Emergency financial managers' powers.

WORKING DRAFT
2012
STATE OF
WYOMING
12LSO-0236

HOUSE JOINT RESOLUTION
NO.
HJ0004

Emergency financial managers
'
powers.

Sponsored by:
Representative(s) Byrd

A Bill

for

A JOINT RESOLUTION
expressing disapproval of Michigan
'
s Local Government and School District Fiscal Accountability Act and supporting a referendum for the repeal of that act.

WHEREAS,
the
Legislature of the
State of Michigan enacted
Public Act 4
of 2011,
the
Local Government and School District Fiscal Accountability Act
;
and

WHEREAS, Public Act 4 is
purportedly
"
an act to safeguard and assure the fiscal accountability of units of local government
"
; and

WHEREAS,
Public Act 4
was effective March 16, 2011 and vastly expanded the powers granted to emergency financial managers under state law; and

WHEREAS,
Public Act 4
authorizes the governor to unilaterally declare a financial emergency in any unit of local government, including school districts;
and

WHEREAS,
Public Act 4
also authorized the Michigan state treasurer to appoint emergency financial managers; and

WHEREAS,
Public Act 4
gives emergency financial managers broad and complete authority in the designated local government jurisdiction, without transparency or accountability, allowing the managers to sell public property, enter into contract
s, void all or selected contracts,
remove elected officials from office, dissolve political structures such as councils and commissions,
void collective bargaining agreements,
merge services and political entities, borrow money on the public purse and other dictatorial powers without seeking authority or
approval from any elected body,
from the
affected persons or from the electorate; and

WHEREAS,
Public Act 4
conflicts in a most profound way with deeply held democratic principles on which our nation and our state were founded, and on which the people rely for the security of their lives, liberty and property; and

WHEREAS,
Michigan
'
s emergency manager law is one of the most draconian of its kind in the United States
, giving emergency financial managers
virtually dictatorial powers
; and

WHEREAS,
emergency financial managers are currently in control of the cities of Flint,
Benton Harbor, Ecorse and Pontiac, as well as in the Detroit Public Schools
, and the Highland Park School District and the city of Detroit are being reviewed for appointment of emergency financial managers; and

WHEREAS, it is inconsistent with American values to force local governments to submit to a politically appointed manager with vast powers over the public purse, property, services, elected officials and structure of the local government;
and

WHEREAS, a referendum is currently under way in Michigan to repeal
Public Act 4
.

NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE LEGISLATURE OF THE STATE OF WYOMING:

Section 1.

The Legislature of the State of Wyoming
supports the referendum and the repeal of
Public Act 4 of 2011.

Section 2.

The Legislature of the State of Wyoming
urges local elected officials, elected State
representatives and s
enators, and the people of the State of Michigan to support the repeal of the
"
Local Government and School District Fiscal Accountability Act.
"

Section
3
.
That the Secretary of State of Wyoming transmit copies of this resolution to
the Legislature of the State of Michigan,
the City of Detroit and
the members of the Wyoming and Michigan congressional delegations
.

(END)
1

HJ0004