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State Proposal Asks Voters if Emergency Manager Law Should be Approved

Proposal 1, which appears on the Nov. 6 ballot, will ask voters to approve the Emergency Manager Law.

 

Voters will decide whether to allow the approval of the Emergency Manager Law in Michigan Nov. 6, when a state ballot proposal will ask for a referendum on Public Act 4 of 2011.

The state Board of Canvassers placed the issue repealing the Emergency Manager Law on the Nov. 6 ballot, because it was directed to do so by the Michigan Supreme Court, according to the Citizens Research Council of Michigan. The law has been suspended since Aug. 8.

The following language for proposal 12-1 will appear on the Nov. 6 ballot:

This proposal would:

  • Establish criteria to assess the financial condition of local government units, including school districts.
  • Authorize the governor to appoint an emergency manager (EM) upon state finding of a financial emergency, and allow the EM to act in place of local government officials.
  • Require the EM to develop financial and operating plans, which may include modification or termination of contracts, reorganization of government, and determination of expenditures, services, and use of assets until the emergency is resolved.
  • Alternatively, authorize state-appointed review team to enter into a local government approved consent decree. 

Should this proposal be approved?

If you vote:

Yes – Should a majority of electors vote “Yes” on the referendum, the law will be reinstated. The law will allow state officials to identify and take action on financial crises in local governments and schools. Such actions may prevent those local institutions from going bankrupt and in turn prevent taxpayers from more burden.

No – Should a majority of electors vote “No,” the law will be repealed. Voting "No" would not allow emergency managers to modify or terminate contracts with public employee unions. Also, it could end the right of the state to appoint emergency managers, which will return full authority to locally elected officials. 

  • How will you vote on Proposal 1?

    (Voting has been closed for this question)
    • Yes
        55 (61%)
    • No
        34 (38%)
    Total votes: 89
  • Your vote will only count once. This is not a scientific poll. View Results Vote!
Related Topics: 2012 elections, Emergency Manager Law, Proposal 1, State Ballot Proposals, and participate 2012
Take our poll and tell us why you would vote "Yes" or "No." Tell us in the comments.

kidcat24

3:27 pm on Monday, October 15, 2012

Emergency Managers make your democracy vote null and void.

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Publius Valerius 48304

3:49 pm on Monday, October 15, 2012

kidcat24- when a city essentially becomes insolvent, who steps in to save the city from itself?

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R. EALLY

3:52 pm on Monday, October 15, 2012

The law saves people that live in cities run by people that have heads that are null and void of common sense

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walden schmidt

4:32 pm on Monday, October 15, 2012

kidcat24 - A a bankruptcy judge doesn't? In the end they both do essentially the same thing, the difference is that a bankruptcy can discharge debt.

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Moe

5:31 pm on Monday, October 15, 2012

No EMs preserve the democracy. We elect our governor and legislators and although Mayors don't like it, Cities and School Districts are politcal subdivisions of the state. If a city or school district goes bankrupt the state is responsible for paying the bills

doug

3:46 pm on Monday, October 15, 2012

The critical thing to consider....is the alternative. Without the EFM law, the only recourse for a failing city is bankruptcy. Wouldn't you rather have a local resource, appointed by the Michigan Govenor (like him or not) over a court appointed bankruptcy judge?

They care alot more about the community than any bankruotcy judge, who's primary role is to protect the creditors. This is a classic case of...be careful what you ask for...

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Johnny Q.

10:00 pm on Monday, October 15, 2012

There's no evidence of that. What communities that have EFM appointed to them have been successful afterwards?

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Haulin T Male

1:40 pm on Tuesday, October 16, 2012

Not one city has seen any thing positive after the appoint. the positive is for the E Manager, yep, at 250 K per.

I say let the city go under, the american way, it was political why the are going under to start with, so let them go, they can then merge pc's with surrounding Communities.

Thomas

4:14 pm on Monday, October 15, 2012

Let an apolitical Federal Bankruptcy judge decide.

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doug

4:59 pm on Monday, October 15, 2012

Thomas: I will merely suggest you go read what happens when a judge takes over....

http://www.standardandpoors.com/spf/upload/Events_US/US_PF_Event_MunicipalArticle2.pdf

If that situation sounds better than an EFM, then vote against it....I doubt many would if they were to learn what that alternative is really all about. These cities (Detroit, Pontiac, ...) will go bankrupt without an EFM or something like it. That is simply a math projection, not an opinion.

