Tag Archives | Emergency Manager Law
<h2>I read this stuff so you don't have to</h2>
A mere 37 days after voters repealed Public Act 4, Michigan's notorious and anti-democratic Emergency Manager Law, Republican legislators passed a new version to replace it. It was signed into law as Public Act 436 thirteen days later. This defiant thumb-in-the-eye to the will of the voters was even more egregious since it contains two appropriations, one to pay Emergency Managers and another to hire consultants, lawyers, "work-out experts", and others to implement the law. These appropriations ensure voters won't have a chance to interfere with the business of our Very Serious GOP legislators on this matter again.

So, what, exactly, is in this new law? Well, for starters, let's have a look at the title:

<b>"THE LOCAL FINANCIAL STABILITY AND CHOICE ACT"</b>

I'm not kidding. That's what they call it. It's surprising they didn't figure out a way to include the words "FREEDOM" and "INDEPENDENCE" while they were at it. You can read the law <a href="http://www.legislature.mi.gov/documents/2011-2012/publicact/pdf/2012-PA-0436.pdf">HERE (pdf)</a>.

All the gory details of this new law after the jump.

A comprehensive look at Michigan’s new(est) Emergency Manager Law, now with STABILITY & CHOICE!

I read this stuff so you don't have to

A mere 37 days after voters repealed Public Act 4, Michigan's notorious and anti-democratic Emergency Manager Law, Republican legislators passed a new version to replace it. It was signed into law as Public Act 436 thirteen days later. This defiant thumb-in-the-eye to the will of the voters was even more egregious since it contains two appropriations, one to pay Emergency Managers and another to hire consultants, lawyers, "work-out experts", and others to implement the law. These appropriations ensure voters won't have a chance to interfere with the business of our Very Serious GOP legislators on this matter again. So, what, exactly, is in this new law? Well, for starters, let's have a look at the title: "THE LOCAL FINANCIAL STABILITY AND CHOICE ACT" I'm not kidding. That's what they call it. It's surprising they didn't figure out a way to include the words "FREEDOM" and "INDEPENDENCE" while they were at it. You can read the law HERE (pdf). All the gory details of this new law after the jump.
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MIemergency

With Detroit under an Emergency Financial Manager, half of Michigan blacks will have no elected local government

A non-racist law with wildly racial impact

Back in December of 2011, I wrote a series of pieces that showed how Michigan's Emergency Manager Law was having a skewed negative impact on African American cities. With Detroit on the verge of being assigned an Emergency Financial Manager (EFM) and with updated census data, it's time to revisit the chart that put this law on the national radar. In 2011, there were approximately 9,876,801 people in Michigan, about 1,402,506 (or 14.2%) of whom were African American. If Detroit gets an Emergency Financial Manager, 49% of the African Americans in Michigan will live in cities where their elected officials have been replaced by a single, state-appointed ruler. Details after the jump.
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Congressmen Conyers, Clarke, and Peters request answers from Governor Snyder regarding their proposed Detroit Consent Agreement

In a comprehensive and sternly-worded letter to Governor Rick Snyder (pdf), Congressmen John Conyers, Jr., Hansen Clarke, and Gary Peters are asking for some answers regarding his administration’s proposed Detroit Consent Agreement.

The letter focuses on seven key areas:

  1. Failure of State to Provide Any Financial Assistance
    Governor Snyder is asked to explain why, unlike in other struggling cities across the country, they “will not consider the same types of financial partnership approaches utilized for cities such as New York, Cleveland, and Philadelphia”.
  2. Unconstitutional Limitation on Collective Bargaining
    During a legal forum held by Rep. Conyers last month, Kenneth Klee, a renowned expert on constitutional issues relating to bankruptcy testified:
    “[A]s currently drafted, the [Michigan EM Law] is violative of the Contracts Clause ..
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Snyder administration denied appeal on prohibition against signing Consent Agreement with Detroit

Ouch. That’ll leave a mark.

My favorite Michigan judge at the moment, Ingham County Judge William Collette, today issued yet another spanking to the administration of Governor Rick Snyder. The Snyder administration appealed a ruling made an earlier this week barring them from signing a Consent Agreement with Detroit until after a March 29th hearing. That hearing has been postponed twice at the request of the Snyder administration.

Today, Judge Collette denied their appeal. He said he felt “bushwacked” by the state’s request.

An Ingham County Judge this morning denied a request by Gov. Rick Snyder and the Detroit financial review team to lift his order that bars them from entering into a consent agreement with Mayor Dave Bing and Detroit City Council to address the city’s financial emergency until late next week.…
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Michigan judge bars Snyder administration from signing Detroit Consent Agreement - for now

Michigan judge bars Snyder administration from signing Detroit Consent Agreement – for now

Can’t win for losin’…

The Snyder administration was handed another in a long list of legal setbacks today as my now-favorite judge, Ingham Country Judge William Collette, smacked them down again.

