Bankruptcy Firmly Under State Control

Thursday June 18, 2013 Emergency Manager Kevyn Orr pushed through an Executive Order requesting Governor Rick Snyder to approve Detroit entering into municipal bankruptcy. The bankruptcy question has been looming for a while, but the State of Michigan wouldn't allow it to happen. Now the city is on the chart of Bankrupt Cities, Municipalities List found on the governing.com website. The State wouldn't allow Hamtramck to enter bankruptcy in 2000 or 2010. Could the intent of law simply not have been ready then? The quickening pace of churning laws has become dizzying for many. Step by step passages change to open up new ground, consume other, and reroute; many laws are narrowing in focus to provide an us and them slant of favoritism through the conditions applied.

This year Hamtramck had a choice as the first city going through the full power of Public Act 436 of 2012. They could choose from the options of: bankruptcy, consent agreement, emergency manager, or mediation -- their choice was emergency manager. Governor Snyder appointed Pontiac City Administrator Cathy Square as Emergency Manager of Hamtramck on June 26.

Detroit didn't have a choice, because the emergency manager was appointed before the effective date for PA436. Detroit was affected by Attorney General Bill Schuette's opinion that Public Act 72 of 1990 was resurrected since there was no replacement emergency manager law when Public Act 4 of 2010 was removed by referendum vote of the people on November 6, 2012. (Read additional legal discussion by Kurt Koehler, esq.) This resurrection of law flies in the face of MCL 8.4.1.

Whenever a statute, or any part thereof shall be repealed by a subsequent statute, such statute, or any part thereof, so repealed, shall not be revived by the repeal of such subsequent repealing statute.

Read prior blog posts to understand how this opinion needed to be contested but failed to be approached properly.

Reading through PA436 you'll find the State of Michigan has placed itself above the people of the city in negotiating the terms of bankruptcy stating (found on the 12 steps of a financial emergency on the State of Michigan website).

The Governor may place contingencies upon a local government, including the selection of an individual to act exclusively on behalf of the local government in any Chapter 9 proceedings.

As much as it would be great to see Emergency Manager Kevyn Orr "do the right thing", it really ends up being what the Governor wants. The "viceroy" is taking direction from his superior. 

Hamtramck Under The EM Knife

The State of Michigan has descended upon Hamtramck as its next target for Emergency Management through Public Act 436 of 2012. The step by step process is documented on the State Treasury page. At this point a hearing of the Emergency Financial Assistance Loan Board (ELB) is scheduled for June 11, 2013 at 10am in the Richard H Austin Building (Treasury), 430 W Allegan, Lansing, MI 48933. City executives can request a hearing in advance of the state scheduled meeting.

Hamtramck has previously declared a Financial Emergency with assistance from the State of Michigan under Public Act 72 of 1990. The date of that filing was December 2000. Hamtramck requested to file for bankruptcy in November 2010, but Governor Snyder denied that request deferring the city to a series of loans to assist it through tough times. According to Hamtramck City Manager Bill Cooper in 2010, receiving a loan would merely delay the city's financial problems. “We do not need an EFM (Emergency Financial Manager) to look for cost savings within our operations, which was done under the previous EFM, and has continued under my direction,” Cooper said in his letter.

Now Hamtramck faces new rules that will play out differently even under Chapter 9 bankruptcy since the passage of Public Act 436. Did the State prolong this decision to allow them to move into bankruptcy until they could get a law in place that would ensure the State of Michigan holds a controlling position.

Choices under the new law which are to be made by Governor Snyder with a recommendation from the ELB include: a consent agreement; an emergency manager; a neutral evaluation process; or
Chapter 9 bankruptcy. Even if the choice of Chapter 9 municipal bankruptcy managed by the Bankruptcy Court of the Eastern District US is selected, the following provision of Act 436 maintains State of Michigan control rather than allowing local officials direct interaction through the bankruptcy.

"The Governor may place contingencies upon a local government, including the selection of an individual to act exclusively on behalf of the local government in any Chapter 9 proceedings."

Hamtramck Under Financial Review (PA 436) by Michigan Treasury

April 17, 2013 - This afternoon we received notice that the City of Hamtramck will be under financial review per the conditions of Public Act 436, the new Emergency Manager Law.

We're providing a copy of the release from the Michigan Treasury received.

