John Conyers Asks Attorney General To Review Michigan Emergency Manager Law

DETROIT -- As Michigan Gov. Rick Snyder plans a preliminary state review of Detroit's finances, a legal challenge to his authority to do such an action may be on the way. Rep. John Conyers (D-Mich.), who represents Detroit, has sent a letter to Attorney General Eric Holder asking the Justice Department for an immediate review of Michigan's emergency manager law.

A 30-day preliminary financial review is the first step toward a state appointment of an emergency manager for Detroit -- an outcome Snyder has said he would like to avoid and members of Detroits' City Council and Mayor Dave Bing have vehemently opposed. At a last-minute press conference called Thursday, Bing and City Council members, along with labor, religious and business leaders, announced their opposition to a preliminary review.

Conyers's letter to Holder outlines the ways in which he says Michigan's emergency manager law is unconstitutional. "I believe the Justice Department has ample authority to review and if necessary challenge this unilateral exercise of power by the State towards the City of Detroit and other jurisdictions," he wrote Thursday.

A version of the emergency manager law has been on the books in Michigan since 1988, but Public Act 4, passed by the majority Republican legislature and signed by Snyder in March, grants further-reaching powers to the governor and appointees. Under the law, Michigan's governor can appoint an emergency manager for any community or school district the state considers to be in a "financial emergency." The conditions of financial emergency are left loosely defined.

Emergency managers have broad powers, including the ability to unilaterally dismiss elected officials, dissolve municipal governments, break collective bargaining agreements and sell public assets.

Opponents Public Act 4 have long said that it is unconstitutional. Conyers first spoke against the law when it passed the Michigan House in March.

"I do not often comment on the activities of the Michigan Legislature, but House Bill 4214 stands out as an unconstitutional swipe at minority communities and hardworking public workers," he wrote in a March 27 Free Press op-ed. "Done under the guise of Michigan's temporary financial distress, this bill is an opportunistic power grab by Republican state legislators and now the governor."

In his Thursday letter, Conyers invoked the contract clause of the U.S. Constitution, which prohibits states from "impairing the obligation of contracts."

He also said the appointment of emergency managers "would appear to violate the Voting Rights Act."

"While the law itself may be facially neutral, it would seem that it is being applied in a discriminatory fashion, as the impacted jurisdictions have very high proportions of African Americans and other minorities," Conyers wrote.

Emergency managers are currently in place in four Michigan municipalities: Benton Harbor, Pontiac, Ecorse and now Flint, as well as the Detroit Public Schools district. They've been appointed previously in Hamtramck and Highland Park, among other municipalities.

"By initiating the process that would add the City of Detroit to the list of EM jurisdictions, another largely African American jurisdiction, the State would be perpetuating the discrimination on an even more egregious scale," Conyers wrote.

A spokeswoman for the Department of Justice confirmed to HuffPost that the department had received the letter and was reviewing it, but declined to comment further.

In September, a U.S. District Court judge dismissed a challenge to the law from Detroit's pension boards, finding the law had not yet affected the plaintiffs.

Other groups have taken a different approach to challenging Public Act 4. A coalition called Stand Up For Democracy has been gathering signatures in a petition drive to freeze Public Act 4 and put it up for a referendum on the 2012 ballot. The group has set a goal of 250,000 signatures, though only 161,304 valid signatures are needed to freeze the law.

The Michigan local of American Federation of State, County and Municipal Employees has been instrumental in that effort and is currently validating the collected signatures. A source familiar with the petition drive told HuffPost organizers had collected "in excess of 155,000 signatures," though Brad Wilson, AFSCME Michigan's campaign manager, declined to comment further. Michigan Forward, Stand Up for Democracy and members of the labor, civic and religious communities will hold a press conference Friday afternoon and are expected to announce the number of signatures gathered so far.

Comments

[Gordon Marble]

03:42 PM on 12/09/2011

With every body crying "Socialist, Communist" all over the place especially on the Right. It hid the fact that in the United States of America we have Nazi Dictatorship going on right under our noses. What else would you call a system where one man can nullify the votes of all it's citizens and implement his own guidelines as law. "ONE MAN!!!!". I know that the people in Michigan did not see this coming but the sinister hand of the GOP did. It is another attempt to seize the voting rights of African Americans, since half the African American voters in Michigan ,(MSNBC) will be affected by this law. When you allow this to happen to one group of people, you have to ask the question, which group is next?

