Michigan Capitol CapCon is a product of the Mackinac Center Confidential for Public Policy

A review of the votes and proposals of the Michigan Legislature — Vol. 7 No. 4 December 2013 Daily Online Coverage at MichCapCon.com Teachers Sue MEA To Escape Union By Jarrett Skorup against their local unions and the MEA, “At that time, I did not feel Miriam Chanski teaches her challenging the one-month August comfortable giving either of those window the union says is the only time kindergarten students to respect other numbers,” Chanski said. “That is very they are allowed to leave. The Mackinac people’s rights. private information that I did not want Center Legal Foundation is representing Now the Coopersville school district on a piece of paper.” Miriam the educators in the unfair labor teacher is becoming an example for But that was the only option the Chanski practice cases. her students. union gave her. However, with the state’s Chanski wants to leave her union, To see more stories passage of a right-to-work law, she felt the Coopersville Education Association, on teachers fighting she had more options than before. an affiliate of the Michigan Education back against union After discussing it with people she Association. She wants out as part of threats, go to page trusted, she decided to opt out. the state’s right-to-work law, but the 9 and look for this On her union dues form, Chanski union will not let her leave, and she says symbol. wrote at the top that she was intending it threatened her credit rating if she on dropping out. In July, she got a doesn’t pay dues. So now she’s doing Chanski didn’t give much thought letter from the local Uniserv director. something about it. to opting out of the MEA until this past “She informed me that they did She is one of a number of teachers spring when a union representative came in fact receive my e-dues form and from across Michigan who filed into her classroom to get her credit card noted that I was choosing to opt out complaints with the Michigan or bank account number to ensure that of the union,” Chanski said. Employment Relations Commission she paid her dues electronically. See “Lawsuit Filed,” Page 8

INSIDE THIS ISSUE Back Page Pressure Mounting For MEDC Transparency By Jack spencer House Those who want to bring transparency to the Democrats are Michigan Economic Development Corp. have some joining critics like the Mackinac Center for Public new allies — House Democrats. Policy in saying that Michigan taxpayers have the right The MEDC is a government authority that is to find out whether the MEDC is spending tax dollars A sampling of Detroit taxes supposed to spur economic activity and promote the wisely or wasting it. Earlier this month, pressure was proposed state laws closed company Page 5 state of Michigan. For years, the MEDC has been put on the House Commerce Committee to put some criticized for a lack of transparency. See”MEDC Transparency,” Page 10 Anti-GOP Professor Going Back to the Classroom By Tom Gantert people with “dead skin cells washing off them” who raped the United States to get “everything out of it they The Michigan State University professor whose possibly could.” During the class in which Penn was anti-Republican classroom rant was captured on videotaped by a student, he threatened any student who tape in September and forced his suspension he said might be closet racists. Penn told the class, “I — with pay — will be back teaching next am a college professor. If I found out you are a closet semester, an MSU official said.

racist, I am coming after you.”

Midland, Michigan 48640 Michigan Midland, MSU’s spring semester begins Jan. 6.

Permit #1776 Permit

P.O. Box 568 568 Box P.O. MSU issued a statement Sept. 5, a day after

Fenton, MI Fenton,

140 West Main Street Main West 140 Professor William Penn, who earned media reported on the anti-GOP rant, saying PAID PAID

Mackinac Center for Public Policy Public for Center Mackinac

U.S. POSTAGE POSTAGE U.S. $146,510 to teach creating writing that Penn’s teaching duties were reassigned to Capitol Confidential Capitol

NONPROFIT ORG. NONPROFIT classes, said Republicans are old Professor William Penn See “Anti-GOP Prof,” Page 12 Michigan Capitol Confidential December 2013 | 2

Friends, First, Happy Holidays. I hope the season brings you • Investigated regulatory and fiscal problems in Also, we are happy to provide our news to you happiness and joy and some stress-free days. Detroit an offered solutions for fixing decades-long every day and will continue to do so without charge. problems. But it takes tremendous resources to run the news It has been a great year for Michigan Capitol organization and any help you can give is appreciated. Confidential. Consider: We are following these stories into the New Year and pursuing others that the mainstream media A donation of $11.99 would help us continue telling • Exposed the waste of Michigan tax dollars that were ignore, but are important to taxpayers across the state. the stories that are important to you in 2014. given to Hollywood millionaires and billionaires for And, as always, feel free to drop me a line with movies and TV shows filmed in the state. We are dedicated to ensuring that our elected officials are working in your best interest. And we story ideas, questions, or comments. • Michigan’s right-to-work law officially went into are committed to exposing waste in government and All the best, effect and we chronicled stories of teachers and abuses in local, state and national bureaucracies. other union members exercising their right to leave If you’re not already getting our daily email that the union - or trying to leave - despite union efforts Manny Lopez includes breaking news, analysis and commentary to force them to keep paying money. Managing Editor, Michigan Capitol Confidential from our staff and the experts at the Mackinac Center • The SEIU “dues skim” officially ended, freeing more for Public Policy, please send your email and other than 40,000 home-based caregivers from a forced contact info to: [email protected]. unionization scheme.

[email protected]

A generous donor is matching all new and increased giving to the Mackinac Center through December 31, 2013, dollar for dollar, up to $300,000! Your investment in liberty today will have greater impact! Simply visit MichCapCon.com and click on the “Donate” tab. Michigan Capitol Confidential December 2013 | 3 ad liberties unlikely to achieve any kind of best. Our problems can’t always be Celebrating the Past, Looking Forward durable policy accomplishment if measured by the yardstick of our you fail to appreciate the necessity own proven abilities. By Joseph G. against the castle walls along the that I don’t think has happened of a bona-fide, grass-roots social And so now, more than 25 Lehman Potomac. Reform doesn’t start in in the lifetime of anyone here: movement for limited government. years after Joe Olson and Richard (Editor’s note: Washington, it ends there. The It took about three months to It should be encouraged, nurtured, McLellan and others got the The following is reform we need now starts in the lose that vote, but during that and refined. Mackinac Center going, I’m Elections matter, and they an edited version states, and that’s a fact we often time the state had a full-throated declaring that we’re not settling don’t appreciate. conversation on whether or not to always will. But they’re the result of of the text from for what some might say is our remarks delivered Ronald Reagan was fond of accept “free” federal money. ideas, not the cause of them. That’s best effort for the next 25 years. at the Mackinac Center’s 25th saying the states created the The state’s taken the money why the Mackinac Center’s primary We’re trying for much more. anniversary gala held Oct. 7, in federal government, not the before for other purposes, but it’s focus is on ideas over the long term, East Lansing.) other way around. The Founders never had a knock-down, drag- not political parties or personalities We’re trying to establish, and Twenty-five years ago the idea gave us a system whereby the out [fight] for three months about or pecuniary interests. re-establish, the greatest earthly that the Mackinac Center might states themselves were not whether it was a good idea for Two weeks ago I challenged principles a government was ever still be around today probably only laboratories of democracy Michigan, or for the country. my fellow think tankers in words organized around. Starting in seemed about as far-fetched as — proving grounds for new ideas Michigan’s taking the money, attributed to Winston Churchill: Michigan. predicting that the birthplace of — the states also have the power and we’re all going deeper into “Sometimes it’s not enough to do With God’s blessing, and with + the UAW, the cradle of organized to check federal overreach. debt. But 21 other states had the your best. Sometimes you must do your help, we’ll do it. labor and the stronghold of its That power has weakened and same conversation and decided what’s required.” national power would be a right- atrophied over the years from against taking the money. If we’re If we want to save the country, Joseph G. Lehman is president of the to-work state today. disuse and misuse. going to turn the country around, I believe it’s simply required that Mackinac Center for Public Policy. We are here in part to celebrate But that power isn’t gone and it we have to be working, studying, The original version of this story was we look at the problem we’re trying posted online on Oct. 9, 2013. It is that success, but not as a stopping can be strengthened. If Michigan explaining and advocating why to solve, and not ask how much available with hyperlinks and more point. It’s only a milestone on the can achieve freedom to work — if free enterprise is the best possible is enough to say we’re doing our info at www.mackinac.org/19211. way to freedom across the board. Washington state can expand policy for everyone. Just like we No one who pays the least school choice, which it just did; if did for two decades with right-to- attention can fail to conclude this California citizens can vote to fix work, when nobody thought we country has problems bigger than broken city pension systems, which had a chance. a right-to-work law can solve. The they just did; if Texas can become I’m very intentionally not biggest problem is that too many the jobs engine of the country by criticizing our friends tonight. people want a government that’s pursuing the opposite policies of That’s not how we’ve all won Meet the Staff big enough to give them everything Washington — then we start to see battles for freedom over the last they want, from free tuition, to what’s possible in the states. quarter century. Your printed guaranteed income, to subsidized I have to mention something program summarizes 25 of the Manny Lopez is managing editor of houses, to business bailouts and the Mackinac Center has taken best victories for liberty, from Michigan Capitol Confidential. He may be trendy movie subsidies. some heat for lately to help more freedom to send your child reached at [email protected] And if there’s any money left underscore this point. We like to the safest and best school, to over, they’d like to have basic to say that whenever we have to keeping more of what you earn,, roads, schools, police, courts and choose between our friends in to more open and transparent Tom Gantert is the senior capitol correspon- an army, too. government and the taxpayers, we government and to more freedom dent for Michigan Capitol Confidential. He The only problem is, a go with the taxpayers. from compulsory unionism. may be reached at [email protected]. government that’s big enough Well, some of our friends We can advance freedom to give you everything you want recently enacted the biggest more by working together on the is also big enough to take away expansion of state government things we all want. To my friends Jack Spencer is capitol affairs specialist for everything you’ve got. I can recall by adopting in the tea party movement, I’d Michigan Capitol Confidential. He may be That can get discouraging, the Medicaid expansion tied to say to be careful not to throw reached at [email protected]. because it seems like Washington the president’s health law, and the out the proverbial baby with has been controlled by the $3 billion in “free” federal cash the bathwater. I’d say put any of “everything you want” and that comes with it every year. The the governor’s and Legislature’s “everything you’ve got” crowd for Mackinac Center ideas lost that disappointing actions in context Jarrett Skorup is research associate for Michigan Capitol Confidential. He may be a long time. one in the end. with their overall record. reached at [email protected]. We can fix Washington, But let me tell you what we To my friends in the GOP but not by beating our heads won. We achieved something establishment, I’d say you’re Michigan Capitol Confidential December 2013 | 4

