meetings of the Committee to deliberate concerning the annual maximum scholarship award, review and consider scholarship applications and requests for scholarship award renewal, and cancel, rescind, or recover scholarship awards.
38. Discussion or consideration by the Virginia Port Authority of records excluded from this chapter pursuant to subdivision 1 of § 2.2-3705.6.
39. Discussion or consideration by the Board of Trustees of the Virginia Retirement System acting pursuant to § 51.1-124.30, or the Investment Advisory Committee appointed pursuant to § 51.1-124.26, or by any local retirement system, acting pursuant to § 51.1-803 of records excluded from this chapter pursuant to subdivision 25 of § 2.2-3705.7.
40. Discussion or consideration by the Department of Business Assistance, the Virginia Economic Development Partnership, the Virginia Tourism Authority, the Tobacco Indemnification and Community Revitalization Commission, a nonprofit, nonstock corporation created pursuant to § 2.2-2240.1, or local or regional industrial or economic development authorities or organizations of records excluded from this chapter pursuant to subdivision 3 of § 2.2-3705.6.
41. Discussion or consideration by the Board of Education of records relating to the denial, suspension, or revocation of teacher licenses excluded from this chapter pursuant to subdivision 13 of § 2.2-3705.3.
42. Those portions of meetings of the Virginia Military Advisory Council, the Virginia National Defense Industrial Authority, or a local or regional military affairs organization appointed by a local governing body, during which there is discussion of records excluded from this chapter pursuant to subdivision 12 of § 2.2-3705.2.
B. No resolution, ordinance, rule, contract, regulation or motion adopted, passed or agreed to in a closed meeting shall become effective unless the public body, following the meeting, reconvenes in open meeting and takes a vote of the membership on such resolution, ordinance, rule, contract, regulation, or motion that shall have its substance reasonably identified in the open meeting.
C. Public officers improperly selected due to the failure of the public body to comply with the other provisions of this section shall be de facto officers and, as such, their official actions are valid until they obtain notice of the legal defect in their election.
D. Nothing in this section shall be construed to prevent the holding of conferences between two or more public bodies, or their representatives, but these conferences shall be subject to the same procedures for holding closed meetings as are applicable to any other public body.
E. This section shall not be construed to (i) require the disclosure of any contract between the Intervention Program Committee within the Department of Health Professions and an impaired practitioner entered into pursuant to Chapter 25.1 (§ 54.1-2515 et seq.) of Title 54.1 or (ii) require the board of directors of any authority created pursuant to the Industrial Development and Revenue Bond Act (§ 15.2-4900 et seq.), or any public body empowered to issue industrial revenue bonds by general or special law, to identify a business or industry to which subdivision A 5 applies. However, such business or industry shall be identified as a matter of public record at least 30 days prior to the actual date of the board's authorization of the sale or issuance of such bonds. (1968, c. 479, § 2.1-344; 1970, c. 456; 1973, c. 461; 1974, c. 332; 1976, cc. 467, 709; 1979, cc. 369, 684; 1980, cc. 221, 475, 476, 754; 1981, cc. 35, 471; 1982, cc. 497, 516; 1984, cc. 473, 513; 1985, c. 277; 1988, c. 891; 1989, cc. 56, 358, 478; 1990, cc. 435, 538; 1991, c. 708; 1992, c. 444; 1993, cc. 270, 499; 1995, c. 499; 1996, cc. 855, 862, 902, 905, 1046; 1997, cc. 439, 641, 785, 861; 1999, cc. 485, 518, 703, 726, 849, 867, 868; 2000, cc. 382, 400, 720, 1064; 2001, cc. 231, 844; 2002, cc. 87, 393, 455, 478, 499, 655, 715, 830; 2003, cc. 274, 291, 332, 618, 703; 2004, cc. 398, 690, 770; 2005, cc. 258, 411, 568; 2006, cc. 430, 499, 518, 560; 2007, cc. 133, 374, 566, 739; 2008, cc. 626, 633, 668, 721, 743.)
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§ 2.2-3712. Closed meetings procedures; certification of proceedings. —
A. No closed meeting shall be held unless the public body proposing to convene such meeting has taken an affirmative recorded vote in an open meeting approving a motion that (i) identifies the subject matter, (ii) states the purpose of the meeting and (iii) makes specific reference to the applicable exemption from open meeting requirements provided in § 2.2-3707 or subsection A of § 2.2-3711. The matters contained in such motion shall be set forth in detail in the minutes of the open meeting. A general reference to the provisions of this chapter, the authorized exemptions from open meeting requirements, or the subject matter of the closed meeting shall not be sufficient to satisfy the requirements for holding a closed meeting.
B. The notice provisions of this chapter shall not apply to closed meetings of any public body held solely for the purpose of interviewing candidates for the position of chief administrative officer. Prior to any such closed meeting for the purpose of interviewing candidates, the public body shall announce in an open meeting that such closed meeting shall be held at a disclosed or undisclosed location within fifteen days thereafter.
C. The public body holding a closed meeting shall restrict its discussion during the closed meeting only to those matters specifically exempted from the provisions of this chapter and identified in the motion required by subsection A.
D. At the conclusion of any closed meeting, the public body holding such meeting shall immediately reconvene in an open meeting and shall take a roll call or other recorded vote to be included in the minutes of that body, certifying that to the best of each member's knowledge (i) only public business matters lawfully exempted from open meeting requirements under this chapter and (ii) only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by the public body. Any member of the public body who believes that there was a departure from the requirements of clauses (i) and (ii), shall so state prior to the vote, indicating the substance of the departure that, in his judgment, has taken place. The statement shall be recorded in the minutes of the public bod
E. Failure of the certification required by subsection D to receive the affirmative vote of a majority of the members of the public body present during a meeting shall not affect the validity or confidentiality of such meeting with respect to matters considered therein in compliance with the provisions of this chapter. The recorded vote and any statement made in connection therewith, shall upon proper authentication, constitute evidence in any proceeding brought to enforce the provisions of this chapter.
F. A public body may permit nonmembers to attend a closed meeting if such persons are deemed necessary or if their presence will reasonably aid the public body in its consideration of a topic that is a subject of the meeting.
G. Except as specifically authorized by law, in no event may any public body take action on matters discussed in any closed meeting, except at an open meeting for which notice was given as required by § 2.2-3707.
H. Minutes may be taken during closed meetings of a public body, but shall not be required. Such minutes shall not be subject to mandatory public disclosure. (1989, c. 358, § 2.1-344.1; 1999, cc. 703, 726; 2001, c. 844.)
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§ 2.2-3713. Proceedings for enforcement of chapter. —
A. Any person, including the attorney for the Commonwealth acting in his official or individual capacity, denied the rights and privileges conferred by this chapter may proceed to enforce such rights and privileges by filing a petition for mandamus or injunction, supported by an affidavit showing good cause. Venue for the petition shall be addressed as follows:
1. In a case involving a local public body, to the general district court or circuit court of the county or city from which the public body has been elected or appointed to serve and in which such rights and privileges were so denied;
2. In a case involving a regional public body, to the general district or circuit court of the county or city where the principal business office of such body is located; and
3. In a case involving a board, bureau, commission, authority, district, institution, or agency of the state government, including a public institution of higher education, or a standing or other committee of the General Assembly, to the general district court or the circuit court of the residence of the aggrieved party or of the City of Richmond.
B. In any action brought before a general district court, a corporate petitioner may appear through its officer, director or managing agent without the assistance of counsel, notwithstanding any provision of law or Rule of the Supreme Court of Virginia to the contrary.
C. The petition for mandamus or injunction shall be heard within seven days of the date when the same is made. However, any petition made outside of the regular terms of the circuit court of a county that is included in a judicial circuit with another county or counties, the hearing on the petition shall be given precedence on the docket of such court over all cases that are not otherwise given precedence by law.
D. The petition shall allege with reasonable specificity the circumstances of the denial of the rights and privileges conferred by this chapter. A single instance of denial of the rights and privileges conferred by this chapter shall be sufficient to invoke the remedies granted herein. If the court finds the denial to be in violation of the provisions of this chapter, the petitioner shall be entitled to recover reasonable costs and attorneys' fees from the public body if the petitioner substantially prevails on the merits of the case, unless special circumstances would make an award unjust. In making this determination, a court may consider, among other things, the reliance of a public body on an opinion of the Attorney General or a decision of a court that substantially supports the public body's position.
E. In any action to enforce the provisions of this chapter, the public body shall bear the burden of proof to establish an exemption by a preponderance of the evidence. Any failure by a public body to follow the procedures established by this chapter shall be presumed to be a violation of this chapter.
