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UPDATED: Are over half of Mich African Americans about to be under the control of an Emergency Financial Mgr

UPDATED: Are over half of Mich African Americans about to be under the control of an Emergency Financial Mgr?
Posted: 05 Dec 2012 11:23 AM PST
Look out, Detroit! It’s coming right for ya!

The Detroit Free Press is reporting this afternoon that an Emergency Financial Manager is being called “inevitable” for Detroit. If that happens, over half of the African Americans in Michigan will be under the rule of an Emergency Financial Manager, with little to no say in the operation of their local government.

Remember this chart?

City Population % African American # of African Americans
Benton Harbor 10,038 89.2% 8,954
Detroit 713,777 82.7% 590,294
Ecorse 9,512 46.4% 4,414
Flint 102,434 56.6% 57,978
Inkster 25,369 73.2% 18,570
Pontiac 59,515 52.1% 31,007
Total – – 711,217
[Source: U.S. Census Bureau]

Michigan had 9,883,640 residents in 2010, 14.2% of whom were African Americans for a total of 1,403,477. With the addition of Detroit and Inkster, the percentage of African Americans in Michigan without representative local government will be 50.7%.

Granted, the current law that is in effect, PA72, gives the Emergency Financial Managers a bit less power than the Emergency Managers under the now-repealed PA4. Nonetheless, EFMs control a great deal of what happens once they assume controls and the implications are only very slightly less onerous for African American Michiganders.

Here’s what the Freep is reporting:

Treasurer Andy Dillon has been meeting with Detroit’s elected officials today warning that the city’s financial condition means appointment of an emergency financial manager is all but inevitable, with today’s talks centered on who would be named to the position and what role Mayor Dave Bing and the City Council would have in governing the city, several people familiar with the discussions told the Free Press today.
A ranking city official who spoke only on condition of anonymity said he spoke with Dillon by phone this morning and was told that the Bing administration’s inability to fix Detroit’s immediate cash crisis and enact major financial reform gave the state no choice but to bring in an outside manager. {…}

The ranking city official told the Free Press that Dillon told him: “In about a month’s time they’ll have everything together. He said they won’t let payless paydays happen” and that the state would help the city meet payroll and pay bills while the emergency financial manager implemented tough reforms. He said Dillon said the EFM could turn around the city’s negative finances in about a year.

Several other people with knowledge of the conversations said the state’s frustration over Detroit’s inability to wrest savings from pay cuts and health care and pension benefits from current and city workers was exacerbated by recent Bing administration admissions that Detroit’s cash crisis is worsening by the day. At last count, Detroit was projected to be nearly $47 million short of money it will need to pay employees and its bills and debts by June 30.
Once again, the entire blame appears to being placed on the city workers who, in reality, are NOT the cause of the collapse of Detroit’s tax base. They will, however, be made to pay the price, make no mistake.

It’s interesting to see just how freaked out Republicans are about the prospect of a city like Detroit going bankrupt. Is it possible that it’s because a bankruptcy would financially hurt their business friends more acutely than if they can place all of the pain onto the backs of Detroit city workers? Something to consider…

Meanwhile, Attorney General Bill Schuette is asking for a speedy ruling on whether or not PA72 is actually in effect. A suit filed by Robert Davis alleges that PA72 was ended with the passage of PA4 and with PA4 now repealed, PA72 cannot, by law, be resurrected like a zombie, to walk the earth again, ruling failing cities and disenfranchising its voters.

Also, meanwhile, Republicans are readying a replacement for PA4 and there’s talk they may try to jam it through in the next two weeks before the lame duck session ends.

And so it goes in Michigan. Pray for us. We need it.

UPDATE: State Treasurer and, apparently, former Democrat Andy Dillon has confirmed that Detroit will begin the process for being put under the control of an Emergency Financial Manager:

State Treasurer Andy Dillon said the state will begin a 30-day review of Detroit’s finances in a process that could end with the appointment of an emergency financial manager.
Dillon told The Detroit News in an interview Wednesday that the new review likely will start next week. It’s necessary because the state’s previous review process was done under Public Act 4, which voters repealed in November. The new review would be performed under Public Act 72, the state’s previous emergency manager law.

“There’s been a further deterioration of finances since I last met with the city,” said Dillon, who met today with Mayor Dave Bing and City Council members. “We have to move more quickly than we currently are moving to resolve this.”

Asked if he expected the 30-day process to end in an emergency manager, Dillon said: “I won’t pre-judge, but that is the direction it clearly is headed. Hopefully, we can do this in cooperation with the mayor and council, and not in an adversarial fashion.”

