It also opens the ability for Emergency Managers currently placed at Benton Harbor, Detroit Public Schools, Ecorse, Flint, Highland Park Public Schools, Muskegon Heights Public Schools and Pontiac to have their legal power suspended since the law by which they function has been placed to a vote of the people.
This action was part of a two step ruling made by Appellate Judges Kirsten Frank Kelly, Michael Riordan and Kurtis Wilder on Friday June 8. The first part of the ruling delivered followed a preceding ruling from 2002 that ballot petitions need only achieve substantial compliance, instead of following a strict format. Calling attention to a font size is a distraction rather than the foundation of why the petitions was created. Over 225,000 voters signed petitions. The will of the people in doing so demands justice, not a mockery of intent. It also calls for the Court of Appeals and Board of Canvassers to bring the order into process, suspending the power of Emergency Managers across the state until the vote of the public is known.
When a new petition is brought before the Board of Canvassers for approval, that is the time to check the format if in fact that is to be brought as a point of contention. Reproducing petitions in a manner that conforms with requirements matters, and was complied with. How petitions are presented to the public and having full details available is important as well, these were satisfied.
The next step for Detroit will be to understand how these changes regarding Public Act 4 will affect the Financial Stability Agreement, as that is one of the foundations in forming the contract between the city and state. If the underlying law is now in question as to its legality, will that imply the contract is affected.
No comments:
Post a Comment