F. Failure by any person to request and receive notice of the time and place of meetings as provided in § 2.2-3707 shall not preclude any person from enforcing his rights and privileges conferred by this chapter. (1968, c. 479, § 2.1-346; 1976, c. 709; 1978, c. 826; 1989, c. 358; 1990, c. 217; 1996, c. 578; 1999, cc. 703, 726; 2001, c. 844; 2007, c. 560.)
Sunday, January 25, 2009
Saturday, November 22, 2008
BAILOUT?
The CEO’s of the “Big Three” American automakers (GM, Ford, Chrysler) were recently shown on TV begging Congress for money. “Conventional Wisdom” blames the labor unions for the fiscal mess in which the automakers find themselves. To paraphrase Henry Higgins, “Why can’t they (the workers) be more like Jesus (or Ghandi)?” and demonstrate some altruism not found among any other well-employed workers in the American (or world) economy. What is wrong with those greedy workers that they won’t refuse being handed some big bucks to turn a few wrenches on the assembly lines?
We may as well ask why professional athletes, doctors, entertainers, famous artists, politicians or corporate CEO’s don’t turn down the big bucks! How is it that the wage-earners are constantly under the hammer for not turning away larger wages and benefits, but the others get a pass? What tripe!
To be sure, the “Big Three” are strapped for cash, and paying out those wages and benefits (especially healthcare for retirees) is quite expensive. If they go under, their employees will well likely do without. But I thought it was especially funny that some committee members asked the CEO’s which of them flew commercial to come testify before Congress. All three came to Washington in their corporate jets. It is a bit unseemly to be begging for taxpayer dollars in your $700 tailored suits, having just deplaned off your corporate jet.
The fact is that none of the “Big Three” should get bailed out with taxpayer dollars because they are probably going to fail anyway. We are witnessing the predictable and inevitable result of very stupid corporate management theory that has been in place (at least at GM) since at least the late 1960’s. I know something about the auto industry, though admittedly I have never worked in it. I have been a “car nut” most of my life, since I was about 8 years old, some 54 years now. I am a certified car mechanic, having graduated summa cum laude from the local community college’s auto mechanics program, and I have passed all eight of the ASE (Automotive Service Excellence) Master Mechanic’s exams, though I do not qualify for that since I have not apprenticed “in the trade” for the requisite year. I have driven, bought and sold a lot of different car brands and types, and I currently own six vehicles of varied type, including four older ones. I have followed the fortunes of GM especially closely, but I have most recently been the victim of the bean-counter mentality that dominates all domestic manufacturers by virtue of owning a Ford truck. More about that later.
I have also been a general-practice lawyer for over 35 years.
Once upon a time, GM promoted a bean-counter finance person to the chairmanship, and a (tech background) “car guy” to the presidency. GM used to build some great cars that way. In the mid-1960’s, however, GM stopped that practice for the most part and started promoting bean-counters to the corporate presidency as well, using the presidency as a stepping-stone to the chairmanship, as in most other companies. This was a serious tactical blunder. “Car guys” could no longer count on being promoted past divisional manager/vice-president. Control at GM (and the others) was becoming the exclusive province of the bean-counters. Building good vehicles took a back seat to the Bottom Line on the balance sheet and to the philosophy of tricking the customers into thinking they were still getting good cars with clever “marketing.”
The quality of American cars started to suffer as the Bottom Line trumped all, and “voodoo marketing” was more important than the product being marketed. Management of the Big Three began to consider the remedy for their then-occasional ills as clipping more costs and ratcheting up the marketing fluff. The labor unions began to be blamed for those problems and, ultimately, the labor unions have been forced to make serious concessions to preserve their preferred positions.
I won’t argue here that workers have always been well-represented by their unions, but the unions and the workers have been getting more and more of the blame. Even today, when ordinary people contemplate why the Big Three are in such financial trouble, it is usually overpaid, cosseted assembly-line workers who are deemed to be at fault. The American public is so brainwashed by the constant drum of anti-union propaganda, at least ever since Richard Nixon’s presidency, that few who are not so employed are willing to consider that unions and hourly wage earners have no role whatsoever in deciding what products to design or manufacture, that the work product of the Big Three is no longer desirable and no longer selling very well.
Rick Wagoner, CEO of GM, testified before the congressional committee that the Chevrolet Malibu was a fine car. It may well be, but it is but one product out of 35 or 40 that otherwise really SUCK for the most part! Reading Consumer Reports every month as I do, I have decided that I wouldn’t buy a modern GM product, even though I own a 1941 Buick, a 1964 Olds, and a 1966 GTO. I love the Toyotas I have owned, and I even liked my Nissan products though, in my opinion, the Toyota products are better. Either are better than the tripe that the Big Three produce. I have always wanted to like GM products, so it makes me sad that the current crop of vehicles is so undesirable. A taxpayer bailout is not going to begin to change the culture at the Big Three. In my opinion, it is not about safety nor environmental benefit nor fuel efficiency either. It is almost indefinable what is wrong, but I think it is because the bean-counters are making the ultimate manufacturing decisions instead of car guys.
My special loathing, however, is for Ford Motor Company. They refused to honor the warranty on my Diesel truck. I had to pay to replace the entire accelerator-pedal assembly because one of the electronic sensors thereon was bad. It was clearly covered under warranty, but Ford refused to honor it. That accelerator-pedal assembly now costs over $500. I priced it when I noticed that my truck was surging as I drove down the road. The pedal assembly has two electronic sensors on it, an idling sensor and an acceleration sensor, both made in China most likely. In their typical, bean-counter arrogance, Ford wouldn’t sell me just the relatively cheap sensor I needed. They insisted that I purchase the entire pedal assembly with the two sensors on it.
I checked the acceleration sensor with an oscilloscope, and I noted that it was manifesting a “dropout,” a dead spot in the sensor that was probably causing the surging. I concluded that sensor was about to fail again, so I had to do something. I tried to order just a sensor from Ford; no deal. They insisted on selling me the $500+ pedal assembly. I tried to order a sensor as listed from NAPA, but it turned out to be a throttle position sensor for a gasoline-powered vehicle. Same function, but different style and shape.
I went online and Googled “Diesel accelerator sensor” and got a hit at RockAuto.com, so I ordered a virtually identical sensor for $45 from them and replaced it in about 20 seconds! After a few “wiggles” here and there, the $45 sensor has been working just fine ever since.
Why would not Ford sell me just the sensor? Why would the bean-counters insist on making me purchase the unneeded pedal assembly? There was nothing wrong with the pedal assembly—why make me buy another? I daresay it is because the bean-counters are now in charge, and they think it is “cute” or something to make us dumb-ass customers pay for stuff we don’t need if we wind up giving Ford more money. A “car guy” might have spared me that annoyance. A car guy might have wanted me to fix the thing as quickly and as simply as possible. Had Ford been willing to treat me with respect and tried to help me address my problem simply, I would most likely be willing to purchase another Ford product. But, guess what? I will NEVER buy another Ford product as long as I live, and I will do my best to cost them as much money as I possibly can hereafter. I will screw them to the wall if I can. I despise Ford Motor Company, and I intend to burn them now as much as possible. I do whatever I can to dissuade others from buying Ford products also, and I have a rather large auto-advice following. So much for brand loyalty. Sadly, that is not the fault of the assembly-line workers or their unions, but they'll surely take the blame.
Finally, there is yet another symptom to consider. Most European and Asian vehicle manufacturers provide very detailed owner’s manuals with their vehicles that do not presume the customer to be an idiot. They presume instead that the customer might be intelligent enough to really want to know how the vehicle works and maybe do some of the routine maintenance on it. Contrast them with the manuals provided with most American vehicles: said manuals are very superficial and seem to assume that the customer is some sort of knuckle-dragger who does not have sense to come in out of the rain. American owner’s manuals are almost worthless crap. Big Three management (and, unfortunately, some dealers, too) are condescending and treat the customer poorly. THAT corrosive attitude problem is not going to be fixed by a taxpayer bailout, either.
The real idiots are the bean-counters running the Big Three and the politicians who listen to what they say. Instead, they should say “no” to idiocy. If the Big Three are ever going to amount to anything again, we need to put the bean-counters in their rightful place, which is to say, we should stash them in a back room in the finance section somewhere!
Sunday, November 9, 2008
SACRELIGULOUS
(The following was submitted to the Richmond Times-Dispatch as a review of Bill Maher's movie, Religulous.)
