|By PR Newswire||
|December 10, 2012 11:51 AM EST||
Same law, different day is proposed by right-wing leadership in Lansing
DETROIT, Dec. 10, 2012 /PRNewswire-USNewswire/ -- The organizers of the statewide coalition Stand Up for Democracy continue to urge state leaders to respect the will of voters who resoundingly rejected PA 4 aka the emergency manager law with a new replacement law. An analysis of that law that is expected to pass in the lame duck session this week demonstrates it is clearly that the same as the one voters rejected.
The analysis was created by Nick Ciaramitaro, a lobbyist for Michigan AFSCME Council 25. The organization is one of the partners in the Stand Up for Democracy statewide coalition.
Senate Bill 865 (H-5) analysis
Senate Bill 865 (H-5) will likely be considered by both the House and the Senate Tuesday. The bill re-enacts many of the worst provisions of PA 4, in effect negating much the decision made by the people of the State of Michigan. Worse, the proponents of this bill (including Governor Snyder) are misrepresenting much of its contents expecting that most legislators will not read the actual language of the bill. Here is what the bill does. To demonstrate the lengths to which the Snyder Administration will go to mislead voters I have put the portions of the bill that are identical to PA 4 in red in a copy of this text on the Michigan AFSCME Council 25 website.
Even the title of the bill belies the dishonesty of those who suggest that this is not re-enactment of PA 4. In provides that this is a bill to (among other things):
- "to provide for review, management, management, planning and control of financial operation of local units of government and school districts"
- "to provide for the appointment and to prescribe the powers and duties of an emergency manager for a local unit of government or school district
- "to provide for the modification or termination of contracts under certain circumstances"
The title also makes clear that the bill provides for an appropriation thereby nullifying the right of referendum.
The short title for the bill is the "local government and school district fiscal responsibility act"
Legislation intent language virtually identical to PA 4
Provisions for preliminary reviews by the "state financial authorities" same as in PA 4 ("state financial authorities defined in Section 2 as the State Treasurer for municipalities and the State Superintendent of Public Instruction) to determine "probable financial stress" under same criteria as PA 4 including "other facts or circumstances … in the treasurer's sole discretion for a municipal government … or .. in the state treasurer's or superintendent of public instruction's sole discretion for a school district …"
There is a brief 5-day "response period" provided for local governments to react to interim reports before the issuance of the preliminary report that may be new.
If there is a preliminary finding of probable financial stress a review team is formed. The composition and responsibilities of the review team are the same as PA 4 except that the review team is not empowered to negotiate a consent agreement at this point. Actions of previous review teams under PA 4 are ratified. In fact, all prior acts are ratified.
There continues to be no requirement that review teams comply with either the Open Meetings Act or the Freedom of Information Act.
The bill requires that the review team hold at least one public "information" meeting in the local jurisdiction. There is no requirement that any comments be taken from the public.
Most of the rest of the powers and responsibilities including reporting and appeal procedures are essentially the same as PA 4. This includes findings of "structural" operating deficits (undefined) and open ended, unsubstantiated conclusion of things that may happen in the future.
The major change is that the review team is restricted to one of only two findings: there is or there is not a "financial emergency." This point becomes more significant later as the new proposal does allow options as will be explained later.
This section deals with the Governor's determination based on the report of the review team and the appeal process is essentially the same as PA 4 except the determination is limited to the question of whether or not a financial emergency exists.
This section contains the major change from PA 4. Rather than a fiscal emergency triggering receivership, it triggers 4 options:
- a consent agreement
- an emergency manager
- a neutral evaluation process
- Chapter 9 bankruptcy.
Each of these options is explained in detail in subsequent sections of the bill. The local government must make up its mind with 7 days (and an elected mayor must join in the agreement if there is one) but the default if no decision is made locally is the neutral evaluation process.
Provisions concerning a consent agreement are essentially the same with one major exception. A default can lead to either an emergency manager or the neutral evaluation process at the choice of the State Treasurer. It also adds the power to waive the suspension of PERA (which currently exists under PA 4) to the State Treasurer.
This section governs the appointment of an emergency manager and is essentially unchanged from PA 4 except that a local government is given the authority to remove an emergency manager by a 2/3 vote after one year in office. Such action may but is not required to result in the removal of the unit of government from receivership. In addition, a local unit of government may petition the State Treasurer or the Governor to remove an emergency manager in the first year. The State agrees to assume the salary (but not expenses or other costs) of the manager. All existing emergency financial managers are grand parented in.