Court Ruling Supports State Law That Prohibits New Bill Would Shed Light On Discrimination of Non-Union Contractors Asset Forfeiture In Michigan ‘Fair and Open Competition in Governmental Construction Act’ back in force By JARRETT SKORUP enforcement to take property By Jack Spencer whether or not they are affiliated entering into PLAs and then forcing Imagine you own a restaurant. without even charging people, with a union,” Fisher said. “This the terms and conditions found The Michigan law that limits the A patron visits with a marijuana never mind convicting them means the people of Michigan will within on bidders, contractors, of a crime,” said Lee McGrath, use of Project Labor Agreements joint tucked in his pocket. no longer have to pay for crony and subcontractors. Such a limited legislative council at the Institute on government projects is Suddenly, the police storm in, construction agreements that are action is similar to those found to be for Justice (IJ). “Worse, Michigan’s constitutional, according to a U.S. arrest the man for possession and taxpayer rip-offs.” proprietary by the Supreme Court, current laws give police officers 6th Circuit Court of Appeals ruling. inform you that they are taking Michigan’s Fair and Open this court, and other circuits.” and prosecutors incentives Project Labor Agreements (PLAs) your business, selling it, and Competition in Governmental A statement posted on the because forfeiture proceeds go to mandate requirements that typically pocketing the profits to help fight Construction Act (Public Act 98) official website of Attorney General supplement their budgets. And fit only union guidelines and practices. crime in the state. was one of the changes Gov. Rick Schuette points out that 18 other law enforcement gets to choose The requirements virtually eliminate An impossible violation of your Snyder and Republican-controlled states either have public contracting which crimes it pursues and cases non-union contractors from the rights? No. bidding process for projects. Public legislature made to undo some laws or executive orders in place that it prosecutes.” While the above situation is Act 98 of 2011 prohibited PLAs from of the anti-competitive systemic are similar to the Michigan law. Michigan got a “D-” for its extreme, similar situations have being used on government projects. advantages unions had acquired over The website also includes the forfeiture laws, according to an IJ happened in Michigan and around With the 2-1 court decision, the previous decades. following quote from Schuette: study published in 2010. According The Michigan Building and the country. The practice is known three-judge panel lifted an injunction “The public contract bidding to the study, “Policing For Construction Trades Council as civil asset forfeiture. that had prevented the state from process should be open and fair Profit: The Abuse of Civil Asset challenged the law in court, arguing In fact, the federal government enforcing the law. This change impacts for all of Michigan’s builders and Forfeiture,” government agencies that the federal National Labor took in more than $4 billion all local government, school district, contractors. Encouraging robust seized $149 million worth of assets Relations Act (NLRA) pre-empted in 2012 through the practice, community college, and public competition and free enterprise will from 2001-2008. it. In early 2012, U.S. District Judge according to the Institute for university construction projects that improve efficiency and save hard- But a new bill seeks to change Victoria Roberts agreed and issued Justice, a libertarian public interest use state, federal or private funds. earned taxpayer dollars.” that in Michigan. House Bill 5081 The pre-hire requirements the injunction prohibiting the state law firm that represents many Unions opposed to the law do not would “give taxpayers the ability to mandated by PLAs favor unions at the from enforcing the law. people charged in forfeiture cases. have many options left, said Patrick see the full picture of what assets expense of taxpayers and the majority In response to the injunction, “Forfeiture allows law See “Forfeiture” Page 8 Wright, senior legal analyst with the of construction workers in the state. Michigan Attorney General Bill Mackinac Center for Public Policy. According to the U.S. Bureau Schuette appealed the decision and “They could ask the court of Labor Statistics, 13.2 percent of the legislature took action. Senate SEIU Under Investigation Over Prop 4 to reconsider, but that probably construction workers nationwide Bill 1085 directed the issue more ‘Dues Skim’ took $35 million from Medicaid recipients wouldn’t be realistic,” Wright said. belong to a union. A 2012 report toward best use of taxpayer dollars from Unionstats.com (a project and access to open bidding than “If they continue to pursue the case, By Jarrett Skorup an East Lansing company called had been the case with the original it seems likely that they’ll either ask from researchers Barry Hirsh of The Detroit News reported Home Care First Inc. Citizens for language of the act. The measure was that the full U.S. 6th Circuit Court of Georgia State University and David that the State Bureau of Elections Affordable Quality Home Care Appeals take it up or they’ll try to go Macpherson of Trinity University), signed into law by Gov. Snyder on began a formal investigation of the sponsored the ballot proposal. on to the U.S. Supreme Court.” found that 18.8 percent of Michigan June 26, 2012. Service Employees International In campaign finance reports, the Patrick Devlin secretary construction workers are unionized. “It is not banning PLAs, and Union regarding its group claimed almost all of its treasurer of the Michigan Building Associated Builders and contractors who enter into PLAs financing of a ballot donations came from Contractors of Michigan President can compete on equal footing with and Construction Trades Council proposal last year. Home Care First. Chris Fisher said the Court of non-PLA contractors for public said he was withholding comment Proposal 4, The Freedom Appeals ruling is a victory for the contracts,” Appeals Court Judge John on the situation until “our attorneys which would have Fund alleges Home people of Michigan. Rogers wrote in the panel’s majority have had a chance to fully review Care First was set + locked into the state “With this decision the court opinion. “Private entities, including the decision.” constitution the up in March 2012 to made it clear that no Michigan contractors working on government skimming of millions pour $9.3 million into The original version of this story was the ballot campaign citizen can be denied the projects, remain free to enter into posted online on Sep. 12, 2013. It is of dollars each year from the opportunity to work on a public PLAs. The law’s effect is limited to available with hyperlinks and more caretakers of disabled people, was and initially hide the SEIU’s construction project based on forbidding governmental units from info at www.MichCapCon.com/19128. defeated by 14 percentage points. involvement. Chad Livengood in The News After months of putting money MichCapCon.com /MichCapCon reported: into a campaign committee, There’s The complaint focuses on records show, Home Care First Michigan Capitol Confidential publishes exclusive online content daily, formed its own ballot committee including videos and links for more information. Whether by daily email, a group called Citizens for a week before the Nov. 6 election more! Facebook, or Twitter, discover CapCon online today! Affordable Quality Home Care and See “SEIU Under Investigation” Page 10 Michigan Capitol Confidential December 2013 | 5 Detroit Still Sending Tax Notices 15 Years After Company Closed

