Minni’s Morning Coffee: PA4 Repealed, Now What?

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The Michigan Supreme Court on Friday ruled that PA4, the state’s controversial emergency manager law, be put on the November ballot for Michigan voters to decide it’s fate in the November election.

But now that the law has been put to a vote of the people, it is technically not a law (quite yet) anymore until the people decide. So the emergency manager law may be suspended until November, although lawsuits are set to fly on whether it should be.

Gov. Rick Snyder  has said that everything done thus far under PA4 will not suddenly be erased, but no new developments cannot be made until the November vote. Current emergency managers will have to take a demotion for a few months and go back o the the powers they had under the former emergency manager law, passed in 1990.

The 1990 law does not give emergency managers as much power. One key difference is that it forbids an E.M. to shape collective bargaining agreements.

The Detroit Free Press report quoted one lawyer, John Philo, legal director of the Sugar Law Center for Economic and Social Justice in Detroit saying:

“…Going forward, anything under the consent agreement that is ostensibly under Public Act 4 can’t be taken – anything that’s clearly a Public Act 4 power is suspended. It raises serious questions about any continuing powers for the Financial Advisory Board and some of the powers granted to the program management director.”

There are other lawyers like Donato Lorio, a lawyer for the Detroit Police Officers Association, who believe city’s recent pay and benefits cuts imposed on city labor unions are now “null and void.”

Whatever the case, Detroit is in for another round of turbulent debates and Michiganders will face a big decision come November. No more bickering from the sidelines, people get a chance to once and for all put this controversial law to rest.

But it does raise the question: If there’s no strong emergency manager law, then what’s in store for DPS and other cities facing financial crisis?

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