Photo: Voice of Detroit
Michigan Governor Rick Snyder visited Benton Harbor for a parade in May.
These days the elected commissioners of Benton Harbor, Michigan, aren't allowed to do much. The state's expanded emergency financial manager law gives the emergency manager -- in Benton Harbor's case, Joe Harris -- nearly complete control over what happens in the city. The state has deemed that curbing democracy in towns like Benton Harbor is part of fixing towns like Benton Harbor.
Back in June April, Mr. Harris issued an order restricting the town's elected officials to three duties. According to Order 11-21 (pdf) Order 11-05 (pdf), they may
- Call a meeting to order.
- Approve meeting minutes.
- Adjourn a meeting.
But the Benton Harbor commissioners have continued trying. This month, they voted unanimously to declare September 17-23 as Constitution Week in Benton Harbor, in honor of the signing of our nation's founding document. You'll notice that declaring anything is outside the duties Emergency Manager Harris has left to the commission. They're simply not allowed to vote for a celebration of Constitution Week.
Now City Commissioner Marcus Muhammad forwards over a note from Benton Harbor's Acting City Clerk telling commissioners that Mr. Harris wants to add this to the minutes from that meeting:
“THE FOLLOWING ACTION TAKEN OR DECISION MADE BY THE CITY COMMISSION WAS NOT AUTHORIZED BY THE EMERGENCY MANAGER AND IS NULL AND VOID, AND OF NO FORCE OR EFFECT."
That means no Constitution Week, at least not as declared by the elected officials of Benton Harbor. The commission may lose this local skirmish. Under the expanded Public Act 4, the emergency manager has the power to authority the commission at will. But in the wider view, the commission is forcing him either to bend a little or to exercise his power in a way that shows how absolute it is.
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Wow this is so illegal and violates the Constitution. One person is not hold all the power. That's why we elect people and have checks and balances. I do not understand how Republicans can get away with the legality side of this. That makes it a dictatorship not a Republic and certainty not a Democracy.
Just goes to prove you get what you ask for.
You get EXACTLY what you ask for.
If you don't want criminals in governors office then you shouldn't vote for them.
The last person to declare martial law with no invading army was named Adolph Hitler.
People like that have no regrets when committing crimes that benefit their views.
This is completely legal, unless you live in Kentucky, Massachusetts, Pennsylvania, or Virginia. In any other state, the legislature and/or the governor can dissolve any local elected bodies. The state constitutions were designed this way to overrule local elected officials in case of emergency. Exactly what constitutes an emergency is a very unclear idea, but there in nothing illegal or unconstitutional here.
Should it be? Agitate, agitate, agitate!
Michigan Constitution, Article 1, Section 1 "All political power is inherent in the people. Government is instituted for their equal benefit, security and protection."
Mgr. Harris was appointed by former Gov. Granholm, who was elected and obtained her political power from the people.
Benton Harbor emergency manager cancels Constitution Week
why of course!!
dont want them common folks to realize that funny thing called elections and silly stuff like that, you know where the council being elected by the people really do have control over a appointed crony with bad intend.
I don't understand why the people of Michigan put up with this. Either recall Governor Snyder (which takes a huge number of petition signatures, but is possible, just as we've seen in Ohio) or put an initiative on the ballot to take away the "emergency manager" power from him. The initiative process in Michigan seems to be sort of convoluted and circuitous, but the signature requirement is reasonable at only 8% of the votes for Governor in the previous election.
The Dems in Michigan need to start showing some leadership.
You are right on all accounts. The Democrats do need to start showing leadership. They need to start standing up for the Constitution and not letting the Republicans destroy it.
They cannot do the emergency initiative. The emergency manager will declare it illegal. That's how despots stay in power. That's how the Republicans planned it.
A lot of people here in Michigan ARE trying to recall Snyder. Unfortunately, the Democratic party is not helping.
http://www.firericksnyder.org/
James .... The CITY doesn't do the initiative. The citizens do. Including those who live outside of Benton Harbor, which is only one city affected. This is a statewide issue, and requires a statewide solution. Hence, the ballot initiative.
I have been working to recall Snyder all summer. I have no idea how close we are, and I know it's a long shot, but I think it will be close on the signatures. There is also an effort to repeal Public Act 4, which I have also collected signatures for. This effort will succeed. The signature count is really close, and they are way ahead of schedule. This is fascism, and we have to stop it.
