Michigan to withhold $10M in aid to Detroit

[corktownyuppie]

If the Mayor had consulted FIRST with the Law Department, they would automatically have made sure the meeting complied with the state Open Meetings Act.

Well this is what's complicated. Apparently it was the Law Department who screwed up the notice, not Bing.

From Deadline Detroit

a representative from the city’s law department acknowledged that a miscommunication from their office to the mayor's staff may have led to the problem, prompting City Councilman Ken Cockrel to quip: “Did the mayor consult the law department or Miller Canfield?”

From the Freep

Council members said they could not hold the meeting because several council members weren’t notified, which the city’s law department blamed on an unidentified glitch in the process. The Free Press and other news media learned about the meeting Sunday night but weren’t given official notice of it until this morning.

So whose fault is it really? Hell if I know.

For people who deal DAILY with open meetings, it would have come as a no-brainer -- you call a meeting, you notify the public. PERIOD But those are the kinds of things that happen when you make decisions in a vacuum. That's why this mayor has had problems getting things accomplished and fully executed throughout his term. And Detroit is suffering horribly for it.

I'll be the first to say Bing's political skills leave much to be desired. My frustration is this. You might not like what Bing's doing, but his prime concern is getting us the money we need to stay solvent. When you look at other political leaders in the city, is their prime concern getting us the money we need to stay solvent?

No.

Now reasonable people can disagree about the best way to do this, and what would be optimal. But the priorities of some of the City Council people aren't about staying solvent...they are about keeping their constituents happy.

This is the heart of the conflict. The very things that will keep the city solvent are the very things that will not keep constituents happy.

But if we could all the political leaders on a "Solvency First" agenda, then we can find the ways to make it as least painful as possible and work as a team to solve the problems over the long term. Instead, some of our political leaders are on a "Happiness First" agenda. And this is not getting us anywhere.

In other odd news, it looks like the meeting would have passed the Open Meetings Act. The Michigan Court of Appeals ruled in 2011 that public meetings can, in fact, be posted in closed buildings and still be legally held, as long as they're posted for 18 hours. [[Thanks to Freep columnist Nancy Kaffer for digging this up.)

From Northville Patch...

In accordance with the open meetings act, the township is required to provide 18 hours notice for meetings. The group, according to court documents, said that the 18 hours were not business hours but hours overall and thus did not constitute sufficient notice.

The appeals court disagreed saying the OMA “simply requires that a public notice stating the date, time, and place of the meeting be posted at least 18 hours before the meeting. As we have indicated, defendant fulfilled that requirement.”
The opinion adds that the citizens group asked the court to read “additional requirements or limitations into the statute,” which it cannot do.

So whose fault was Monday's fiasco again?
And, more importantly, does this behavior inspire more confidence or less confidence in our potential lenders?

I'm on a solvency first agenda. Because without solvency, nothing else really matters.

[Honky Tonk]

Well this is what's complicated. Apparently it was the Law Department who screwed up the notice, not Bing.

From Deadline Detroit


From the Freep


So whose fault is it really? Hell if I know.



I'll be the first to say Bing's political skills leave much to be desired. My frustration is this. You might not like what Bing's doing, but his prime concern is getting us the money we need to stay solvent. When you look at other political leaders in the city, is their prime concern getting us the money we need to stay solvent?

No.

Now reasonable people can disagree about the best way to do this, and what would be optimal. But the priorities of some of the City Council people aren't about staying solvent...they are about keeping their constituents happy.

This is the heart of the conflict. The very things that will keep the city solvent are the very things that will not keep constituents happy.

But if we could all the political leaders on a "Solvency First" agenda, then we can find the ways to make it as least painful as possible and work as a team to solve the problems over the long term. Instead, some of our political leaders are on a "Happiness First" agenda. And this is not getting us anywhere.

In other odd news, it looks like the meeting would have passed the Open Meetings Act. The Michigan Court of Appeals ruled in 2011 that public meetings can, in fact, be posted in closed buildings and still be legally held, as long as they're posted for 18 hours. [[Thanks to Freep columnist Nancy Kaffer for digging this up.)