In Bill Maher’s new movie, Religulous, one scene is particularly evocative: at a mobile truck-stop chapel in a converted semi-trailer, there are several truckers who are called to worship therein. One, a rather corpulent fellow, gets overtly annoyed with Maher’s skeptically pointed questions about the truckers’ religious beliefs and stomps out the door, grumbling about Maher’s obvious agnosticism. Maher slyly protests that he is only “asking questions,” but that does not mollify the offended trucker as he departs. The others kindly offer a genuine prayer for Maher’s soul.
The personal religious beliefs of many seem too fragile to tolerate Maher’s skepticism or disbelief. Fundamentalism of any faith seems quite so hostile, as if disbelief and doubt were a highly contagious disease. Maher and his film crew visit a variety of hallowed sites, like religious theme parks, the Creationist Museum and the Mormon Tabernacle. Maher interviews a former observant Jew, now a professed “Jew for Jesus” merchant who sells Christian kitsch. Trinkets. Nick-nacks. Tchotchkies. (There is a certain irony in using Yiddish terms to describe converted-Jew inventories!) Maher is not always welcome.
Maher also interviews a professed “former” homosexual who is running a program to “deprogram” homosexuals back to Christian heterosexual lifestyles, also easily annoyed with Maher’s skepticism. Apparently, Jesus did not approve of homosexuals. It seems that “God” is just too busy to torment homosexuals Himself, so some True Believers presume to take care of that for Him. Homosexuality is quite an obsession. Given the recent exploits of Reverend Ted Haggard’s ALLEGED dalliances with at least one homosexual prostitute, it seems that “he who smelt it, dealt it.”
The deprogrammed “former” homosexual is married to a “former” lesbian with whom he now has children. Maher suggests that his subject is still quite “gay,” but like Justice Potter Stewart’s observation about obscenity, Maher cannot define it, but he knows it when he sees it! Viewers can judge for themselves.
Maher contrasts his own doubts with the certitude of the True Believers, whose opinions and beliefs are based upon pure conjecture (“faith”), in turn derived from the “sacred” texts dictated by their deity of choice, the Bible, the Book of Mormon or the Koran. Maher emphasizes that he is consumed by doubt, not really knowing the Ultimate Truths. A review of Maher’s movie in the Times-Dispatch of October 26 said it “paints a portrait that makes religious believers look absurd … and criticizes them because they are … closed-minded.” Ironically, “closed minds” are inherently “absurd.” The professed beliefs targeted by Maher in his movie are, for the most part, ludicrously complicated and contradictory, but “the Debbil [Maher] made ‘em do it!” as Flip Wilson’s “Geraldine” defense would hold.
Maher stands accused of “intolerance.” The imposition of a burden of “proof” or persuasion upon the True Believers is quite resented. Doubting infidels and heathens are reviled, while those who are fervently sure of the unproven truth of their beliefs and opinions are regarded as acceptably faithful. “Proof” and doubt are regarded as antithetical heresy, directly challenging the deity of choice. The less the better, it seems. Those who do NOT doubt or question are quite annoyed (like the fat truck driver) with those who DO. Enforced silence is the expectation if not the rule. Maher is dismissed as a “fundamentalist of the secular kind,” his pesky questions demanding rational explanations and making jokes of the omissions. That Maher does not distinguish between the “crazy” fundamentalists and more rational True Believers is annoying. But many “rationalists” are quite deferential to and defending of the “crazies.” It is hard to tell the difference sometimes.
The earlier reviewer said that “we live in a country that is both devout and diverse.” Maher says that about 16% of the US adult population is composed of nonbelievers. Yet another 42% reject any notion of evolution and adhere to the literal truth of one of the two (at least) creation myths in Genesis. Presumably the “rationalists” make up the difference. The devout may be a majority, but they are not alone.
The US may well be a “Christian nation,” but the American GOVERNMENT was designed and intended by the Founders to be rigidly secular, regardless of the PERSONAL religious beliefs of a majority. The sincerely devout should not care what Bill Maher thinks, nor pay any attention to his movie, Religulous. Maher’s skepticism may be a lack of acquiescence or reverence, but it is not the same thing as intolerance.
In Bill Maher’s new movie, Religulous, one scene is particularly evocative: at a mobile truck-stop chapel in a converted semi-trailer, there are several truckers who are called to worship therein. One, a rather corpulent fellow, gets overtly annoyed with Maher’s skeptically pointed questions about the truckers’ religious beliefs and stomps out the door, grumbling about Maher’s obvious agnosticism. Maher slyly protests that he is only “asking questions,” but that does not mollify the offended trucker as he departs. The others kindly offer a genuine prayer for Maher’s soul.
The personal religious beliefs of many seem too fragile to tolerate Maher’s skepticism or disbelief. Fundamentalism of any faith seems quite so hostile, as if disbelief and doubt were a highly contagious disease. Maher and his film crew visit a variety of hallowed sites, like religious theme parks, the Creationist Museum and the Mormon Tabernacle. Maher interviews a former observant Jew, now a professed “Jew for Jesus” merchant who sells Christian kitsch. Trinkets. Nick-nacks. Tchotchkies. (There is a certain irony in using Yiddish terms to describe converted-Jew inventories!) Maher is not always welcome.
Maher also interviews a professed “former” homosexual who is running a program to “deprogram” homosexuals back to Christian heterosexual lifestyles, also easily annoyed with Maher’s skepticism. Apparently, Jesus did not approve of homosexuals. It seems that “God” is just too busy to torment homosexuals Himself, so some True Believers presume to take care of that for Him. Homosexuality is quite an obsession. Given the recent exploits of Reverend Ted Haggard’s ALLEGED dalliances with at least one homosexual prostitute, it seems that “he who smelt it, dealt it.”
The deprogrammed “former” homosexual is married to a “former” lesbian with whom he now has children. Maher suggests that his subject is still quite “gay,” but like Justice Potter Stewart’s observation about obscenity, Maher cannot define it, but he knows it when he sees it! Viewers can judge for themselves.
Maher contrasts his own doubts with the certitude of the True Believers, whose opinions and beliefs are based upon pure conjecture (“faith”), in turn derived from the “sacred” texts dictated by their deity of choice, the Bible, the Book of Mormon or the Koran. Maher emphasizes that he is consumed by doubt, not really knowing the Ultimate Truths. A review of Maher’s movie in the Times-Dispatch of October 26 said it “paints a portrait that makes religious believers look absurd … and criticizes them because they are … closed-minded.” Ironically, “closed minds” are inherently “absurd.” The professed beliefs targeted by Maher in his movie are, for the most part, ludicrously complicated and contradictory, but “the Debbil [Maher] made ‘em do it!” as Flip Wilson’s “Geraldine” defense would hold.
Maher stands accused of “intolerance.” The imposition of a burden of “proof” or persuasion upon the True Believers is quite resented. Doubting infidels and heathens are reviled, while those who are fervently sure of the unproven truth of their beliefs and opinions are regarded as acceptably faithful. “Proof” and doubt are regarded as antithetical heresy, directly challenging the deity of choice. The less the better, it seems. Those who do NOT doubt or question are quite annoyed (like the fat truck driver) with those who DO. Enforced silence is the expectation if not the rule. Maher is dismissed as a “fundamentalist of the secular kind,” his pesky questions demanding rational explanations and making jokes of the omissions. That Maher does not distinguish between the “crazy” fundamentalists and more rational True Believers is annoying. But many “rationalists” are quite deferential to and defending of the “crazies.” It is hard to tell the difference sometimes.
The earlier reviewer said that “we live in a country that is both devout and diverse.” Maher says that about 16% of the US adult population is composed of nonbelievers. Yet another 42% reject any notion of evolution and adhere to the literal truth of one of the two (at least) creation myths in Genesis. Presumably the “rationalists” make up the difference. The devout may be a majority, but they are not alone.
The US may well be a “Christian nation,” but the American GOVERNMENT was designed and intended by the Founders to be rigidly secular, regardless of the PERSONAL religious beliefs of a majority. The sincerely devout should not care what Bill Maher thinks, nor pay any attention to his movie, Religulous. Maher’s skepticism may be a lack of acquiescence or reverence, but it is not the same thing as intolerance.
Thursday, October 9, 2008
SS DOOM
As I was watching the second presidential "debate" in early October of 2008, I finally had to change the channel and instead started watching a movie on HBO. My throat had gotten sore from yelling at the TV, and my homicidal rage had built up to dangerous, almost psychotic levels. Apparently, the two candidates, John McCain and Barack Obama, could not hear me!
