|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
In addition to all the benefits, IoT is also bringing new kind of customer experience challenges - cars that unlock themselves, thermostats turning houses into saunas and baby video monitors broadcasting over the internet. This list can only increase because while IoT services should be intuitive and simple to use, the delivery ecosystem is a myriad of potential problems as IoT explodes complexity. So finding a performance issue is like finding the proverbial needle in the haystack.
Jul. 1, 2016 10:45 AM EDT Reads: 513
Machine Learning helps make complex systems more efficient. By applying advanced Machine Learning techniques such as Cognitive Fingerprinting, wind project operators can utilize these tools to learn from collected data, detect regular patterns, and optimize their own operations. In his session at 18th Cloud Expo, Stuart Gillen, Director of Business Development at SparkCognition, discussed how research has demonstrated the value of Machine Learning in delivering next generation analytics to imp...
Jul. 1, 2016 10:30 AM EDT Reads: 1,047
Whether your IoT service is connecting cars, homes, appliances, wearable, cameras or other devices, one question hangs in the balance – how do you actually make money from this service? The ability to turn your IoT service into profit requires the ability to create a monetization strategy that is flexible, scalable and working for you in real-time. It must be a transparent, smoothly implemented strategy that all stakeholders – from customers to the board – will be able to understand and comprehe...
Jul. 1, 2016 10:00 AM EDT Reads: 445
Extracting business value from Internet of Things (IoT) data doesn’t happen overnight. There are several requirements that must be satisfied, including IoT device enablement, data analysis, real-time detection of complex events and automated orchestration of actions. Unfortunately, too many companies fall short in achieving their business goals by implementing incomplete solutions or not focusing on tangible use cases. In his general session at @ThingsExpo, Dave McCarthy, Director of Products...
Jul. 1, 2016 09:49 AM EDT Reads: 158
The cloud market growth today is largely in public clouds. While there is a lot of spend in IT departments in virtualization, these aren’t yet translating into a true “cloud” experience within the enterprise. What is stopping the growth of the “private cloud” market? In his general session at 18th Cloud Expo, Nara Rajagopalan, CEO of Accelerite, explored the challenges in deploying, managing, and getting adoption for a private cloud within an enterprise. What are the key differences between wh...
Jul. 1, 2016 09:30 AM EDT Reads: 1,160
Ask someone to architect an Internet of Things (IoT) solution and you are guaranteed to see a reference to the cloud. This would lead you to believe that IoT requires the cloud to exist. However, there are many IoT use cases where the cloud is not feasible or desirable. In his session at @ThingsExpo, Dave McCarthy, Director of Products at Bsquare Corporation, will discuss the strategies that exist to extend intelligence directly to IoT devices and sensors, freeing them from the constraints of ...
Jul. 1, 2016 09:12 AM EDT Reads: 181
The IoT is changing the way enterprises conduct business. In his session at @ThingsExpo, Eric Hoffman, Vice President at EastBanc Technologies, discussed how businesses can gain an edge over competitors by empowering consumers to take control through IoT. He cited examples such as a Washington, D.C.-based sports club that leveraged IoT and the cloud to develop a comprehensive booking system. He also highlighted how IoT can revitalize and restore outdated business models, making them profitable ...
Jul. 1, 2016 09:00 AM EDT Reads: 649
IoT offers a value of almost $4 trillion to the manufacturing industry through platforms that can improve margins, optimize operations & drive high performance work teams. By using IoT technologies as a foundation, manufacturing customers are integrating worker safety with manufacturing systems, driving deep collaboration and utilizing analytics to exponentially increased per-unit margins. However, as Benoit Lheureux, the VP for Research at Gartner points out, “IoT project implementers often ...
Jul. 1, 2016 08:45 AM EDT Reads: 771
When people aren’t talking about VMs and containers, they’re talking about serverless architecture. Serverless is about no maintenance. It means you are not worried about low-level infrastructural and operational details. An event-driven serverless platform is a great use case for IoT. In his session at @ThingsExpo, Animesh Singh, an STSM and Lead for IBM Cloud Platform and Infrastructure, will detail how to build a distributed serverless, polyglot, microservices framework using open source tec...
Jul. 1, 2016 08:30 AM EDT Reads: 766
CenturyLink has announced that application server solutions from GENBAND are now available as part of CenturyLink’s Networx contracts. The General Services Administration (GSA)’s Networx program includes the largest telecommunications contract vehicles ever awarded by the federal government. CenturyLink recently secured an extension through spring 2020 of its offerings available to federal government agencies via GSA’s Networx Universal and Enterprise contracts. GENBAND’s EXPERiUS™ Application...