There has been quite a bit of Emergency Manager action around the state as attested to by this post over at Eclectabog. Topics within the post:

• Detroit Emergency Manager Orr issues Order putting himself in charge of the City
• Detroit Emergency Manager Orr’s former boss/company hired to fix Detroit
• Detroit Emergency Manager Orr moving quickly to privatize city services
• Detroit Emergency Manager Orr redefines role of Financial Advisory Board
• Unionized Detroit firefighters will have a new contract imposed on them July 1st
• Detroit Tigers’ opening day game was disrupted by EM protest on I-75
• Suit to rid Detroit of Emergency Manager tossed out of court
• Former Highland Park Emergency Manager Blackwell sees his day in court, gets sentenced to probation
• Pontiac Emergency Manager Schimmel planning to eliminate health insurance coverage for city retirees
• Former Detroit Public Schools superintendent sues DPS Emergency Manager after being fired
• Pontiac Mayor and City Council get their paychecks back while Flint Emergency Manager Kurtz ends pay for Mayor Dayne Walling and entire City Council
• Highland Parks Schools Emergency Manager rescinds diplomas for 18 students

Federal Court Injunction on Flint EM Modifying Retiree Benefits

Federal court places temporary injunction on Flint Emergency Manager on Friday, March 29, 2013 as reported by Mlive. Former Flint Emergency Manager Michael Brown issued an order to modify retiree's collective bargaining agreements which offered lifetime benefits in April 2012. The changes ordered Medicare-eligible retirees to pay $100 per person per month. They also increased the deductible from $50 to $1,000 and raised co-pay from $1,000 to $2,500.

The State of Michigan's dictators ("Emergency Managers") are demanding changes that the people are unable to have a voice in discussing. This is a failure of transparent government and a failure to permit local governance with representation of the people.

Voters across the State of Michigan repealed Public Act 4 and Public Act 72 during the November 2012 election. The Attorney General gerrymandered the intent of referendum to repeal law saying that the ability to revive a repealed law was enabled - this is a violation of MCL 8.4, and demonstrates the AG has violated his oath of office to serve the interests of the people. The interests of the people was to remove Emergency Manager Laws... Attorney General Bill Schuette has violated his oath of office.

Our State Board of Ethics will reject any filing as these need to pass through the chairperson's office. The chairperson for the Board of Ethics is John Pirich, esq, the lead attorney representing Citizens for Fiscal Responsibility (a Sterling Corporation sponsored entity) which contested the referendum presented to the Board of Canvassers (Jeffery Timmerer is a Sterling Corporation partner and was on the Board of Canvassers, he later resigned from office as the referendum made its way to the State Court of Appeals). The web of corruption in the State of Michigan will prevent justice from being served. It will prevent democracy in favor of corporatocracy. Bob Labrant is formerly head of Michigan Chamber of Commerce and was appointed by Governor Snyder to Michigan Employment Relations Commission on June 29, 2012 to serve until June 30, 2015. If you're concerned with Right To Work then you might check on Mr Labrant.

Remain vigilant and bring awareness out in public forum so it can be discussed. Our greatest strength will be in our transparent unity to discuss the issues as they are revealed.

Overturning Emergency Manager In Detroit!

We oppose Emergency Managers because they rob us of our right to elect our own local representatives and deny democratic self rule at the local level. We are demand our elected leadership remember that they were elected by the same people who will vote in this referendum on Nov. 6th, 2012. We demand that you abide by their decision. Now were working to "Overturning Emergency Manager In Detroit!"

We ask you to sign our "White House Petition:

1. End the Consent Agreement/ No Emergency Manager. 
2. Begin the Justice Department Intervention, and 
3. Stop Voter Suppression and Constitutional Violations. 

We also ask you to join us in our:

1. Our Mass demonstration, rallies, press conferences to protest and denounce the actions of Governor Snyder and his collaborators; 
2. To expose the criminal nature of the banks and the corporation who are at the root of the financial crisis in Detroit and throughout the State of Michigan; 
3. We must link this struggle in Detroit with the plight of other cities throughout Michigan like Benton Harbor, Flint, Highland Park, Inkster, Ecorse, Muskegon. As well as dozens of other cities in the USA like California, Pennsylvania, Alabama, Rhode Island and many others facing similar crisis. 

A No Struggle, No Development Production! By Kenny Snodgrass, Activist, Photographer, Videographer, Author of 1} From Victimization To Empowerment... www.trafford.com/07-0913 eBook available at www.ebookstore.sony.com
2} The World As I've Seen It! My Greatest Experience! {Photo Book}
YouTube: I have over 390 Video's, over 133,300 hits averaging 4,700 a month on my YouTube channel @ www.YouTube.com/KennySnod

Monday Rally at Spirit of Detroit

Please come to a rally at the Spirit of Detroit in front of the Coleman A. Young Municipal Center (City County Building) Monday to to show your support of efforts to defeat the Michigan Emergency Manager law.

Where: Spirit of Detroit in front of the Coleman A Young Municipal Center (City County Building)
When: March 25th at 11:00AM

Urge your family and friends whom are outside Detroit and Michigan to sign the petition to the White House and Department of Justice requesting intervention on behalf of the people of Detroit and Michigan.

PASS IT ON TO FAMILY AND FRIENDS!!!

PEOPLE FOR A BETTER DETROIT

Save DETROIT 2013 - Petition

Petition the White House and Department of Justice

We are asking everyone to make a concerted effort to push the effort to gain petition signatures into new realms of friends across the United States. Allied efforts making the appeal are welcome. A case sensitive shortlink to the petition is http://wh.gov/wGJK, if you share the link through Twitter include the tags #NoEM, and #DetroitEFM.

