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Friday, August 10, 2012

Op/Ed- Word to learn for fight to repeal Public Act #4: Double Entendre

ROJS News Op/Ed

Words can have multiple meanings. For instance, "I saw a man down the street with wood" versus "Tom used a saw to cut up a pile of wood." 

This is were the definition of "Double Entendre" will become very interesting as time moves forward for a total repeal or affirmation of Michigan's Controversial Statue, Public Act #4.

So what is the definition of Double Entendre:
  1. A double meaning.
  2. A word or expression used in a given context so that it can be understood in two ways....
Look for Double Entendre to become "word of the moment" in the continuing fight to repeal or re-affirm P.A. #4. Allow us to explain...

On Thursday, Michigan Attorney General Bill Schuette (R), fresh off of taking weeks to announcing charges in the case of true possible voter fraud in former Congressman Thad McCotter's petition signature case; decided with the urging of Governor Rick Snyder (R) an effort to fire an entire school board, at Detroit Public Schools using a part of the now suspended P.A. #4 Act.

"Michigan Attorney General Bill Schuette asked a Wayne County court Thursday to remove seven of the 11 members of the Detroit Board of Education, as a power struggle over the state's largest school district heated up. 
Schuette said in a release issued by his office that the seven members were holding office illegally because Detroit Public Schools lost its status as a Class 1 district in September 2008. 
Schuette said that meant all 11 school board members should have been elected at-large in the most recent election in November 2011, instead of four at-large and seven from districts. 
"For far too long, the children of Detroit have received a second-class education," Schuette said in the release. "It's time to improve their quality of education, and that starts at the top." 
As Schuette was announcing the lawsuit, the DPS board was asserting its authority to retake control of the district after the suspension Wednesday of Public Act 4, the state's broad emergency manager law."
A.G. Schuette boldly announced his and Governor Snyder's plans for all Detroit Public School parents and readers of the Detroit Free Press to decipher on Thursday also.
“Are we considering it? Yes. Have I talked to the governor, his office? Yes. Do I think that the Detroit Public School board has failed the students of the city of Detroit? Yes.”   
Amazingly fast action, kind of, for a Public School District that has lost 11,000 students under suspended EFM Roy Roberts tenure.

From CBS Detroit-April 12, 2012:
"Roberts said this builds on the research that local school communities require consistency and stability for school improvements to truly take root and that a “one size fits all” model to educating over 60,000 students does not make sense. By shifting authority to make vital decisions to the school level, DPS offers schools both the ability to maintain consistency in their programs and the ability to make decisions that best serve the needs of their particular students."
Less make sure that Roberts don't fall at the sword for failing at his job of "reforming" Detroit Public Schools, right A.G. Schuette and Governor Snyder?

From the Detroit Free Press August 9, 2012:
"Detroit Public Schools is projected to enroll about 49,000 students in the fall. The district has lost students and no longer fits the definition of a first-class school district (60,000 students) and therefore would not get to have seven board members elected by districts, the state is expected to argue."
Worst for the students of Detroit Public Schools, state education is schedule to start September 5th. Yet if A.G. Schuette's and Gov. Snyder "lawsuit" is successful, these children might start the year without a functional managing school board. Michigan Government at work again, not.

Either way, let's return back to the beginning of this article, defining meaning to Double Entendre.

Facing a probability that Michigan voters -slightly over 223,000 of them to be exactwho waited over six months for the State Board of Canvassers to do the job certifying clearly legal petition language (and font size) for a referendum measure to repeal or affirm Public Act #4; Governor Snyder pondered ways to keep his Emergency Managers in place under Public Act #72 of 1990.

