Legislative Report
December 2010
The atmosphere in the state’s governmental complex in Lansing is a mixture of euphoria, anxiety and anticipation. The Republicans are euphoric after their major victory while the Democrats are full of anxiety as they prepare for role they have not experienced for a number of years. Members of both parties are full of anticipation regarding how this major change in leadership in state government is going to work and how to position themselves to accomplish what needs to be done. Everyone is waiting for Governor-elect Snyder to complete his staff and organize and name heads of state agencies.
The initial appointments by the Governer-elect appear to be heavily loaded by individuals who worked in the Engler administration. Not many new names have surfaced to date although many familiar ones from the last Republican controlled administration have been put forth. The Govern-elect named three key Engler appointees to head his transition team: Doug and Sharon Rothwell and Mark Murray. These three individuals are retaining their current positions in the private sector while overseeing the formation of the Governor-elect’s administration. The one new name which surfaced as a surprise was John Nixon, the budget director of the State of Utah who was named budget director of Michigan. His first task will be to prepare a budget which the Governor-elect has said will be a two year budget The current year budget also has a projected shortfall which he will have to resolve. It appears to be a tall order for the new kid on the block.
While the Governor is busy getting his administration organized, the legislative branch is also organizing. The Republicans will control both houses of the legislature and their leadership will be as follows: Senator Randy Richardville of Monroe will be the Senate Majority Leader and Senator-elect Arlan Meekhof of West Olive will be the Majority Floor Leader. Senator Gretchen Whitmer of East Lansing will be the Minority Leader with Senator Tupac Hunter of Detroit serving as Minority Floor Leader. Senator Roger Kahn will chair the Senate Appropriations Committee. Democrat Andy Dillon, who ran for governor, was appointed to be state treasurer which was somewhat of a surprise to many observers.
In the House, Representative James Bolger of Marshall was elected as Speaker and Representative Jim Stamas was chosen to be the Majority Floor Leader. Richard Hammel of Flushing will be the Minority Leader of the House with Kate Segal of Battle Creek serving as Minority Floor Leader. Chuck Moss was named as Chair of the House Appropriations Committee. Other leadership positions are still being filled.
Senator Mike Bishop, Senate Majority Leader, has announced that the Senate will recess on December 2. The house will probably do the same. Many bills which were considered important will not get passed and will have to be re-introduced when the 96th legislature convenes in January. Among the bills which failed to get passed were the Detroit River International Crossing bill and the Dillon public employee health care pooling plan. Also, House Joint Resolution EEE which would amend the state constitution to broaden term limits to a total of 14 years to be served in either chamber failed to get passed. These bills will certainly be considered again, but their fate is still unknown because of their controversial nature. Senator Bishop was quoted by Gongwer News Service as saying, “Lame duck, in my experience, is the worst time to conduct public policy.” He, therefore, is recessing early.
While there were a number of hearings on bills during November, the curtain has fallen on the 95th legislative session with no significant actions during the lame duck session. One bill which did pass was a compromise bill replacing the liquor bill (HB 6007) which the Governor vetoed last October. HB 6224 contained much of the same content of the vetoed bill and Governor Granholm has signed it into law (now Public Act 213). Included in the new act is a provision to extend the sales period of alcohol on Christmas day. Alcohol can now be sold from 11:59 p.m. Christmas eve until noon on Christmas day. Also the sale of liquor will be allowed starting at 7 a.m. on Sunday, although a city can opt out of allowing such sales. Another provision of the new act allows a total of 20 liquor licenses to be competed for by privately run retirement centers. Finally, wine and beer sampling at state wineries and breweries is allowed. Such sampling is limited to three 3-once servings of beer and three 2 once servings of wine per person within a twenty-four hour period.
Miscellany
Unions sue over state employees 3% health care payment — Several unions have filed suit in Ingham County Circuit Court in an attempt to get the three percent of salary deduction for health care costs overturned. This provision was contained in the early out legislation which passed in September. The unions are claiming the 3% charge for future health care costs violates the collective bargaining agreements and that there is no assurance that the three percent set aside will be exclusively used for health care purposes. The 3% fee will end in 2013. The non exclusively represented employees did not get the 3% pay increase collectively bargained for by union employees so they face a loss of 6% of their salaries when the health care contribution is factored in.. It will be interesting to watch as this lawsuit moves through the legal system.