As with the current economic "crisis" that spawned a huge bailout and slut-purchasing "beads & trinkets" totaling a stupendous $840 Billion, all without committee hearings and deliberations (just like the USA PATRIOT Act), all we mere "peons" know is what the "experts" tell us. And, like good little boys and girls, we buy into these doom-&-gloom predictions without a shred of personal knowledge. Fear is an amazing motivator.
FOR EXAMPLE: both presidential candidates regurgitated the “conventional wisdom” that Social Security is in dire straits. Just a few years from now, the Social Security "trust fund" will be bankrupt or draining or whatever scenario fits the particular political hack-job being promoted. We numerous retired Baby Boomers will just suck the lifeblood out of the US economy like big fat ticks, noshing on bon-bons, gobbling up the national seed corn while crudely burping into the faces of the dwindling, slave-like wage-earners!! (I intend to do my best!)
SO! Our would-be leaders insist: We HAVE to raise FICA taxes or cut back on benefits! NOW! Dammit! Just DO something!
(Ah-g-g-gh! The sky is falling!)
So long as we don't increase INCOME taxes (on po' widdle rich folks especially), we just need to jack up the non-deductible FICA taxes paid by (mostly) the wage-earning working stiffs of the country or screw them out of future benefits, and we will SAVE SOCIAL SECURITY and can pat ourselves on the back!!
God bless America! Congratulations to me!
Pardon me for being my cynical, skeptical self. In one corner are the double-team of Henry Paulson, late of Goldman Sachs and currently our Treasury Secretary, and Ben Bernanke, Chair of the Federal Reserve. In the other corner are the rest of us. We have been warned. If Paulson tells me that the sky is blue and that the sun sets in the west, I shall refrain from believing same until I verify that for myself.
You think me harsh and unreasonable? Paulson is the same wizard who told us in March that "the 'fundamentals' are sound." I heard that statement with my own ears on NPR, even though I did not have a clue as to what “fundamentals” meant. Now Paulson has $700 BILLION of “your own money" to mess with, and his right-hand man is a 35-year-old MBA that Paulson brought over from Goldman Sachs and who will actually decide what to do with all that loot.
Both John McCain and Barack Obama as US Senators had voted for that slippery bailout, as did Va. Senators John Warner & Jim Webb. Senate candidate Mark Warner also supported it, as did most Democrats. Warner’s opponent, "Sunny Jim" Gilmore opposed it, as did Reps. Bobby Scott and Virgil Goode, among others.
BUT--I digress.
As for Social Security, the first important thing to remember is that there is no "trust fund,” per se, where the FICA receipts are segregated from the rest of the federal revenues. In fact, although they are so noted separately somewhere on paper, the ordinary budget accountings do not reflect the actual sums paid in by the FICA tax as against Social Security benefits paid. No. FICA revenues are dumped into the same general pot as other federal revenues, and they are then spent like other federal revenues, just as Social Security benefits are accounted like any other federal expenditure. There may be no real Social Security deficit, and one may never truly materialize. There IS a massive deficiency in general revenues, and the "bipartisan" deficit spending for the past several years (including the spending for Social Security benefits) is eating up all the FICA revenues along with everything else. So, the question is begged: is the Social Security system really in trouble, as alleged, or is it just "cash-poor" because of the total overspending?
A second thing to remember is that most of us Baby Boomers (unlike myself) had 2 or 3 children, who in turn have had children, and most of them are still going to be earning salaries and wages generating FICA revenues even after we parasitic Baby-Boomers have all retired and are wantonly sucking on the host. The continuing FICA revenue stream that will keep coming in the future seems utterly disregarded in "bipartisan" fashion for the convenient purpose of scaring the Hell out of us!
We Baby Boomers were supposed to die off young because we all partied our asses off at Woodstock and thereafter. We won't be drawing SS benefits after we start taking the "dirt nap." (I'm still feeling a little woozy from Woodstock myself, and I didn’t go there. They told me I had a good time, anyway.)
We should tune out the pols and experts until we are reasonably satisfied that an alleged problem truly exists, based upon clear, unambiguous evidence with real numbers and thorough deliberation, (unlike what occurred with the bailout). Giving our implicit trust to those who may well have ulterior motives is no longer reasonable, and we must revive our skepticism and assert our rights to be thoroughly informed. Sadly, we must now assume that "the government" (our leaders) are lying to us. We should impose a "clear and convincing" burden of proof from now on. I think most of them are willing to increase payroll tax revenues so they can smugly say they did not raise “income” taxes.
Our Fearless Leaders need to quit lying, quit pandering to our fears and quit trying to take short cuts on our self-interests.
Monday, August 25, 2008
THE FICKLE SEAT OF POWER (Car repair)
© 10/20/06, 8/26/08 Soowee.
All rights reserved.
There is a certain lack of information regarding the rebuilding of power seats, including the electrical switches and seat actuators, and this becomes a problem with restoration of older cars, where such hardware is no longer available from the factory, and used stuff may also be just as unreliable as what one already has.
This happened to me during the “rejuvenation” of my six-way electric seat in my ’64 Oldsmobile 98 convertible. Starting about four years ago, I took the seat out and disassembled the solenoid transmission under the seat [Figs. 1 & 2], which was gummed up with what looked like old, hardened lithium grease. After 40+ years, it was no wonder! I took everything apart, cleaned it up and re-lubed the guts and put it all back, but the control switch on the armrest had a dead spot in it and would not move the seat back. So, I used a jumper wire to put the tracks in the correct position, then I unplugged the wire to the motor and solenoid transmission so no one else could run it up (I am really big). I later installed another switch bought from a parts supplier, and it is now working fine.
Now, I will attempt to address here in two parts both the electrical issues and the mechanical issues inherent in fixing electric seats. It may well apply to brands other than GM, but that is what I am working on, so I cannot vouch its application to, say, Ford. It may also have some relevance to working on other devices, but the reader is on his or her own.
NOTE: the terminology used herein is my own since I do not have access to a GM parts list.
PART ONE—ELECTRICAL ISSUES:
The first order of business is to determine complete current flow of a full 12 volts to all of the components in the circuit. [Fig. 3] One may rehab the mechanical parts of the seat first, as I did, but it won’t work until the electrical circuits are functional, and if it takes the average reader as long as it took me to get “a round Tuit” (around to it—four years), then the mechanical stuff may well gum up again for lack of use! After fixing the electrical stuff and still suffering balky solenoids, I had to disassemble the seat AGAIN and fix those problems—AGAIN!
Any factory manual is worth having to follow the proper procedures, but it helps to have some knowledge of electrical circuit testing. The drawings and diagrams in the Olds factory manual were invaluable, but the switch disassembly was all my own doing. Note that the Olds factory manual for 1964 addresses the six-way seat operation both in the "Electrical/Accessory" section (12) and also peculiarly in the "Body" section (16), the latter actually having more information and diagrams.
Power comes from the ignition-switched 25-amp fuse in the upper right corner of the fuse panel [Fig. 4] that also serves the power windows, the power antenna and the cruise control. Beware operating all of those devices at once, for it may blow the fuse, especially if any of them are balky and sucking a lot of amps. These devices are on the “Accessory” circuit so they will operate with the key in either the “Acc” or “Run” position.
Before checking the circuit, it is necessary to be sure the ignition switch is off, then remove the ignition key, then remove the seat switch. One should also first disconnect the negative battery cable for extra assurance. In my car the seat switch is in the armrest panel with the window switches. In some cars it is located in the left side of the seat itself, and those switches are wired differently, so the factory manual should be checked. I had one screw to remove from the front of the armrest, and another back under the inside door handle to loosen. [Fig. 5] I then raised the armrest panel top about 4 inches and popped the plastic wiring harness connector off the bottom of the switch held in place by two spring-steel clips on the underside of the switch. [Fig. 6] I then removed the switch itself by removing two short screws holding it snugly in place, and I pulled the wiring harness out clear for circuit checking. One can remove the entire assembly from the armrest panel first, then disassemble the switch assembly.
The switch itself has 6 pins on the underside [Fig. 7] that conduct current to and from the switch assembly through 6 sockets in the plastic harness connector. [Fig. 8] Those respectively are 12-volt hot (battery), (motor) field-forward & up, field-back & down, horizontal actuation, front-tilt actuation and rear-tilt actuation. One of the two directional motor-field connectors must be energized by the switch while simultaneously actuating one of three solenoids next to the motor under the seat. Each electro-magnetic solenoid, in turn, drives a pair of cables to the respective left and right actuators (pair), three on each seat track. [Fig. 9] The front actuators tilt (raise or lower) the front of the seat, the rear actuators do the same for the rear of the seat, and the center actuators move the seat forward or back on the tracks. When one seeks to raise or lower the seat level, it energizes both front and rear actuators simultaneously. The electric seat motor reverses direction to accommodate these parameters via the field windings in the motor.
