Using New Emergency Financial Manager Law, They Start Dissolving Governments in Michigan

[iwishiwas]

IT seems to me that that there has to be a better way to fix things other than to have someone appointed to take over.


http://emptywheel.firedoglake.com/2011/04/16/under-new-emergency-financial-manager-law-they-start-dissolving-governments-in-michigan/


Using New Emergency Financial Manager Law, They Start Dissolving Governments in Michigan
By: emptywheel Saturday April 16, 2011 7:10 am

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In what is likely to be just the first of several dissolutions of democratically elected city governments and school boards in Michigan, the Emergency Financial Manager of Benton Harbor, Joseph Harris, just took away all authority from the city’s elected government.

I, Joseph L. Harris, the duly appointed Emergency Manager for the City of Benton Harbor, Michigan (the “City”), pursuant to the power and authority granted by Act 4 of the Public Acts of Michigan of 2011, being MCL 141.1501 et seq (the “Act”), do hereby resolve and order as follows:

WHEREAS, Section 19(ee) provides that the Emergency Manager may exercise any power or authority of any office, employee, department, board, commission or similar entity of the City, whether elected or appointed;

WHEREAS, the power of the Emergency Manager as set forth in Section 19(ee) of the Act is superior to and supersedes any such officer or entity; and.................

[Old Codger]

1. Bye Bye

Constitution

[murielm99]

8. This is like the Weimar Constitution in Germany

between the wars. One of the flaws in that Constitution was the inclusion of broad emergency powers. Hitler never revoked that Constitution. He just took over under the emergency powers.

We need help here. Walker wants to do the same thing in Wisconsin.

[OregonBlue]

13. This town is 92% black so they sent in their massa to fix it.

[roguevalley]

18. well, get out the guns then. this law has to be unconstitutional.

I would shoot someone who did that to my town.

[Poll_Blind]

2. I've been loosely following this building for a few weeks but honestly didn't believe it.

This is bad. Of course, anyone with two braincells to rub together would get that. Damn.

Automatic autocrat. Who signed up for this and when did they think it was a good idea?

PB

[Vinnie From Indy]

3. They are going to run American cities like they ran Iraq

after the war.

I simply do not see how this can stand. These local governments elect leaders that live and work in the cities and towns they represent. These "managers" do not live in the communities they will be governing and probably could care less about the streets, schools, parks and libraries.

This idea that local people can longer elect their own leaders is surreal and seems to fly in the face of this country's founding on the most basic level.

No taxation without representation ring a bell?

[grasswire]

4. someone better stop this, some way, somehow.

Insanity.

[iwishiwas]

7. There are rumors that Walker and his poodles in WI are drawing

up plans like this. Rumors as far as I know but this stuff is beyond scary.

[walldude]

5. It's shit like this that gives fuel to the

crazy militia fucks.

[Angry Dragon]

6. I wonder if he figures he is a god or dictator??

As long as he is not elected he should be held personally responsible if things do not work out

Jail time, fines,

And file lawsuits

[EC]

9. I still don't understand how democratically elected

officials can be fired and governments dissolved. Why is there recall laws etc. if they can just be fired? IMO it seems like taking over a government by coup.

[inademv]

10. That's exactly what it is

I would be very surprised and disappointed if this law doesn't get stricken down in the courts.

[MedleyMisty]

11. Is it even being challenged in the courts?

And if so, are those courts full of fascist "activist" judges?

[inademv]

14. I've not heard anything about a court challenge

but I refuse to believe that it won't find challenge at some point before their fascist governor tries to implement it.

[erinlough]

19. Yes and yes.

The unions and the Michigan ACLU are filing, and yes the court is fascist. This will not stop though, It can not. One person, one vote.....unless your town is broke, then your vote doesn't count.

[Old and In the Way]

12. Would he now be known as Viceroy Joe Harris?

Appointed by Duke Kasich, the Royal Governor of Michigan? It's going to be fun to watch Republican governance in action. I imagine outlawing the Democratic Party will be next on the agenda.

[Old and In the Way]

15. So, the lesson here is - cut taxes and starve the local budgets

then call an emergency and take over the government. Nice. I guess only the very wealthiest communities will be able to afford that democracy thing now.

[KittyWampus]

17. This gives those unhappy with elected local govts incentive to MAKE financial emergencies happen

specifically so that those elected local govts can be dissolved.

[erinlough]

20. Ah, but that is not all

In the EMF bill, the manager and the state can take over any and all public land and holdings the town or city has. So even wealthy cities better watch out. A nice lake shore? We want it, we can get it. A port that "needs" privatizing? No problem they can take it. This is a land grab, nothing more or less. This is a corporatist's wet dream. I believe this is also against our constitution.

[KittyWampus]

16. This seems terribly important.