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George McGrath

11:00 am on Tuesday, October 16, 2012

To those questioning if this EFM works, look at Benton Harbor. In bankruptcy for TEN years and in two years the EFM got them in the black. So, it works. And it is true that bankruptcy takes away the rights of everyone too, except the creditors who have the most clout. And bankruptcy takes FOREVER. Again, look at Benton Harbor.

Boiling

4:29 pm on Monday, October 15, 2012

Although I am voting “NO” because the EM law, as it stands, is poorly crafted and is a blatant power and money grab; readers should know that a Village, City, or Township are "Charters", or more like a "Franchise" than a Constitutional Right. These charters are prescribed at the State level, not the Federal level, which in fact gives the States total control, like it or not. Although looking at the surface makes one believe that local government is a democratic process, which it is if everyone does the right thing, but step outside the States guidelines (the State authorizes the Franchise) and they have the right to come in a straighten things out. Buy a McDonalds Franchise and don’t follow the rules and see what happens. We can scream and cry democracy, racism, and fairness, but the bottom line is the State holds all of the chips. We need to craft a fair law that mandates transparent financial reporting, and mandatory criminal consequences for Elected Officials who are caught acting wrong, and design the law so that the State errors on side of the constituents and employees who protect/care for the community! So if you want fairness, Vote No, then demand fairness; maybe it is in a Bankruptcy Judge instead of a Political Crony/Puppet.

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George McGrath

11:03 am on Tuesday, October 16, 2012

Sorry, look at Congress. We have crafted hundreds of laws to keep them honest and they still find ways to enrich themselves. I am all for the EFM because it's the best we have right now. If you want to reform the system, do it and then repeal EFM. Cancel EFM and you have nothing but endless bankruptcy.

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Kristin Polk

6:16 am on Tuesday, November 6, 2012

Well said. We should let the PEOPLE have a voice in what happens with their government. If the elected officials are not representing the people the way they should, then we should have laws to hold them accountable. To throw away our democratic principles so easily is unAmerican.

Daryl Patrishkoff

4:45 pm on Monday, October 15, 2012

Emergency Managers come in because the politicians have failed and promised things they cannot afford so they can get elected. Dramatic change has to happen to fix the situation and put the community on the right path that is fiscally responsibility that is sustainable.

The only special interest groups that are outraged by this emergency action are the unions and politicians who want to spend money they do not have and cannot afford. They need to learn to live within their means like we do in our personal and business finances.

The private sector has seen major cuts and is on the edge with their personal finances and property values. The public sector wants more tax dollars to spend and refuses to make the changes to compensation of the union employees; in fact in many cases they have seen raises in these difficult economic times.

Shared sacrifice amongst the private and public sectors is long overdue. I have been told by public sector officials that they trail the private sector by 1 to 2 years. The private sector has seen many changes since 2008; we are still waiting for the public sector to have a similar sacrifice like the people who pay for their salaries and benefits.

Rochester Hills; they tricked the voters into passing a 2.5 mil rate increase by promising not to use it. RCS, they are spending the reserve fund to sustain the existing budget without real cuts to all employees. OPC, they are adding raises and unsustainable costs.

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Johnny Q.

10:02 pm on Monday, October 15, 2012

Rubbish Daryl. The claim that public sector employees haven't sacrificed on pay and benefits isn't matched by the facts.

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DJG

7:02 am on Tuesday, October 16, 2012

I agree Daryl. If Prop 1 does not pass, we'll see how fast people start screaming when a bankruptcy judge gives them no chance and just signs off on them.
The EM is the last step before a Judge looks at a piece of paper, as a number, and sheds the debt....without any regards to the person/company holding that debt.
Just like failed politicians already have.

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George McGrath

11:05 am on Tuesday, October 16, 2012

MOST public sector employees have not made cuts. Look how teachers are screaming they have to pay 20% of their health care. That happened 20 years ago in Oakland County and in private business. Oakland County has done it right; almost no one else has.....and it's the fault of unions AND elected officials.

Easydude

5:54 pm on Monday, October 15, 2012

Everyone needs to understand, in the next few years more cuts will be made to cities across the state. Cities will fall and EM will take the place of government elected officials. Engler, Granhom and Synder have not paid into a number of state employee pension plays. Now, Pension are being used as a tool to convice others that cities are spending on pensions. We are letting our government take control. What is the difference between Middle Eastern government and Michigan, Ohio and Wisconsin nothing? Lets start with voting NO!