By Jarrett Skorup The Bogaerts sold the lot not the resources to keep all its they owned across the street and lights on today.” Most business owners regret eventually abandoned their building Michigan Capitol Confidential that time of year when taxes are (pictured nearby). The City of reached out to the treasury due. But how would you feel if the Detroit website has no record of division of the finance department government was still requesting taxes owed on the property. for the city, which is the number money more than a decade after the On the latest bill, Bogaert wrote listed on the tax bill, but the phone company had closed? on the bill that she sent back to the rang without anyone answering. That’s what has been happening city: “We do not own this building A call to Cheryl Johnson, finance to a couple of former Detroit and have not been there in more director, eventually reached a residents. Rose Bogaert and than 15 years.” mailbox that was full. her husband operated a metal “This is another warning Bogaert said she and her straightening company, Detroit The abandoned property at 8007 Joy Road before it was demolished. about trying to make a go of it in husband wanted to stay in the city, Straightening Services Inc., for 28 Detroit,” said Michael LaFaive, but high taxes, lackluster services years. They said high taxes and low Fifteen years after they left the “We left Detroit and director of the Morey Fiscal Policy and numerous break-ins eventually services from Detroit eventually city, Detroit still periodically sends everything we owned in it,” Initiative at the Mackinac Center forced them out in 1998. Detroit has forced them to close. out tax notices to Bogaert, who Bogaert said. “For years, they for Public Policy. “The marriage the highest income tax in the state The couple no longer owns the now lives in Dearborn Heights. She have been sending us bills on fire of high taxes, regulation and poor and among the highest property and building. Rose said she thinks the said they have received 10 or 12 tax permits, taxes and anything else services creates every sort of business taxes in the nation. It also city took it over and demolished it. bills since they left. The latest was you can think of. It has been 15 mischief. It’s instructive that the charges a litany of fees to businesses. But Detroit still wants sent Aug. 1, for $181 on behalf of years since we have been in that city has the resources to go after Over the years, three people were tax money. the fire department. building and they still come.” those who have long ago fled, but See “Detroit Taxes” Page 12 U.S. Supreme Court Agrees To Look Court Orders City To At Forced Unionization By Jack Spencer caregivers who were forced into filed an amicus brief in the case Comply With FOIA the union. That scheme officially on Jan. 4, 2012. Westland ruled to have ‘subverted’ the law The United States Supreme ended this year. “We were in the middle of Court will hear a case involving the By JaCk Spencer In the class action lawsuit a similar legal battle here in rate. There was no basis for what forced unionization of “personal headed to the Supreme Court, Michigan at the time and we The city of Westland they were charging.” care providers” in Illinois that the The document fees and hourly Pamela Harris and seven other knew that the same problem “subverted” Michigan’s Freedom of Mackinac Center Legal Foundation rate are nearly identical to fees Illinois personal care providers was occurring in other states,” Information Act and must comply and two other groups asked the quoted to Michigan Capitol are challenging a forced unionism said Patrick J. Wright, director with the law, according to a recent Court to hear. put in place by two Illinois of the Mackinac Center Legal judge’s ruling. If the high court rules against governors, former Gov. Rod Foundation, in a press release. “It “They [Westland officials] were the Illinois forced unionization, Blagojevich and current Gov. Pat needs to be settled on a national the decision could outlaw over charging,” said William Maze, Quinn. Harris and other personal level and the Supreme Court needs the Livonia attorney who sued the such schemes nationwide. In care providers claim the forced to make it clear that forcing people city. “Clearly they were doing it to Michigan, the Service Employees unionization violates their rights into a public-sector union against make a profit.” International Union took more to free expression and association their will simply because a portion Maze said the case involved a than $34 million from tens by forcing them to subsidize of their income is derived from request for information from the Watch a video about the lawsuit of thousands of home-based union lobbying. public dollars is unconstitutional.” police department. He said he at MichCapCon.com/19232. Attorneys with The Illinois lawsuit was thought Westland might have set the National Right to filed after Gov. Quinn issued Work Legal Defense an executive order in 2009 its rates high to discourage the Confidential for a FOIA request it Foundation are designating 4,500 people, who public from filing FOIA requests. made earlier this year. The Mackinac representing Harris and had previously not been a legal “They were charging $75 per Center for Public Policy filed a the other providers. The target for unionization, as “public video (and) $35 for audio,” he said lawsuit against Westland claiming Mackinac Center Legal employees.” With the status as of Westland’s FOIA charges. “[For those fees violated the state’s FOIA Foundation, along with public employees, the providers documents] they were charging law. That case is still pending. The Cato Institute and will be vulnerable to repeated $5 for the first and second page Maze took the city of Westland the National Federation attempts to be unionized. and $1 per page thereafter. Or you to court over its FOIA fees and of Independent Business See “Forced Unionization,” Page 12 could pay a flat $45.61 per hour See “City Sued,” Page 15 Michigan Capitol Confidential December 2013 | 6 commentary Effort In Lansing To Override Voters’ Parent: ‘Even after my kids graduate I’ll still Rebuke of Higher-Cost Energy Mandate come back and help this school’ By Jack Spencer Charter school company proving critics wrong The federal government says virtually all of Michigan, except for By Manny Lopez Whether it’s Ruffin Green, the shores of the Great Lakes, is HIGHLAND PARK — No parent chooses to send the school’s security guard, “poor” or “marginal” for wind energy. their child to a school where mice scamper through greeting you with a handshake But that’s not stopping a variety of classrooms, where garbage fills the hallways and the as you walk into the building, groups and some legislators from school pool and bathroom tissue is rationed off and or Superintendent Pamela pushing to increase the state’s handed out only from the main office. Williams talking to students in renewable energy mandate. Yet for years that’s what students in the former the halls or Principal Carmen In response, a protest occurred at Highland Park School District were forced to endure Willingham talking about the Kellogg Center in East Lansing on a daily basis. Parents and teachers complained, renovations to the third floor during the American Wind Energy but nothing happened. It wasn’t for lack of money. of the building, it’s clear there is a plan, a mission and Association Wind Forum. Michigan,” said Kevon Martis, The public school district was spending nearly a spirit to get things done. At issue is an ongoing effort by director of the Interstate Informed $20,000 per student — the highest in the state. “This school shows you what can become of some the wind energy industry to increase Citizens Coalition, which organized Things got so bad that the state appointed an of our most troubled schools,” said Audrey Spalding, Michigan’s current 10 percent the protest. “These are the same emergency manager and eventually the school director of education policy at the Mackinac government imposed renewable people who pushed for the failed district was turned over to The Leona Group, a Center for Public Policy, who has chronicled the energy mandate. In Michigan, Proposal 3 ballot measure last year. charter management company. The teachers unions transformation of the district for the past year. renewable energy has become a Our message to them is that ‘no complained. So did some parents and community To get a better sense of how bad it was and euphemism for wind power. means no.’ “ activists, whose reaction was to protest because the what $1 million in cleanup looks like, listen to the Last November, Michigan voters In 2008, the state Legislature passed an energy bill that became status quo was being disrupted. teachers, some of whom took significant pay cuts to rejected Proposal 3 by a 64 percent to 36 percent margin. It would have Public Act 295. The law mandated Gloria Liveoak was one of those people who stay, and to the parents who appreciate the efforts of constitutionally increased Michigan’s that 10 percent of Michigan’s complained. She actively lobbied against the Leona those educators. Group, and like many former Detroit Public Schools renewable energy mandate to 25 energy be generated by alternative “Even after my kids graduate I’ll still come back employees, thought charter schools were bad for percent by 2025. Yet, in spite of the sources by 2015. That mandate was and help this school,” said Davonda Huff, a parent- students and the community at large. voters’ rejection of the idea just a sold to lawmakers and the public volunteer whose second-grade daughter and fifth- Not anymore. Now she’s not only working in one, year ago, wind power proponents as a means of cutting greenhouse grade son both now have 4.0 GPAs. “I love this place she’s promoting it as a good choice for parents. She’s continue to pursue higher mandates. gas emissions, in part, by replacing and The Leona Group.” now a full-time parent liaison at the Highland Park In fact, the mandate percentages so-called “dirty” coal burning Renaissance Academy and based on the cheers she got Things aren’t perfect, and there still is a long now being discussed are higher plants with “clean” wind power. when a video of her was played at a press conference way to go. But students and parents have hope for than the 25 percent of Proposal 3. A federal judge has written Tuesday, she’s a favorite among teachers and parents. the future thanks to the choice they were given by a Mandates of 30 percent and higher that the Michigan law is likely company that was willing to step in and improve a an unconstitutional violation You don’t need to spend much time in the + are being promoted. hallways or classrooms of the Renaissance Academy situation that had deteriorated for far too long. “The names on the speakers of interstate commerce, since it discriminates against out-of-state to see that the dedication and commitment to The original version of this story was posted online on Nov. list for the AWEA event are the education is real and unencumbered by bureaucracy, 20, 2013. It is available with hyperlinks and more info at who’s-who of wind profiteers companies. administrative obstacles or obstructionists. www.MichCapCon.com/19383. and opportunists in the state of See “Energy Mandate,” Page 10

By Jack spencer freedom to choose whether they want to pay dues or fees to a Capitol Protesters Fined Seven people with ties to the SEIU Healthcare Michigan, union as a condition of employment. An eighth protester, Ida $500 Each For Trying To the union affiliate involved with the home health care dues Sinclair-Williams, charged over the incident has not been tied skim, each were fined $500 at hearings in Ingham County’s 54A to SEIU Healthcare Michigan. Storm Senate Chamber District Court for their part in a protest in Lansing over the One of the protesters arrested on Dec. 6, 2012, and fined state’s right-to-work law. recently was Joshua Kersting, the son of SEIU Healthcare As part of a plea agreement, the SEIU Healthcare Michigan Michigan President Marge Faville. The other six SEIU staff members were allowed to plead guilty to reduced Healthcare Michigan staffers arrested and fined were: Chreda misdemeanor charges of “disorderly jostling” instead of the Troutman, Eric Noyes, Stephen Cousins, Brett Matthews, Scott charges of “attempted resisting and obstructing police” to which Holiday, and Benjamin Wilkins. they pled guilty earlier this year. SEIU Healthcare Michigan took more than $34 million The charges stemmed from their actions on Dec. 6, 2012, from home-based caregivers in Michigan as the result of a at the State Capitol when they attempted to charge onto the forced unionization between 2006 and early 2013. The scheme The arrested protesters in court. Senate floor to disrupt discussions about giving workers the See “Protesters Fined,” Page 11 Michigan Capitol Confidential December 2013 | 7

Prohibition Era Rules Prevent Michigan Bars Legislators Vote To From Having Glasses or Napkins With Logos Continue Special Subsidy By tom gantert Senate Bill 505, which would According to The National Program Without Knowing Every year, Ashley’s restaurant prevent manufacturers and Alcohol Beverage Control in Westland holds a Belgian Beer wholesalers from giving vendors Association’s 2012 survey, Whether It Works Festival that highlights more than any item that has advertising Michigan and Kentucky are the By tom gantert Sen. Rick Jones, R-Grand 60 different Belgian drafts. on it for the use of anything only states that prohibit any Ashley’s owner Jeff More but advertising. For example, a “retail merchandising specialties.” The state senate Ledge, said he supports more says that due to state laws and manufacturer couldn’t provide a But several states have varying overwhelmingly passed a bill transparency on how 21st Century bar with a beer mug with a Bud regulations that date back to the stipulations about what is allowed. extending the life of an $844.5 Jobs Fund money is spent. He Light logo on it or a napkin with Prohibition Era, he pays twice for For example, in Ohio, barware million economic development voted “yes” on the bill to provide the Jack Daniels logo. glasses with Belgian logos on them advertising is allowed but items program despite the legislators not more money to the fund. In fact, the Michigan Liquor and can only use the glasses for the can’t be valued at more than knowing how well the program “I think the feeling that if we Control Commission has a rule 11 days of the festival. $25 each. In Illinois, advertising was performing because of a lack don’t have some sort of mechanism More said the kegs are shipped that doesn’t allow bars to have beer in place to attract jobs in on barware is allowed but the of transparency. with the special glasses to beer glasses or napkins with logos on Michigan, then Indiana and Ohio their premises. If SB 505 passed, restaurant or bar much purchase it. Senate Bill 269 would extend distributors in Michigan and and surrounding states will eat our the bill would make law of the More said Ashley’s was able to funding for the 21st Century Jobs the price includes the cost of the lunch,” Sen. Jones said. liquor commission’s current rule. get the glassware with logos for its Fund an additional four years; it glasses. But because of an archaic But Hohman said these Michigan didn’t even allow bars festival because the state made a was supposed to sunset in 2015. state law, Ashley’s also has to pay incentive programs are better at the distributor for the glasses. to put up illuminated advertising rare exception. He said he disagrees It passed the senate by a 33-4 vote producing press releases than That’s because the state’s “aid signs until Attorney General Mike with the state’s restrictions. Oct. 31. The bill now goes to the actual jobs. and assistance” law prevents Cox issued an opinion in 2004 that “There isn’t a rational reason House of Representatives. The 21st The 21st Century Jobs Fund any vendor from providing said the ban was unconstitutional (for the restrictions) except to Century Jobs Fund was created has been roundly criticized for anything of value for free to any and an infringement of the First inhibit business growth in the using money from a tobacco inaccurate reporting, repeated wholesaler, manufacturer, grocery Amendment. state,” More said. “If you are a beer company lawsuit settlement. failings of past companies bar or tavern. Andy Deloney, chairman of distributor and you don’t want “It’s not possible to get a clear the Michigan Liquor Control subsidized, and the idea that On the final day of the festival, to give away free beer ware, then picture of how well the 21st Commission, said the liquor bureaucrats are better at spending all the glasses with logos have to be don’t do it.” Century Jobs Fund is performing removed from the bar, which More commission is going to look at money through centralized Troy Tuggle, spokesman for because the state doesn’t report said requires a truck. the commission’s bar logo rule, planning than the private market. Sen. Hune, didn’t respond to a on the results on many of their “I paid for it,” More said. which some think may have The bill’s future in the House request for comment. projects,” said James Hohman, “Shouldn’t I get to use it?” spurred the legislation. a fiscal policy analyst for the is uncertain. But he said even if the MLCC Mike Lashbrook, president of the The restrictions are part of the Mackinac Center for Public Policy. “Our caucus is reviewing convoluted laws and regulations allowed barware with logos, the Michigan Beer & Wine Wholesalers The Michigan Economic the reporting requirements and that are being debated in Lansing state’s “aid and assistance” law Association, didn’t respond to an + Development Corp.’s 2012 report transparency for the 21st Jobs and involve the distribution of still would apply and not allow email seeking comment. stated the 21st Century Jobs Fund’s Fund and looking at some things alcohol in Michigan. establishments to receive free The original version of this story was Competitive Edge Technology that could improve upon the A bill from Sen. Joe Hune, barware with logos on them. The posted online on Nov. 4, 2013. It is Grants program gave out $137 Senate bills, the majority of which R-Hamburg, would add to the restaurants and taverns would have available with hyperlinks and more were approved by the Senate state’s alcohol laws. He introduced to buy those items. info at www.MichCapCon.com/19320. million in grants and loans and created 999.19 full-time jobs. prior to the latest audit on the But the information about program,” said Ari Adler, director the 21st Century Job Fund’s of communications for House performance is not clear. Speaker Jase Bolger, R-Marshall. news For example, that 2012 MEDC “As we have more information issues policy now than the Senate did when it report states that the company IA Inc./Three Fold Sensors reported voted, it wouldn’t surprise me to negative 3.84 jobs. see some amendments that could Hohman questioned how a address shortfalls in the operation “Like” CapCon on Facebook and get the + day’s stories and highlights. company could generate negative of that program.” Informative. Investigative. Daily. Online. 3.84 jobs and wondered whether MichCapCon.com The original version of this story was legislators know what taxpayers posted online on Nov. 7, 2013. It is A news service for the people of Michigan from the Mackinac Center for Public Policy are receiving for their money that available with hyperlinks and more is invested in this program. info at www.MichCapCon.com/19328. Michigan Capitol Confidential December 2013 | 8