Jul. 1, 2016 08:00 AM EDT Reads: 555
The idea of comparing data in motion (at the sensor level) to data at rest (in a Big Data server warehouse) with predictive analytics in the cloud is very appealing to the industrial IoT sector. The problem Big Data vendors have, however, is access to that data in motion at the sensor location. In his session at @ThingsExpo, Scott Allen, CMO of FreeWave, discussed how as IoT is increasingly adopted by industrial markets, there is going to be an increased demand for sensor data from the outermos...
Jul. 1, 2016 08:00 AM EDT Reads: 536
A strange thing is happening along the way to the Internet of Things, namely far too many devices to work with and manage. It has become clear that we'll need much higher efficiency user experiences that can allow us to more easily and scalably work with the thousands of devices that will soon be in each of our lives. Enter the conversational interface revolution, combining bots we can literally talk with, gesture to, and even direct with our thoughts, with embedded artificial intelligence, wh...
Jul. 1, 2016 07:15 AM EDT Reads: 1,301
"delaPlex is a software development company. We do team-based outsourcing development," explained Mark Rivers, COO and Co-founder of delaPlex Software, in this SYS-CON.tv interview at 18th Cloud Expo, held June 7-9, 2016, at the Javits Center in New York City, NY.
Jul. 1, 2016 07:15 AM EDT Reads: 704
"We work in the area of Big Data analytics and Big Data analytics is a very crowded space - you have Hadoop, ETL, warehousing, visualization and there's a lot of effort trying to get these tools to talk to each other," explained Mukund Deshpande, head of the Analytics practice at Accelerite, in this SYS-CON.tv interview at 18th Cloud Expo, held June 7-9, 2016, at the Javits Center in New York City, NY.
Jul. 1, 2016 12:30 AM EDT Reads: 746
Cloud Expo, Inc. has announced today that Andi Mann returns to 'DevOps at Cloud Expo 2016' as Conference Chair The @DevOpsSummit at Cloud Expo will take place on November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. "DevOps is set to be one of the most profound disruptions to hit IT in decades," said Andi Mann. "It is a natural extension of cloud computing, and I have seen both firsthand and in independent research the fantastic results DevOps delivers. So I am excited t...
Jul. 1, 2016 12:00 AM EDT Reads: 617
The cloud promises new levels of agility and cost-savings for Big Data, data warehousing and analytics. But it’s challenging to understand all the options – from IaaS and PaaS to newer services like HaaS (Hadoop as a Service) and BDaaS (Big Data as a Service). In her session at @BigDataExpo at @ThingsExpo, Hannah Smalltree, a director at Cazena, provided an educational overview of emerging “as-a-service” options for Big Data in the cloud. This is critical background for IT and data profession...
Jun. 30, 2016 04:00 PM EDT Reads: 565
Connected devices and the industrial internet are growing exponentially every year with Cisco expecting 50 billion devices to be in operation by 2020. In this period of growth, location-based insights are becoming invaluable to many businesses as they adopt new connected technologies. Knowing when and where these devices connect from is critical for a number of scenarios in supply chain management, disaster management, emergency response, M2M, location marketing and more. In his session at @Th...
Jun. 30, 2016 01:30 PM EDT Reads: 1,393
In his keynote at 18th Cloud Expo, Andrew Keys, Co-Founder of ConsenSys Enterprise, provided an overview of the evolution of the Internet and the Database and the future of their combination – the Blockchain. Andrew Keys is Co-Founder of ConsenSys Enterprise. He comes to ConsenSys Enterprise with capital markets, technology and entrepreneurial experience. Previously, he worked for UBS investment bank in equities analysis. Later, he was responsible for the creation and distribution of life sett...
Jun. 30, 2016 01:00 PM EDT Reads: 1,536
IoT is rapidly changing the way enterprises are using data to improve business decision-making. In order to derive business value, organizations must unlock insights from the data gathered and then act on these. In their session at @ThingsExpo, Eric Hoffman, Vice President at EastBanc Technologies, and Peter Shashkin, Head of Development Department at EastBanc Technologies, discussed how one organization leveraged IoT, cloud technology and data analysis to improve customer experiences and effi...
Jun. 30, 2016 11:30 AM EDT Reads: 680
Basho Technologies has announced the latest release of Basho Riak TS, version 1.3. Riak TS is an enterprise-grade NoSQL database optimized for Internet of Things (IoT). The open source version enables developers to download the software for free and use it in production as well as make contributions to the code and develop applications around Riak TS. Enhancements to Riak TS make it quick, easy and cost-effective to spin up an instance to test new ideas and build IoT applications. In addition to...
Jun. 30, 2016 11:15 AM EDT Reads: 765