Save Democracy in Detroit and Michigan. Stop Emergency Managers, protect voting rights and help spur our local economy.

Chairman David Bullock of the 13th Congressional District Democratic Party of Michigan, concerned citizens, and the people of Michigan are fighting against Emergency Managers. Governor Rick Snyder's Administration has appointed emergency managers in cities and school districts across Michigan. These emergency managers have unilateral control over all aspects of government, deny voting rights, block collective bargaining rights and balance budgets by selling assets and cutting fire and police. We need the federal government to intervene and protect voting rights. Additionally, we need the government to promote job creation, spur growth of the local economy, focus on education and worker retraining programs, reform banking and health care institutions.

The Extreme Prejudice of a Hearing Under PA72

A copy of the March 8 letter from Chief Deputy Treasurer Mary MacDowell to Acting Detroit Corporation Counsel Edward Keelean regarding a hearing requested on March 7 by City Council through the Law Department can be viewed through this link. It is available in the publications area of the website.

The correspondence indicates the hearing pursuant to section 15(2) of Public Act 72 of 1990 will take place Tuesday, March 12 at 10:00 am in the Richard H Austin Building (Treasury), 430 W Allegan St, Lansing before Chief Deputy Treasurer Mary MacDowell in the Board Room on the 1st floor.

The hearing will allow each side (Detroit City Council and Detroit Review Team) 30 minutes to present, with 20 minutes initial presentation and 10 minutes reserved for rebuttal. According to the letter it is not to be an adversarial proceeding. It is to be a fact finding hearing, reviewing evidence from the Review Team and supplementing with any actions taken or planned since the Review Team's report on February 19.

The interesting thing about this hearing is that none of the laws - Public Act 4, Public Act 72, or Public Act 436 are in effect at this time.

Public Act 72 of 1990

Since Attorney General Bill Schuette issued his opinion on the referendum to repeal Public Act 4 of 2011 on August 6, 2012, Michigan has been acting like this law is still on the books. The referendum addressed Public Act 72 stating that it was repealed when Public Act 4 was passed to law. This was required as the new act had to replace the prior law.

Repeatedly we have said Public Act 72 was repealed and is dead law. Numerous alternative press sources have pointed this out [DailyKos][Eclectablog][VLTP][VoiceOfDetroit]. This is what is written in Section 8.4 of Michigan Compiled Laws:

Revised Statutes of 1846 (EXCERPT)
CHAPTER 1. OF THE STATUTES.
8.4 Effect of repeal of repealing statute.
Sec. 4. 

Whenever a statute, or any part thereof shall be repealed by a subsequent statute, such statute, or any part thereof, so repealed, shall not be revived by the repeal of such subsequent repealing statute. 

History: R.S. 1846, Ch. 1 ;-- CL 1857, 3 ;-- CL 1871, 3 ;-- How. 3 ;-- CL 1897, 51 ;-- CL 1915, 65 ;-- CL 1929, 77 ;-- CL 1948, 8.4

AG Schuette's opinion is entitled "Revival of repealed law where right of referendum is properly invoked as to act that repealed prior law." This is an interesting title in itself saying that there is some hidden right of revival that supplants the right of referendum. That means something is of a higher power than a referendum voted on by a majority of the public. Lets get one more thing straight before stating the assertion of the opinion. These are public servants that have taken an oath of office to serve the interests of the public. Wouldn't the vote of the public on the referendum indicate very clearly the interest of the public? Therefore these public officials are violating their oath of office and conspiring against the people they serve. I believe that amounts to domestic terrorism.

There are several passages in the opinion that pick apart the words of the law. Follow the highlights in this passage from page 12, commentary is provided in italics within.

Const 1963, art 2, § 9 states, in part: “No law as to which the power of referendum properly has been invoked shall be effective thereafter unless approved by a majority of the electors voting thereon at the next general election.” Based on the section’s plain language, “no law” is exempt from the suspension nor is any part or provision of a law exempt. Where a constitutional term is undefined, dictionary definitions may be consulted to determine its meaning. See, e.g., National Pride At Work, Inc v Governor of Michigan, 481 Mich 56, 69-76; 748 NW2d 524 (2008). The term “effective” may be understood to mean “in effect; operative; active.” See Webster’s New World Dictionary, Third College Edition (1988). Thus, when a referendum is properly invoked, no part of the subject law is thereafter operative or active. Applying this interpretation to Public Act 4, once the Board of State Canvassers certified the referendum, no part of the Act remained operative, including the repeal provision. (Holding this logic would mean a repeal provision could not be directly written into the law.)

