VIDEO ABOVE BY ANTHONY WILLIAMS
State ignores provisions of PA 72, which is itself illegal
Robert Davis sues, says Snyder has no right to EFM selection
By Diane Bukowski
March 10, 2013
DETROIT—As protesters gathered outside the Detroit Athletic Club March 8, Michigan Governor Rick Snyder declared inside that he will appoint a Detroit EFM immediately after an appeals hearing by the Detroit City Council, set for March 12, 2013 in front of the state’s chief deputy treasurer.
“The appeal is specifically limited to disputes about the facts,” Snyder said in published remarks. “And that will be the focus of that. … And I expect to review that fairly quickly, within the manner (sic) of a couple of days.”
Protesters from Rainbow PUSH and other organizations chanted, “Tricky Ricky, you can’t hide, we can see your greedy side,” according to the Detroit News.
The facts, ma’am, just the facts, says Snyder.
Well, the facts under Public Act 72 are that the City Council can take the state’s in-house decision on its appeal to state circuit court, and that it is not the governor, but the “local emergency financial assistance loan board” which appoints an emergency financial manager. From PA 72 below:
“141.1217 Appeal; setting aside determination.
Sec. 17. A local government for which a financial emergency determination pursuant to section 15 or 16 has been confirmed to exist by the governor may appeal this determination to the circuit court for the county in which the local government is located or to the circuit court for the county of Ingham. The court shall not set aside a determination of the governor unless it finds that the determination is either of the following: (a) Not supported by competent, material, and substantial evidence on the whole record. (b) Arbitrary, capricious, or clearly an abuse or unwarranted exercise of discretion.”
Whether the City Council’s attorneys will take this matter to court remains to be seen, but advocates of self-determination for Detroit are certain to press for court action.
Public Act 72 also says:
“141.1218 Assigning responsibility for managing local government financial emergency; appointment, qualifications, and term of emergency financial manager; compensation and expenses; staff and professional assistance.
Sec. 18. (1) If the governor determines that a financial emergency exists under section 15, the governor shall assign the responsibility for managing the local government financial emergency to the local emergency financial assistance loan board created under the emergency municipal loan act, Act No. 243 of the Public Acts of 1980, being sections 141.931 to 141.942 of the Michigan Compiled Laws. The local emergency financial assistance loan board shall appoint an emergency financial manager.”
Not to mention that Public Act 72 itself no longer exists and everything Snyder has done under that ghost act is invalid. It is listed on the state website under “Items listed on this page have been repealed or changed and are no longer current law.”
Highland Park School Board member and labor activist Robert Davis has filed suit in Ingham County Circuit Court challenging Snyder’s right to interview candidates for an emergency financial manager, saying that this must be done by the “emergency financial loan board” cited in PA 72 above, and that proceedings must be done at a public hearing. A hearing on his suit is scheduled for Thurs. Oct. 14 in Ingham County Court.
Applicable sections of Public Act 243, which IS still on the books, are as follows:
“141.932 Local emergency financial assistance loan board; creation; membership; powers and duties; approval of actions; conducting business at public meeting; staff services.
“141.932 (4) All actions of the board shall be approved by all members of the board. All meetings of the board shall be conducted at a public meeting held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.”
So, the board should consist of State Treasurer Andy Dillon, acting independently of the department of treasury, the acting director of LARA, Steve Arwood, and the director of DTMB, John E. Nixon. Not that these Snyder appointees will disobey the orders of their commander-in-chief, but there is a PROCEDURE spelled out in Public Act 72 for the appointment of an EFM.
And PA 72 is invalid according to the state itself. So Michigan is outlaw territory.