Monday, August 6, 2012

AG Bill Schuette: Old emergency manager law comes back once new law is suspended



LANSING, MI - Attorney General Bill Schuette has issued a formal legal opinion saying that once a referendum on Michigan's toughened emergency manager law is certified for the November ballot, a previous version of the law will be revived.
The Republican also said Monday that the 1990 emergency manager law will stay in effect if voters agree to repeal the 2011 version.
The opinion, requested by state Treasurer Andy Dillon, is legally binding on state agencies and officers unless reversed by the courts.
On Friday, the Michigan Supreme Court ordered the proposed referendum on the ballot after a dispute over whether supporters printed their petitions in the correct type size.
The Board of State Canvassers - which had deadlocked 2-2 on voting to put the issue before voters - is expected to meet soon to comply with the ruling.
Dillon argued on Friday that it is the Snyder administration's position that all decisions made by emergency managers prior to Public Act 4 being certified for the ballot will remain in effect once the law is suspended.

Email David Eggert at deggert1@mlive.com and follow him on Twitter @DavidEggert00

Gov. Snyder reviewing Attorney General Schuette's recommendation on union-backed Protect Our Jobs proposal

Published: Saturday, August 04, 2012, 11:25 AM Updated: Saturday, August 04, 2012, 12:03 PM
Michigan Gov. Rick Snyder
GRAND RAPIDS, MI – Gov. Rick Snyder is reviewing the attorney general’s opinion that the union-backed Protect Our Jobs proposal is too sweeping for a 100-word ballot summary, and might not make a recommend on whether the measure should be kept off the November ballot.
A coalition of unions has donated $8 million to the campaign backing the proposal, which would enshrine collective bargaining into the constitution.
Attorney General Bill Schuette said the proposal renders null and void all or part of 170 existing laws and prevents future laws that would “abridge, impair or limit collective bargaining rights, except those that prohibit or restrict strikes by public employees.”
The Board of Canvassers would decide if the proposal can be summed up in 100 words on a ballot, through the four-member board has not scheduled a meeting to address the issue.
Snyder Press Secretary Sara Wurfel said Friday that Snyder might not make a formal recommendation to the canvassers, but in general doesn’t like the idea of such a wide-ranging amendment to the state constitution.
“The governor has said that does not like to see such divisive issues, and believes that collective bargaining has long been the practice in Michigan,” she said.
She said Snyder has worked well with state employees and has negotiated several contracts since taking office.
Wurfel said Snyder requested Schuette look at the Protect Our Jobs proposal “to get information and a clear understand” of what it encompasses.
Snyder in the past has said turning Michigan into a right to work state is not part of his agenda.
The proposal would give all state employees the right to elect an exclusive representative and bargain for all conditions and aspect of employment except for promotions, he said.
“Such a broad grant of collective bargaining power could eviscerate the Civil Service rules on prohibited subjects of bargaining and the merit system that the commission was charged to establish and enforce,” Schuette wrote in a letter to Snyder.
RELATED: Attorney General Bill Schuette's letter
“At a minimum, the initiative’s Trojan Horse-style repeal and revision of so many constitutional provisions and statutes cannot possibly be communicated, fairly, in not more than 100 words as the constitution requires,” he said.
“The legal reality gives rise to the question that the governor has posed: Is the Board of Canvassers legally obligated to place an unconstitutional proposal on the ballot? As common sense would suggest, the answer is no.”
Protect Our Jobs spokesman Dan Lijana said there is wide support for the proposal and dismissed Schuette’s analysis.
Nearly 700,000 Michigan citizens signed a petition to place this initiative on the ballot, more than double what is required by state law,” he said on Friday. “Silencing the voice of all voters on the basis of a faulty legal argument defies the spirit of democracy and protections offered to citizens by our constitution."
Email Dave Murray at dmurray@mlive.com and follow him on Twitter @ReporterDMurray or on Facebook.

Tomorrow is Primary Election Day




Tomorrow is Primary Election Day. The polls are open from 7 a.m. to 8 p.m.
Don’t forget to confirm your polling place before heading out tomorrow. You can check online:
https://webapps.sos.state.mi.us/mivote/

Make a plan now to get to the polls and VOTE!