Are repeal provisions on laws put someplace other than in the law? Where's this magic cache of repeal provisions held? Apparently being the top lawyer in Michigan means you can gerrymander the English language to make it say what you wish. Attorney General Schuette has sliced and diced the intent of referendum to craft intent toward a specific means which undermines the commonly understood intent. A building block of law, the intent, should not be reduced to rubble each time it requires reference.

The people voted to remove Emergency Manager Law, be it Public Act 4 or Public Act 72, which was included in the 3rd from last paragraph of the referendum.

Clinging to creating the case to have Public Act 72 in effect the argument in the opinion is made that there was no replacement law waiting to take its place. This is why there was a scurry to bring the 4 page bill from January 2012 forward and turn it into the law desired in the middle of December 2012. Stay tuned for more on this.

If the people wanted the law removed then both the LOCAL GOVERNMENT AND SCHOOL DISTRICT FISCAL ACCOUNTABILITY ACT [PA4] and LOCAL GOVERNMENT FISCAL RESPONSIBILITY ACT (141.1201 - 141.1291) [PA72] of the Constitution would be removed - yes without a replacement. Note this section of the Constitution does get filled on March 28, 2013 by Public Act 436 of 2012, provided the passage of that law is not contested in federal court and found unconstitutional.

You'll have to see how frustrating it is to the public that the people can't clearly see what laws are governing them. Every court case in Michigan confronting the veracity of PA72 as law at this time has pointed at the AG's opinion and said that is what they were basing the ruling on.

These are the compiler notes in the Constitution of the changes, italics are offered to point out where we are at this time leading up to March 28, 2013. According to these notes there is no act in effect, we are abiding by an opinion of the Attorney General as if that is law.

Act 4 of 2011 was rejected by a majority of the electors at the November 2012 general election. The vote was certified by the state board of canvassers on November 26, 2012. Act 72 of 1990, which had been repealed by Act 4 of 2011, came back into effect while the referendum on Act 4 of 2011 was pending. (NOTE there is a gap in this timeline of what is in effect there is no PA4, no PA72, and no PA436.) Act 436 of 2012, which was approved by the governor December 26, 2012 and filed with the secretary of state December 27, 2012, provided a new act (MCL 141.1541 to 141.1575) known as the local financial stability and choice act, effective March 28, 2013. Act 436 of 2012 repeals Act 72 of 1990, effective March 28, 2013. (Oh by the way PA72 was repealed already!)

In conclusion in observing the above compilation notes Michigan would not have a law supporting any  Emergency Manager or Emergency Financial Manager between November 27, 2012 and March 28, 2013. Given the date and time of this hearing, March 12, 2013, there is no supportive law holding the City of Detroit in a Consent Agreement or any Local Government or School District throughout Michigan under Emergency Manager Law (PA72) until March 28.

Stay tuned for the Miraculous Public Act 436, The New Emergency Manager Law - I'll go through the process of how this bill came to be law and the various violations of Michigan Constitution along the way. This is a law scraped up off the floor of PA4 being savagely ripped apart by the people and shocking it into life during the lame-duck session of 2012. Oh yeah - it isn't supposed to be substantially similar in form to a prior law... well the public isn't looking, or are they?

Sign the petition linked on the button at left. Let the White House and Department of Justice know we are watching and are very concerned. http://wh.gov/wGJK (case sensitive)

War Declared on Black Detroit

Detroit Rallies Against Emergency Manager Law

Sunday March 10 we are asking everyone to come to the rally at Michigan and Third/Bagley, south of the DTE Energy building and cross-corner from MGM Grand Casino. The rally begins at noon and will carry on for several hours.

Learn more about the issues through this article "WAR DECLARED ON BLACK DETROIT" at the Voice of Detroit.

Facebook event posting
Contact phone is with AFSCME Local 25 at 313-964-1711 ext 2223.

Publicity Flyers

B&W copy for print

Color copy

Anti-Emergency Manager Traffic Blockade

Thursday March 7, 2013 activists in Detroit staged a rolling traffic blockade on I-75 between 8 Mile and Warren in protest of the Emergency Manager Law. Our position is if the system has chosen to silence the people by listening to business, then we must make conducting business more difficult. Governor Snyder it is time to admit that the removal of civil rights in the poorest communities of Michigan amounts to FASCIST RULE. The people will request your acts of domestic terrorism be held accountable in a court of law. We realize the courts of Michigan are unwilling to move appropriately on the matters at hand. Therefore we are petitioning the Department of Justice to step in. We are ready to prosecute those leading the State government on conspiracy charges.

News Reported 

From WDIV at 4:10 pm ... We have BREAKING NEWS right here at home. There is a traffic situation on I-75 that might affect your drive home. Michigan State Police are trying to get several cars to move off the shoulder of southbound I-75 near I-94. It's backed up traffic in both directions on I-75. Vehicles are getting by, but they're starting to slow down so it's beginning to affect all of the traffic there.

Notice the signs in the windows show the various cities that are currently under Emergency Manager rule. The motorcade destination is the Theodore Levin Federal Courthouse at 211 Fort, Detroit.