Lawsuit Filed to leave the union. agency after her and it would affect “doesn’t want to belong to the those wanting to leave. from Page One “I had no clue about the her credit rating. union” whited out. “Members who indicate they window,” she said. “I am a 24-year-old woman,” Chanski contacted the wish to resign membership in She called the Uniserv director Patrick Wright, director Chanski said. “Who knows what Mackinac Center Legal Foundation March, or whenever, will be told and was told she was out. But she of the Mackinac Center Legal I’ll be doing some day. [Maybe] to file suit against the MEA on her found it wasn’t quite so simple. they can only do so in August,” Foundation, said the August buying a house someday. My credit behalf. During the second week of window is “a time period the union is very personal to me and it’s “I definitely think there was he wrote, adding that the union school, the president of the union has kept hidden from its members.” something I take pride in.” information withheld from us and will pursue legal action against at Chanski’s school went to her classroom before school and said “[T]he union says if you don’t Wright said that “no one should I think withheld for the reason members who don’t pay their fees. resign during this period we be able to trash your credit because of keeping members,” she said. she had gotten word that Chanski For a list of those filing suit along presume you meant to stay with us of your personal beliefs.” “Keeping members against their will + wished to opt out of the union. with Miriam Chanski, see page 9. She asked if Chanski had sent and therefore we were counting on “Freedom is not a one-month- in … circumstances like my own.” in a separate letter to the MEA. you and should get your money for a-year concept,” he said. MEA President Steve Cook sent Chanski said she was not aware of an entire year,” Wright said. When Chanski asked for her a letter to local union presidents The original version of this story was a separate letter she was supposed Chanski said the MEA told her e-dues form back, the union in January of this year in which he posted online on Oct. 21, 2013. It is to send. The president told her that that if she didn’t pay her union could only produce a copy. On the said the union will use “any legal available with hyperlinks and more she had missed the August window dues, it would send a collections copy is the shadow of the phrase, means at our disposal” to combat info at www.MichCapCon.com/19278.

has not been maintained. I think in Clarkston, alleging a major 1988. There were no drugs, but a enhance transparency. Cara forfeiture the bill puts a structure in place cocaine operation. Police never dog reacted to three $1 bills in the Sullivan, director of the Justice from Page Four that everyone has to follow, with found any drugs, but found a lot cash register and that was enough Performance Project with the are seized, whether the person was a central repository. It is my hope of cash and used that to charge for officials to seize all of the store’s group, said she thinks property ever convicted of a crime, the value that this will make sure funds him with several crimes, most money, totaling $4,384. Haji was seizings are a problem across of the assets, and other details are not diverted and confiscated of which were thrown out in never charged with a crime. the nation. pertaining to the process.” property is tracked.” court. The government seized Federal agents suspected “Oversight is needed to ensure It was introduced on There have been many the family’s $3.2 million bowling James Fouch and his two sons forfeiture is not used to seize October 16 by Reps. Tom prominent cases of forfeiture alley and over $2 million in other of engaging in a loan fraud the private property of innocent McMillin, R-Rochester Hills; in Michigan: assets, some of which was owned scheme in 1992. They raided their Americans,” Sullivan said. “Policies Rose Mary Robinson, D-Redford In January, the Dehko bank by other family members not Grand Rapids home, eventually that require agencies to report Township; Doug Geiss, D-Taylor; account of the family grocery store charged with a crime. Puertas auctioning off the property and the circumstances under which Harvey Santana, D-Detroit; Jeff in Fraser was seized by federal eventually was convicted based seizing $500,000 in cash and sales property is seized increase Irwin, D-Ann Arbor; Martin agents. Federal law requires banks on the controversial testimony revenue. No criminal charges were government transparency and Howrylak, R-Troy; Joel Johnson, to report transactions above of a drug addict who claimed he ever filed against the family. accountability.” R-Clare; Mike Callton, R-Nashville; $10,000 and the government says bought cocaine at the bowling One Michigan case, Bennis v. The IJ’s McGrath said and Frank Foster, R-Petoskey. store owner Terry Dehko was alley, though undercover officers Michigan, went all the way to the “forfeiture proceeds are no different from taxes.” Rep. Geiss said the bill, “sheds avoiding this by making slightly and surveillance from police never Supreme Court. John and Tina “[The bill] will improve the sunlight on what type of materials smaller deposits to the bank. But documented a sale. His sentence Bennis jointly owned an automobile information state legislators or dollars are being forfeited and Dehko says he has an insurance was later commuted by Gov. that the husband used in a criminal receive about law enforcement’s what is being done with those.” policy that will not cover him for Jennifer Granholm. act with a prostitute. Despite not priorities; what crimes the seizures “The goal should be that we loss or theft over $10,000, thus, Ann Arbor artist, Judy Enright, being involved in the crime (for are associated with; whether have zero forfeitures,” Rep. Geiss he often makes deposits in the added feathers she found on the which John was convicted and fined Michiganders are being convicted said. “But the reality is that a lot of $9,000 range. The family has not ground to a painting and had $250), the vehicle was seized and before they lose their property; departments base their budgets on been charged with a crime, but the her work seized by U.S. Fish and sold by police. and related information,” he said. recurring forfeiture dollars. There government has seized $35,000. Wildlife officials in 1993. She was “Law enforcement agencies “I am thrilled that the bill has such have been allegations in the state In 1997, 100 federal agents not charged with a crime. across Michigan seized nearly $85 bipartisan support.” of Michigan that monies have not stormed the home and businesses Detroit police raided Joseph million in property from residents Kenneth Grabowski, legislative been used properly and inventory of 70-year-old Joseph Puertas Haji’s market for a drug arrest in over the last three years,” McGrath director of the Police Officers said. “Nearly $70 million of those Association of Michigan, said the funds went to supplement the group, “supports the concept, but budgets of prosecutors and police has not had the opportunity to Managing Editor: Manny Lopez Designer: Daniel Montgomery + agencies … Michigan’s current review the bill in detail.” Michigan Capitol Confidential is published quarterly by the Mackinac Center for Public Policy, a nonprofit, nonpartisan, tax-exempt reporting system is lacking.” research and educational institute devoted to analyzing Michigan public policy issues. Michigan Capitol Confidential is distributed to The American Legislative The original version of this story Michigan residents who have expressed an interest in public policy matters, as well as members of the media and lawmakers and policy Exchange Council has suggested was posted online on Oct. 19, 2013. staff in the Michigan House, Michigan Senate and Office of the Governor. All rights reserved. Permission to excerpt or reprint is hereby It is available with hyperlinks, a granted provided that Michigan Capitol Confidential, the author and the Mackinac Center for Public Policy are properly cited. model legislation on asset video of the event and more info forfeiture bills that would greatly at www.MichCapCon.com/19274. 140 West Main Street, Midland, Michigan 48640 989-631-0900 www.mackinac.org MichiganVotes.org MichCapCon.com Michigan Capitol Confidential December 2013 | 9

