PROPOSED NEW DICTATOR LAW A REPEAT OF THE OLD PA 4

Governor Rick Snyder, who signed PA 4, a law giving unprecedented and dictatorial powers to unelected Emergency Managers, was invited to be the Grand Marshall of Benton Harbor and St. Joseph’s annual Bloomtime Parade in Michigan. Benton Harbor is the first municipality where new EM powers have
been used to strip power from all of its elected officials. Hundreds of Michiganders from across the state came to Benton Harbor to protest Snyder. Photo by Brett Jelinek.

From Russ Bellant (email) 

December 9, 2012 

Click on SB 865 draft3  for proposed new EM law.

Brandon Jessup, CEO of Michigan Forward, initiated successful referendum drive to overturn PA 4.

First, thanks to Brandon Jessup for sending along the 68 page new EM bill that [was to be discussed in the Michigan House Education Committee at 9 am December 6]. The bill referenced in the committee posting only had 4 pages, hence the draft 3 version attached was not provided. 

This bill is substantially the same as PA4 that voters clearly rejected a month ago. Just as clearly, Snyder is telling Michigan voters that their action means nothing to him and he is going to try and run this bill again. Voters authority does not exist for Snyder. 

Here are the particulars from one quick review: 

• The term Emergency Manager is reused throughout the bill; no EFM. The EM shall have all the powers of elected executive and legislative officials. (P 25, line 23 to P 26, line 12) 
• The State Treasurer or State Superintendent of Public Instruction can impose an EM at their “sole discretion.” (P.11, lines 1 to 6) 
• Upholds PA 4 actions, even though our repeal of PA 4 nullified those actions. (P 13, lines 1 to 10; P 64, lines 21-23; P 67, line 16 to end of bill) 
• Allows impairment of contracts, including collective bargaining agreements (P7, lines 10 to 16), where local units can “exercise powers under federal bankruptcy law.” See also P 33, line 21 to P 34, line 23 for Unionbusting. 
• The EM can be paid in part by private parties (P27, line 5 to 8), an old Granholm/Bobb practice that was not in PA 4. 
• Can bar local officials from access to facilities (P 30, lines 6 to 13) 
• Can take over a pension fund and dismiss its board (P 34, line 34 to P 36, line 13) 
• Can transfer City functions to other public bodies and dissolve local government (P 39, lines 9 to 27) 
• End compensation for elected officials (p 41, line 25 to P 42, line 16) 
• Remove elected officials (P 63, line 25 to P 64, line 4) 

Republicans in both chambers are balking at the EAA power grab legislation. We will see if they will balk at snubbing the voters, even if they personally support EMs, as they did in 2011.