Early retirements exceed original projections — Some 4755 state employees took advantage of the state’s early retirement offer. The state offered the early retirement as a cost saving measure and was counting on some 3400 people to retire. They were projecting saving some $60 million dollars based on the 3400 retirees. The largest number of state employees retired from the Department of Human Services (1306) followed by the Department of Community Health (565) and the Department of Corrections (439). Governor-elect Snyder will decide in what departments and how many new employees will be hired to replace the retired employees.
Former Supreme Court Justice Weaver censured — Elizabeth Weaver who resigned from the Supreme Court several months ago in order to allow Governor Granholm to appoint her replacement was censured by most of the remaining justices for tape recording official court meetings and then using the information in an attempt to get Justice Robert Young defeated during the recent election. A Republican nominated justice, Ms Weaver fell out of favor with her Republican colleagues during her last few years as a justice. Justice Young was reelected despite Ms. Weaver’s opposition. The Court issued a letter of censure to Ms. Weaver for violation of court rules by secretly recording official deliberations. Justice Diane Hathaway refused to sign the letter of censure because she believed Ms. Weaver’s rights were violated by the Court’s failure to hold a hearing on the matter before sanctioning Ms. Weaver, thus denying her due process. Justice Alton Davis who was not on the court at the time of the taping by Ms. Weaver also did not sign the censure letter. Justice Davis was named to replace Ms. Weaver, but was defeated in his bid to be elected to the Court.
Assistant Attorney General fired — Andrew Shirvell, the Assistant Attorney General who attacked the gay University of Michigan student body president through a blog he writes and borderline stalking activities, was fired for misuse of state property. The case received national attention because of the aggressiveness of Shirvell’s attacks and actions. Attorney General Cox initially refused to fire Shirvell but did so after he found through an investigation and hearing that Shirvell had used state equipment to harass Chris Armstrong, the student body president.
People in the News
Robert Swanson of Lansing was appointed to the Civil Service Commission as a Democrat by Governor Granholm to replace a member who resigned. His term will expire December 31, 2018. Swanson was former head of the Department of Labor and Economic Growth. The Governor plans to appoint another individual to the Commission before leaving office at noon on January 1, 2018.
Eddie Washington, Michigan State Police Director, and a veteran of 25 years as a sworn officer, retired as a sworn officer from the State Police in July of 2010. After his resignation he remains as civilian department director inasmuch as the law does not require the director to be a sworn officer.
Becky Humphries, Director of the Department of Resources and Environment, will join Ducks Unlimited as Director of their Great Lakes/Atlantic Regional Office based in Ann Arbor on January 1, 2011. She is a 32 year veteran of the Department of Natural Resources and was formerly Chief of the Wildlife Division before assuming the directorship in 2004.
Senator Deb Cherry, has resigned from the Senate to immediately assume the Genesee County Treasurer’s post. She was term-limited in the Senate and ran successfully for the County Treasurers position.
A Personal Note:
With this article, I conclude my role of SERA Legislative Representative after almost 17 years. I have enjoyed this position immensely but believe it is time to move on and let someone else assume the task. Since my “retirement” was announced in last month’s newsletter, I have received several telephone calls and e-mails thanking me and expressing best wishes for the future. I am very appreciative of the kind comments I have received. I hope I have been of service to a fine organization. I will still be around, just not as Legislative Representative. I am still a board member of the Lansing Chapter and I will not be shy in offering my “two cents worth” when asked.
Mary Pollack, a new retiree, will replace me as Legislative Representative. She is extremely well qualified for the position. Please extend to Mary, the same courtesies you have extended to me.
Thanks for allowing me to serve you!
Editor’s note: Alvin Whitfield is former President of the Lansing SERA Chapter and former Chairperson of the Michigan SERA Council and current Legislative Representative for both the Council and the Lansing Chapter. He may be contacted at 1241 Runaway Bay Drive, C-3, Lansing, Michigan 48917; phone 517/703-9666; e-mail: alwhit@worldnet.att.net.
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