This section reinstates the powers of an emergency manager essentially the same as under PA 4.
This section reinstates powers of an emergency manager essentially identical to PA 4.
Reenacts all of the onerous powers of an emergency manager as provided in PA 4 including contract abrogation, dissolution of communities, usurpation of powers of local officials and more.
Reenacts provisions of PA 4 suspending wages and benefits of local elected officials during receivership.
Reenacts powers of an Emergency Manager of a school district as provided in PA 4.
Requires the approval of the State Treasurer to sell assets valued at more than $50,000. Reenacts provisions of PA 4 protecting collective agreement provisions for payment of benefits upon the active duty death of a police officer or firefighter.
Provides for referral of criminal matters to the Attorney General and local prosecutor as in PA 4.
Reporting requirements of an Emergency Manager similar to PA 4.
Provisions for an emergency manager to recommend Chapter 9 bankruptcy to the Governor and the State Treasurer.
This section is one of the few "concessions" made to the demand of the people of the state of Michigan for local democracy and even here they mess it up.
The section requires that before an emergency manager abrogates a collective bargaining agreement, borrows money or sells assets with a value in excess of $50,000, he/she shall submit the proposal to the local government. The local government has 7 days to approve or disapprove the action. If it does not act, the action is considered approved. If it disapproves, it has 10 days to submit a fiscally equivalent option to the local emergency financial assistance loan board who then have 30 days to pick one. The members of the local emergency financial assistance loan board are three members of the Governor's cabinet including and chaired by the State Treasurer.
Immunity and Attorney general responsibilities essentially the same as in PA 4.
Two year carry over for budget and working conditions as in PA 4 and 1 year carryover of ordinances as in PA 4 from end of receivership.
Allows the governor to impose "best practices" (undefined), a model charter or model charter provisions (undefined) and management training as a condition to the end of receivership.
Provides for an "advisory board" that excludes all local participation to continue state intervention as a transition from receivership at the option of the governor. The board "advises" mostly its own members. It does provide for open meetings act and freedom of information act application to this board.
Allows the governor to appoint a new emergency manager on his own initiative upon recommendation of the transition board provided for above.
Provides for a neutral arbitration option similar to a successful provision in California law with a number of seemingly harsh provisions including:
- receivership if the local unit of government fails to send notice to all interested parties within 7 days of picking the option;
- the unfettered right of the State Treasurer to reject a settlement reached through the neutral arbitration process;
- inability to extend the process beyond 90 days when both parties agree that such an extension is warranted.
Provides for ability of a local unit of government file under Chapter 9 of the federal bankruptcy act with the consent of the Governor.
Reenacts provisions of PA 4 concerning suspension of collective bargaining rights under receivership.
Identical limitations on new taxes as in PA 4.
Bulletin and rule authority for the State Treasurer and the State Superintendent of Public Instruction.
Reaffirms all actions taken heretofore under PA 4 and 72.
Grandparents all existing emergency managers and emergency financial managers
Immunity for all state players.
Section 34 and 35
Appropriations to prevent another referendum
Enacting section 1
Repeals PA 72.
Enacting section 2.
Legislative intent that this act is a successor statute to PA 4 and attempts to incorporate changes to other acts that only applied to PA 4.
SOURCE Stand Up for Democracy
We are rapidly moving to a brave new world of interconnected smart homes, cars, offices and factories known as the Internet of Things (IoT). Sensors and monitoring devices will touch every part of our lives. Let's take a closer look at the Internet of Things. The Internet of Things is a worldwide network of objects and devices connected to the Internet. They are electronics, sensors, software and more. These objects connect to the Internet and can be controlled remotely via apps and programs. Because they can be accessed via the Internet, these devices create a tremendous opportunity to inte...
Nov. 26, 2015 02:15 PM EST Reads: 491
Today air travel is a minefield of delays, hassles and customer disappointment. Airlines struggle to revitalize the experience. GE and M2Mi will demonstrate practical examples of how IoT solutions are helping airlines bring back personalization, reduce trip time and improve reliability. In their session at @ThingsExpo, Shyam Varan Nath, Principal Architect with GE, and Dr. Sarah Cooper, M2Mi’s VP Business Development and Engineering, explored the IoT cloud-based platform technologies driving this change including privacy controls, data transparency and integration of real time context with p...