From Northville Patch...



So whose fault was Monday's fiasco again?
And, more importantly, does this behavior inspire more confidence or less confidence in our potential lenders?

I'm on a solvency first agenda. Because without solvency, nothing else really matters.

BRAVO Yuppie!

[313WX]

I asked the question because many here on DYes have consistently made comments that basically promote the idea that its ok if the City breaks the law as long as they get money in exchange for it. But barely a sound was made by the media yesterday when the emergency City Council meeting called by the Mayor was quickly adjourned without the Council voting on the Miller Canfield contract. Why wasn't THAT a big deal to the media?

What happened yesterday was a prime example of why there is gridlock. The Mayor tends to make impulsive and short-sighted decisions without first considering the process for accomplishing his objectives. He doesn't think past "I wanna do it now!" He tends makes decisions in a vacuum without consulting with people familiar with how you go about getting it done. Getting the "how" wrong can often result in negative consequences. In this case, even if the Council had approved the contract yesterday, they're decision would have been null and void due to the Open Meetings Act violation. If the Mayor had consulted FIRST with the Law Department, they would automatically have made sure the meeting complied with the state Open Meetings Act. For people who deal DAILY with open meetings, it would have come as a no-brainer -- you call a meeting, you notify the public. PERIOD But those are the kinds of things that happen when you make decisions in a vacuum. That's why this mayor has had problems getting things accomplished and fully executed throughout his term. And Detroit is suffering horribly for it.

Agreed.

And this is why I would much prefer Chapter 9 Bankruptcy. Solvency and the legality of achieving said solvency will both be considered in the process.

[corktownyuppie]

And this is why I would much prefer Chapter 9 Bankruptcy. Solvency and the legality of achieving said solvency will both be considered in the process.

I would prefer Chapter 9 Bankruptcy to gridlock, that's for sure. There are actually some Republicans who are lobbying to allow us to vote for bankruptcy because they realize the gridlock isn't working either.

There are 9 Council representatives. How come not one of them has publicly stated that bankruptcy would be our best choice? At least that would send the message that we're trying to solve the problem instead of drag our feet.

[313WX]

I would prefer Chapter 9 Bankruptcy to gridlock, that's for sure. There are actually some Republicans who are lobbying to allow us to vote for bankruptcy because they realize the gridlock isn't working either.

There are 9 Council representatives. How come not one of them has publicly stated that bankruptcy would be our best choice? At least that would send the message that we're trying to solve the problem instead of drag our feet.

Kwame Kenyatta did publicly advocate for Chapter 9 Bankruptcy.

Immediately afterwards, every single one of the council members shot him down and they even had to go into a brief recess as Jenkins and Kenyatta got into a heated argument about it.

Gary Brown receives a Pension for the city, so he's for anything that would diminish the chances of that BK filing happening [[which is why he was the lone "Yes" vote for the Miller Canfield contract).

And yes, I'm aware of PA 76. That's the law that the state of Michigan should have passed in the first place. No other state has put in place a draconian measure like PA 4, which actually speaks volume. I mean, what's the point of laws if we're not going to abide by them when the going gets tough?

Besides, call it spite, being bitter about the past, whatever, but the state of Michigan is just as much to blame as Detroit's inept leaders for the city's condition. Instead of noticing that the bottom floor of your apartment building [[the foundation) was burning down and putting out the fire in the 1970s through 1990s, it blatantly ignored the city's woes and instead helped direct all of the capital to the city's suburbs through government subsidies and anti-urban legislation. Maybe if the rest of the people in the state realize how much they do need a healthy Detroit once its bankruptcy ruins their ability to fund their tiny communities we will really get serious about building up a strong Detroit proper.

Also, at least for a while, the services delivered to Detroit's citizens wouldn't have been cut nearly as much as the city would have had some funds to pay for them with the moratorium being declared on its debt payment s[[that take up half of the budget I might add).

[corktownyuppie]

Reasonable argument. I think that all of Michigan would learn a lot from a Detroit bankruptcy. I wish it didn't have to come that, because I think it's going to hurt a lot of us more than any other alternative.

But...

