A Project by the State and Local Government Leadership Center, George Mason University Department of Public and International Affairs
Thursday, December 6, 2012
Wolverine Blues
Meanwhile Michigan Governor Rick Snyder and key
members of the legislature intend to introduce legislation today under which financially
distressed Michigan cities and school districts could choose between mediation
with creditors, bankruptcy or a state-appointed emergency manager—legislation
intended to replace last year’s local fiscal distress law (Public Act 4) repealed
by Michigan voters last month. Five cities and three school districts in
Michigan currently operate with emergency managers under a prior 1990 law,
which would be replaced by the new measure. Gov. Snyder fears the repeal of
Public Act 4 left the state without enough ability to rescue cities and schools
(and the federal government…) from insolvency. The new financial rescue
proposal would retain the state’s power to declare financial emergencies in
cities and school districts, but would also give local governments the options
to reach a consent agreement with the state, similar to one Detroit has: mediation,
an emergency manager, or a Chapter 9 federal bankruptcy filing. Under current Michigan
law, the state must approve a bankruptcy request. The proposed new law would
tie a Chapter 9 filing to a full state review of city or school district
finances. While the new bill would reinstate broad powers for emergency managers,
local officials would have authority to approve certain decisions made by the
managers, or develop alternate solutions that produce equal savings. The
proposal would also permit local officials to ask the governor to remove
emergency managers after a year, or dismiss them with a two-thirds vote of the
governing body, such as a city council.
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