Quality of Life Town Hall today 4pm

Quality Of Life Town Hall Meeting

Today at 4pm Council Member JoAnn Watson is hosting a town hall session with information regarding The Emergency Manager Laws, Consent Agreements, and offering legal & financial insights to current issues facing the City of Detroit. A number of experts will be at the meeting presenting and answering your questions.

We ask everyone to please invite and assist those who may have difficulty getting to the meeting if not offered assistance.

You may find information through these links helpful. Watch for additional posts today!

• Say NO to Snyder and Detroit EFM! - Voice of Detroit - March 5, 2013
• Dillon Meets Barrow and Detroit Bankruptcy - Free Detroit - March 6, 2013
• Sufficient Grounds for Fighting - Free Detroit - March 6, 2013

Rumors Abound

Articles about Mayor Bing supporting City Council... has us shaking our heads. Bing is like a baby rat that wants to get back in its mama's pouch, that mama would be Governor Snyder. He may come out with something like in this story today, but its just a front for the fact he's doing the Governor's bidding. The Mayor, Governor and puppets of the state (such as Council Member Gary Brown) are keeping the mainstream media busy creating the drama that people are soaking up on television and in newspapers.

Sufficient Grounds for Fighting

Visit NBCNews.com for breaking news, world news, and news about the economy

---

Opinion by Stephen Boyle

Rachel Maddow: Michigan Gives Up On Democracy

Broadcast on March 1, 2013, the evening after Governor Rick Snyder holds an invitation-only Town Hall meeting at the Maccabees Building on Wayne State University campus. During the meeting he announces the “Detroit Can't Wait” campaign - this way his plans gain commercial exposure in addition to typical government coverage. Slick delivery Rick, what is it you're selling? Fascism? 

Yes folks that is the key component of the Detroit Can't Wait campaign. The installation of a dictator to run the city of Detroit who will have no need to consult with elected officials such as the City Council, the Mayor, and others. They can even be removed from office if too belligerent. The Emergency Manager is given the opportunity to nullify contracts, build privatized business arrangements without oversight, bulldoze neighborhoods without checking if they are lived in, and ensuring sufficient levels of mood altering drugs are put in the water. I forgot to mention the blight authority plan to napalm several districts around Detroit.

Save Democracy in Detroit and Michigan (Petition)

Save Democracy in Detroit and Michigan

Stop Emergency Managers, protect voting rights and help spur our local economy

Chairman David Bullock of the 13th Congressional District Democratic Party of Michigan, concerned citizens, and the people of Michigan are fighting against Emergency Managers. Governor Rick Snyder's Administration has appointed emergency managers in cities and school districts across Michigan. These emergency managers have unilateral control over all aspects of government, deny voting rights, block collective bargaining rights and balance budgets by selling assets and cutting fire and police. We need the federal government to intervene and protect voting rights. Additionally, we need the government to promote job creation, spur growth of the local economy, focus on education and worker retraining programs, reform banking and health care institutions.

Please sign the petition

We Will Fight Emergency Financial Management!

We need Detroit to stand up and fight back - the proclaimed financial problems have been contrived by a financial review team bent on discovery of an emergency. The issues discovered reveal weakness in the administration of the city - the mayor has not requested funds that are due to the city. However Mayor Bing is obeying the direction set forth by Governor Rick Snyder, the State Treasurer Andy Dillon, and others whom discard the health, well-being, and safety of the people of Detroit.

A press release from the Coalition of Concerned Citizens of Detroit was published yesterday. The text of the release references a press release on February 25 from the Committee to Elect Krystal Crittendon to Mayor of Detroit. Tom Barrow, who is also running for Mayor of Detroit this year has also been published. We are finding the sea of candidates seeking office in Detroit are growing to see the falsehood which the State of Michigan continues to spread through the mainstream media.

Detroit has no financial crisis - it has a crisis in how it is represented by the Mayor, the State, and the various review and advisory boards/teams created by these people. Taxpayers don't appreciate having dollars spent on extra layers of government and failed oversight into mismanagement.

As City Council member JoAnn Watson said yesterday and previously ‘The State is reviewing the progress of the State, the failings they are finding are failings in how they are managing things.’ It seems to be a position other council members are picking up as well.

Krystal Crittendon Regarding Financial Advisory Board Report

Committee to Elect Krystal A. Crittendon

February 25, 2013

FOR IMMEDIATE RELEASE
CONTACT: Phillip Brown, 313 717 5077

Statement of Krystal Crittendon Regarding Financial Advisory Board Report

City can collect $800 million owed by businesses, says Crittendon

Detroit Mayoral Candidate Krystal Crittendon released this statement today in response to the Governor-appointed Financial Advisory Board’s release of findings after its 30-day review:

"The Financial Advisory Board's findings in their report concerning the City of Detroit's financial status should come as no surprise to anyone. The bottom line: the Report provides no justification for the appointment of an emergency financial manager, especially when it makes no mention of $800 million in accounts receivable owed to the City as confirmed by State Treasurer Andy Dillon.

