The American Civil Liberties Union (ACLU) of Michigan, April 7, filed 13 Freedom of Information Act (FOIA) requests seeking records regarding Public Acts 4-9, the new emergency manager law passed in March.
In a press release, ACLU Director Kate Moss observed news reports that estimated over 100 local governments are potentially in a state of 'fiscal watch' and 40 school districts or charter schools are in deficit while another 150 are in danger of going into deficit.
Moss says the implications for the state are potentially enormous and questioned the passing of the law.
"Our elected officials have painted the issue with broad brush strokes and these FOIA requests seek the details," she said.
Currently, there are state appointed emergency managers (formerly emergency financial managers) in three Michigan cities — Benton Harbor, Pontiac and Ecorse and in the Detroit Public School (DPS) district.
Because the new law is retroactive, these EMs can apply its sweeping draconian changes immediately.
The new legislation, signed by Gov. Rick Snyder March 16, gives broad, new powers to state-appointed emergency managers that include the ability to terminate union contracts and strip power from local elected officials.
The new law creates 18 triggers that would bring an EM to a financially strapped city or school district.
In a February Detroit City Council meeting, Councilmember James Tate noted the city of Detroit has nine of those triggers.
ACLU probes Michigan Gov. Rick Snyder's Emergency Financial Management Law's Origins, Seeks Info About Lobbyist Influence
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Prior to the passing of the EM law, several questions to its constitutionality were raised and continue to be raised.
Councilmember JoAnn Watson began conversation with local attorneys to explore the likelihood of a lawsuit. There was also talk of filing a suit on the state level by some Democratic members of the legislature.
The ACLU of Michigan says their FOIA requests seek to understand the intent of the law, the scope of authority and oversight, the implications for cities and school districts and the involvement of the Mackinac Center for Public Policy (MCPP) — the drafters of the legislation.
And the first state takeover of a Michigan city government has already occurred - Benton Harbor:
Benton Harbor emergency manager strips power from all elected officials
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The GOP yells about states' rights a lot, but what about city and county rights?
- 4 votes
I know people in Michigan own guns. Time to water that tree of liberty - give it a good watering. What is the worst that can happen? Obama sends in the National guard and has the feds strike down Snyder's Enabling Act?
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