Also, the requirement to recall Snyder is higher than you suggest. We need 25% of voter turnout, leaving us with roughly 807,000 signatures to collect within a ninety day window. We collected 300,000 in July alone, and the last I heard we had over 500,000 verified signatures. That was over a month ago. For PA4, 165,000 verified signatures need to be collected by mid-December to get it on the Nov., 2012 ballot.
Erin, I said that it takes a huge number of petition signatures. (I'm aware of the 25% requirement. The bar should be set high in order to avoid spurious gubernatorial recall efforts that would occur if relatively few signatures were needed.) I'm glad you're working on it. l
Given Snyder's record, however, there should be 800,000 Dems and independents who would be willing to sign the petitions. However, it won't happen without the Democratic Party's leadership and, more importantly, organizational resources. I can't imagine why they're not all over this.
well the Democratic party didnt do much in WI either.
i am wondering where the PCCC and Media.org and hell Mikie Moore as well screaming!
we need to be loud and proud!!!! hell you got britfart saying they have the militry behind them went they start the war.
My understanding is that the Democrats are concerned with getting rid of the legislators that vote on these laws. Why? Because if Snyder does get kicked out, he's replaced by a bigger threat, his Lt. Gov., who is a Republican puppet with little experience. To stop the hemorrhaging, their emphasis is to focus on who's voting this tripe into law. Neuter the governor's power. That's where I see the Democrat's focus right now. But, I know at least for the 10th Congressional District Dems here in Macomb, we are working hard collecting signatures ourselves. Many, many of us. And we are not alone. Don't discount the Dems from this fight.
smiling as if on Que, who should Rachel have on.
Mike Moore and in a Happy mood. well glad to see we are getting our side ready for this Class Warfare fight!
which We The People did not start!!! but We The People Will STOP AND WIN!!!
POWER TO THE PEOPLE!!!!
This is an experiment conducted by the republican party, if successful the rest of the country may end up dealing with the same loss of losing their voice when and if the GOP gain power.
Makes sense. Why celebrate something that no longer applies to the people living in this city?
They should keep it up, issue permits for "America Celebration Parades" and whatnot, have people come out in defiance of this nonsense. "We love democracy BBQ's"? Who knows. Keep pounding the drum to show how ridiculous this is.
Alas, these are the republicans you've voted for America, hope you enjoyed being middle class while you could, those warm memories will help sustain you in the American that the GOP envisions. An America where the poor have no insurance and die in the street, an America where regular people work two and three jobs to keep themselves in the middle class while the top 1% makes 20+ percent a year on stuff they already own, and keep buying more while the regular people get foreclosed. An America where people like me PAY taxes while the rich and the corporations use their vast resources to get refunds.
YOU elected them.
The Republican experiments in the states will be proposed and adopted for the nation the next time Republicans control Congress and the presidency.
So the Republicans went crazy over Obama's supposed socialism, but they seem to have no problem with communism.
Republicans are crazy for Fascism...not communism...
that is a government run by private, rich, corporations.... or per wiki-pedia:
"... fascists oppose liberalism (as a bourgeois movement) and Marxism (as a proletarian movement) for being class-based movements.[19]Fascists present their ideology as that of an economically trans-class movement that promotes resolving economic class conflict to secure national solidarity.[20] They support a regulated, multi-class, integrated national economic system.[21] Fascist economics supports the existence of private property, the existence of a market economy and the use of the profit motive,[22] however state directed,[23] as they reject laissez-faire.[24]"
This story needs to be hammered out again and again until someone starts paying attention. If this blatant disregard for the basic law of this country is allowed to stand, we are in serious trouble. Come on, Michigan-slap this son of a bitch down.
Ah, yes, give Republicans control and what do one receive in return? Despotism. Happens every time.
The fascists are coming and they have their sights set on you.
They're not coming. They're already here. Just look at Wisconsin, Michigan, Ohio, Florida, New Jersey, etc.
If I lived there I would propose replacing Constitution Week with " Screw You Joe Harris Week". When he shot that down then I would propose a "F*** You Joe Harris Week". The then "The Americans for Saying Screw You Joe!" and so on..... You get the point...