“The FAB had already found the City to be in severe financial distress in 2012. The specific findings contained in the report regarding whether the City was in ‘severe financial distress,’ whether the City ‘had a plan in place to address the financial distress,’ and whether the City had a likelihood of fixing its financial problems, are findings which are required to be made and contained in a financial report to the Governor by a FAB empaneled under PA 72. No one reading the report should be shocked that these findings are included.

March on City Hall

We must march on City Hall and demand justice delivered as promised through the vote November 6, 2012. The Emergency Manager Law (Public Act 4 of 2011) has been repealed. Public Act 72 of 1990 was repealed in 2011 and according to the law CANNOT BE REVIVED.

Detroit refuses to be a puppet to State Government demands. We must gather and create a Citizen's Reform Agenda, but that requires access to our government - something this administration and those preceding it have made very difficult.

Monday November 19 9:00am rally at Spirit of Detroit

The Public Health & Safety Standing Committee will be held at 10:00am, the 13th floor at Coleman A Young Municipal Center will be packed. Click here for the agenda.

Tuesday November 20 9:00am rally at Spirit of Detroit

The last Council of the Whole meeting will be held at 10:00am on the 13th floor. The agenda is packed and we suspect the entire day until 4pm will be spent in session. Click here for the agenda.

The Call To March

November 6th we watched the votes tally - We saw Michigan Democrats win the Senate. We saw the re-election of President Barack Obama and saw Proposal 1 come in with a NO vote. The next morning we found …

• The Emergency Manager Law had been repealed
  (but nothing changed)
• Detroit’s Proposal C to ensure Corporation Counsel retained independence and the ability to prosecute Mayor Bing
  (and the Mayor continues supporting the Financial Stability Agreement born through Public Act 4, which was claimed to not conform with the requirements of Detroit City Charter)

... and what we did not get was a CELEBRATION in the streets and JUSTICE NOW. We thought certainly someone would start the celebration. We realize now that WE ARE THE ONES to start the celebration!! WE MUST DEMAND JUSTICE NOW!

WE ARE *MARCHING ON* CITY HALL MONDAY & TUESDAY MORNING AT 9AM
WE ARE *CALLING ON YOU* TO STAND UP FOR YOUR RIGHTS AND PARTICIPATE – sitting through a revolution was never the way of accomplishing what is needed.

• We are NOT WAITING 30 days to claim victory.
• We are NOT WAITING for Detroit to have more services farmed out to private business by terms of a contract. 
• We are NOT WAITING for land grabs to be complete and departments to be shut-down sending our residents into unemployment.
• We are NOT WAITING for our public buses to be privatized, or our water, or our lighting, or other departments.
• We are NOT WAITING for more of our schools to be yanked from our hands and have our children attending EAA schools established and controlled through Jim Crow Laws.
• We are NOT WAITING for the State of Michigan to push through new Emergency Manager Laws to “save us” from bankruptcy court.
• We are NOT WAITING for our elected officials to take orders from the State of Michigan on next steps in dismantling our local governments and schools.

Both Monday and Tuesday have critical items coming before City Council committees and the final meeting of City Council for the year until 2012. There will be limited room available on the 13th floor - we need people on the street picketing the issues. Get on the text messaging group by composing a message to the number 23559 with the word @honorMIvote and send the message.

WE ARE THE PEOPLE OF DETROIT and

WE ARE NOT WAITING ANY MORE!

Moving vans ready for eviction

EXERCISE OUR RIGHT TO ASSEMBLE, TO PLAN, TO PARTICIPATE IN GOVERNMENT, TO BE AWARE
EXERCISE SELF-GOVERNANCE THROUGH OUR HOME-RULE CHARTER
EXERCISE WITH OUR FEET IN THE STREET
EXERCISE OUR VOICES HELD HIGH IN REASON AND PROTEST
EXERCISE THE FREEDOM OUR COUNTRY HAS FOUGHT FOR CENTURIES TO MAINTAIN – not overseas, here at home! Our fight for freedom is here at home! We will not be slaves to a state of confusion and despair. Our children deserve to know the hope and spirit of a brighter future. We are not sacrificing to the burdens of devastation placed on us by a CORPO-GOVERNMENT declared state of emergency.

Government SERVES the People – it is their oath of office, it is time to serve as the public demanded through a general election and insist the courts and law-makers of this land follow the will of the people. WE WILL NOT BE UNDONE BY A SYSTEM NOT OF OUR OWN CHOOSING!

Assist us by inviting those that love Detroit to march, to be THE ONES that proclaim the City of Detroit is a held by THE PEOPLE and we will not back-down.

NOTE: Recall Mayor Bing petitions will be circulating while the march is taking place. Detroit voting residents we encourage action!

