Tuesday, April 20, 2010

Michigan Emergency Financial Manager Oversight Bills

Michigan House introduced a Bill to establish legislative oversight of emergency financial managers.  I thought it would be quite nice for the people to be able to participate in the process, instead of having the arrogant and exclusive secret-decoder-ring-society like they have in a particular university department.

The best part is I wrote this to be quick and cheap...and for other purposes.


HOUSE BILL No.______

______________, 2010, Introduced by Reps. ___________ and _________ and referred to the Committee on __________________.

A bill to create the MICHIGAN EMERGENCY FINANCIAL COMMISSION ACT” by adding SECTION 411 TO CHAPTER 16 entitled
" EMERGENCY FINANCIAL COMMISSION ACT
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
SEC.311.
(1) THE MICHIGAN EMERGENCY FINANCIAL COMMISSION IS CREATED WITH IN THE DEPARTMENT OF EDUCATION.
(2) THE COMMISSION SHALL CONSIST OF 13 MEMBERS APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE.  THE GOVERNOR SHALL SELECT MEMBERS WHO ARE EXPERIENCED IN THE EDCUATION, ADMINISTRATION, FINANCE, HEALTHCARE INDUSTRY OR AN ASSOCIATED FIELD AND REPRESENTATIVES OF THE COMMUNITY. MEMBERS OF THE COMMISSION SHALL BE REPRESENTATIVE OF ALL GEOGRAPHIC AREAS OF THE STATE.  NOT LESS THAN 7 MEMBERS OF THE COMMISSION SHALL BE OWNERS AND OPERATORS OF FOR-PROFIT BUSINESSES FROM THE PRIVATE SECTOR OF THE EDUCATION, ADMINISTRATION, FINANCE, AND HEALTHCARE INDUSTRY AND SHALL BE EXPERIENCED IN THE EDUCATIO, ADMINISTRATION, FINANCE AND HEALTHCARE INDUSTRY. OF THE 7 MEMBERS APPOINTED FROM THE PRIVATE SECOTR NOT LESS THAN 4 MEMBERS SHALL BE OWNERS AND OPERATORS OF SMALL BUSINESSES.  AS USED IN THIS SECTION, “SMALL BUSINESSES” MEANS BUSINESS CONCERNS INCORPORATED OR DOING BUSINESS IN THIS STATE WHICH EMPLOY NOT MORE THAN 100 FULL-TIME OR PART-TIME EMPLOYEES.
(3) A MEMBER OF THE COMMISSION SHALL BE APPOINTED FOR A TERM OF 4 YEARS.  NO MEMBER MAY SERVE MORE THAN 2 FULL 4-YEAR TERMS. A VACANCY ON THE COMMISSION SHALL BE FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT.
(4) THE MEMBERS OF THE COMMISSION SHALL SERVE WITHOUT COMPENSATION. HOWEVER, MEMBERS OF THE COMMISSION MAY BE REIMBURSED FOR THEIR EXPENSES INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES NOT TO EXCEED 25 DAYS IN A FISCAL YEAR PURSUANT TO THE STANDARD TRAVEL REGULATIONS OF THE DEPARTMENT OF MANAGEMENT AND BUDGET.
(5) THE CCOMMISSION SHALL RECOMMEND BY NAME THE APPOINTMENT OF THE EMERGENCY FINANCIAL MANAGER TO THE SUPERINTENDENT OF THE DEPARTMENT OF EDUCATION, AND ELECT FROM ITS MEMBERSHIP ANNUALLY A CHAIR AND VICE-CHAIR. THE COMMISSION SHALL MEET AT LEAST QUARTERLY, OR MORE FREQUENTLY IF REQUESTED BY 8 OR MORE MEMBERS, OR AT THE CALL OF THE CHAIR.
(A)THE SAID EMERGENCY FINANCIAL MANAGER SHALL BE UNDER THE CONTROL AND MANAGEMENT OF THE COMMISSION, WHOSE APPOINTMENT AND DUTIES ARE PROVIDED IN ACT NO.243 OF THE PUBLIC ACTIONS OF 1980 BEING SECTIONS 141.931 to 141.942 OF THE MICHIGAN COMPILED LAWS AND AS FURTHER EXPRESSLY PROVIDED FOR IN THIS ACT. THE COMMISSION SHALL APPOINT THE EMERGENCY FINANCIAL MANAGER, AND SUCH OTHER OFFICERS AND EMPLOYEES AS IT SHALL DEEM NECESSAY, WHO SHALL SEVERALLY HOLD THEIR OFFICES AND POSITIONS DURING THE PLEASURE OF THE COMMISSION.
(6) A MEMBER OF THE COMMISSION MAY BE REMOVED FROM OFFICE BY THE GOVERNOR IN ACCORDANCE WITH SECTION 10 OF ARTICLE V OF THE STATE CONSTITUTION OF 1963.
(7) A MAJORITY OF THE COMMISSION CONSTITUTES A QUORUM FOR THE TRANSACTION OF BUSINESS AT A MEETING OF THE COMMISSION. A MAJORITY VOTE OF THE MEMBERS PRESENT AND SERVING IS REQUIRED FOR OFFICIAL ACTION OF THE MICHIGAN EMERGENCY FINANCIAL COMMISSION.
(8) THE BUSINESS OF THE MICHIGAN EMERGENCY FINANCIAL COMMISSION SHALL BE CONDUCTED AT A PUBLIC MEETING OF THAT COMMISSION, HELD IN COMPLIANCE WITH THE OPEN MEETINGS ACT, ACT NO. 267 OF THE PUBLIC ACTS OF 1976, BEING SECTIONS 15.261 TO 15.275 OF THE MICHIGAN COMPILED LAWS
(9) A DOCUMENT PREPARED, OWNED, USED, IN THE POSSESSION OF, OR RETAINED BY THE MICHIGAN EMERGENCY FINANCIAL COMMISSION IN THE PERFORMANCE OF AN OFFICIAL FUNCTION IS SUBJECT TO THE FREEDOM OF INFORMATION ACT, ACT NO. 442 OF THE PUBLIC ACTS OF 1976, BEING SECTIONS 15.231 to 15.246 OF THE MICHIGAN COMPILED LAWS.
HOUSE BILL No.______