If the alternative is to drag the city, kicking, screaming, and fighting every reform proposal to the end of due process legally [[a la Matty Maroun and his 5+ year battle to avoid doing what eventually did)

...then I'll take bankruptcy.

I advocate for putting bankruptcy on the table, and offering 3 choices:

[[1) Emergency Management provisions, EM to be chosen by the City Council from a list of 5-10 EMs approved by both Mayor and Governor. But once the EM is in place, no more checks and balances, no more due process. The City Council will act as an advisory body with no voting authority.

[[2) Dissolve into Wayne County Government. This will obviously not go over well with inner ring suburbs, but I'm just throwing it out there.

[[3) Bankruptcy proceedings start immediately.

Let's finally have the debate in public that people have been murmuring in backrooms for years.

[Honky Tonk]

Instead of noticing that the bottom floor of your apartment building [[the foundation) was burning down and putting out the fire in the 1970s through 1990s, it blatantly ignored the city's woes and instead helped direct all of the capital to the city's suburbs through government subsidies and anti-urban legislation.

Maybe if the City had ASKED for help or guidance earlier, the State WOULD have intervened. Just read the rhetoric from those days. SSDD, “keep your hands off of my jewels, and give me your money, I KNOW what I’m doing”. Take a good read of Detroit’s governmental history, its alienating attitudes and policies. What was the State to do? Send in the MI Guard to capture the accounting department? Look @ what’s going on now. No matter who you voted for or what you think of him, the State is here, NOW, just like you asked for. Where are our leaders? @ recess. Rome burns, Nero fiddles.

[Motor City Sam]

Instead of noticing that the bottom floor of your apartment building [[the foundation) was burning down and putting out the fire in the 1970s through 1990s, it blatantly ignored the city's woes and instead helped direct all of the capital to the city's suburbs through government subsidies and anti-urban legislation.

Maybe if the City had ASKED for help or guidance earlier, the State WOULD have intervened. Just read the rhetoric from those days. SSDD, “keep your hands off of my jewels, and give me your money, I KNOW what I’m doing”. Take a good read of Detroit’s governmental history, its alienating attitudes and policies. What was the State to do? Send in the MI Guard to capture the accounting department? Look @ what’s going on now. No matter who you voted for or what you think of him, the State is here, NOW, just like you asked for. Where are our leaders? @ recess. Rome burns, Nero fiddles.

I won't disagree with you about the distrust between the City and State, HT, but it actually goes both ways.

And the State had no problem involving itself in Detroit's affairs when Engler wanted to do things like abolish Recorder's Court, outlaw the Residency requirement, etc. They weren't asked to come in and take those actions.

I think that during the Archer years there was a possibility of collaboration with the State and I think Archer wanted that, but Engler basically slapped his hand away with the Recorder's Court action, Residency, and denying Detroit's ability to open casinos after the City residents voted for them.

Either way, it is obvious that the City's current condition negatively impacts the State, while most directly impacting Detroit residents. And I agree that the blame for that lies mostly with Detroit's elected officials over the years.

[Wesley Mouch]

I won't disagree with you about the distrust between the City and State, HT, but it actually goes both ways.

And the State had no problem involving itself in Detroit's affairs when Engler wanted to do things like abolish Recorder's Court, outlaw the Residency requirement, etc. They weren't asked to come in and take those actions.

I think that during the Archer years there was a possibility of collaboration with the State and I think Archer wanted that, but Engler basically slapped his hand away with the Recorder's Court action, Residency, and denying Detroit's ability to open casinos after the City residents voted for them.

Either way, it is obvious that the City's current condition negatively impacts the State, while most directly impacting Detroit residents. And I agree that the blame for that lies mostly with Detroit's elected officials over the years.

You speak of the State like some kind of outside force. Detroit is in the State of Michigan. The 'they' is us.

[Motor City Sam]

You speak of the State like some kind of outside force. Detroit is in the State of Michigan. The 'they' is us.

Not sure what point you are trying to make here. Obviously, the City of Detroit is part of the State of Michigan. But all through this thread people have used those terms to talk about elected officials at the City and State level. Was that not clear in my post?