Local Papers Need Local Sentiment Headlines

Yesterday's Occupy Local Government session hosted by Free Detroit No Consent at the Occupy The Midwest Conference spent some time looking at the August 24, 2012 front page headline article "Poll: Voters favor EM law; bridge bid falters" published in The Detroit News and subsequently picked up by the other publishing channels around the city and state, many of whom spun the story in the same manner.

The Detroit News is a Local Paper?

The headline speaks of a poll of 600 likely voters as shown in the quote below . The population for the poll has to be considered when attempting to use it as a barometer for state-wide sentiment.

The poll of 600 likely voters in a live-operator telephone survey was conducted Saturday through Monday by Glengariff Group Inc., and has a margin of error is +/- 4 percentage points.

The poll was commissioned by The News, WDIV Local 4 and WZZM.

 Note the figures in this chart are the state-wide numbers that were used, and local figures were simply mentioned in the text of the article.

Local Support for Repealing Public Act 4 is high

The Detroit News chose to go with a headline reflecting state-wide voting interest as is came through the poll. The choice for which side of the story goes up as the headline is the editors', however since this is a local Detroit paper and the support as indicated through this excerpt from the paper - should be what offered an appropriate headline. The existing headline makes the story and newspaper look like a tool of the State of Michigan.

The voter-initiated referendum on Snyder's beefed-up emergency manager law, which was fought all the way to the Michigan Supreme Court, is getting strongest support in Oakland and Macomb counties at 69.3 percent and 64 percent.

In Detroit, 52.5 percent of residents want to repeal the law. Czuba said 30 percent of Detroiters want to keep emergency managers and shouldn't be discounted.

Prepare to Vote on November 6

Please be advised there will be a number of attempts to confuse and keep people in Detroit and communities potentially affected by Emergency Manager Laws. One of these was the Citizenship question on ballot applications which was encountered during the primary vote. Secretary of State Ruth Johnson chose to operate as if Senate Bill 803 was passed, however Governor Snyder VETOED S803 claiming it would cause confusion ... which is exactly what happened. From The Detroit News:

The legislation requiring an affirmation of citizenship was spawned, in part, by Secretary of State Ruth Johnson's office discovering a handful of non-U.S. citizens on the voter rolls who were improperly registered to vote while legally obtaining driver's licenses.

In the February presidential primary, Johnson implemented a policy requiring voters to affirm their citizenship at the polls on a ballot application alongside their name and date of birth.
The vetoed legislation sought to codify Johnson's policy, which she claims successfully identified a dozen non-citizens who tried to vote in Kent, Macomb, Oakland and Wayne counties during the presidential primary.

Snyder believes a person's signature on a ballot application would be a better alternative to the check box, spokeswoman Sara Wurfel said.

The "citizenship checkbox" showed up in February 2012, and even with the veto requesting it removed, according to the Detroit News, it seems Ruth Johnson has determined it will appear again on Election Day, November 6.

The legislation requiring an affirmation of citizenship was spawned, in part, by Secretary of State Ruth Johnson's office discovering a handful of non-U.S. citizens on the voter rolls who were improperly registered to vote while legally obtaining driver's licenses.

In the February presidential primary, Johnson implemented a policy requiring voters to affirm their citizenship at the polls on a ballot application alongside their name and date of birth.

The vetoed legislation sought to codify Johnson's policy, which she claims successfully identified a dozen non-citizens who tried to vote in Kent, Macomb, Oakland and Wayne counties during the presidential primary.

Snyder believes a person's signature on a ballot application would be a better alternative to the check box, spokeswoman Sara Wurfel said.

Johnson, a Republican and former Oakland County clerk, said Tuesday she will keep the policy in place despite the governor's veto. As the state's chief elections officer, Johnson retains the right to set wording on ballot forms, spokesman Fred Woodhams said.

According to Progress Michigan there is an Election Protection Hotline at 888-OUR-VOTE which will answer questions. Please make sure you carry photo identification with you to the polls, our Secretary of State says 99.5% of Michigan's voters have photo ID. If that is the case, then how do the .5% get handled Ms. Johnson? It seems having a photo printed on voter registration cards would help tremendously.

Michigan chapter of the ACLU has requested the citizenship checkbox removed, but as yet have not pursued it legally in the courts. However, the Michigan Election Reform Alliance may be stepping forward ...

Since October, 2011, Secretary of State Johnson and the staff of the Michigan Bureau of Elections have engaged in conduct which has caused election administrators in every jurisdiction in Michigan to put a hurdle in the way of every voter’s exercise of the right to vote.

By such conduct, they appear to be guilty of a felony under MCL 168.932 (a) "A person shall not attempt, by means of bribery, menace, or other corrupt means or device, either directly or indirectly, to influence an elector in giving his or her vote, or to deter the elector from, or interrupt the elector from, or interrupt the elector in giving his or her vote at any election held in this state." They have also suborned the same felony to be committed by thousands of election assistants, precinct chairs and election inspectors in the February 28 and August 7, 2012 elections.