Given the track record Dillon and his team have regarding how they treat cities undergoing this sort of review and the way they have treated Detroit in the past, I can’t imagine why on earth he thinks there might be adversity in this process! Why, I’ll be Detroit officials just roll over, show their bellies and lick his hand. [/sarcasm]

These guys have the bedside manner of the dentist in Little Shop of Horrors. They have created so much angst, animosity, and downright fear in the citizens of most Michigan urban areas that they have a hell of a lot of mending to do before they’ll get cooperation. And, frankly, that’s on them.

As the assault on public education continues in Michigan, those of us who live outside the state need a guide to follow the maneuvers of the anti-public education forces.

A reader in Michigan connected me to this site, Electablog, where I discovered the latest ploy

Voters in Michigan repealed Public Act 4, which authorized the governor to appoint an emergency manager for fiscally stressed districts. These managers had dictatorial powers, overriding locally elected governments. In three districts, the emergency managers were in process of replacing public schools with privatization.

According to this blog, the repeal also nullified an earlier law that preceded PA 4. But the judge decided that the repeal left the earlier law undisturbed. So while the voters rejected the emergency manager concept, their votes did not actually end the emergency manager concept.

The judge said the repel means nothing. Got it?

The Detroit School Board voted to withdraw from the State’s Educational Achievement Authority after voters repeal the act granting broad powers to emergency managers.

Seems that the people in Detroit think they should have something to say about what happens to their public schools and their children. They probably don’t like the idea of turning over Detroit’s schools to a reactionary governor and his designee.

Michigan Governor Rick Snyder was rebuked by voters yesterday as they repealed the law that gave dictatorial powers to emergency managers appointed by the governor to control fiscally distressed districts.

Public Act 4 of 2011 was rejected by a vote of 52-48.

Snyder installed emergency managers to take control of public education in Detroit, Highland Park, and Muskegon Heights. The managers in the two small districts abolished public education and handed the students to for-profit charter chains to run. The Detroit emergency manager imposed a drastic plan to lay off teachers, privatize many schools, and increase class sizes.

The law enabled the governor to suspend democracy and impose one-man rule. It also allowed him to evade the state’s responsibility to provide public schools on every district in the state and to deal with fiscal crises with draconian measures.

Detroit is in turmoil, as reform arrives. Hundreds, perhaps thousands, of teachers don’t know if they have a job.

The reform plan closed a bunch of schools and opened another bunch of schools.

That’s reform.

Open some, close some, see if it works, start over.

Sort of like an old game called 52 Pick-up, where you throw all the cards in the air and see where they land.

This teacher describes what is happening on the ground.

I asked for news about Detroit.

Detroit is one of the trying grounds for corporate reform.

It is a petri dish for reformers to try out their theories.

The district has an intense concentration of racial segregation and poverty and low test scores.

For reformers, this toxic combination suggests that what is needed is school reform, meaning, charter schools run by private management. No part of the reform plan addresses racial segregation and poverty.

We previously learned that the emergency manager decided to create many new privately managed charters. And he imposed a new contract that laid off teachers and will allow class sizes to soar in K-3 to as high as 41 and in 6-12 to as high as 61.

We also noted that charter leaders in Detroit are compensated with higher salaries than public school leaders.

Here is the latest report from Detroit Free Press columnist Rochelle Riley. The “reform” plan abolished a small school for the deaf, probably because it cost too much. The parent of the profoundly deaf student in this article has been told that her daughter should go to school in Flint, not Detroit, or should be mainstreamed.

And inexplicably, a teacher rated effective, who happens to be one of the few black male elementary teachers in the city or state or nation, doesn’t know if he will have a job. Hundreds of teachers are waiting to hear if they have a job when school starts in a few days.

In short, as Riley observes, “Detroit schoolchildren are caught in a chaos of power, lawsuits, lack of staff and major confusion.”

As a general rule, chaos is not good for children.

I received the following comment with links from a reader. Does anyone reading this blog have knowledge of what is happening in Detroit and what is happening now that the “emergency manager” law is under court review?

The following two links show what is happening in Detroit right now. I find it interesting that the first link (which is to the later article), has comments to the effect that the two sides are committed to working together (presumably for the benefit of the students), yet the second link (which was posted a few days earlier) shows exactly the opposite. I so wish these adults would quit acting like three year olds.

http://www.detroitnews.com/article/20120826/SCHOOLS/208260307/DPS-interim-superintendent-waiting-for-PA4-defeat

http://www.detroitnews.com/article/20120824/SCHOOLS/208240360

By the way, is there any indication of what actual class sizes will be in DPS this year?

The Michigan Supreme Court decided that the petitions for a referendum on the emergency manager law are valid, and the referendum will happen in November.

In the meanwhile, the judges said, the EM’s powers are suspended.

