| Author
|
Post |
 
|
|
untanglingwebs
El Supremo
|
Lawsuit: Appointment of Flint emergency manager violates Michigan constitution
Published: Thursday, June 14, 2012, 7:50 AM Updated: Thursday, June 14, 2012, 9:10 AM
By Kristin Longley | klongley1@mlive.com
FLINT, MI -- A trio of Flint residents is suing the governor, other state officials and Flint emergency manager Michael Brown, saying Brown's appointment violates the Michigan constitution.
The residents claim that the state violated the Headlee Amendment to the state constitution in forcing the city of Flint to pay for an emergency manager and his mandates
Samuel Sutton Jr., Willie Timmons and Woody Etherly Jr. filed the lawsuit Wednesday in Ingham County Circuit Court.
]
.
The Headlee Amendment, passed by Michigan voters in 1978, requires the state to reimburse local governments for any new state-mandated programs.
Brown was appointed by Gov. Rick Snyder on Dec. 1, and his $170,000 annual salary is paid by the city of Flint as required by the state's emergency manager law, Public Act 4.
Brown declined to comment on the lawsuit Wednesday, saying he would refer the matter to the city's legal department.
The lawsuit calls for a court order removing Brown from office and voiding any actions he's taken while in office, as well as reimbursement from the state for any costs.
"The compensation in the defendant emergency manager Brown's contract for emergency manager services... must be paid for by the defendant state of Michigan and not by the 'financially distressed' city of Flint," the lawsuit states.
A representative of the governor's office could not be reached for comment.
The Flint residents are represented by attorney Andrew Paterson, who argued a similar suit opposing the Highland Park School District emergency manager filed in April by school board member Robert Davis
.
In that case, Ingham County Circuit Court Judge William Collette ruled that Public Act 4, the state's emergency manager law, violates the Headlee Amendment by forcing local governments to pay for the emergency manager costs, Paterson said.
"(The Flint plaintiffs) are asking the state to either properly fund Mr. Brown's salary and activities or to prohibit them and remove him, if unfunded," Paterson said in an email.
Paterson said the case has been assigned to Ingham Circuit Court Judge Clinton Canady III. A hearing had not yet been scheduled as of Wednesday afternoon.
Kristin Longley can be reached at 810-429-5333. You can also follow her on Twitter @KristinLongley or subscribe on Facebook. |
|
|
Thu Jun 14, 2012 8:38 am |
|
|
untanglingwebs
El Supremo
|
| Sutton announced this lawsuit at the United for Progress meeting. He said the lawsuit would be Andrew Paterson and Carl Marlinga. |
|
|
|
Thu Jun 14, 2012 8:41 am |
|
|
untanglingwebs
El Supremo
|
ableroone
It is troubling to say the least that We the People must resort to the courts to undo what is a blatant violation and disregard of our Constitutional rights. Especially when one takes into account the partisan complexion of the present courts.
Samuel Sutton Jr., Willie Timmons and Woody Etherly Jr. are to be commended for their Due Diligence in taking this Administration to task!
While it's defiantly a step in the right direction, this law suit in my view doesn't go far enough.
Ignoring the Headlee Amendment is just the tip of the ice berg. The Dictatorial Powers bestowed upon the EFMs are arguably outside the realm of our Constitution as well.The wisdom in addressing one step at a time may be the best approach.
Let us hope justice is blind and the issues will receive a fair and proper hearing.
dir527
So, let me get this straight. Everyone is more concerned about HOW the EFM was put in charge and would rather see Flint go back to the overwhelming successful and efficient way the city was ran in previous years!
He is actually working to sort out the mess and the response of three crybabies is (in true ghetto style):
we shouldn't have to pay for that.
Apparently everyone has the wrong impression of Flint, we obviously are a healthy, happy, prosperous community with no problems at all. How silly of them, after all we were just deemed number 1 in something!
NotaDNotanR
What I want to know is who will prosecute those who KNOWINGLY conspired to violate the State Constitution?
We're always hearing about 'enforcing the rule of law;' how about enforcing it against 'rich and powerful criminals' instead of just 'the poorest schleps we could find?'
|
|
|
|
Thu Jun 14, 2012 8:46 am |
|
|
|
FAQ
Search
Memberlist
Register
Profile
FlintTalk.com Forum Index
> Political Talk