Arthur plans to retire at the “What I really expected was a end of the school year, but decided handshake for 34 years of union Union Threatens Hall of Fame he no longer needed the union’s dues and saying that they were services. He sent a letter Sept. 16 sorry that I was leaving the union Coach With Legal Action to the union president saying he and that if I changed my mind wanted to opt out of the union as this is how I could get back in,” he For Not Paying Dues part of the state’s right-to-work law. See “Coach” Page 12 In response to being told he By Tom Gantert was not allowed to leave the union, He believes the one month been enshrined in a local, state or Teachers across Michigan window is problematic for a variety Arthur filed a complaint with the In 34 years of teaching and national hall of fame. He finished have chosen to protest their of reasons. Michigan Employment Relations paying dues to the union, William his wrestling coaching union’s treatment of them and “What is really irritating is Commission have filed formal complaints “Ray” Arthur said he had never career 10th in the that they don’t tell you about it,” against the with the state against their heard of the “August window,” which country for all-time Arthur said. Petoskey Education unions and the MEA. the Michigan Education Association victories. In the multiple decades that Association and But just over a year • Miriam Chanski, a says is the only time teachers are Arthur has belonged to the union the Michigan kindergarten teacher allowed to leave the union. later, he said the union Education he has paid tens of thousands of in Coopersville who After sending a letter to the told him it would treat Association. He is dollars in dues. is a member of the Petoskey Education Association him like “any other He is now a gym teacher in the being represented Coopersville Education resigning his membership, the district and has been recognized person who doesn’t in the unfair labor Association; union said he was a month late. locally and nationally for his work pay their bills.” practices complaint • William “Ray” Arthur, Arthur said the union told him if he as a wrestling coach. In February “I was pretty by the Mackinac a high school teacher in didn’t pay the dues it could affect 2012, Arthur was inducted into the shocked by that,” Center Legal Petoskey who is a member his credit and that the union may Petoskey High School Hall of Fame. Arthur said. “I’m no Foundation. of the Petoskey Education pursue legal action. It was the fifth time Arthur had deadbeat.” William “Ray” Arthur Association; • Matthew Knapp, an art teacher at Ruben Daniels Middle School and it’s financial, personal beliefs, or member of the Saginaw Teacher Got Plenty of Info About whatever. … It’s not a matter of Education Association; being in favor or opposing unions • Kurt Alliton, a technology or making a political statement. teacher at the Thompson Paying Union Dues, Nothing It’s a matter of principle and Middle School and doing what’s right. member of the Saginaw About Opting Out of the MEA “I’m not here to make an anti- Education Association; • Susan Romska, a By Tom Gantert union statement because that’s LaPorte and other teachers said LaPorte is one of seven teachers geometry teacher at Arthur not the case,” he said. When the right-to-work they were not informed of that who filed unfair labor complaints Hill High School and The MEA’s strategy of keeping legislation passed in December, policy. He said union officials with the Michigan Employment member of the Saginaw teachers in the dark about the Saginaw Arthur Hill High School defended their actions when asked Relations Commission against their Education Association; August opt out window will have • Jason LaPorte, a social teacher Jason LaPorte said why members were not informed. local unions and the MEA. The LaPorte kept an email from Mackinac Center Legal Foundation repercussions because a lot of studies teacher at Arthur he received numerous emails Hill High School and a union official that read: “I do is representing the teachers. members have a bad taste in their explaining how to pay his union member of the Saginaw mouth over it, he said. dues electronically. not know of any membership LaPorte said some teachers Education Association; “I’ve had teachers contact me But the social studies teacher organizations that tell people received a phone call, email or • Kathy Eady-Miskiewicz, who have been teaching for 25 said he didn’t get anything about how to resign their personal letter an English teacher at years and knew nothing of the how to leave the union when it membership.” asking why they Arthur Hill High School and window and they were asking me a member of the Saginaw became possible. Saginaw were opting out. questions,” LaPorte said. “Some Education Association. “I do feel taken advantage Education “No one should teachers told me that they will of,” LaPorte said. “I think once Association feel guilted into bite the bullet this year and pay, right-to-work legislation passed, President Leann explaining why then opt out next year. I think get some people, but in the long the union should have been more Bauer and Michigan they are exercising some people who haven’t paid yet run they will lose membership informative with the procedures Education any right they are playing the waiting game to based on how they’re handling of all union functions going Association have,” he said. “Not see how this plays itself out. … + forward that were affected by UniServ Director one single person things.” If things continue to be handled right-to-work.” for Saginaw Sue owes anybody the way they are, they will lose The original version of this story was The Michigan Education Rutherford didn’t an explanation. membership. And right now, by posted online on Oct. 29, 2013. It is Association only allows its respond to requests Everyone’s situation available with hyperlinks and more hook or by crook, they’re going to members to leave in August, but for comment. Jason LaPorte is different whether info at www.MichCapCon.com/19303. Michigan Capitol Confidential December 2013 | 10

Energy Mandate proven, reliable source of electricity SEIU under ended, Spencer summarized administration of former Gov. from Page Six that provides benefits for ratepayers what happened: "In an effort to Jennifer Granholm, and continued and job-seekers in Michigan and Investigation increase dues paying members, But the law did not require that from Page Four with the help of Sen. Roger Kahn, across the country,” said Lindsay the SEIU targeted the Medicaid emission levels be monitored to R-Saginaw. Over the lifetime of North of the AWEA. “That’s probably and reported all of its money checks of Michigan's home-based measure whether the mandate was why polls show over 70 percent of came from SEIU. caregivers. A forced unionization, the scheme, the SEIU took nearly working. No cost/benefit analysis Americans support growing more Michigan Capitol in 2005, was used to force the $35 million from people taking was required by the state’s renewable wind power (according to Gallup) Confidential's Jack Spencer filed caregivers into the SEIU. Key care of the sick and elderly in energy mandate. Instead, it was and nearly three-fourths of Michigan 70 stories documenting the assumed, apparently on faith, that elements of the scheme included Michigan. voters want to see the state’s use of dues skim from the beginning, wind power would be an effective a dummy employer, a stealth by- renewable energy expanded.” including articles on the groups method of decreasing emissions. mail election, and avoiding any The original version of this story was Because wind energy’s output North said wind power brings the SEIU set up to continue the media attention." posted online on Sept. 19, 2013. It is is dependent on unpredictable economic benefits to Michigan. money flow. This started with the help available with hyperlinks and more changes in the weather, activists who “Over $1.9 billion has been When the scheme finally of officials employed in the info at www.MichCapCon.com/19159. oppose a renewable energy mandate invested in Michigan by wind power,” maintain that it is not a standalone North said. “Michigan landowners nothing to increase MEDC performance to hold the MEDC replacement for fossil fuel-fired receive $2.8 million in lease payments MEDC Transparency transparency. accountable for the taxpayer from Page One generating plants. Instead they see annually. Because of private “Right now all the bill does dollars it spends,” Rep. Switalski wind power as — at best — a fuel development of wind in the Great real teeth into legislation (House is tell the Legislature how the continued. “Any money that is not saving accessory for fossil generation, Lakes State, Michigan now ranks Bill 4480) that is supposed to make MEDC wants to be graded,” being used efficiently should be primarily gas. They point out that, 10th in the country in total wind the MEDC more transparent. Hohman said. paid back.” in Michigan, wind energy contracts energy related jobs and there are now In fact, House Democratic House Bill 4480 is part of a House Commerce Committee average $80 per Mwh (megawatt 40 manufacturing facilities in the Leader Tim Greimel, D-Auburn multi-bill package that would Chair Rep. Frank Foster, hour) and can only save $25 to $35 state, helping to support more than Hills, told Michigan Capitol amend the Michigan Strategic R-Pellston, said he’s committed to per Mwh of fossil fuel. 3,000 jobs. With the right policies in Confidential that House Fund Act. The Michigan Strategic a bill package that includes strong Those skeptical of the value of place, Michigan can add more jobs Democrats want more than Fund is an entity with broad transparency provisions. wind power in Michigan argue that and more private investment in the transparency; they want authority to engage in promoting “We want to make a steady switch to natural gas would years ahead. provisions to recover the money economic development and job transparency the centerpiece of result in lower emissions than occur “In terms of savings for the MEDC spends on poorly creation and retention. These this legislation,” Rep. Foster said. with wind power and do so at a much ratepayers, due to declining costs of performing programs. programs and activities are “We’re willing to talk with as reduced cost to consumers. wind and other renewables, Detroit- “Energy policy is a matter of “We have to be able to know generally administered by the many people as necessary to get based DTE has decided to slash life and death,” Martis said. “It whether or not these programs, MEDC. this accomplished.” its renewable energy surcharge, an must not be the playground for which are corporate welfare, During the week just before Rep. Foster acknowledged that action that will reduce customer bills the latest theories of armchair have performed effectively,” Rep. the Legislature’s departure for House Bill 4480 probably wouldn’t by $90 billion,” North continued. environmentalists. The $2.5 billion Greimel said. “If it turns out that deer hunting, a hearing that had be ready until after the New Year. “And a new report by Synapse Energy squandered on wind energy to date they haven’t, we need meaningful been scheduled to take up the Rep. Tom Leonard, R-Lansing, Economics indicates doubling the use could have actually cut coal emission clawback provisions to get the MEDC legislation was canceled. the sponsor of House Bill 4480, said of wind energy in the Mid-Atlantic in half by now had it been spent on money back that has been spent.” According to well-placed sources, he wants the bill to be redrafted. and Great Lakes states would save gas turbine generation rather than When it was introduced in there currently aren’t enough “yes” “This remains a work in consumers nearly $7 billion per year.” wind (and it would have) delivered March, House Bill 4480 was votes on the committee to move progress,” Rep. Leonard said. When the mandate was originally cheaper electricity than wind.” touted as a bill that would bring the bill package. “We’re diligently working to try signed in 2008, Gov. Jennifer Additionally, Martis said that transparency to the MEDC. “House Bill 4480, as it currently to add as much teeth to it as Michigan ratepayers would see Granholm promised 17,000 jobs. Initially, however, the bill stands, doesn’t provide any possible. My intent is that the lower costs if they could purchase According to the Bureau of Labor appeared to represent no more increased transparency regarding next time we meet, whenever that wind energy produced in states Statistics, there were 4,256 jobs in than a pretense of transparency performance of programs under may be, we’ll be able to bring in a where wind is more reliable than it the category that includes solar and promoted by MEDC officials. the Strategic Fund,” said Rep. new substitute that provides real is in Michigan. wind jobs in 2008. By 2011, that had There were indications in the Jon Switalski, D-Warren, the “Michigan is locked into 20-year dropped to 3,728. transparency.” spring that House Bill 4480 would ranking Democrat on the House wind power purchase agreements Martis and some analysts In his first year in office, Rep. be strengthened. Instead, the bill Commerce Committee. “To me, at $80 per Mwh,” Martis said. “That question why the state needs to Leonard has bucked the majority has been in the House Commerce the Republicans have a choice. If same wind energy is available for $30 mandate select energy sources if they on several votes where he opposed per Mwh from Iowa. Why should Committee eight months and they keep the bill as it is, they’re expanding various corporate and are such good deals for businesses + + undergone no significant changes. not interested in transparency. Michigan ratepayers pay 2.5 times and consumers. developer subsidy schemes. what that energy is worth?” James Hohman, assistant They need to make significant The original version of this story was director of fiscal policy at the changes to the bill. The original version of this story was Wind power advocates maintain posted online on Oct. 31, 2013. It is posted online on Nov. 21, 2013. It is that higher mandates are worthwhile. available with hyperlinks and more Mackinac Center, said the current “They need to increase the available with hyperlinks and more “American wind power is a info at www.MichCapCon.com/19310. version of House Bill 4480 does amount of transparency regarding info at www.MichCapCon.com/19387. Michigan Capitol Confidential December 2013 | 11 Disrespect, Bullying Convinces Paraeducator That Union Not Interested in its Members By Tom Gantert in trouble with the MEA,” Breza Breza said she told Ellsworth she “[But] this has set a fire under me workers. She says both have been was with a child and didn’t want like you would not believe.” The anger rises in Amy quoted Ellsworth as saying. supportive of her decision to opt to talk in her classroom and would Breza filed a complaint with out. Her father offered to pay her Breza’s voice as the Clarkston Like many union members, deal with it later. She said Ellsworth the Michigan Employment dues, but Breza said the run in in Community School paraeducator Breza didn’t know the MEA continued talking to her and gave Relations Commission against her classroom ended any chance recounts what led her to become mandates that all teachers can only leave in August. She said it her the paperwork Breza needed to the Clarkston Paraeducators of that. an unlikely player in the legal fight complete to pay her dues. Association and the MEA saying was unclear to her as to how to “She tried to strong arm me,” against the Michigan Education “It did not matter,” Breza said she wasn’t informed about the opt out of the union. Breza said of her interaction with Association over the state’s right- of Ellsworth’s reaction. “She didn’t August window. She is one of a Ellsworth. “She didn’t have the to-work law. take into account there was a child number of teachers from around respect to call me in. I don’t know In September, Breza said she who couldn’t communicate. It the state that the Mackinac Center who they think they are.” was in her classroom with an was all about the $388 bucks. She Legal Foundation is representing In another instance, Breza said 11-year-old, non-verbal special couldn’t even say, ‘Hey, when you in cases against their local unions a co-worker called the MEA and needs student when her union are done, can you take a minute?’ “ and the MEA. said she couldn’t afford the union president, Jackie Ellsworth, came Ellsworth didn’t immediately Mackinac Center Legal dues. Breza said the co-worker into her class to demand she pay return a request for comment. Foundation Director Patrick Breza said the school’s Wright said Breza should be said she was told by the MEA: her $388 in annual dues. administrators would never eligible for right-to-work because “Ma’am, this is a business.” Breza, who makes $11.83 an have entered her classroom her union’s contract was reopened “Well,” Breza said, “If this is a hour at Sashabaw Middle School, unannounced. to alter health care provisions business, I don’t want to buy what said she was so angry with what “They have too much respect after right-to-work became law. they are offering.” transpired she went to her desk for me than to interrupt my By reopening the contract, Wright The MEA didn’t respond to a + and wrote down exactly what classroom like that,” she said. said the right-to-work law should request for comment. Ellsworth said to her in front of That experience changed be triggered. The original version of this story was the student. Breza’s views on the union. Breza said her father is a posted online on Nov. 13, 2013. It is “I am only trying to help keep To watch Amy’s story, go to “I [had] thought, ‘I will just shut retired GM union member. Her available with hyperlinks and more your job and not get you MichCapCon.com/19346. up and pay the $388.51’,” she said. brother and sister-in-law are GM info at www.MichCapCon.com/19346.