Sincerely,



Mark Brewer

Sunday, August 5, 2012

Tim Skubick: Will Democrats pour money into recapturing the Michigan House?

Published: Sunday, August 05, 2012, 6:44 PM Updated: Sunday, August 05, 2012, 8:06 PM
Profile: Andy Dillon
 
Former Speaker of the House Andy Dillon is one reason why some donors may be hesitant to open up their pocketbooks to finance campaigns that could retake the state House.
 
It’s as if it happened just yesterday.
Gov. Jennifer Granholm was being whisked through a throng of jubilant Democrats to  celebrate her re-election in 2006 when she breezed by a reporter back stage.

“We just took control of the Michigan House,” she burst into her patented smile as her words trailed off into the maddening crowd.
Yeah. How’d that work out?

Not so hot which is why now, House Democrats are running into what’s known as the “Andy Dillon Curse.”

Those Democrats desperately want to swipe control from Republicans this fall and need a 10-seat pick-up to get there. However when Democrats go to their financial supporters in education, labor, and elsewhere, they sometimes run into the “Curse.”

Those with money put everything they had into taking control in '06, but with Mr. Dillon in charge, “He didn’t do much for the base” of the party, one insider laments. In other words, some Democratic donors didn't feel they got their money's worth.

Mr. Dillon’s “Democratic” credentials were the subject of internal debate as he cuddled up to the senate GOP leader in what turned out to be Gov. G’s worse nightmare. And to prove the point, Mr. Dillon ended-up in the Snyder administration. Surprise. Surprise.

Hence when it comes to money, memories are very long, and given the rambunctious nature of the House Democratic caucus, there is no guarantee another “Dillon-type” Democrat is not lurking in the wings. And that gives donors pause before they open their checkbooks.

This is not to say that the traditional Democrat money bags are bailing on the current batch of Democrats. Labor has sent word, “We are with you” on trying to regain control.

But labor is also pouring a ton of money into its own ballot proposals, one of which has a lousy 44 percent support in the polls. As one person put it, it makes more sense to dump those dollars into close house races where Democrats could win giving the D’s something more important than a ballot amendment: veto power and a firewall to block the GOP Governor’s agenda.

On the other side, there are rumblings that the Republicans themselves are a tad nervous about losing control. In fact one report from a knowledgeable source suggests a post-election November lame duck agenda of conservative GOP issues is being considered, just in case the Democrats pull this off.
That way the governor could pass all that stuff, including Right to Work, before the Democrats take control in January.

There is a path for Democrats to get there, although it’s not a sure thing.
Just ponder the self-inflected train-wrecks the Republicans have foisted on
themselves. Starting with the Vagina mess that stirred up female voters.
And then there's the Rep. Roy Schmidt/Speaker Jase Bolger fiasco, in which they were accused of trying to influence an election. It could cost Schmidt his own seat in Grand Rapids.

Normally outstate Michigan is a stronghold for the GOP. But with the advent of the governor’s tax on some senior pensions, all those retired union workers up North could show up in mass to bounce the incumbent R’s out of a job.
A lot depends, too, on how well Mr. Obama does as the D’s hope for presidential coattails that reach from Monroe to Marquette.
Hope is the easy part.

And some are hoping the "Dillon Curse" is a myth that won’t cost the Democrats the seats they need to regain control in what is sure to be a close contest either way.

Tim Skubick is host of "Off the Record" on WKAR-TV in East Lansing. Watch the show anytime at video.wkar.org.




GDH

Saturday, August 4, 2012

Criminal history questions off limits at job interviews if U.S. Rep. Clarke-proposed law passes

Published: Saturday, August 04, 2012, 7:00 AM
Clarke Ban the Box.JPG
U.S. Rep. Hansen Clarke, D-Detroit, speaks about new legislation he proposes that would make employment questions about criminal history off limits.
DETROIT, MI — "Ban the box" legislation is headed for the national stage.A new law being proposed in Washington D.C. by U.S. Rep. Hansen Clarke, D-Detroit, could make it illegal for employers to ask prospective job candidates about their criminal history.(Read HR 6220 here)


It's not a new idea.