I first sought to clean the switch harness connector in the door (as distinguished from the motor/transmission harness connectors under the seat) by tightly rolling a small tube of fine-grit sandpaper so that it was no more than a couple of millimeters across. I used a piece of sandpaper that was about two inches long by no more than 1/3-inch wide, and rolled it the long way (rough side out). I took this small roll and repeatedly twisted it into each of the 6 tiny sockets on the switch harness connector [See Fig. 8] to clean the inevitable corrosion off the contacts as best as possible. I used a can of compressed air to blow them out, frequently changing the grit surface on the sandpaper.
Now, the only operational difference is determined by the location of the switch, which has reversed parameters for either the armrest or the seat-side locations. As noted above, the seat mechanism moves horizontally front to rear, tilts the front and tilts the rear. The switch has six metal contacts inside which trigger the motion functions.
Disassembly of the switch is tricky. Do NOT try to pry up the four flat lugs holding the switch assembly to the underside of the switch housing. [Fig. 10] They are part of the spring-steel clips and could suddenly snap off and hit you in the eye! You will then have a big hospital bill, be blind in at least one eye, and you will STILL not have fixed the switch! You may also break the flimsy pot-metal switch housing. There are four spring-steel clips holding the internal switch parts inside the pot-metal housing. The two spring-steel clips on the sides are the longer ones that also hold the plastic harness connector fast to the switch assembly. Remove these first by GENTLY rocking a thin screwdriver blade next to each larger side clip inbetween the housing side and the switch assembly plate to provide just a bit of static tension on the clip itself. Then one should use the tip of a punch to GENTLY push the small retaining spur or snell on each clip past the little hole near the edge of each of the four sides of the pot-metal housing so that the clips may be CAREFULLY withdrawn. Do this successively with each of the four clips, and GENTLY withdraw the switch assembly therefrom. Be careful not to drop one of the tiny end clips where it gets lost (like I did while disassembling the device again to take the pictures for this article!)
There should be a small piece of sheet plastic covering the copper switch contacts (sandwiched between those contacts and the button assembly) to inhibit moisture on the contacts. [Fig. 11] My plastic sheet was slightly perforated from years of use, so I put some plastic electrical tape on the underside to block the perforations before I reinstalled it over the later-cleaned contacts, some of which were badly corroded initially. The plastic should protect the copper contacts from spills, rain, etc. on the armrest. Clean the contacts with the same fine-grit sandpaper, being sure to clean each facing pair of contacts underneath each overlay copper strip, then blow the resultant dust off with the compressed air. I also used the sandpaper to remove some of the surface corrosion off the pot-metal switch housing and removed the button assembly [Fig.12] and cleaned it as well. The three buttons rock or pivot over top of the various paired contacts closing and opening them alternatively. The circuits thus energized reverse the two field windings for the motor to reverse direction, energize the forward or rear actuators to tilt or the horizontal actuators to move forward or back.
After cleaning the switch assembly and its harness connector, I first checked continuity through the switch assembly with the ohm settings on my multimeter by activating the various buttons and making sure that completed, low-resistance contact was made at all the pins in the proper order. NOTE: DO NOT USE THE OHMMETER SETTING ON A “HOT” WIRE! All current must be completely disconnected from the circuits, or you will burn your multimeter up!
The No. 1 pin is the “HOT” feed when energized, so I checked for possible resistance from that pin through the rest of the circuits. One must check that the circuit resistance throughout the switch is not excessive, less than 0.5 ohms. After reconnecting the battery cable(s), the key should be turned to the “Acc” position to energize the circuit, making sure the under-seat connectors to the motor and to the solenoid transmission assembly are all disconnected. Using the multimeter as a voltmeter, with the black lead on a good ground, one checks for 12 volts at the following places in the following order, being sure to not perforate the wiring insulation or break the connectors:
1—Fuse panel;
2—No. 1 socket on switch harness connector—should be “HOT”;
3—Reassemble the cleaned switch assembly and rejoin the cleaned switch harness connector to it; check the under-seat motor and solenoid transmission harness connectors (switch buttons must be activated) for proper voltage. [Fig. 13]
If at least 12 volts are found successively at these locations, then the electrical circuit is functioning properly. If less than 11 volts is found anywhere, there is a current-robbing voltage drop (“V-drop”) somewhere between the place checked and whichever prior one which was OK, and it MUST be fixed. There really should be no more than ½ volt dropped between the fuse panel and the motor and solenoids; any resistance between (such as loose connections or corrosion) can cause a “drop” and starve the motor of much-needed voltage. That will cause the motor to instead pull excessive amperage (current) and may heat things up and/or burn some wiring somewhere or even burn the motor up.
For the unfamiliar, voltage drop is checked (like all voltage) in parallel with the circuit or loads. [See Fig. 3] One meter lead or probe is put at the fuse panel, for example, and the other lead or probe is inserted into the back of the harness connectors (“back-probe”) [See Fig. 13] to the seat motor and solenoids, for example. With the key on “Acc” and the switch buttons successively pushed to activate the seat circuits, if any reading during an activation shows a “drop” of more than 0.500 volt, then that specific circuit must be fixed. Starting at the fuse panel, the remote probe should be moved further and further away from the probe at the fuse panel, checking the voltage at each point in the circuit, until possible offending component(s) is/are identified. Then the probe at the fuse panel can be moved toward it until the offending link is narrowly identified and then repaired. Be sure to back-probe connectors in place as the circuits must be complete and working to measure voltage drop. One should also check the V-drop from the fuse panel to the back of the “Hot” wire connector to be sure there is no significant drop in that feed. Then the circuits may be checked from the back of the “Hot” connector to the back of each of the other connectors as the switch is operated, then from the respective switch connectors to the remote connector(s) on the motor and solenoids. NOTE: the motor and solenoids will eat up whatever voltage is left over, so if the circuit is checked to the seat frame (though which the motor and solenoids are grounded) then a full 12 volts drop will likely show on the meter. The idea is to check what actually GETS to the motor and solenoids (ideally a full 12 volts), not what is used up by them.
It is now time to address the rehab of the mechanical components.
PART TWO—MECHANICAL ISSUES:
First disconnect the negative battery cable to keep any current from flowing through any circuits. Disconnect all under-seat wiring harnesses from the motor and the solenoid transmission under the seat and (optional) remove the seat cushion(s). There are usually four flanged ½-inch bolts that hold down the seat frame assembly to the floor pan, and they should be removed. One may need a U-joint on a socket extension to get to the “rear” bolts on each side of the seat tracks. NOTE BIG TIME: there is also a ground wire from the seat frame to the car floor [Fig. 14], also held in place under the driver’s seat by a fifth flanged ½-inch bolt. That must be completely removed and disconnected from the floor to get the seat out.
If all the wiring is disconnected, the seat frame assembly should come out of the car easily and may be turned upside down on a protected surface on a table [See Fig. 1], thus exposing the motor and solenoid transmission assembly for removal. Disconnect all drive cables from all six actuators on both seat tracks [See Fig. 9] and remove the solenoid transmission. Check the motor for proper lubrication and leave in place unless it needs rebuilding—probably not. There is a little “driveshaft” from the motor to the solenoid transmission that should be set aside in a safe place.
Remove the solenoid transmission by first removing the two bolts [Fig. 15] holding it to the seat frame. There is an aluminum “keeper” strap across each side of the solenoid transmission where the cables attach to the transmission. [Fig. 16] It is necessary to unscrew those “keeper” straps to remove the 6 cables from the transmission. There are two screws on each strap, and they have really weird socket holes in the tops that defy ordinary screwdriver fittings, so I used the short end of an Allen wrench to loosen them (a Torx bit might work also). Then disassemble the transmission by separating the case at the mid-seam held by a Phillips screw on each side. There are three solenoids inside which attach to the exterior cables on each side.
There are a pair each of blue, yellow and black cables, the short ones going to the left (driver’s) side and the longer ones going to the right (passenger) side. [See Fig. 1] On my Olds the yellow cables drive the front actuators, the blue cables drive the rear actuators, and the black cables drive the center actuators. They are made like speedometer cables. Be sure that none is kinked from trying to drive that gummy old lubricant inside the solenoids or actuators. Replacements are sometimes available from “USA Parts Supply” in Kearneysville, WV.