Recall that Judge Collette had already issued a mighty smackdown to the Detroit Emergency Manager Review Team earlier in the month:

An Ingham County judge this afternoon ordered all 10 members of the Detroit emergency financial review team to appear in his courtroom March 12 to answer why they should not be held in contempt for attempting to evade his finding that the review team is subject to the Open Meetings Act by forming a smaller committee to meet in secret.
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Emergency Manager panel discussion in Ann Arbor - 3/19/2012

Emergency Manager panel discussion in Ann Arbor – 3/19/2012

We all agree, this isn’t easy

Last night, the Gerald R. Ford School of Public Policy at the University of Michigan held a public panel discussion on Public Act 4 — Michigan’s Emergency Manager law. On the panel were Deputy State Treasurer for Local Government Services Roger Fraser, Chairman and CEO of Michigan Forward Brandon Jessup, Benton Harbor Emergency Manager Joe Harris, and Flint mayor Dayne Walling.

The four men gave opening remarks before taking questions. Roger Fraser talked about how the state really does not want to have to resort to an Emergency Manager and that PA 4 gives them the tools they need to act early, before one is needed.…

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The artlessness of the Snyder administration's approach to imposing Emergency Managers

The artlessness of the Snyder administration’s approach to imposing Emergency Managers

You don’t have to be a jerk about it

Last spring when I published exclusive audio of Benton Harbor Emergency Manager Joe Harris talking about crushing the unions, I was shocked at what he said and, more to the point, how he said it:

So, I’ve laid off twenty-five people. I’ve laid off nine police officers. I’ve laid off four fireman. I’ve haven’t’ done that yet but this Friday — after the townhall meeting. Oh, they know it’s comin’! They know it’s comin’! And I’ve laid off four EPW — I had nine major equipment or heavy equipment operators but only five pieces of heavy equipment.
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Negative reactions to the Detroit Consent Agreement come fast and furious

A Consent Agreement by any other name is still an Emergency Manager

Yesterday, Michigan Governor Rick Snyder presented a Consent Agreement to the city of Detroit. You can read the 26-page Consent Agreement HERE (pdf). HuffPo Detroit has a great run-down of the key parts of the Consent Agreement HERE. There’s some surprisingly egregious stuff in there. Whoa.

Here’s the rather straight forward, if not harsh, condemnation of the proposal by Detroit Mayor Bing:

I’m tremendously disappointed that this consent agreement proposed by Governor Snyder does not represent the spirit of partnership needed between the City and the State to resolve the City’s financial challenges.…
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Tuesday afternoon Michigan Emergency Manager news round-up – 3/13/2012

In our last episode…

  • Detroit may avoid Emergency Manager by agreeing to a consent agreement
    This morning, Michigan Governor Rick Snyder presented a consent agreement to Detroit city officials. This is basically his last offer before imposing an Emergency Manager on Michigan’s largest city.

    Michigan Radio reporting news from the Associated Press:

    Councilman James Tate says the deal includes an advisory committee that would remove some power from elected officials. Tate says the consent agreement reads more like a “one-way edict.”

    If approved, the deal could keep the state from appointing an emergency financial manager in Detroit, which faces a $197 million budget deficit.

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Indiana House of Representatives passes Emergency Manager bill, heads to Governor to become law

There goes another one, just like the other one…

As I wrote about in January, the Indiana Senate decisively passed an Emergency Manager bill similar to but different than Michigan’s Emergency Manager Law. The vote was 48-1. Last Friday, the Indiana House passed the Emergency Manager bill unanimously, 96-0.

Local governments and school corporations in financial distress could ask a state board to appoint an emergency manager to fix their finances under legislation approved by the Indiana General Assembly Friday.

House Bill 1192 empowers an emergency manager appointed by the Indiana Distressed Unit Appeals Board to reduce spending, cut payroll and renegotiate contracts without first obtaining the consent of elected officials.

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Pictures from delivery of petition signatures to repeal Public Act 4

Pictures from delivery of petition signatures to repeal Public Act 4

Here are some photos, courtesy of Michigan Forward, from the delivery of over 226,000 petition signatures to the Secretary of States office on Wednesday. Some details along with a statement from Michigan Forward are available in yesterday’s News Round-up.


Rally at Central United Methodist Church


Another rally shot


Brandon Jessup, Rev. David Bullock, Rev. Charles Williams and others delivering petitions to the SOS


Happy petition deliverers!


A very important receipt

And now the second and equally-challenging phase begins.…

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