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Denise Nash

1:02 pm on Tuesday, October 16, 2012

Easydude - NO NO NO a Thousand times NO. So easy to get mixed up on these yes or no votes. I am actually in favor of EMs in principle - but when they make $200k a year and have the power to actually Fire elected officials, that goes over the top for me. It's anti-constitution and anti-American.

Richard Happening

7:24 pm on Monday, October 15, 2012

Aren't Michigan, Ohio and Wisconsin considered part of the Midwest, not the Mid(dle) East?

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Edward Smith

7:52 pm on Monday, October 15, 2012

I'm voting yes. There is no alternative.

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Ferndale_1986

8:58 pm on Monday, October 15, 2012

YES ON PROPOSAL 1.
NO ON ALL THE REST.
IT'S THE ONLY INTELLIGENT WAY TO VOTE.

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kidcat24

11:06 pm on Monday, October 15, 2012

The alternative is to attend town hall meetings. Get the print out of where the money is going. Hold the elected officials accountable.

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FHVoice

2:39 am on Tuesday, October 16, 2012

Yes on Proposals 2, 3, & 4. No on the rest.

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Boiling

8:35 am on Tuesday, October 16, 2012

This is why I’m voting no; pay particular attention to the word “distress” and the first two points:
The Emergency Manager Law allows the governor to declare a local government or school district in financial “distress” (read the law and see for yourself the many variables that allow for this law to take affect) and appoint an emergency manager, who is appointed with no salary cap or required experience/education to take control. Emergency managers are unelected bureaucrats are unaccountable to local taxpayers and have unchecked, unprecedented power. Under this law, they can: seize and sell assets owned by the city, such as buildings or parks, without the approval of voters or local elected officials: add to local debt, by putting property tax hikes on the ballot with confusing wording that hides the real cost of the tax hike: outsource to private and out of state companies with no requirement for competitive bidding: lay off thousands of public employees including teachers, police and firefighters: fire elected officials, and: dissolve or merge whole cities, counties and school districts with no requirement for hearings. So, if your elected officials aggravate the Governor, he can trump up the law and appoint an EM who can dissolve your community/investment, with no input from the tax payers. This is a bad law!

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Denise Nash

1:04 pm on Tuesday, October 16, 2012

Well said, Boiling. Agree 100%!

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John McKay

1:59 pm on Tuesday, October 16, 2012

R. EALLY,

I had to delete your comment because the language violated our terms of service. But you're free to re-submit it using more family friendly language.

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Debra Pope

9:08 am on Thursday, October 18, 2012

I am voting NO, the law as written is bad, and leave the constitution alone.

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Steven S

9:15 am on Thursday, October 18, 2012

I'm voting no because I generally dislike expansion of government powers, but I can see the arguments on both sides of the issue.

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Wes Turly

11:24 am on Monday, November 5, 2012

Maybe we should add a third voter choice to proposals, such as, NO--needs reformation and/or clarification. A way to inform drafters that the idea is liked but needs to be more, Transparent.....

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Laura Jones

1:34 pm on Monday, November 5, 2012

Option 3 is actually to have the State de-certify a city. Then they came make of it what they will. In a place as large as Detroit with as many problems, that may be a good idea.

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Haulin T Male

3:02 pm on Monday, November 5, 2012

L J , I agre4e let the city go under, none of this political stuff, bankrupt it, even let neighboring cities , annex parts touching ...........

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Burton Knows

3:43 pm on Monday, November 5, 2012

I'm voting NO on all the constitution ballot proposals. I just don't believe that any of these issues require placement in the MI Constitution. These are issues best resolve by the state legislatures--whom we all vote for.

I believe that voters must become of aware of the candidates that they "pull the lever" for. Too much of this is done by party affiliation, interest group pressure, unions, etc., and others who serve as proxies for the lazy citizens that don't want to spend the time to see what their elected representatives are doing, or what a candidate proposes to do. In the end, it's not whether a person has a well known name, was a TV newscaster, or sang in a band that makes him/her a good candidate. It's up to citizens to become engaged in the electoral process and support candidates that know how to "reach across the aisle" and find the middle ground if Michigan is going to move forward.

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Laura Vogel

3:51 pm on Monday, November 5, 2012

I believe a "no" vote overturns the Emergency Manager law. So unlike a typical "no", voting "no" in this instance does not leave the status quo in place.

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Laura Jones

4:17 pm on Monday, November 5, 2012

This is NOT a Constitutional Amendment! The remaining proposals are, but this is simply our agreeing with (YES) or disagreeing with (NO) the emergency manager law.

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Laura Jones

4:17 pm on Monday, November 5, 2012

@Laura Vogel - NO overturns the law.

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