Open up the transmission case and clean the old lubricant thoroughly off each component therein and re-lube with nonhardening material, like white lithium grease or anti-seize compound, then reassemble the solenoid transmission. Energize with a 12-volt source to be sure the solenoids are easily engaging. I keep a charged spare 12-volt car battery on my workbench for such purposes.
The next step is very time-consuming and rigorous: remove and disassemble each of the six actuators and clean them thoroughly also, ONE AT A TIME. I started with the rear actuators [Figs. 17 & 18] and cleaned all the gummed-up white grease out of each of them [Fig. 19], using the point of a screwdriver in the grooves of the gears. It was hardened in the teeth of the gears, so it took a long time. It was substantially impervious to an electric wire wheel!! But for the rear actuators, it may be necessary to actually move the seat tracks fore and aft to get to the mounting bolts for the actuators, so I used a cut-nail in an electric drill and stuck that into the center actuator to move those tracks. Don’t let it jam hard against the track stops as it will jam the nail in the drive hole.
The front and rear actuators work as follows:
Torque force is applied to the input worm gear by the cable. [See Fig. 19] The worm gear engages a drum-like spiral gear inside the housing (that is where the old grease is built up). As the worm gear spins the spiral drum, a threaded rod or “piston” of sorts rides up and down inside the drum on internal threads, moving the seat corner up or down. The far end of the piston engages a slot on the underside of the seat to keep it in place, held in place by a 19 mm. nut that also holds in place a spring-steel clip about 2 inches long on the far (upper) side of the seat-track scissor. [Fig. 20]
Disassembly is fairly straightforward for the front and rear actuators. The track will pivot up toward the front of the seat when disconnected from the rear actuator. [See Fig. 17] But, I could not figure out a way to disassemble the center actuators that move the seat fore and aft, so I removed them from the tracks (BEWARE the tension spring, see below) and just sprayed them thoroughly inside with brake cleaner and let that drain out, hoping I was getting them cleaned up. I then sprayed the insides with white lithium grease and am hoping for the best. When removing or reinstalling the center actuators, there is a small coil spring sitting inside the scissor track assembly on a vertical post aft of the center actuator (don’t pinch your fingers working on this system). [Figs. 21 & 22] That spring provides tension against the body of the center actuator to keep the actuator pinion gear engaged in the teeth on the seat track. That spring must be relocated in place when reinstalling the cleaned center actuator on each side. Note its assembly before removal of the center actuator. When reinstalling the center actuators, while tightening the two flanged bolts that hold each center actuator to the track (the front and rear actuators do not use flanged bolts), you may want to push the drive pinion off the track rack just a “hair” (against the spring tension with your thumb) to keep the pinion from binding. After I cleaned and reinstalled the center actuators and the springs, I re-lubed the pinion and teeth on the seat tracks with white lithium grease.
Before reinstalling the front and rear actuators, check the track scissor lift actuation. Each side should move easily without binding. When reinstalling all of these actuators, it is necessary to check the piston depth on the bottom of each drum gear inside the front and rear actuators for even depth, especially left and right. [See Fig. 18] It is also necessary to be sure that the seat tracks are in the same fore-aft location respecting the center-actuator pinons. The left and right seat sides must move in tandem with each other in all modes.
After the actuators have been cleaned and reinstalled, reconnect all cables and energize the system with a 12-volt source to check ease of operation. Be sure and operate a pair of actuators together, preferably with the control switch in the car. One may even check voltage drop to the motor and transmission again to be sure. Reinstall the seat, making sure to connect the ground cable under the driver’s seat. Tighten the track bolts snugly and rock the seat to be sure there is no play in the bolts. Connect the under-seat harness at both the motor and the solenoids and work the operation with the switch again to be sure it is fully functional.
FIGURES REFERENCED:
Electrical work:
1—Under-seat view
2—Solenoid transmission, cables
3—Seat elec. circuit diagram (modified)
4—Fuse panel diagram
5—Door handle, plate removed
6—Switch assembly
7—Switch pins
8—Connector sockets
9—Track, right
10—Switch clips, lugs
11—Switch contacts, moisture sheet
12—Switch buttons
13—Motor, solenoid connector
Mechanical Work:
14—Ground wire
15—Solenoid transmission bolts
16—Aluminum cable “keeper”
17—Actuator, right rear, assembled
18—Track, right--up position
19—Actuator, right front, disassembled
20—Actuator, right front, 19mm. nut anchor
21—Spring, right track, w/center actuator
22—Spring, left track, w/center actuator
All photographs (Figs. 1, 2 and 5-22) © 8/26/08 by Soowee. All rights reserved.
Figures 3 & 4 taken from the 1964 Oldsmobile Service Manual, © Oct., 1963, Oldsmobile Division, General Motors Corporation.
All rights reserved.
There is a certain lack of information regarding the rebuilding of power seats, including the electrical switches and seat actuators, and this becomes a problem with restoration of older cars, where such hardware is no longer available from the factory, and used stuff may also be just as unreliable as what one already has.
This happened to me during the “rejuvenation” of my six-way electric seat in my ’64 Oldsmobile 98 convertible. Starting about four years ago, I took the seat out and disassembled the solenoid transmission under the seat [Figs. 1 & 2], which was gummed up with what looked like old, hardened lithium grease. After 40+ years, it was no wonder! I took everything apart, cleaned it up and re-lubed the guts and put it all back, but the control switch on the armrest had a dead spot in it and would not move the seat back. So, I used a jumper wire to put the tracks in the correct position, then I unplugged the wire to the motor and solenoid transmission so no one else could run it up (I am really big). I later installed another switch bought from a parts supplier, and it is now working fine.
Now, I will attempt to address here in two parts both the electrical issues and the mechanical issues inherent in fixing electric seats. It may well apply to brands other than GM, but that is what I am working on, so I cannot vouch its application to, say, Ford. It may also have some relevance to working on other devices, but the reader is on his or her own.
NOTE: the terminology used herein is my own since I do not have access to a GM parts list.
PART ONE—ELECTRICAL ISSUES:
The first order of business is to determine complete current flow of a full 12 volts to all of the components in the circuit. [Fig. 3] One may rehab the mechanical parts of the seat first, as I did, but it won’t work until the electrical circuits are functional, and if it takes the average reader as long as it took me to get “a round Tuit” (around to it—four years), then the mechanical stuff may well gum up again for lack of use! After fixing the electrical stuff and still suffering balky solenoids, I had to disassemble the seat AGAIN and fix those problems—AGAIN!
Any factory manual is worth having to follow the proper procedures, but it helps to have some knowledge of electrical circuit testing. The drawings and diagrams in the Olds factory manual were invaluable, but the switch disassembly was all my own doing. Note that the Olds factory manual for 1964 addresses the six-way seat operation both in the "Electrical/Accessory" section (12) and also peculiarly in the "Body" section (16), the latter actually having more information and diagrams.
Power comes from the ignition-switched 25-amp fuse in the upper right corner of the fuse panel [Fig. 4] that also serves the power windows, the power antenna and the cruise control. Beware operating all of those devices at once, for it may blow the fuse, especially if any of them are balky and sucking a lot of amps. These devices are on the “Accessory” circuit so they will operate with the key in either the “Acc” or “Run” position.
Before checking the circuit, it is necessary to be sure the ignition switch is off, then remove the ignition key, then remove the seat switch. One should also first disconnect the negative battery cable for extra assurance. In my car the seat switch is in the armrest panel with the window switches. In some cars it is located in the left side of the seat itself, and those switches are wired differently, so the factory manual should be checked. I had one screw to remove from the front of the armrest, and another back under the inside door handle to loosen. [Fig. 5] I then raised the armrest panel top about 4 inches and popped the plastic wiring harness connector off the bottom of the switch held in place by two spring-steel clips on the underside of the switch. [Fig. 6] I then removed the switch itself by removing two short screws holding it snugly in place, and I pulled the wiring harness out clear for circuit checking. One can remove the entire assembly from the armrest panel first, then disassemble the switch assembly.
The switch itself has 6 pins on the underside [Fig. 7] that conduct current to and from the switch assembly through 6 sockets in the plastic harness connector. [Fig. 8] Those respectively are 12-volt hot (battery), (motor) field-forward & up, field-back & down, horizontal actuation, front-tilt actuation and rear-tilt actuation. One of the two directional motor-field connectors must be energized by the switch while simultaneously actuating one of three solenoids next to the motor under the seat. Each electro-magnetic solenoid, in turn, drives a pair of cables to the respective left and right actuators (pair), three on each seat track. [Fig. 9] The front actuators tilt (raise or lower) the front of the seat, the rear actuators do the same for the rear of the seat, and the center actuators move the seat forward or back on the tracks. When one seeks to raise or lower the seat level, it energizes both front and rear actuators simultaneously. The electric seat motor reverses direction to accommodate these parameters via the field windings in the motor.