______________, 2010, Introduced by Reps. ___________ and _________ and referred to the Committee on __________________.

A bill to amend 1990 PA 72, entitled
" Local Government Fiscal Responsibility Act"
 (MCL 141.1201 to 141.1291) by adding in section 141.1218 SECTION (3)

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:


141.1218 Assigning responsibility for managing local government financial emergency; appointment, qualifications, and term of emergency financial manager; compensation and expenses; staff and professional assistance.

Sec. 18. (1) If the governor determines that a financial emergency exists under section 15, the governor shall assign the responsibility for managing the local government financial emergency to the local emergency financial assistance loan board created under the emergency municipal loan act, Act No. 243 of the Public Acts of 1980, being sections 141.931 to 141.942 of the Michigan Compiled Laws. The local emergency financial assistance loan board shall appoint an emergency financial manager. The emergency financial manager shall be chosen solely on the basis of his or her competence and shall not have been either an elected or appointed official or employee of the local government for which appointed for not less than 5 years before the appointment. The emergency financial manager need not be a resident of the local government for which he or she is appointed. The emergency financial manager shall serve at the pleasure of the local emergency financial assistance loan board. The emergency financial manager shall be entitled to compensation and reimbursement for actual and necessary expenses from the local government as approved by the local emergency financial assistance loan board. In addition to staff otherwise authorized by law, with the approval of the local emergency financial assistance loan board, the emergency financial manager may appoint additional staff and secure professional assistance considered necessary to implement this article.
(2) An emergency financial manager appointed under the local government fiscal responsibility act, former Act No. 101 of the Public Acts of 1988, and serving on the effective date of this act, except as provided in subsection (1), shall continue under this act to fulfill his or her powers and duties.
(3)THE APPOINTMENT OF THE EMERGENCY FINANCIAL MANAGER SHALL BE TRANSFERRED BY A TYPE II TRANSFER TO THE DEPARTMENT OF EDUCATION AS PROVIDED FOR IN EXECUTIVE REORGANIZATION ORDER NO. 2003-2 OF THE PUBLIC ACTS OF 1965, BEING CHAPTER 388.977 OF THE MICHIGAN COMPILED LAWS.
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