Or... the bunch of you could actually take the time out of your day to think for your selves. Joe Harris was appointed by Jennifer Granholm, the DEMOCRAT former Governor of Michigan. Or, how about asking yourself this question: Does it really make sense for a town that is completely bankrupt to create a brand spanking new holiday and spend money that it does not have to celebrate this new holiday? This is exactly the kind of spending that the EFM is supposed to prevent. But I guess that is too hard to understand, so instead we will just blame someone who has nothing to do with the situation.
Celebrating the Constitution does not automatically require any expense. The local radio/TV/newspaper would most likely provide free publicity; it costs nothing to stand in a city park and talk. Or ask the high school band to play patriotic songs. Sponsor a "Why I Love the Constitution" essay contest. Shall I go on?
One person doesn't get to make that decision. That is up to the elected officials. This violates the US Constitution and is unethical. They are turning our free society into a Dictator state. Anyone who has that power will abuse it. Power corrupts. That is why the founding father designed our government the way it is so that one person couldn't take away the rights of the citizens. The Constitution protects the people from abuses by the state.
You're right Lynn celebrating the Constitution doesn't really require any expense on the part of the city. If citizens join together as you say and hold it themselves.
Cowman this isn't about the city not having the money to put on a Constitution Week. It's about power. Harris is showing just how much of a petty bureaucrat really is. It is immaterial who appointed it is material on how he is conducting himself as he does his job. The man is behaving like jerk.
If the good citizens of Benton Harbor wish to have Joe Harris removed there is a simple step for them to take. All they have to do is vote to dis-incorporate and no longer be a "city", forfeiting all of the benefits that are afforded to the city under state constitution. That means no more financial support from the state. Until that step is taken, the state is obligated to try and keep the city from defaulting. Google Joseph Harris CFO, it is a fair statement that he can be described as a long time Democrat and accountant by profession. He is trying to bring fiscal responsibility to a city that does not know how to manage itself.
@ cowman....your ending of your comment: " But I guess that is too hard to understand, so instead we will just blame someone who has nothing to do with the situation." is an example of the arrogance and belittling way you and yours have of claiming to be superior to the people who disagree w/you.
You see, the PEOPLE have freedom of speech (in case you don't understand....by your arrogance or ignorance....) and can express and gather to celebrate any thing they wish, as long as it is not harming anyone....
The constitution is what this is about.....I have read it, have you?
I studied the Constitution line by line in my civics class in college. Don't everyone do that in their government classes?
Not sure where the idea that a Constitution Week would cost money came from, but the city is not, nor has it ever been, "bankrupt." As a matter of fact, EM Harris has boasted of positive cash flow owing to his superior financial acumen. Perhaps the financial "emergency" in Benton Harbor was less dire than the hype would have you believe.
Yes, please do so. You would like free publicity for what exactly? A gathering in the park with no police/fire/EMS coverage at all? Since those cost money. You would like the band to come play on a weekend forcing the adults (bus drivers, parents, school teachers) to give up their time off for an event? Someone else to "donate" goods and services. Seems like as long as "someone" else is paying the bills it is a good idea. Just not realistic. Have you looked at any financial information about the city of Benton Harbor? Do you realize that the Constitution of Michigan requires the state to guarantee all of the bad debts for any city in the state? Do you know the city has not filed an audit with the state for eight years? Do you know the city pays between 80 and 100 thousand dollars a year in over draft fees because it does not have enough money to pay it's bills? The city is in trouble. Period. And that means all the citizens of the state are liable. The city "management" is and has been inept for years and can not do the job. Governor Granholm thought it was in the best interest of all of the citizens of the state to keep Benton Harbor from defaulting on it's debts.
Community gatherings do not require "security." Ever hear of a flashmob? A speaker's corner? And why would having the high school band play "force" anyone to attend -- kids can get themselves to a local park on their own without adults. Boy/girl scouts LOVE to show off at patriotic events -- maybe lead a group in singing. Gee, you have no imagination at all. Newspapers LOVE to publicize community issues -- I would bet THEY would sponsor an essay contest, which would cost them -- maybe -- a year's subscription. I don't remember suggesting anyone donate goods -- maybe services, yes, in support of a good idea.