not been a large supporter of the Protesters Fined union to begin with, and when the from Page Six Teacher Who Never Wanted right-to-work action passed, I was excited about it. I was not notified was orchestrated when Jennifer Union Representation Still about a deadline. I’m trying to Granholm was governor. leave the union gracefully if they At the time of the Capitol Forced To Be A Member protests over the then-pending right- will let me. I think that the union’s to-work bill, the forced unionization, By TOm Gantert the union. When that happened, with the Michigan Employment responsibility is to fight for the also called the “home health care Knapp said he approached his Relations Commission against When Matt Knapp was hired right of the worker, and my right is dues skim,” was on its last legs, as the their local unions and the MEA. as a teacher in the Saginaw Public union about how to opt out. to not be part of the union. … That union was exhausting its final efforts School district 11 years ago, he said He said he was told he missed The Mackinac Center Legal is one right they won’t protect, to keep the scheme alive. he was given paperwork to sign to the August window to Foundation is apparently.” SEIU Healthcare Michigan representing the be a union member. leave, the only time the Saginaw Education Association did not respond to requests for Michigan Education teachers. + “Oh, no,” Knapp said he told the President Leann Bauer and comment. Association allows Knapp, 46, is an district employee. “I’d rather not be Michigan Education Association The original version of this story was members to opt out. art teacher at Ruben posted online on Oct. 5 2013. It is in the union.” UniServ Director for Saginaw To his surprise, he was told it Knapp said he did not Daniels Middle available with hyperlinks and more Sue Rutherford didn’t respond to info at www.MichCapCon.com/19197. was a condition of employment. know that was the only School in Saginaw. + requests for comment. That changed last year when time of the year he could “This has Michigan became a right-to-work leave. nothing to do with my school or the The original version of this story was state, which allows union members Knapp filed an unfair posted online on Nov. 1, 2013. It is Saginaw district,” the freedom to choose whether labor complaint along Matt Knapp available with hyperlinks and more they want to pay dues or fees to with six other teachers Knapp said. “I’ve info at www.MichCapCon.com/19317. Michigan Capitol Confidential December 2013 | 12