Supporters hold the view that employment applications requiring applicants to fill out whether they have ever been convicted of a felon unfairly precludes them from employment, even if they are otherwise qualified.

The movement began targeting laws in municipalities across Michigan — Kalamazoo, Detroit, Saginaw County, Muskegon, Battle Creek — and has made headway, especially related to government hiring, in removing the question from applications.

Clarke's legislation, if supported by Congress, could fast-track the movement to the national stage and affect hiring practices nationwide.

The law would "prohibit an employer from inquiring whether an applicant for employment has been convicted of a criminal offense" until they have extended a job offer.

Other exceptions would be made for positions in situations that "involve an unreasonable risk to the safety of specific individuals or to the general public."

More than 70 attended a presentation in Detroit Friday sponsored by Clarke and members of the state initiative to discuss the proposal.

Speakers urged attendees to show their support for the legislation by voting for Clarke in the Aug. 7 primary.
According to the Detroit Free Press, Clarke is trailing Gary Peters, D-Bloomfield Township, by nearly 20 points in the race to represent 14th District, based on an EPIC-MRA automated phone poll.
Ken Cockrel Ban the Box.JPGView full sizeDetroit Councilman Ken Cockrel Jr. supports legislation that would prohibit employers from asking questions about an applicant's criminal history.
Detroit Councilman Ken Cockrel Jr., who supported measures in Detroit to eliminate the felony question from city employment applications and applications used by city contractors, also attended the press conference Friday to voice support for Clarke's legislation.

"I don't think the issue is that criminal history is not important the issue is whether or not sombody should be prejudged base on what they did in their past," Cockrel said. "We still do background checks... but the difference now (in Detroit)... is you eliminate the box so that gives someone the opportunity to get their foot in the door and have an interview and then they can explain that themselves.

"All too often what happens is that there pre-judged and those application go right into the circular file or into the shredder."


The Northern Michigan Democrat asks : Should criminal history background be off limits in employment applications & interviews ?
YES or NO

Benton Harbor Emergency Manager will lose some power after Supreme Court ruling

Published: Saturday, August 04, 2012, 8:30 AM
Ian Kullgren | ikullgre@mlive.com



BENTON HARBOR, MI – Benton Harbor is one of four communities that will be affected by a Michigan Supreme Court ruling Friday approving a ballot referendum to repeal the 2011 emergency manager law.

The court ruled in favor of the petition group, putting to rest complaints from the law's proponents that the petition's font was smaller than the legal minimum. State officials said on Friday that the decision will suspend Public Act 4, the controversial law that expanded emergency managers' powers to include breaking union contracts and suspending local government, once the state Board of Canvassers officially approves the petition language.

Benton Harbor, along with Flint, Pontiac and Escorse, now must have someone reappointed as an emergency financial manager under an earlier version of the law passed in the 1990s.

But even under the older version, elected officials will not regain local control, Department of Treasury spokesman Terry Stanton said.

Under the old law, emergency financial managers do not have the power to break union contracts, which has proved to be one of the most controversial parts of the law.

Governor Rick Snyder and State Treasurer Andy Dillon rolled out a plan on Friday that would sidestep the possible repeal by pushing through a replacement law.

"It's not like we willy-nilly and recklessly used the powers of Public Act 4," Dillon said in a press conference Friday afternoon.

That could get underway as early as Aug. 15 when the legislature comes back into session. 

Although the Department of Treasury said all of the current emergency managers are expected to be reappointed, Benton Harbor Emergency Manager Joseph Harris' position is uniquely uncertain at this point. He recently told the Kalamazoo Gazette/MLive he was being forced out of office by political adversaries in Southwest Michigan, and the Department of Treasury was already interviewing other candidates for the position.

Harris said he was told during a meeting with the Department of Treasury in June that he would be replaced before Benton Harbor regained local control.
The Herald-Palladium reported State Rep. Al Pscholka met with Benton Harbor Mayor James Hightower and representatives from Whirlpool to explore the possibility of a change in the emergency manager position, but denied Harris' account that he was being forced out.

Both Harris and Hightower could not immediately be reached for contact Friday.

GDH