[mypov123]

02:55 PM on 12/06/2011

At least Rep. Conyers is standing up for Detroit.

[Tim Janssen]

02:40 PM on 12/06/2011

Why isn't this Conyers story being covered anywhere but at HP? F.....ing outrageous!!!

[Oakland]

05:36 AM on 12/05/2011

Gary Peters is a waste, which is why I'm supporting Durant for Oakland County. I hope you take Snyder down for the count. Instead of sucking up to Oakland Township, Peters could be helping you.

[MDean]

12:33 PM on 12/04/2011

Public act 4 went too far; but Detroit's elected officials and their school disctrict administration has been failing to work within their budget and improve the level of education provided to their students. The school district is miserably corrupt, and my tax dollars are being wasted. Regardless, you don't have to oust the inept elected officials, disolve governments, or break CBAs to get control of finances. Find the waste, eliminate the corruption, prosecute the criminals, and get back to the business of educating our youth.

[TedEjr]

12:51 PM on 12/03/2011

WWII Germany would love this law. Along with the former Soviet Union. Which appears to be still thriving, based upon Putin's recent announced desire. As well as Communist China. And Cuba.

Disregard the will of the people, and assert your own appointed governors.

What is next? Will this now apply to business? When a company files for bankruptcy, will the Governor's office come in and strip the owners, and appoint their own board?

When Trump files his sixth bankruptcy, will the Governor come in and strip Trump of his holdings . . . . .

Oops. Wait a second. This law might have unintended benefits.

Stifling a snarky snicker.

[miaontia]

10:06 AM on 12/03/2011

If Conyers could appoint his corrupt, criminaI, jaiIled wife as EFM he would be alright with it. I'm glad Granholm is gone, because she would appoint Kwame KiIpatrick.

[momgam]

08:29 AM on 12/03/2011

Does the city of Detroit have it's problems? Yes it does, but it also has some great things to offer. I live in the burbs of Detroit and I take my grandchildren to the Detroit Science Center, Cranbrook Institute of Arts, The Detroit Zoo, Red Wing Games, The Fox Theater, just pointing out that Detroit is not as bad as the media makes it out to be. Those of you who say Detroit is mismanaged, and needs to be taken over are not seeing the bigger picture.
And that bigger picture is, When I go to the voting booth and vote for my Mayor or district representative, and that person wins the election, that is who I expect shall be in that position. This is no longer the case. When the Governor decides that a city or school district is being mismanaged he has the authority to appoint anyone of his choosing to take over complete control. House bill 4214 was not enacted by the voters of Michigan. This was enacted by the Legislature and signed by the Governor.
I e-mailed my Governor and asked him why I should continue to waste my time voting. His response was propaganda from one of his TV commercials. No answer to my very serious question.
Well Governor, you can bet your patootie, that I will continue to vote, although you may not like the results.

[Lauralics]

08:48 AM on 12/03/2011

My family loves to head to Detroit for the Red Wings and the Tigers, and this year the Lions!!!! With that said though, the majority of people I know are disgusted with who the City of Detroit selects as their leaders. Kwame Kilpatrick was the straw that broke the camels back, and no one and I mean NO ONE respects Detroit voters and will "WELCOME" an Emergency Manager for you.

[momgam]

09:05 AM on 12/03/2011

Would you also "WELCOME" an Emergency Manager to take over our State?

[TheJibreelaMonsters]

03:24 PM on 12/04/2011

I've been thinking "Why Not Detroit" as I remind myself of so many things that the City Proper is missing and it just too much stuff

[twiittersweet]

05:40 AM on 12/03/2011

From my understanding the state owes the city $225 million from a loan and $155 in tax refunds. So why hold back the money, force the city to make cut backs, and just when the city is beginning to rebound from the recession, then decide to swope in and steal the rest under EM. Oh yeah, the Republican way.

[StellaDuBois]

08:35 AM on 12/03/2011

Sorry, but no. The state has poured so much $$$$ into the city it owes the city nothing more, no matter what the city claims. The city didn't even abide by the agreement that could have seen it receive the $220 million in revenue sharing it is now trying to demand from the state.

[Brad Bishop]

04:00 AM on 12/03/2011

There are two things that are not reported on a regular basis in the news that says a lot about the States leadership in financial matters.

The State of Michigan owes the City of Detroit $200 million from a revenue-sharing agreement that it has not paid and does not intend to pay. In addition, when the State took over the City's schools, they ran up a $200 million deficit and then gave it back.