From the Detroit Free Press August 8, 2012:

"In Lansing, the Local Emergency Financial Assistance Loan Board appointed Joyce Parker as emergency financial manager in Ecorse, Joe Harris in Benton Harbor, Louis Schimmel in Pontiac and Ed Kurtz in Flint. Parker, Harris and Schimmel all were serving as emergency managers. Kurtz replaces Mike Brown in Flint because Brown is ineligible to serve as an emergency financial manager because he previously served as interim mayor. 
Snyder spokeswoman Sara Wurfel said the administration expects the transition from PA 4 to PA 72 will result in plenty of litigation. "This is uncharted territory, where anybody can make a legal argument about anything," she said.
Only problem with this scenario for Gov. Snyder and those seeking to overstep what could easily become Michigan voters will on November 6th, defeating Public Act #4 of 2011, is this sentence below which could be read easily as a sixth grade student partaking in Dr. Seuss book.
"Third to the last sentence in the legislation of Michigan Public #4:
Enacting section 1. The local government fiscal responsibility act, 1990 PA 72, MCL 141.1201 to 141.1291, is repealed. 
Don't believe us, read the entire March 16, 2011 signed legislation yourself.

What's truly amazing in this law is how many times this statue references Public Act #72 in earlier text, and next repeals it entirely in the third to last sentence in the law. One would think the legislative writers at ALEC who probably authored Public Act #4, along with Michigan's Republican Controlled State House/Senate and Gov. Snyder took no time to read this bill.

"(b) “Emergency manager” or “manager” means the emergency manager appointed under section 15. An emergency manager includes an emergency financial manager appointed under former 1988 PA 101 or former 1990 PA 72. 
(6) A review team appointed under former 1988 PA 101 or former 1990 PA 72 and serving on the effective date of this act shall continue under this act to fulfill their powers and duties. All proceedings and actions taken by the governor, the state treasurer, or a review team under former 1988 PA 101 or former 1990 PA 72 before the effective date of this act are ratified and are enforceable as if the proceedings and actions were taken under this act, and a consent agreement entered into under former 1988 PA 101 or former 1990 PA 72 is ratified and is binding and enforceable under this act. 
Sec. 15a. Notwithstanding section 3(1) of 1968 PA 317, MCL 15.323, an emergency manager appointed under this act or former 1988 PA 101 or former 1990 PA 72 is subject to all of the following:
(a) 1968 PA 317, MCL 15.321 to 15.330, as a public servant.
(b) 1973 PA 196, MCL 15.341 to 15.348, as a public officer.
(c) 1968 PA 318, MCL 15.301 to 15.310, as if he or she were a state officer.
Sec. 16. An emergency financial manager appointed under former 1988 PA 101 or former 1990 PA 72, and serving on the effective date of this act, shall continue under this act to fulfill his or her powers and duties. 
Sec. 30. (1) An emergency financial manager appointed and serving under state law prior to the effective date of this act shall continue under this act as an emergency manager for the local government and shall fulfill his or her duties and responsibilities and exercise all of the powers granted under former 1988 PA 101 or former 1990 PA 72. Except as provided in subsection (2), the provisions of this act shall apply to any local government for which an emergency financial manager is appointed and serving as of the effective date of this act."
Gov. Rick Snyder signed a law on March 16, 2011, that if overturned by Michigan voters November 6th, repeals Michigan Public Act #72 of 1990, enacted under former Governor James Blanchard (D). After the State Board of Canvassers finally "did their job" on Wednesday, August 8th certifying referendum petitions, Michigan Constitution states any law subject to a referendum process shall be temporary suspended pending a vote of the people

Section 9- Initiative and referendum; limitations; appropriations; petitions
Sec. 9. The people reserve to themselves the power to propose laws and to enact and reject laws, called the initiative, and the power to approve or reject laws enacted by the legislature, called the referendum.
Referendum, Approval

No law as to which the power of referendum properly has been invoked shall be effective thereafter unless approved by a majority of the electors voting thereon at the next general election.
As for Public Act #72, this statue was effectively repealed a year and five months ago.
"Enacting section 1. The local government fiscal responsibility act, 1990 PA 72, MCL 141.1201 to 141.1291, is repealed."  
Now does our using of the definition of Double Entendre makes sense in beginning this article?

What our Michigan Republican "Leadership" seeks to do is have their ultimate will both ways. The open question is what citizens do to cease these efforts to make a mockery of our State Laws, the People's House in Lansing and the Democracy process in Michigan.

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