Nov. 26, 2015 01:00 PM EST Reads: 383
We all know that data growth is exploding and storage budgets are shrinking. Instead of showing you charts on about how much data there is, in his General Session at 17th Cloud Expo, Scott Cleland, Senior Director of Product Marketing at HGST, showed how to capture all of your data in one place. After you have your data under control, you can then analyze it in one place, saving time and resources.
Nov. 26, 2015 12:00 PM EST Reads: 143
The Internet of Things (IoT) is growing rapidly by extending current technologies, products and networks. By 2020, Cisco estimates there will be 50 billion connected devices. Gartner has forecast revenues of over $300 billion, just to IoT suppliers. Now is the time to figure out how you’ll make money – not just create innovative products. With hundreds of new products and companies jumping into the IoT fray every month, there’s no shortage of innovation. Despite this, McKinsey/VisionMobile data shows "less than 10 percent of IoT developers are making enough to support a reasonably sized team....
Nov. 26, 2015 11:00 AM EST Reads: 441
Just over a week ago I received a long and loud sustained applause for a presentation I delivered at this year’s Cloud Expo in Santa Clara. I was extremely pleased with the turnout and had some very good conversations with many of the attendees. Over the next few days I had many more meaningful conversations and was not only happy with the results but also learned a few new things. Here is everything I learned in those three days distilled into three short points.
Nov. 26, 2015 10:00 AM EST Reads: 282
DevOps is about increasing efficiency, but nothing is more inefficient than building the same application twice. However, this is a routine occurrence with enterprise applications that need both a rich desktop web interface and strong mobile support. With recent technological advances from Isomorphic Software and others, rich desktop and tuned mobile experiences can now be created with a single codebase – without compromising functionality, performance or usability. In his session at DevOps Summit, Charles Kendrick, CTO and Chief Architect at Isomorphic Software, demonstrated examples of com...
Nov. 26, 2015 09:45 AM EST Reads: 363
As organizations realize the scope of the Internet of Things, gaining key insights from Big Data, through the use of advanced analytics, becomes crucial. However, IoT also creates the need for petabyte scale storage of data from millions of devices. A new type of Storage is required which seamlessly integrates robust data analytics with massive scale. These storage systems will act as “smart systems” provide in-place analytics that speed discovery and enable businesses to quickly derive meaningful and actionable insights. In his session at @ThingsExpo, Paul Turner, Chief Marketing Officer at...
Nov. 26, 2015 09:30 AM EST Reads: 370
In his keynote at @ThingsExpo, Chris Matthieu, Director of IoT Engineering at Citrix and co-founder and CTO of Octoblu, focused on building an IoT platform and company. He provided a behind-the-scenes look at Octoblu’s platform, business, and pivots along the way (including the Citrix acquisition of Octoblu).
Nov. 26, 2015 09:00 AM EST Reads: 474
In his General Session at 17th Cloud Expo, Bruce Swann, Senior Product Marketing Manager for Adobe Campaign, explored the key ingredients of cross-channel marketing in a digital world. Learn how the Adobe Marketing Cloud can help marketers embrace opportunities for personalized, relevant and real-time customer engagement across offline (direct mail, point of sale, call center) and digital (email, website, SMS, mobile apps, social networks, connected objects).
Nov. 26, 2015 08:45 AM EST Reads: 263
The Internet of Everything is re-shaping technology trends–moving away from “request/response” architecture to an “always-on” Streaming Web where data is in constant motion and secure, reliable communication is an absolute necessity. As more and more THINGS go online, the challenges that developers will need to address will only increase exponentially. In his session at @ThingsExpo, Todd Greene, Founder & CEO of PubNub, exploreed the current state of IoT connectivity and review key trends and technology requirements that will drive the Internet of Things from hype to reality.
Nov. 26, 2015 06:45 AM EST Reads: 399
Two weeks ago (November 3-5), I attended the Cloud Expo Silicon Valley as a speaker, where I presented on the security and privacy due diligence requirements for cloud solutions. Cloud security is a topical issue for every CIO, CISO, and technology buyer. Decision-makers are always looking for insights on how to mitigate the security risks of implementing and using cloud solutions. Based on the presentation topics covered at the conference, as well as the general discussions heard between sessions, I wanted to share some of my observations on emerging trends. As cyber security serves as a fou...