End of Democracy? A Panel Discussion on Public Act 4

The Occupy The Midwest Conference has gotten off to a great start with its main encampment at 5900 Michigan Ave, and a second encampment near West Chicago and Meyers, a bouncy house is at Appoline with parking, and more activities are going on at the encampment down the street.

PANEL: End of Democracy? 

Today at 7pm will be a panel discussion with significant content on Michigan's Public Act 4, Emergency Manager Law, which is on the ballot for November to be either REPEALED or ratified by the public. Monica Patrick will be representing Free Detroit No Consent as a panelist.

Occupy The Midwest Conference 

A number of activities are planned for each day of the Occupy The Midwest Conference which began Thursday, August 23 and runs through Sunday, August 26. Click here for the full schedule off the Occupy The Midwest website.

Friday's activities included a Free Detroit No Consent session on "Occupy Local Government", which had a few of our members (Valerie, Keith, Stephen, Cecily, and Chris) speaking with the assembled audience at the conference. There were a lot of questions and discussion about Detroit and details of activities that were covered.

More video coverage from the conference is using the tag #omwdetroit

Detroit School Board Meeting - SUPPORT NEEDED

This morning a press conference was called by Detroit Public Schools yet Roy Roberts, Emergency Manager was not present. Those attending were LaMar Lemons (Board President), John Telford (Interim Superintendent Elect), George Washington (Legal Counsel), David Murray, and Tawanna Simpson (Board members at large).

Discussion for the meeting revolved around the changing hands of control over Detroit Public Schools. After 11 years out of the past 13 of ruling Detroit Public Schools the State of Michigan doesn't want to let go. They feel there still remains a financial emergency to be managed.

Public Act 4 - Emergency Manager Law Referendum

On August 2nd Michigan Supreme Court ruled that the Repeal of Public Act 4 should be placed on the Nov 6, 2012 ballot to be decided by the people of the State of Michigan. During that hearing questions to John Pirich, the attorney representing the Secretary of State asking if he understood that Public Act 72 was no longer a law in effect seemed not to sink in. Through the last few minutes of the hearing he seemed genuinely confused by what Justice Young was asking.

When Public Act 4 was placed into law in 2011 it repealed Public Act 72, at that time. (NOT IN THE FUTURE, OR EVEN NOW - Public Act 72 is no longer a law.) According to MCL 8.4 once a law has been repealed it cannot be revived by repeal of the subsequent law that had it repealed. We are currently sitting with suspension of Public Act 4, which isn't yet repealed - however Public Act 72 is repealed and has been since 2011. Attorney General Bill Schuette and the Governor's Press Secretary Sarah Wurfel have been saying that Public Act 72 is the law that we are now using - the problem is that was REPEALED.

So there you have it - the story that you aren't going to get from the mainstream press who are using the words of the officials, we have to dig in and get facts and report those findings to you.

Eviction Notice To Serve

 

Live Coverage of Meeting

http://bambuser.com/tag/DPSboard
1:18 Detroit Public Schools emergency manager press #sosmi @free_detroit #occupydetroit	33:10 Detroit Public Schools emergency manager press #sosmi @free_detroit #occupydetroit	7:51 Detroit Public Schools emergency manager press #sosmi #free_detroit #occupydetroit	0:35 Detroit Public Schools emergency manager press #sosmi #free_detroit #occupydetroit	3:21 Detroit Public Schools emergency manager press #sosmi #free_detroit #occupydetroit

School Board Meeting Tonight

Detroit Board of Education will meet tonight at 5pm at Fredrick Douglass Academy, 2001 W Warren, Detroit. A meeting of the committee will start the night. During the meeting Interim Superintendent John Telford will be announced.

The report from the Free Press indicates the Attorney General and Roy Roberts intend to remove the Board of Education through an injunction which will be heard tomorrow, and gives additional details from the meeting this morning.

Special City Council Session during recess

City Council went into recess on August 1, 2012, however there is so much happening at this time that a special session was under discussion weeks prior. We've received the agenda for the meeting and these topics are present:

• Provide Assessors, city must have positions filled ASAP
• Resolution authorizing a ballot proposal to Approve Public Safety Millage requested by Board of Police Commissioners
• Resolution for William Charity Fund, petition #2515 
• Proposal to amend Chapter 61 of the 1984 Detroit City Code, with regard to provisions for School Building Adaptive Re-Use. A public hearing will be scheduled.
• Discussion of issues relative to the Detroit Workforce Development Department and the Department of Health and Wellness Promotion.

Public comments will also be heard.

Notable Protest Activity

Free Detroit No Consent is working with Occupy Detroit and union representation in preparing a public  awareness action that we hope will attract the eyes of the nation. Call it a premonition if you'd like. 

Lords and Ladies it is time to MOVE OUT!  Michigan has suspended Emergency Managers. Your eviction notice is being served and the trucks are coming.