Detroit's pension boards sue over emergency manager law

[Bozita]

Source: Detroit News

Last Updated: April 18. 2011 5:32PM
Detroit's pension boards sue over emergency manager law
Robert Snell / The Detroit News

Detroit— The city's two pension funds sued Gov. Rick Snyder and state Treasurer Andy Dillon in federal court today to block part of a new emergency manager statute.

The suit alleges the emergency manager statute is unconstitutional, would modify the City Charter and collective bargaining agreements and allow for the removal of pension fund trustees. The suit also claims the law could potentially allow for the funds to be dissolved and have the assets transferred to another retirement system.

The lawsuit comes weeks after Snyder signed into law a statute that gives greater powers to those appointed by the Treasury Department to take over financially distressed cities and school districts.

The law "represents an imminent threat to the constitutional rights of plaintiffs and other members of the Detroit Retirement Systems," the funds' lawyer Ronald A. King wrote in the lawsuit.

Read more: http://detnews.com/article/20110418/METRO/104180410/Detroit’s-pension-boards-sue-over-emergency-manager-law#ixzz1JuhpftWN

[murielm99]

1. Kick.

:kick:

[plumbob]

2. I was wondering when this was going to court. Is there any way in

hell that a simple statute can nullify duly elected officials and their responsibilities and powers?

[Iliyah]

3. I would think it's against

the state law to do that even if the governor thinks he has the power b/c his minons I mean legislative body are power hungry and passed a gawd awful unconstitutional law. How in the hell can the governor fire duly elected officals that the PEOPLE of MI voted for. That is total bullshit. If thats the case, the the PEOPLE OF MI should fire the governor and his legislative body and replace with them with people who abide by the constitution.

[Sirveri]

11. It's worse than that since the federal government can get involved as well.

States are required to have a republican form of government, so they can't really go the whole fascist dictator route without the fed stepping in and stomping on them.

[iwishiwas]

4. GREAT.

[Imajika]

5. Suit was filed in Federal court?

Sounds like a long shot to me. From the lack of suits in Michigan state court, I am guessing this must pass state constitutional muster?

Also, if Detroit defaults as Mayor Bing says will happen if the budget isn't brought under control immediately, won't the state just take over and void union contracts anyway?

As outrageous as this "emergency manager law" seems to be, I was surprised to read that Detroit's Democratic mayor doesn't seem very opposed to it. In fact, from what I've seen he seems downright supportive of what Robert Bobb is doing.

[angstlessk]

6. If Bing is a Democrat I am a black man! n/t

[Imajika]

8. Like it or not, Mayor Bing is a Democat...

...and he doesn't seem to have much problem at all with what emergency manager Robert Bobb is doing. The fact that this suit is being filed in Federal Court tells me the plaintiff's don't believe they can win in State court - and Federal Courts are not likely to interfere in this state issue.

[angstlessk]

9. He can CALL himself a Democrat..and I can CALL myself a black man..makes neither statement true!

[Blacksheep214]

7. If a state can take over a municipality

Then the federal government should be able to foreclose on a state!

Hey Michigan! Does your batcrap crazy governor want that?

Then the President can fire Snyder and his minions!

[jwirr]

10. This is crazy. Progressives are talking about rebuilding our local

economies back up in a more sustainable way and now the rethugs can just close your elected leaders down if they do not like it. I hope when this gets to the courts we win. If we do not then all the plans for a new economy is done.

[MaeScott]

12. Corporate takeovers generally go after the big pots of money first.

Then Lay off the ones that could say anything about it.

The kochbagging governors are after the pension funds in the states.
Bait and switch....snatch and grab.

Sad.

Fight back, people. It is ten till midnight and when the midnight hour cones, it's all over.

[MaeScott]

13. Corporate takeovers generally go after the big pots of money first.

Then Lay off the ones that could say anything about it.

The kochbagging governors are after the pension funds in the states.
Bait and switch....snatch and grab.

Sad.

Fight back, people. It is ten till midnight and when the midnight hour cones, it's all over.