I first sought to clean the switch harness connector in the door (as distinguished from the motor/transmission harness connectors under the seat) by tightly rolling a small tube of fine-grit sandpaper so that it was no more than a couple of millimeters across. I used a piece of sandpaper that was about two inches long by no more than 1/3-inch wide, and rolled it the long way (rough side out). I took this small roll and repeatedly twisted it into each of the 6 tiny sockets on the switch harness connector [See Fig. 8] to clean the inevitable corrosion off the contacts as best as possible. I used a can of compressed air to blow them out, frequently changing the grit surface on the sandpaper.
Now, the only operational difference is determined by the location of the switch, which has reversed parameters for either the armrest or the seat-side locations. As noted above, the seat mechanism moves horizontally front to rear, tilts the front and tilts the rear. The switch has six metal contacts inside which trigger the motion functions.
Disassembly of the switch is tricky. Do NOT try to pry up the four flat lugs holding the switch assembly to the underside of the switch housing. [Fig. 10] They are part of the spring-steel clips and could suddenly snap off and hit you in the eye! You will then have a big hospital bill, be blind in at least one eye, and you will STILL not have fixed the switch! You may also break the flimsy pot-metal switch housing. There are four spring-steel clips holding the internal switch parts inside the pot-metal housing. The two spring-steel clips on the sides are the longer ones that also hold the plastic harness connector fast to the switch assembly. Remove these first by GENTLY rocking a thin screwdriver blade next to each larger side clip inbetween the housing side and the switch assembly plate to provide just a bit of static tension on the clip itself. Then one should use the tip of a punch to GENTLY push the small retaining spur or snell on each clip past the little hole near the edge of each of the four sides of the pot-metal housing so that the clips may be CAREFULLY withdrawn. Do this successively with each of the four clips, and GENTLY withdraw the switch assembly therefrom. Be careful not to drop one of the tiny end clips where it gets lost (like I did while disassembling the device again to take the pictures for this article!)
There should be a small piece of sheet plastic covering the copper switch contacts (sandwiched between those contacts and the button assembly) to inhibit moisture on the contacts. [Fig. 11] My plastic sheet was slightly perforated from years of use, so I put some plastic electrical tape on the underside to block the perforations before I reinstalled it over the later-cleaned contacts, some of which were badly corroded initially. The plastic should protect the copper contacts from spills, rain, etc. on the armrest. Clean the contacts with the same fine-grit sandpaper, being sure to clean each facing pair of contacts underneath each overlay copper strip, then blow the resultant dust off with the compressed air. I also used the sandpaper to remove some of the surface corrosion off the pot-metal switch housing and removed the button assembly [Fig.12] and cleaned it as well. The three buttons rock or pivot over top of the various paired contacts closing and opening them alternatively. The circuits thus energized reverse the two field windings for the motor to reverse direction, energize the forward or rear actuators to tilt or the horizontal actuators to move forward or back.
After cleaning the switch assembly and its harness connector, I first checked continuity through the switch assembly with the ohm settings on my multimeter by activating the various buttons and making sure that completed, low-resistance contact was made at all the pins in the proper order. NOTE: DO NOT USE THE OHMMETER SETTING ON A “HOT” WIRE! All current must be completely disconnected from the circuits, or you will burn your multimeter up!
The No. 1 pin is the “HOT” feed when energized, so I checked for possible resistance from that pin through the rest of the circuits. One must check that the circuit resistance throughout the switch is not excessive, less than 0.5 ohms. After reconnecting the battery cable(s), the key should be turned to the “Acc” position to energize the circuit, making sure the under-seat connectors to the motor and to the solenoid transmission assembly are all disconnected. Using the multimeter as a voltmeter, with the black lead on a good ground, one checks for 12 volts at the following places in the following order, being sure to not perforate the wiring insulation or break the connectors:
1—Fuse panel;
2—No. 1 socket on switch harness connector—should be “HOT”;
3—Reassemble the cleaned switch assembly and rejoin the cleaned switch harness connector to it; check the under-seat motor and solenoid transmission harness connectors (switch buttons must be activated) for proper voltage. [Fig. 13]
If at least 12 volts are found successively at these locations, then the electrical circuit is functioning properly. If less than 11 volts is found anywhere, there is a current-robbing voltage drop (“V-drop”) somewhere between the place checked and whichever prior one which was OK, and it MUST be fixed. There really should be no more than ½ volt dropped between the fuse panel and the motor and solenoids; any resistance between (such as loose connections or corrosion) can cause a “drop” and starve the motor of much-needed voltage. That will cause the motor to instead pull excessive amperage (current) and may heat things up and/or burn some wiring somewhere or even burn the motor up.
For the unfamiliar, voltage drop is checked (like all voltage) in parallel with the circuit or loads. [See Fig. 3] One meter lead or probe is put at the fuse panel, for example, and the other lead or probe is inserted into the back of the harness connectors (“back-probe”) [See Fig. 13] to the seat motor and solenoids, for example. With the key on “Acc” and the switch buttons successively pushed to activate the seat circuits, if any reading during an activation shows a “drop” of more than 0.500 volt, then that specific circuit must be fixed. Starting at the fuse panel, the remote probe should be moved further and further away from the probe at the fuse panel, checking the voltage at each point in the circuit, until possible offending component(s) is/are identified. Then the probe at the fuse panel can be moved toward it until the offending link is narrowly identified and then repaired. Be sure to back-probe connectors in place as the circuits must be complete and working to measure voltage drop. One should also check the V-drop from the fuse panel to the back of the “Hot” wire connector to be sure there is no significant drop in that feed. Then the circuits may be checked from the back of the “Hot” connector to the back of each of the other connectors as the switch is operated, then from the respective switch connectors to the remote connector(s) on the motor and solenoids. NOTE: the motor and solenoids will eat up whatever voltage is left over, so if the circuit is checked to the seat frame (though which the motor and solenoids are grounded) then a full 12 volts drop will likely show on the meter. The idea is to check what actually GETS to the motor and solenoids (ideally a full 12 volts), not what is used up by them.
It is now time to address the rehab of the mechanical components.
PART TWO—MECHANICAL ISSUES:
First disconnect the negative battery cable to keep any current from flowing through any circuits. Disconnect all under-seat wiring harnesses from the motor and the solenoid transmission under the seat and (optional) remove the seat cushion(s). There are usually four flanged ½-inch bolts that hold down the seat frame assembly to the floor pan, and they should be removed. One may need a U-joint on a socket extension to get to the “rear” bolts on each side of the seat tracks. NOTE BIG TIME: there is also a ground wire from the seat frame to the car floor [Fig. 14], also held in place under the driver’s seat by a fifth flanged ½-inch bolt. That must be completely removed and disconnected from the floor to get the seat out.
If all the wiring is disconnected, the seat frame assembly should come out of the car easily and may be turned upside down on a protected surface on a table [See Fig. 1], thus exposing the motor and solenoid transmission assembly for removal. Disconnect all drive cables from all six actuators on both seat tracks [See Fig. 9] and remove the solenoid transmission. Check the motor for proper lubrication and leave in place unless it needs rebuilding—probably not. There is a little “driveshaft” from the motor to the solenoid transmission that should be set aside in a safe place.
Remove the solenoid transmission by first removing the two bolts [Fig. 15] holding it to the seat frame. There is an aluminum “keeper” strap across each side of the solenoid transmission where the cables attach to the transmission. [Fig. 16] It is necessary to unscrew those “keeper” straps to remove the 6 cables from the transmission. There are two screws on each strap, and they have really weird socket holes in the tops that defy ordinary screwdriver fittings, so I used the short end of an Allen wrench to loosen them (a Torx bit might work also). Then disassemble the transmission by separating the case at the mid-seam held by a Phillips screw on each side. There are three solenoids inside which attach to the exterior cables on each side.
There are a pair each of blue, yellow and black cables, the short ones going to the left (driver’s) side and the longer ones going to the right (passenger) side. [See Fig. 1] On my Olds the yellow cables drive the front actuators, the blue cables drive the rear actuators, and the black cables drive the center actuators. They are made like speedometer cables. Be sure that none is kinked from trying to drive that gummy old lubricant inside the solenoids or actuators. Replacements are sometimes available from “USA Parts Supply” in Kearneysville, WV.