Detroit has it's problems, lots of them but the State is the root of at least $400 million.

Detroit is not the only large city in the nation that has serious revenue problems. The City (the region for that matter) placed all of its eggs in the automotive manufacturing bowl and now that industry is gone and will never come back.

Rep. Hansen Clark has proposed a bill that would allow Detroit to keep the monies it gives to the feds to pay down debt and rebuild the city. Considering Michigan ranks near the bottom of states in terms of federal tax dollars returned for local projects and the unwillingness of the state to pay Detroit the $200 million it owes, I personally believe this is a great idea.

Hansen's proposal would not be a handout nor would the need of an Emergency Manager be needed. This proposal would allow Detroit to use it's own dollar to fix itself.

[luapmi2]

05:27 AM on 12/03/2011

Obviously it is a handout because you get all the federal services without paying for them.

Like the use of Metro Airport, expressway system, FBI, etc.

[Lauralics]

08:12 AM on 12/03/2011

The State of Michigan owes the City of Detroit $200 million from a revenue-sh­aring agreement that it has not paid and does not intend to pay.

-They were not paid from 2003 to 2007, under Democrat Jennifer Granholm and Democrat Kwame Kilpatrick was Mayor at that time as well.

[StellaDuBois]

08:37 AM on 12/03/2011

The city didn't abide by the agreement that would have allowed it to get that $220 million. To be eligible the city was supposed to cut its local income tax rate to a certain level - it never got there.

[Sean Whelan]

04:11 AM on 12/03/2011

Wow.

[corwin]

07:07 PM on 12/03/2011

sad,but true.But,sad.

[Ottis Reid]

12:26 AM on 12/03/2011

Some people are always crying about the waste of tax payers money ob public workers. Does a contract that was signed in good faith by two partys mean anything to people any more? Yes times are bad but you cannot just simply decide to not honor the contract any more. If you are going to do this then we should be able to just throw aside any other contracts people have. Hey, lets throw out all contracts for every one. And by the way, public employees pay taxes too so their money is contributing to their salaries as well as paying more to go towards health care and retirement so lets not get everything twisted.

[luapmi2]

03:50 AM on 12/03/2011

You mean like people walking out on mortgage contracts?

That door swings both ways, fool!

[Ottis Reid]

11:53 AM on 02/03/2012

luapmi2, First of all when i made my cooments above, as you can see i did not result to calling anyone names as i stated my opinion so i would hope that others would have the decency and respect to do the same. Second, anyone walking out on a mortgage as you say cannot just simply walk away unless the mortgage company consents which would be a give back or something called a deed and lieu. The mortgage company would be able to come after this person unless said person went through the court system by filing bankrutcy. The city has this same option to go through the court system to file bankruptcy and at said time the courts will determine whether said contract should be voided. I personally would still not be happy with that but that is our system we have had for a long time. Not some republican legislature who decides that they want to try to disband unions and the power that they have to affect politics across the country. Anyone who takes the time to look at this objectively knows this is whats going on. They are starting with public sector because that is the easiest to attack first otherwise they would have did it in the private sector a long time ago. We do not need someone declaring himself king and ruler and deciding he knows whats best better than the people who live in these areas, otherwise we would have a king .

[Tim Janssen]

11:10 PM on 12/02/2011

It's about time! Rick Snyder is a fascist, dictatorial snake and should be recalled ASAP!

[1bit]

11:44 PM on 12/02/2011

The recall effort failed miserably. HuffPost doesn't report it, but the preliminary review was initiated by the State Treasurer, Andy Dillon, who is a Democrat.

[jsmills]

03:03 AM on 12/03/2011

GFYS...

[dminore]

08:30 AM on 12/03/2011

600,000+ signatures is not failing "miserably". We needed 800,000. When the casinos came to Detroit, the voters said "No", for three elections, amid all of the propaganda, before they finally said "Yes". This isn't over -- by a long shot.

[phoenixbc]

09:36 PM on 12/02/2011

The "Emergency Manager" law in Michigan should not have been a surprise to anyone. This is how Snyder conducted his venture capital company, before he decided to go into politics. He asked for legislation that would enable him to dismantle cities, give away services to private companies, and use up available cash. The Michigan Republican Legislature gave it to him.