The city may well be in serious trouble -- but the dictator has been there for a while now, and I don't see that anything has improved, while it seems that morale has taken a nosedive. This kind of simplistic bullying certainly doesn't help improve the finances of the town at all.
So, if they hold a gathering in the park, and everyone who participates covers their own expenses (how much can it really cost to drive across town to the park?), then where is the harm? Why couldn't they do it as a big community pot-luck? Each family brings a dish of some sort, maybe the local grocer donates (at cost) the burger patties and the hot dogs, and the local car dealers sponsor the barbeques, etc.
As for Police/Fire/EMS coverage, surely there will be some off-duty personnel who can (and probably would) be there, who can keep an eye out while they are playing frisbee and catch and what-have-you. And if there is an emergency, (hopefully there isn't), then on-duty personnel can respond as needed, with the already-present off-duty personnel providing interim field care if needed.
I admit that I don't have all the answers, but maybe my suggestions will allay some of your concerns...
And how much would it really cost for the public library to set up a podium and public address system for anyone who wants to take part to read aloud from the Declaration of Independence and The Constitution of the United States?
Here, I'll start...
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Okay, who wants to read the next section?
The fascists are coming and they want everything.
Let's steal their tea.
Shall I repeat it again for you? Joe Harris is a Democrat, who was appointed by a Democrat Governor. The Tea Party is/was not involved. Please try to understand the issue at hand before throwing around baseless comments.
LOL
good one
I shall repeat again cowman it doesn't matter that Joe Harris is a Democrat? It is immaterial to how he is behaving in Benton Harbor. I didn't say the TP was directly involved but I will say Joe Harris is acting in the spirit of the TP. A jerk is a jerk.
Joe Harris may have been appointed by then-Governor Jennifer Granholm (D), but his powers were greatly expanded by present Governor Rick Snyder (R) (see this link: http://en.wikipedia.org/wiki/Benton_Harbor,_Michigan ) for additional infomation.
Free Benton Harbor!
CAR1969 banned, rereg of racism gimmick troll AmosonAndy.
I say if the people of Benton want their parade go ahead and have it. What is worst the Republicans do to them? It's a parade. These Republicans need to grow up.
A form of this law has been in place for two decades in Michigan. I'm not sure why this is being solely attributed to the current governor, who has only been in office since the beginning of the year. The majority of these EFM's are Democrats appointed by other Democrats over many, many years! Here's a pretty straight-forward history of how these EFMs have used the law to declare financial emergencies. You all can read for yourselves that this has been far from some REPUBLICAN-driven idea. If one must attribute it to one party or the other, Democrats have had far more impact and "control" under this Michigan law. Read this article and become more informed...
http://www.wsws.org/articles/2011/may2011/bent-m02.shtml
So why exactly haven't the people in that state dragged this clown out of his office in chains and tried him for treason? Time to take your state back people.
The added paragraph nullifying the Commission's move is REQUIRED by an order Joe Harris issued last summer. You can read it here: (pdf). It requires that that statement be appended to anything the Commission does.
Thanks @Eclectadude, for clarifying that. You're right, of course.
Dictatorship. They have it.
you tell it
Penny.....
rock the boat
stop the fascism of the "ruling " party(no matter who they are) who try to limit the liberty of the people to speak, to gather, to express their objection to the "Ruling" class
Not sure why most of those contributing to this thread are making this a Republican thing. There has been a law like this on the Michigan books for two decades. In fact most of the EFMs are Democrats appointed by other Democrats.
Here's an article that does a pretty good job of providing some basic history and facts about these laws and how they have been used over the years; where and by whom. You'll see that the current governor, who has held the office less than a year, has really had very little to do with the breadth and depth of the way this law has been utilized over 20 years. Check it out...
http://www.wsws.org/articles/2011/may2011/bent-m02.shtml
Not sure why most of those contributing to this thread are making this a Republican thing. There has been a law like this on the Michigan books for two decades. In fact most of the EFMs are Democrats appointed by other Democrats.
Here's an article that does a pretty good job of providing some basic history and facts about these laws and how they have been used over the years; where and by whom. You'll see that the current governor, who has held the office less than a year, has really had very little to do with the breadth and depth of the way this law has been utilized over 20 years. Check it out...
(Sorry about the duplicate post -- first-timer here)