Forced arguments in the case in February that unionization, just a signature cleaning the toilets. In the end, it or March and announce a decision gathering drive by a union. Detroit Taxes wasn’t enough. from Page Five Unionization in May or June. In Michigan, unionizations of “There were [constant] safety from Page Five In its essential concept, the home-based caregivers and daycare shot on the property in two separate inspections by the state and Illinois unionization scheme is providers took place in 2005- incidents, she said. the city,” she said. “It was next The unions most directly much like Michigan’s home-based 2006. Under former Gov. Jennifer “For this great experience we to impossible to get affordable involved in Illinois are the SEIU caregiver “dues skim,” which Granholm, the SEIU and AFSCME got to pay high taxes, personal insurance to cover all our losses. A and the American Federation transferred more than $34 million used dummy employers and by- and property, on over-assessed 12-year-old boy driving his drunken of State, County, and Municipal from the Medicaid checks of mail stealth elections to accomplish property,” Bogaert said. “There were mother ran into a piece of steel Employees (AFSCME). The first home-based caregivers to union the forced unionizations. taxes on our heaters, compressor, we were moving with the proper attempt to unionize the 4,500 coffers. In Illinois, home-based The forced unionizations in gas tanks stored in the building safety precautions and (they) won providers failed as the providers caregivers are referred to as Michigan did not come to light (oxygen, acetylene, map and a $20,000 settlement. When our lift rejected unionization by a two- personal care providers. until 2009, when the Mackinac propane). There also were taxes on truck was stolen, that was the end.” to-one margin in a 2010 by-mail An important aspect of the Center Legal Foundation filed suit our awnings and industrial rates on Since they left, Bogaert election. schemes in both Michigan and over the daycare unionization. our water.” estimates they have received 10 or “These 4,500 were in a Illinois is the treatment of the The entire tax system in Detroit The daycare provider 12 requests for taxes and fees. She different program than those caregivers in both states as “public needs to be revamped, said Steve unionization ended in Michigan said she used to call the city, but unionized some years ago by Gov. employees” only for the purposes Thomas, another long-time Detroit when Gov. Rick Snyder came “they ignored me so I just ignored Blagojevich,” said Bill Messenger, of unionization. business owner. into office. them and threw them away.” an attorney with the National Similar unionizations have taken “From top to bottom, Detroit’s The forced unionization Detroit wanted money for fire Right to Work Legal Defense place in other states across the U.S., tax system is broken,” Thomas said. of home-based caregivers in permits, for inspections and gas Foundation. “The program they are particularly over the past decade “It is a punitive system that punishes Michigan ended in March and storage, awning permits (long after in is for people taking care of their as unions lose membership and achievement, rewards failure and is finally took place when Gov. the aluminum awnings had been own children.” seek ways to boost their numbers prone to abuse. The city’s underlying torn down), building occupancy Although the actions taken and importantly, increase dues Snyder and the legislature economic problems will not begin by Gov. Quinn that subject the collection. Cases sprung up in outlawed it. A union attempt to to heal until Detroit’s tax system is and personal property fees. 4,500 providers to possible forced California, Connecticut, Minnesota, place the unionization in the state overhauled.” “The hostility showed to unionization triggered the lawsuit, Illinois, Michigan and elsewhere. constitution with Proposal 4 was For nearly three decades, entrepreneurs by the city and Messenger said the case is a Because the Illinois’ employment soundly defeated by 14 percentage Bogaert and her husband did what many of its residents makes doing challenge to the overall concept of relations structure is not the same as points. Gov. Snyder later forced many small businesses do — they business there a difficult prospect,” forced unionizations. Michigan’s, the forced unionization the dummy employer to disband. scraped by. LaFaive said. “People shouldn’t ask “We are hoping the Court came about differently there. Shortly Gov. Quinn’s office did not why so many businesses have left, + The couple straightened + hands down a decision that will after former Illinois Gov. Blagojevich respond to a request for comment. metal: Tools, dies, beams, bolts, but why any have stayed.” put an end to these unionizations came to office in 2003, he unionized automotive parts, shafts, plates The original version of this story was The original version of this story was in all of the states,” he said. about 20,000 personal care providers posted online on Oct. 7, 2013. It is and more. Bogaert said she did posted online on Oct. 3, 2013. It is Messenger said he thinks the by executive order. There was no available with hyperlinks and more everything from accounting and available with hyperlinks and more info Supreme Court will hear oral unionization election involved with info at www.MichCapCon.com/19198. payroll to driving the lift truck and at www.MichCapCon.com/19193. Coach school, the union or even fellow about how they could opt out under responsibilities of faculty members union members, he said. Anti-GOP prof from Page Nine the right-to-work law. from Page One and the impact of social media on Mary Lieberman, director of the “If it’s important for [the union] teaching and learning. Their report others and that Penn acknowledged said. “Not, ‘You owe me legally six MEA Uniserv office that serves the to have my money and it’s important is due in early 2014.” that some of his comments were months of union dues’ and if I don’t Petoskey Education Association, for us to have a relationship, they inappropriate, disrespectful and A state GOP spokesman said pay it, then that might affect some didn’t return a request for comment. should be transparent and give me offensive. a one-semester, paid suspension credit or I might get a phone call Petoskey Education Association all the information that I need to Penn hasn’t returned requests wasn’t enough and Penn should about legal action or taking me to President Jamie Buchanan referred court and suing me for the legal know to make an educated decision,” for comment. have been dismissed. all questions to MEA headquarters. fees in addition to my union dues. I Arthur said. “[They should] not MSU Spokesman Kent Cassella “As we have said from the MEA Spokespeople Nancy Knight don’t expect that kind of treatment.” purposefully withhold information said in an email that, “Professor beginning, Michigan State and Eleanor Mustafa didn’t respond Arthur said he was never from me so that I can’t make a William Penn will be assigned University’s decision to put Mr. to requests for comment. notified of the August window by qualified decision or the right to teach two small courses next Penn on suspension ... does not go In a story in The Detroit News, semester in creative writing. In his union or the MEA. He said the decision and then lock me into far enough,” said Michigan GOP MEA sends its members dozens of MEA President Steve Cook said the + the meantime, as part of MSU’s paying those dues.” Spokesman Darren Littell. articles to read, but he said he didn’t union will prevail. He said the cases commitment to create a learning were “baseless.” see a thing about what was required The original version of this story was environment characterized by The original version of this story was to leave the union. Arthur said the union posted online on Oct. 23, 2013. It is mutual respect and civility, a faculty posted online on Nov. 15, 2013. It is August is the month when intentionally withheld information available with hyperlinks and more committee created by Academic available with hyperlinks and more teachers have little contact with the to keep its members in the dark info at www.MichCapCon.com/19285. Governance continues to review the info at www.MichCapCon.com/19374. Michigan Capitol Confidential December 2013 | 13 Beer Website Provides More Information Bills Would Limit House Inspections About Taxpayer Investment Than The State Tax assessors have been entering personal residences in some communities Schools will receive more than half a billion dollars more By Tom Gantert Executive Director Kelli Sobel said from the state and federal government alone this year it should be a goal “to get inside Two Michigan lawmakers have every house” to ensure an accurate By Tom Gantert assistant director of fiscal policy at the be shared by the state. The MBDP introduced bills to limit access to Mackinac Center for Public Policy. replaced the state’s MEGA program, assessment. Local assessors say The state of Michigan will give out people’s houses by local tax assessors. which gave out tax credits. they risk state audits if they fail to an estimated $577 million of taxpayers’ The MEDC only tracks deals Complaints surfaced earlier this accurately assess property. dollars this fiscal year in the form of when the companies report back on Because MEGA used tax credits, year when a group of homeowners It is not clear how many tax credits to various companies. the jobs it has created. Deals that the Attorney General and Treasury in Davison Township contacted the municipalities are conducting interior But getting information from never materialized are not reported Department maintain that is Mackinac Center for Public Policy inspections. The Michigan State Tax the state about those deals remains on by the MEDC. protected tax information, said Kathy about letters from the local tax Commission said it does not keep a challenge. For example, in 2008 the MEDC Fagan of the Michigan Economic assessor requesting to come inside track. Davison Township ended In at least one instance, a popular approved an estimated $827,000 in tax Development Corporation. personal residences. Homeowners the inspections after homeowners beer website sheds more light on credits for Faurecia Interior Systems of Sen. Jack Brandenburg, R-Harrison who declined saw their assessments flooded a Township Board meeting what happened to a deal the state Fraser. The company projected it would Township, introduced Senate Bill go up based on improvements their and complained. brokered than the state organization create 82 jobs with the expansion. 316 in April that would revise the tax neighbors made in their houses, Conducting interior inspections charged with its oversight. Five years later, the MEDC doesn’t confidentiality law and allow the state which resulted in higher property requires extra staff. One municipality, In 2009 the Michigan Economic report anything on the deal. to release the information. taxes. Other homeowners agreed to Meridian Township says it hires part- Development Corp. approved up to “There needs to be better A phone message left at Sen. the inspections because they thought time college students to take on the $723,000 in tax credits for the Michigan reporting that compares expectations Brandenburg’s office was not returned. they were legally required to do so. extra load. Brewing Co. to expand to produce Kid with results,” Hohman said. “You “The tax credits are a huge State Representative Bob expense, but without disclosing their In response to that, State Rock’s “American Badass” beer. The need to know whether these things Genetski, R-Saugatuck, introduced value matched with expectations, it’s Representative Mike Shirkey, MEDC doesn’t mention anything in its are working out as planned and how House Bill 5172, which demands R-Clarklake, introduced a companion latest annual report about the deal. much they cost.” unclear what taxpayers are getting in + that assessors, “shall not enter any bill, which mandates changes in the But Beerpulse.com reports that Hohman said there is some good return,” Hohman said. structure, dwelling unit, or other state assessor’s manual. It also has yet Michigan Brewing Co. went out of news. A new program, the Michigan The original version of this story was improvement … without written to be assigned to committee. business. Business Development Program, will posted online on Dec. 2, 2013. It is permission of the owner.” The bill has House Bill 5173 would change the The transparency of the MEDC issue grants instead of tax credits available with hyperlinks and more not yet been assigned to committee. state tax assessor’s manual to spell out is a concern, said James Hohman, so information about recipients can info at www.MichCapCon.com/19403. The bill also prohibits assessors who such “agents” are and what their from increasing assessed value if relationship is to the assessor. The bill denied entry. Rep. Geneski said he was also would require the manual to state Despite Fewer Students, Michigan prompted to draft the bill after viewing that permission for entry must be School Funding Going Up, Up, Up a video produced by the Mackinac granted solely by the property owner, Center on the practices in Davison. must be kept on file, and is granted By Tom Gantert However, student enrollment There were a number of “There are people who also said for one time only. The manual would over the last year in public schools districts that didn’t submit financial The Michigan Department ‘yes’ when they were told if you like also be edited to state that no interior dropped from 1,536,600 students to of education made its quarterly information to the state by Nov. 15, your health care plan you can keep it,” pictures of the property are to be 1,530,500. presentation on the number of said Glenda Rader, spokeswoman Rep. Genetski said. “Hopefully people taken and that denial of entry should “They are actually getting more school districts in deficit to the state for the Office of State Aid and are learning more and more that you not be penalized in any way, including money and there are fewer kids in Legislature, but lost in the discussion School Finance. Rader said the final can’t trust government and it’s not a an increase in assessment. the program,” said James Hohman, about funding is that the state and bad idea to ask questions.” assistant director of fiscal policy numbers will be ready by the time “People can obviously let anyone The Davison Township assessor federal government have budgeted at the Mackinac Center for Public Superintendent Mike Flanagan they want into their homes, but when began requesting interior inspections $563 million more dollars for public Policy. “You can argue they are not makes his quarterly presentation to government is involved, we need school K-12 education in Michigan getting as much as they want, but the Legislature Dec. 12. after receiving a 2010 memo to to be crystal clear on knowing who assessors from the Michigan State in 2013-14 than last year despite a you cannot say that taxpayers are Flanagan told the legislature in would be coming into the home, what drop of 6,100 students. Tax Commission. The memo they would be doing there, and that spending fewer dollars on K-12 September that unaudited figures The state’s School Aid Budget, encouraged local tax departments to the homeowner knows 100 percent education.” showed there were 56 school which funds K-12 education, However, many school union + annually inspect a minimum of 20 that they can say ‘no’ without penalty districts with deficits. + increased from $12.9 billion in officials and others will complain percent of parcels each year. of any kind,” Rep. Shirkey said. 2012-13 to $13.4 billion in 2013-14. The Davison Township Assessor that school funding has been cut and The original version of this story was Federal dollars jumped from $1.701 read that to mean going inside homes. The original version of this story was that more money needs to be spent posted online on Dec. 2, 2013. It is posted online on Nov. 30 2013. It is billion last year to $1.764 billion in regardless of student enrollment available with hyperlinks and more When asked about the memo, available with hyperlinks and more info 2013-14. counts or student achievement. info at www.MichCapCon.com/19403. Michigan State Tax Commission at www.MichCapCon.com/19395. Michigan Capitol Confidential December 2013 | 14