This is the same guy whose company drove out the CEO of Gateway, after the CEO turned around the company, and then Snyder, as "Interim CEO" offshored the Gateway manufacturing jobs to China and Taiwan. He endeared stupid, walking-comatose Michiganians with his "It's Time For A Nerd" campaign ads, leading them to believe that he had built Gateway, and they elected him. Now, many of those same people (yep, some of my friends) are asking "What happened?".

The law is unconstitutional. It allows the governor to remove all elected officials in a municipality, after the governor decides that the municipality is in financial distress. It goes to the heart of our right to elect our leaders, and, in most cases, the ones we recently elected were not the ones who f#cked up the budgets.

You'd think that the GOP, who relentlessly hammered us on letting states and cities decide how to spend our federal tax dollars, rather than the federal government, would find this abhorrent. Instead, they are the ones who passed the law.

[1bit]

11:47 PM on 12/02/2011

GOP duplicity aside, the courts will decide the whether the law is constitutional or not. There is nothing in the Federal of Michigan State constitution which states that local officials cannot be removed. The only question will be if the EFM can void contracts made between those local officials and third parties.

[nopicketfence]

10:41 AM on 12/03/2011

If there is such a vulnerability to democracy in the constitution then it needs to be remedied. Elected officials should go only by way of the people's voice and vote. So if this is the case, which I am not refuting because I cannot, this should not be the end of the matter but, instead, this reality should mark the beginning of setting things right.

Elected official should be accountable directly to the people. If that calls for monthly 'state of the city/state' accountability reports that demand the participation of the people as well, then so be it. But this, no!

Uprooting democracy to install EFMs is no more than an attempt to obscure what would otherwise be the outright push to privatization of public goods and the reduction of public life to a matter of economics. And this while stepping over growing numbers who are homeless, hungry and without medical care. This should not be tolerated by anyone who holds democracy above capitalism.

Big business and 'daddy/nerd knows best' government is, at best, a dinosaur on its last legs. We need worker-owned businesses and other cooperatives. (We'd be in a far better place had the auto industry been built on a relationship between a collective of 'inventors' and worker-owned production companies.) We need local food security, banking, alternative energies, and so much more.

Let's flip the script on what is happening in Michigan, now, and elevate ethics and purpose as a people.

[phoenixbc]

02:10 PM on 12/03/2011

I agree with nopicketfence.

I will add only that neither the U.S. Constitution nor the Michigan Constitution provides the power to undo an election result. Under Constitutional Law, our rights as Americans come from the U.S. Constitution. As for those powers that the drafters of the Constitution reserved to the states, the states each create their own constitutions, which simliarly state what powers are provided and to whom.

If the Michigan Constitution does not empower the Governor or the Legislature with the power to remove an elected official, then the official should not be removed. If they don't have the power under the Michigan Constitution, then they can't create it by enacting a statute. They would have to adopt a constitutional amendment, and there is a process for that in the Michigan Constitution.

[John F Murdick]

11:57 PM on 12/02/2011

Not sure if you're from Michigan.. can't tell from your post although you write that you have "Michigan friends..." I do however agree with your assessment of how Snyder came to be elected. I remember his ads saying "I'm the only candidate who has created jobs" in his nerdy soft and safe sounding voice. Pure evil... I AM a resident of Michigan and I find it amazing that so many fools are so easily duped by these wolves in sheeps clothing... and now are all outraged and screaming for justice...

[phoenixbc]

02:00 PM on 12/03/2011

Born and raised in Michigan, John. Like you, I was amazed at how many unquestioningly followed what this guy said. His Wikipedia entries were scrubbed every other day to get rid of information about his questionable past. They made false statements about his "job creation" at Gateway, which were backed up by links to his on-line press releases (a no-no at Wikipedia). Every time someone added verifiable facts about his off-shoring or about the original CEO being the one who turned around the company, it was changed the next day. There was a lock on the entries during a previous campaign, because his supporters abused and manipulated the entries.

He's a bad guy, and a liar, to boot. Unfortunately, our apathetic voters complain now about what he's doing, but they won't sign enough petitions on his recall. This is why Michigan is in such bad shape.

[sandals]

07:56 PM on 12/02/2011

Snyder along with the rest of the GOP Governor's have all been finding ways to attack the working people across the country.
Not any of these Republican Governors or the Republican Congress have done anything to help create JOBS that they ran on last election, how about those JOBS the tax cuts were suppose to create.

[tuliehowller]

12:39 AM on 12/03/2011

"They" (the GOP) have an agenda and it hasn't got ANYTHING to do with helping YOU in ANY way.