Open up the transmission case and clean the old lubricant thoroughly off each component therein and re-lube with nonhardening material, like white lithium grease or anti-seize compound, then reassemble the solenoid transmission. Energize with a 12-volt source to be sure the solenoids are easily engaging. I keep a charged spare 12-volt car battery on my workbench for such purposes.
The next step is very time-consuming and rigorous: remove and disassemble each of the six actuators and clean them thoroughly also, ONE AT A TIME. I started with the rear actuators [Figs. 17 & 18] and cleaned all the gummed-up white grease out of each of them [Fig. 19], using the point of a screwdriver in the grooves of the gears. It was hardened in the teeth of the gears, so it took a long time. It was substantially impervious to an electric wire wheel!! But for the rear actuators, it may be necessary to actually move the seat tracks fore and aft to get to the mounting bolts for the actuators, so I used a cut-nail in an electric drill and stuck that into the center actuator to move those tracks. Don’t let it jam hard against the track stops as it will jam the nail in the drive hole.
The front and rear actuators work as follows:
Torque force is applied to the input worm gear by the cable. [See Fig. 19] The worm gear engages a drum-like spiral gear inside the housing (that is where the old grease is built up). As the worm gear spins the spiral drum, a threaded rod or “piston” of sorts rides up and down inside the drum on internal threads, moving the seat corner up or down. The far end of the piston engages a slot on the underside of the seat to keep it in place, held in place by a 19 mm. nut that also holds in place a spring-steel clip about 2 inches long on the far (upper) side of the seat-track scissor. [Fig. 20]
Disassembly is fairly straightforward for the front and rear actuators. The track will pivot up toward the front of the seat when disconnected from the rear actuator. [See Fig. 17] But, I could not figure out a way to disassemble the center actuators that move the seat fore and aft, so I removed them from the tracks (BEWARE the tension spring, see below) and just sprayed them thoroughly inside with brake cleaner and let that drain out, hoping I was getting them cleaned up. I then sprayed the insides with white lithium grease and am hoping for the best. When removing or reinstalling the center actuators, there is a small coil spring sitting inside the scissor track assembly on a vertical post aft of the center actuator (don’t pinch your fingers working on this system). [Figs. 21 & 22] That spring provides tension against the body of the center actuator to keep the actuator pinion gear engaged in the teeth on the seat track. That spring must be relocated in place when reinstalling the cleaned center actuator on each side. Note its assembly before removal of the center actuator. When reinstalling the center actuators, while tightening the two flanged bolts that hold each center actuator to the track (the front and rear actuators do not use flanged bolts), you may want to push the drive pinion off the track rack just a “hair” (against the spring tension with your thumb) to keep the pinion from binding. After I cleaned and reinstalled the center actuators and the springs, I re-lubed the pinion and teeth on the seat tracks with white lithium grease.
Before reinstalling the front and rear actuators, check the track scissor lift actuation. Each side should move easily without binding. When reinstalling all of these actuators, it is necessary to check the piston depth on the bottom of each drum gear inside the front and rear actuators for even depth, especially left and right. [See Fig. 18] It is also necessary to be sure that the seat tracks are in the same fore-aft location respecting the center-actuator pinons. The left and right seat sides must move in tandem with each other in all modes.
After the actuators have been cleaned and reinstalled, reconnect all cables and energize the system with a 12-volt source to check ease of operation. Be sure and operate a pair of actuators together, preferably with the control switch in the car. One may even check voltage drop to the motor and transmission again to be sure. Reinstall the seat, making sure to connect the ground cable under the driver’s seat. Tighten the track bolts snugly and rock the seat to be sure there is no play in the bolts. Connect the under-seat harness at both the motor and the solenoids and work the operation with the switch again to be sure it is fully functional.
FIGURES REFERENCED:
Electrical work:
1—Under-seat view
2—Solenoid transmission, cables
3—Seat elec. circuit diagram (modified)
4—Fuse panel diagram
5—Door handle, plate removed
6—Switch assembly
7—Switch pins
8—Connector sockets
9—Track, right
10—Switch clips, lugs
11—Switch contacts, moisture sheet
12—Switch buttons
13—Motor, solenoid connector
Mechanical Work:
14—Ground wire
15—Solenoid transmission bolts
16—Aluminum cable “keeper”
17—Actuator, right rear, assembled
18—Track, right--up position
19—Actuator, right front, disassembled
20—Actuator, right front, 19mm. nut anchor
21—Spring, right track, w/center actuator
22—Spring, left track, w/center actuator
All photographs (Figs. 1, 2 and 5-22) © 8/26/08 by Soowee. All rights reserved.
Figures 3 & 4 taken from the 1964 Oldsmobile Service Manual, © Oct., 1963, Oldsmobile Division, General Motors Corporation.
Wednesday, July 30, 2008
FIRE STATION OF THE CROSS
Yet another path to Hell for me was established by my visits to the local fire station on Sundays when I was supposed to be in church, as were most of my less heathen contemporaries. I must explain.
Our municipal complex was located adjacent to the post office in my small North Carolina hometown. My buddy Tom and I both grew up to be lawyers, and we used to go upstairs in the municipal building to conduct imaginary trials in the courtroom when it was not in use. He came by it more authentically than did I because his father was my family’s lawyer.
Anyway, the town fire station was attached to the municipal building, right around the corner from the Episcopal Church, and a fairly long hike away from my Presbyterian Church. The fire station had all the beautiful shiny fire engines and a real pole to slide down on from the dormitory above. Some of us more adventuresome types would try to sneak upstairs to the dormitory because there were pictures of “nekkid” women taped to the walls up there, probably early “Playboy” centerfolds. Absolutely fascinating, especially for a 14-year-old.
One of my Episcopal buddies and I had managed to finagle a deal with our respective parents whereby he and I would meet at the fire station between Sunday School and church and arrange to attend either the Episcopal Church or the Presbyterian Church together, SO LONG AS we attended one or the other each week. It never occurred to us that our parents, being close friends with each other, would find our “regular” church attendance so endearing or worthy of discussion.
At the fire station it was possible to work the vending machines and feast upon a drink and pack of “Nabs” (crackers) for the crippling sum of fifteen cents. Ten cents for the drink and five cents for the “Nabs,” this being the early, stable 1960’s. Being the godless heathen that I was fast becoming, I would sit in the back of the Sunday School classroom barely paying attention to the lesson being drilled into our impressionable skulls, trying to make change of no less than fifteen cents from the quarter or so I was given by my parents to put into the collection envelope so that I could sate my venal, earthly desires at the fire station! By sitting in the back, I could count on the collection envelope having enough change provided by the other, more devout kids to accomplish my task, as well as stay out of the plain view of the pious, humorless teacher at the front.
A fast walk to the fire station right after Sunday School ensured that I could get my drink and Nabs and pow-wow with my buddies (mostly Episcopalians) who were already there before it was time to make a decision and head to one church or the other.
It thus became “obvious” to my friend and me one day that our parents did not really KNOW if we attended one church or the other. It was but a short trip to the conclusion that we REALLY did not need to attend either church as we were SURE that each set of parents would assume that we had attended the other church. Thus, we could kill an hour hanging out at the fire station and trying to sneak upstairs to look at the “nekkid” women if the fire station were skeletally attended, as was usually the case on Sundays. Thus started our downfall.
I was something of a show-off. (Seriously!) I was NOT subject to peer-pressure as a youth—I created it! I, therefore, decided to demonstrate on one of these godless Sundays at the fire station how it was possible to put a whole pack of peanuts into a Pepsi and guzzle the whole thing, peanuts and all, non-stop until the bottle was completely empty, followed by a very loud burp to the cheers and applause of my cohorts who were also playing “hooky” from church. It guaranteed a lot of laughs and mirth.
So, in one of these moments of vain demonstration, I proceeded to perform this amazing trick of derring-do and was just about to swallow the last gulp of peanut-choked Pepsi to the amusement and satisfaction of my friends when I noticed their strange silence! I looked down the barrel of the bottle and saw, to my amazement and dread, my father standing on the concrete apron of the fire station with something less than pleasure or admiration in his eyes. Strangely, he was not impressed with my performance.
Needless to say, that was the end of our church-attendance-choice program. It was also the end of quick trips to the fire station. You-know-what had hit the fan and spattered all over the place. It was really ugly. Mandatory church attendance with my adoring family was now the sole program. I never set foot inside that Episcopal Church (nor the fire station) again.
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