Nov. 26, 2015 06:15 AM EST Reads: 300
Continuous processes around the development and deployment of applications are both impacted by -- and a benefit to -- the Internet of Things trend. To help better understand the relationship between DevOps and a plethora of new end-devices and data please welcome Gary Gruver, consultant, author and a former IT executive who has led many large-scale IT transformation projects, and John Jeremiah, Technology Evangelist at Hewlett Packard Enterprise (HPE), on Twitter at @j_jeremiah. The discussion is moderated by me, Dana Gardner, Principal Analyst at Interarbor Solutions.
Nov. 26, 2015 03:45 AM EST Reads: 693
Too often with compelling new technologies market participants become overly enamored with that attractiveness of the technology and neglect underlying business drivers. This tendency, what some call the “newest shiny object syndrome” is understandable given that virtually all of us are heavily engaged in technology. But it is also mistaken. Without concrete business cases driving its deployment, IoT, like many other technologies before it, will fade into obscurity.
Nov. 26, 2015 03:00 AM EST Reads: 307
With all the incredible momentum behind the Internet of Things (IoT) industry, it is easy to forget that not a single CEO wakes up and wonders if “my IoT is broken.” What they wonder is if they are making the right decisions to do all they can to increase revenue, decrease costs, and improve customer experience – effectively the same challenges they have always had in growing their business. The exciting thing about the IoT industry is now these decisions can be better, faster, and smarter. Now all corporate assets – people, objects, and spaces – can share information about themselves and thei...
Nov. 26, 2015 02:00 AM EST Reads: 193
The Internet of Things is clearly many things: data collection and analytics, wearables, Smart Grids and Smart Cities, the Industrial Internet, and more. Cool platforms like Arduino, Raspberry Pi, Intel's Galileo and Edison, and a diverse world of sensors are making the IoT a great toy box for developers in all these areas. In this Power Panel at @ThingsExpo, moderated by Conference Chair Roger Strukhoff, panelists discussed what things are the most important, which will have the most profound effect on the world, and what should we expect to see over the next couple of years.
Nov. 26, 2015 01:30 AM EST Reads: 438
Growth hacking is common for startups to make unheard-of progress in building their business. Career Hacks can help Geek Girls and those who support them (yes, that's you too, Dad!) to excel in this typically male-dominated world. Get ready to learn the facts: Is there a bias against women in the tech / developer communities? Why are women 50% of the workforce, but hold only 24% of the STEM or IT positions? Some beginnings of what to do about it! In her Day 2 Keynote at 17th Cloud Expo, Sandy Carter, IBM General Manager Cloud Ecosystem and Developers, and a Social Business Evangelist, wil...
Nov. 26, 2015 12:00 AM EST Reads: 532
PubNub has announced the release of BLOCKS, a set of customizable microservices that give developers a simple way to add code and deploy features for realtime apps.PubNub BLOCKS executes business logic directly on the data streaming through PubNub’s network without splitting it off to an intermediary server controlled by the customer. This revolutionary approach streamlines app development, reduces endpoint-to-endpoint latency, and allows apps to better leverage the enormous scalability of PubNub’s Data Stream Network.
Nov. 26, 2015 12:00 AM EST Reads: 288
Discussions of cloud computing have evolved in recent years from a focus on specific types of cloud, to a world of hybrid cloud, and to a world dominated by the APIs that make today's multi-cloud environments and hybrid clouds possible. In this Power Panel at 17th Cloud Expo, moderated by Conference Chair Roger Strukhoff, panelists addressed the importance of customers being able to use the specific technologies they need, through environments and ecosystems that expose their APIs to make true change and transformation possible.
Nov. 26, 2015 12:00 AM EST Reads: 493
Microservices are a very exciting architectural approach that many organizations are looking to as a way to accelerate innovation. Microservices promise to allow teams to move away from monolithic "ball of mud" systems, but the reality is that, in the vast majority of organizations, different projects and technologies will continue to be developed at different speeds. How to handle the dependencies between these disparate systems with different iteration cycles? Consider the "canoncial problem" in this scenario: microservice A (releases daily) depends on a couple of additions to backend B (re...
Nov. 25, 2015 10:00 PM EST Reads: 398
I recently attended and was a speaker at the 4th International Internet of @ThingsExpo at the Santa Clara Convention Center. I also had the opportunity to attend this event last year and I wrote a blog from that show talking about how the “Enterprise Impact of IoT” was a key theme of last year’s show. I was curious to see if the same theme would still resonate 365 days later and what, if any, changes I would see in the content presented.
Nov. 25, 2015 09:00 PM EST Reads: 373