DETROIT -- Michigan Gov. Rick Snyder has agreed to be grilled by union lawyers about his decision to let Detroit file for bankruptcy protection, state attorneys said Tuesday.
Attorneys for Snyder and other state officials had been resisting a deposition, based on executive privilege, but told U.S. Bankruptcy Judge Steven Rhodes during a court hearing tht they had changed course.
Unions opposed to the bankruptcy said Snyder's sworn testimony is important as they argue that Detroit isn't eligible for Chapter 9, a bankruptcy process that could let the city shed billions in long-term debt. Rhodes has scheduled an eligibility trial for Oct. 23.
Snyder's closed-door deposition will be limited to three hours. No date was immediately set.
"We want to understand the motivations for filing and the timing of the filing," said Sharon Levine, attorney for the American Federation of State, County & Municipal Employees, which represents workers at Detroit City Hall.
Detroit emergency manager Kevyn Orr took the city into bankruptcy on July 18 with the governor's required blessing. Long-term debt totals $18 billion or more in a city that has lost at least 25 percent of its population since 2000.
Rhodes criticized the attorney general's office for shifting the reasons to avoid a deposition late last week.
"The city is struggling under incomprehensible financial burden," the judge said. "In an attempt to create a viable, if not thriving future for itself, it needs to do that with all deliberate speed."
Could Detroit Come Back After Bankruptcy?
We combed through Detroit Emergency Manager Kevyn Orr's 150-page-plus restructuring plan he released to the public in June 2013, weeks before the city's bankruptcy filing, after meeting with bondholders. Orr met with those creditors to negotiate Detroit's structural long-term debt, now said to total over $18 billion. Along with finances, the plan proposes 10 years' worth of improvements, priorities and changes that will affect residents, businesses, neighborhoods and visitors. Click through the slideshow to read our analysis of how Detroit could change after bankruptcy. You can see the nitty-gritty details for yourself by <a href="http://www.huffingtonpost.com/2013/06/14/detroit-restructuring-plan-bankruptcy-kevyn-orr_n_3442263.html?utm_hp_ref=detroit" target="_blank">reading the full report here</a>.
Mayor Dave Bing launched a program in April 2010 with the goal of demolishing 10,000 vacant structures by the end of his term. Over 5,000 of those abandoned buildings have been torn down, with the remainder scheduled to go by the end of 2013. But there was never enough money to fully rid Detroit of its blighted buildings. Orr's report says a funding gap of $40 million exists before Bing's goal can be completed. And while 10,000 demolitions is an insanely high number, Orr's report says that only covers 13 percent of the city's vacant buildings, and 26 percent of those that have been deemed dangerous.
Orr's restructuring plan presents a number of ways the city can speed up blight removal. One tactic involves coordinating and simplifying the myriad local, regional and national agencies and statutes that regulate demolitions. Another priority is moving blighted land through the demolition process faster, in order to return those properties to private ownership (Pages 72 and 73). Police and fire departments will integrate their data so demolitions can be targeted to reduce crime and arson. Orr's budget calls for $50 million annually in 2014 and 2015 to battle blight, to be increased to $100 million each year for 2016 through 2018. Some of that money will have to be raised through grants and public-private partnerships.
According to the city's preliminary analysis, Detroit hasn't kept up on its obligations to beneficiaries of the General Retirement System and Detroit's Police & Fire Retirement System. By how much? A staggering $3.5 billion, says Orr, who writes, "At this level of underfunding, the City would have to contribute approximately $200 million to $350 million annually to fully fund currently accrued, vested benefits. Such contributions will not be made under the plan."
Retiree Health Benefits
Under Orr's plan, pension funds would receive a proportional (pro rata) share of $2 billion in notes that the city would issue. But since that share of $2 billion won't equal the total amount of unfunded pension costs, the report notes, pensioners should expect "significant cuts in accrued, vested pension amounts for both active and currently retired persons." According to the Detroit Free Press, retiree health benefits will likely be<a href="http://www.freep.com/article/20130614/NEWS01/306140084" target="_blank"> transferred to modified medical benefit plans</a> that will come into effect with the Affordable Care Act. Those over the age of 65 would be transitioned to Medicare.
Hiring a new police chief was the first task on Kevyn Orr's Detroit Police checklist, but it's not the only change he recommends. Orr envisions using a data-driven approach to restructure DPD from top-to-bottom. Another priority is improving officer morale and giving the force the tools they need to do their jobs: bulletproof vests, tasers, vehicles and functional IT. He's also a fan of the "Broken Windows" policing theory piloted last year in the city's Rosedale Park neighborhood. In total, Orr plans to spend $26 million more on DPD in 2014, with an additional $66 million investment over the next four years.
It should come as no surprise to readers that Detroit is bonded to the hilt. Creditors may take a <em>huge</em> hit on payments from the city, reportedly as little as 10 cents on the dollar. Orr has stopped paying some debts entirely, and his plan calls for reinvesting that money into city services after bankruptcy.
Detroit Fire Department
Aging fleets of fire engines and facilities to maintain them threaten the impact of the Detroit Fire Department, which responds to around 30,000 calls every year. The restructuring plan calls for at least $6 million in additional investment over the next five years, with an $18.4 million facility investment in 2017. But the restructuring plan doesn't talk about hiring any more fire investigators -- as of Dec. 2012, the <a href="http://www.myfoxdetroit.com/story/20388988/detroit-only-has-12-arson-investigators-for-5000-fires-annually" target="_blank">department only had 12 on staff</a> to investigate more than 5,000 suspicious fires set in the city's neighborhoods every year.
The restructuring plan mentions that DDOT, Detroit's underfunded bus system, could eventually be merged with a private company or SMART, the suburban public transportation system. There's also talk of bringing DDOT under the control of the new <a href="http://www.huffingtonpost.com/2013/07/12/rta-detroit_n_3586137.html" target="_blank">regional transit authority</a>. A consultant is apparently studying long-term solutions, including outsourcing (Pages 74 and 75). While it could make more sense long-term to have all of the region's transit under one umbrella, the RTA is too new to make that determination and doesn't yet have funding. In the event of a merger, gains in savings and efficiency may be balanced with layoffs.
Managing and maintaining the 982-acre Belle Isle Park costs the city of Detroit some $6 million annually. Orr's verdict on Belle Isle comes as no surprise: He says the city "intends to enter into lease transaction with State on generally the same terms as the State’s prior proposal," though no timetable is given (Page 87). That means "Detroit's crown jewel" is slated to become a state park managed by the Michigan Department of Natural Resources. Under the <a href="http://www.huffingtonpost.com/2013/01/29/belle-isle-state-park-plan-dead_n_2575256.html" target="_blank">previous 30-year lease proposal</a>, pedestrians and bikers would still be able to access the park for free. Motor vehicles would have to pay an annual $11 Recreation Passport fee to the MDNR, good for accessing any state park.
36th District Court
Orr proposes possibly transitioning to "paperless" transactions at the 36th District Court (Page 73). Welcome to the 21st century, guys!
Residents Who Work Outside The City
Orr's report proposes levying an income tax for reverse commuters -- those who live in Detroit but work outside the city (Page 81). The City loses approximately $30 to $45 million of income tax revenue every year, claimed to be 15 to 20 percent of the total tax collected, from reverse commuter non-filers. Expect new legislation to tax these residents.