Detroit has an emergency manager. What happens there, this teacher wonders:

(I’m a teacher in Michigan.)  It also leaves hanging what will happen to Detroit Public Schools, which are currently being run by an Emergency Financial Manager.  The EFM fired all teachers (requiring them to reapply for their jobs), imposed a 10% pay cut on all teachers, removed class size maximums from the contract (allowing up to 60 students per class at the secondary level), and more.  Since these measures were imposed under a law which has now been suspended and whose fate won’t be decided until well after the new school year begins, what will happen?  Will the measures be abrogated as if they never existed?  What happens to the salary of the EFM?  Will he have to pay it all back? (I have my doubts there, but wouldn’t that be nice?)  If the EFM isn’t allowed to work for three months and quite naturally finds other work and the public–heaven forbid–votes to keep the law, will the district hire a new manager or try to bring back the old one?  This will be interesting to see played out, but it’s disgusting that this legal footwork is dancing on the backs of our children.

Detroit’s state-appointed emergency manager is not only increasing the number of privately managed charter schools, but has imposed a contract that will permit class sizes of 41 in grades K-3 and 61 in grades 6-12.

This is a disgrace, as the children of Detroit are being sacrificed to save money.

Frankly it is strange that the district schools will be replaced by charter schools, because charter schools in Detroit underperform in comparison to the district schools.

As the public schools are strangled and as the emergency manager literally drives children out of them and into the charter schools, the question arises as to whether public education will survive at all in Detroit. Or will the public schools be the dumping ground for the children rejected by the charters? Does the state have an obligation to maintain public education?

In Highland Park, the ACLU is suing the district and the state of Michigan for failing to meet educational standards.

A reader who identifies him/herself as “labor lawyer” answers the question.

If, as seems likely, Detroit lacks the $ to support minimal standards in its public schools, Michigan should step in with supplemental funding. The state created the city and delegated to the city the state’s obligation to educate the children. If the state’s creature (the city) cannot meet its delegated obligation, the state should be held accountable. Viewed in constitutional terms, Michigan is obligated under the 14th Amendment’d Equal Protection clause to treat each citizen more or less the same. By delegating the education responsibility to Detroit and then standing by while Detroit underfunds education (either by political choice or fiscal necessity) and other Michigan communities adequately fund education, Michigan is denying the children in Detroit equal protection.At the federal level, a “no child left behind” concept — if applied literally rather than figuratively/politically — suggests that the federal govt should step in to provide additional funding where a city/state cannot afford to adequately fund the public schools. But don’t hold your breath waiting for the Republicans (or the Obama/Duncan Dept of Ed) who love NCLB to put their $ where their mouths are and actually spend some federal $ helping the Detroit children who are being left behind.

A second comment by Labor lawyer:

The Detroit teachers union, the Detroit NAACP, and/or an adhoc group of Detroit parents (perhaps a city-wide PTA organization) would be the logical plaintiffs for such a lawsuit against the state of Michigan alleging the 14th Amendment equal protection violation. The federal obligation is political, not legal. It would be a real stretch to convince a court that the 14th Amendment’s equal protection clause requires the federal govt to insure that a state provides at least minimally-adequate funding for each student (the 14th amendment requires a state to treat its citizens equally and requires the federal govt to treat US citizens equally but does not require the federal govt to force the states to treat their citizens equally) + the amount of federal $ spent on K-12 education is such a small percentage of the total K-12 spending that differences in federal funding between Detroit and other cities would not rise to the level of a federal equal protection violation.

A third comment from same:

Unfortunately, the battle against most of the corporate education reform has to be fought politically rather than legally.

Detroit (and some other inner-city school systems) are extreme examples where the school funding is collapsing relative to funding elsewhere in the state — usually due primarily to collapsing inner-city property values/property taxes.

In other words, the equal protection violation arises due to unequal funding. If the per pupil funding is roughly equal between two school systems in a state (or, more precisely, if the two school systems each provide enough per pupil funding to meet a minimally-adequate standard), it’s extremely difficult to argue that the manner in which the $ is spent creates an equal protection violation. If School System A decides to spend its $ on charters or vouchers and School System B decides to spend its $ on neighborhood public schools, the courts will see this a policy decisions properly committed to the elected officials rather than an equal protection violation.

Always happy to get free legal advice!

Remember that the emergency manager in Detroit imposed a new teachers’ contract in which class sizes would be allowed to rise to absurd levels?

Remember that the contract permits classes of up to 41 children in grades K-3, up to 61 children in grades 6-12?

Remember all that?

The emergency manager just said in an opinion article in the Detroit Free Press that “it’s a good contract for our children.”

Yes, it’s always “for the chidden.”

It’s for the children when they test them and rank them by their scores.

It’s for the children when they lay off their teachers.

It’s for the children when they lay off the school nurse and the social worker and the librarian.

It’s for the children when they close their school.

It’s for the children when they privatize public education.

No matter what you think, no matter what it appears to be: It’s for the children.