State appeals judge's reinstatement of Flint mayor

Detroit? The state on Friday appealed a judge's ruling that stripped power from Flint's emergency manager and reinstated the mayor and the City Council.

The "sweeping and unprecedented" ruling by Ingham County Circuit Court Judge Rosemarie Aquilina "creates financial and administrative uncertainty for the city and its people," according to a brief filed in the state Court of Appeals by Attorney General Bill Schuette on behalf of Gov. Rick Snyder and Flint's financial review team.

Aquilina's finding Wednesday that the review team violated the Open Meetings Act was similar to an earlier finding by Ingham County Circuit Judge William Collette that the Detroit financial review team violated the same statute. Collette in February filed a permanent injunction barring members of the review team from meeting in secret.

Collette will hold a contempt hearing Thursday in Mason to decide whether state Treasurer Andy Dillon or other members of the Detroit review team violated his injunction by meeting in secret.

The court challenges in Detroit and Flint are among a number of assaults on Public Act 4, the emergency manager act. A separate lawsuit that claims the act violates the state Constitution, because it allows emergency managers to overrule elected official. Opponents have collected 230,000 signatures in an effort to get a repeal of the statute on the November election ballot.

Aquilina's order was in response to a lawsuit brought by the leader of a union that represents some Flint city employees.

The decision invalidated the appointment of Flint emergency manager Michael Brown, who was appointed late last year.

Under Public Act 4, emergency managers can make wide-ranging decisions to fix a municipality's or school district's financial situation. Emergency managers can sell off assets, void worker contracts and make decisions without city council or school board approval.

The cities of Pontiac, Ecorse and Benton Harbor and school districts in Detroit and Highland Park are among those under the direction of emergency managers.

kbouffard@detnews.com

(517) 371-3660

Source: http://www.detroitnews.com/article/20120323/POLITICS02/203230440/1022/rss10

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