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Governor Snyder Requests the Michigan Supreme Court to Review Emergency Manager Law

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Friday, 19 August 2011 19:36

Governor Rick Snyder has requested the Michigan Supreme Court to hear a case that challenges the validity of Public Act (PA) 4 of 2011, called the Local Government and School District Fiscal Accountability Act.  The law permits the Governor's office to appoint an emergency manager to run a county, city, village, township, or a school district that is in financial stress.  In June of 2011, the Sugar Law Center for Economic & Social Injustice (Sugar Law), representing 28 citizens statewide, filed a complaint in Ingham County Circuit Court to challenge the validity of the law.  Under the law, emergency managers have a broad range of powers to take over the entire operations of a local unit of government or school district.  Included in those powers is the ability to amend employee bargaining group contracts or, if necessary, eliminate an entire department, such as when Pontiac's Police Department was recently eliminated by Pontiac's emergency manager.  Governor Snyder is requesting to have the Supreme Court here the Sugar Law case so this matter isn't held up by appeals, claiming that time is of the essence to ensure the financial stability of communities in financial stress.  Sugar Law called Governor Snyder's request "troubling."  Tim Martin, Snyder Wants Fast Review of Emergency Manager Law, Lansing State Journal, August 19, 2011.  Michigan Court Rule 7.305(A)(1) permits the Governor to request the Supreme Court to hear this matter, even though the Ingham County Circuit Court has not yet heard this case, since this matter may have a controlling question of public law, and the question is of such public moment as to require an early determination.  No decision has been made on whether the Supreme Court will take up the issue.

 

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