Teachers To Lawmakers: ‘MEA Higher Minimum Wage Wouldn’t Tell Us How To Leave Union’ Hurts Low-Skill Workers By Tom Gantert Director acknowledging that the school union said her credit rating By Jarrett using data mainly from the U.S. union had been notified that I could be negatively affected if she LANSING — Union officials Skorup but also from many other countries purposely withheld information wished to not join. didn’t resume paying dues. Democratic — clearly shows that minimum teachers needed to opt out of the “In September, the president of Sen. Meekhof asked Bank what the [Coopersville school district] she thought the treasurer meant gubernatorial wages reduce employment of Michigan Education Association, young, low-skilled people.” according to testimony given before union came to my classroom before by that. candidate and a Senate committee. school and said she had heard I “I thought she meant that former Congressman Teachers from across the state wanted to opt out of the union,” the union would turn it over to a Mark Schauer has proposed raising said that because they were not told Chanski continued. “She asked me collection agency,” Bank said. Michigan’s minimum wage to $9.25 of the one-month window in which if I had sent in a separate letter to “I have talked to at least five per hour over a period of three years Commentary they could leave the the MEA. I said I other teachers,” Bank continued. and indexing it to inflation from union, they are now wasn’t aware that “I have found out five of them felt there forward. While mandating forced to continue was required. they had to pay their dues because higher wages often sells well Then she told me they were feeling intimidated. But to pay dues to an politically, the cost of doing so would that I had missed next year they’re going to make sure Increasing the minimum organization that be worse for the very people it is the August they’re not going to be in the union.” wage to $9.25 per hour is a 25 they don’t support. intended to help. window.” Amy Breza, a Clarkston percent increase over the current The Senate Proponents of increasing the Compliance and Chanski Community School paraeducator, minimum of $7.40 per hour. That Members of the Senate panel minimum wage essentially are Accountability said the union told the committee that her school means the price to hire some asserting that government can set Committee was formed last week president claimed the August union president came into her low-skilled workers will cost wages with little adverse effect. to determine whether there has window had been discussed at classroom in September while Breza businesses 25 percent more. If But that’s not true. While there been compliance with recently several union meetings, but Chanski was working with a non-verbal you don’t believe this increase is debate among economists enacted state laws. Its initial area said that wasn’t true. special needs student and told Breza will lead to changes in behavior, Sen. Tonya Schuitmaker, she wanted her to pay the dues. over all of the ancillary effects of of investigation is to look into consider what you would do if a R-Lawton, asked Chanski if she had “I said I can’t talk to you now, increasing the minimum wage, the allegations that the MEA is not local restaurant, grocery store or attended all of the meetings. I’m with a student,” Breza said of majority of the evidence shows fully complying with the right-to- gas station increased prices 25 “Correct,” Chanski responded. the conversation she had with the that doing so leads to higher work law. percent. The mandate is really Much of the committee’s first “So, apparently you were union president. “I wrote it down unemployment — particularly for hiking the cost of hiring certain hearing focused on the so-called supposed to be a mind reader,” Sen. on a paper afterwards. She said, the lowest-skilled workers. workers and would result in a “August window.” The MEA insists Schuitmaker said. ‘I’m trying to help you save your There are other costs as well, like drastic change in actions. that its members can only opt out Sen. Arlan Meekhof, R-West job and I don’t want you to get in the lowering of other compensation, Because it is a popular political of the union during the month of Olive, chairman of the committee, trouble with the MEA’.” cutting of work hours, higher position, it is increasingly likely August. That claim is disputed by asked Chanski if her major complaint Breza also testified that she prices and the elimination of other that this will be a prominent issue many, including some members about the MEA was its lack of thought she was out of the union employee perks. in next year’s elections. But just of the committee who said that no communication with members. but no one had told her about the University of California-Irvine because something sounds good such limit exists under the right- Chanski said she thought the MEA’s August window. professor David Neumark is one doesn’t mean it is. There is no free to-work law. union had done more than neglect At least four other teachers of the foremost experts in this lunch, and the costs of a higher However, according to testimony, to mention the August window. are expected to testify at future area and wrote in The Wall Street minimum wage are worse than even if the August window were “I think it was actively hidden committee hearings. Sen. Meekhof Journal: “Despite a few exceptions + valid, some MEA officials failed to from us,” Chanski said. told the committee that the MEA the supposed benefits. that are tirelessly (and selectively) inform teachers about it. Susan Bank, a special education would be given its opportunity to cited by advocates of a higher The original version of this story was MEA officials have said the teacher in the Novi Community testify on Dec. 4. posted online on Nov. 20, 2013. It is teachers missed their chance to School District testified on what Chanski and Breza, along with minimum wage, the bulk of the available with hyperlinks and more opt out and must continue paying she experienced when she tried other teachers from across the evidence — from scores of studies, info at www.MichCapCon.com/19385. union dues. to get out of the MEA. She said state, are being represented by the Miriam Chanski, a kindergarten she thought she’d made it clear Mackinac Center Legal Foundation Do you like what Then tell us to teacher with the Coopersville School that she was opting out when she in complaints filed against their keep it coming! District, told the committee that refused to turn in her paperwork local unions and the MEA with the you’re Reading? in May or early June she wrote on to continue having union dues Michigan Employment Relations If you haven’t contacted us yet but would like to keep receiving Michigan Capitol + her e-dues form that she planned to taken from her paychecks. Commission. Confidential, please e-mail us at [email protected] or call 989-631-0900 to let us leave the union. The union never made it clear know that we should keep sending it. That’s it! The original version of this story was The Mackinac Center, a 501(c)(3) charitable educational foundation, accepts tax-deductible “I put that I was opting out,” what steps had to be taken to opt posted online on Nov. 14, 2013. It is donations in any amount that keep this newspaper coming to you. Chanski said. “In July, I received out, she testified. In addition, Bank available with hyperlinks and more a letter from the [union] Uniserv said that the treasurer of her local info at www.MichCapCon.com/19350. We look forward to hearing from you Michigan Capitol Confidential December 2013 | 15

up 1.2 percent from 2002 to 2012, City sued adjusted for inflation. from Page Five Union Graphic Leaves Out Billions of Public The MEA’s chart also cites Dollars To Claim Education ‘Cuts’ an AnnArbor.com article with a also its practice of restricting headline that read: “Budget Crisis: access to traffic stop videos that By Tom Gantert dropped from $11,000 per pupil in federal dollars or money given Ann Arbor schools issues layoff are subject to FOIA. The case was 2002 to $8,000 per pupil in 2011. to Intermediate School Districts, notices for 233 teachers.” Steven Eugene LaHaine v. City of The Michigan Education Westland. Association has continuously The MEA is citing data Michael Van Beek exposed when But what the MEA doesn’t report on the chart is that the On Aug. 29, Wayne County misrepresented the financial lifted from an open letter sent he was education policy director Ann Arbor school district ended Circuit Court Judge Marvin situation of schools, and did so up laying off just one full-time and Stempien ruled against the city of again with a graphic it posted one part-time teacher, not the Westland. In his decision Judge Sept. 12 on its Facebook page. 223 initially reported in the spring, Stempien wrote: On a graphic titled, “Public according to Ann Arbor Public The public policy stated in the School Cuts: A Vicious Cycle” (see Schools Spokeswoman ACT is subverted by any cost to image nearby), the MEA cited an Liz Margolis. the members of the public who open letter from a Michigan State Public schools in Michigan are requesting information that is University professor that leaves often issue numerous layoffs for outside the actual cost enumerated in the ACT. out billions of dollars in school teachers and end up calling many Defendant [City of Westland] funding from its analysis. The of the teachers back. claims that MCL 15,234 [the picture also cites a school district “The MEA is using outdated Freedom of Information Act] allows issuing 223 layoff notices but and flawed information to support it to also charge for the equipment doesn’t mention that the district its incorrect claims,” said Audrey that is used in those activities that only ended up actually laying off Spalding, education policy are required to comply with the two teachers. director at the Mackinac Center. A graphic used by the Michigan Education Association misrepresents the financial FOIA request. Nowhere in MCL In the past several months, Two members of the MEA’s situation of schools. 15,234 is a charge for the cost of MEA President Steve Cook has communications team did equipment permitted. misrepresented facts on school by Michigan State University at the Mackinac Center for Public not respond to requests for + The ruling also stated that funding in Michigan’s two largest Professor David Arsen to Gov. Policy. Arsen eventually changed commment. after items that are exempt from newspapers. Rick Snyder. some of the information in the disclosure are blocked out, full Now, the Facebook page claims However, Arsen’s analysis left letter. The original version of this story was posted online on Sept. 17, 2013. It is audio and video recordings that when adjusted for inflation, out billions of dollars given to When all revenue is calculated, available with hyperlinks and more requested in FOIAs “shall be school funding in Michigan has schools because it didn’t include funding for schools actually went info at www.MichCapCon.com/19149. provided.” Judge Stempien concluded: “Thus, defendant [City of Westland] must forthwith revise Michigan Capitol Confidential Wins Statewide Awards its fees to comport with the clear Michigan Capitol Confidential and videos told the story over the Managing Editor Manny Lopez "The entire staff at Capitol language of MCL 15,234.” won two awards from the course of the year, which took a won third place for headline Confidential does outstanding Maze said Westland has Michigan Press Association, which number of turns for the worse writing. The headline, "Money work," he said. "It is an honor to be now stopped charging for FOIA announced the winners of its before Duszynski was able to Motivates, But a Dollar Is Simply recognized by the Michigan Press materials. annual contest on Oct. 7. reopen his cart last year. Insulting," accompanied a column “They (the materials) have been Association and it proves that Anne Schieber won second "This video tells the story, he wrote about teachers' unions free of charge until the city can place for "best multimedia from many angles!" the judges and school districts agreeing to readers appreciate news sources find out how much it should be presentation" for her series of wrote. "Great job incorporating reward teachers who excel in the that deliver stories they can't get charging,” he said. + stories and videos on Nathan interviews with city officials, classroom with $1 as bonus pay. elsewhere." The Mackinac Center’s Duszynski, the 13-year-old from with the boy, with his parents, "You can hear the irritation in lawsuit was filed Sept. 20 in Holland who tried to open a hot with other organizations. Quite the headline," the judges wrote. The original version of this story was Midland County Circuit Court dog cart to help his struggling informative about the whole issue. Lopez said he was pleased to be posted online on Oct. 8, 2013. It is and was prompted by a $5 fee family, only to be shut down by Thoughtful and thorough." recognized by the Michigan Press available with hyperlinks and more the city was charging before city officials. Schieber's stories Michigan Capitol Confidential Association. info at www.MichCapCon.com/19204. even beginning to search for the requested information. Coming soon! Westland city officials did not + The easiest way to keep respond to requests for comment. The original version of this story was tabs on your legislator. posted online on Oct. 16, 2013. It is available with hyperlinks and more MichCapCon.com/VoteSpotter info at www.MichCapCon.com/19236. Michigan Capitol Confidential December 2013 | 16

A sampling of proposed state laws, as described on MichiganVotes.org

Senate Bill 515 House Bill 4796 Senate Bill 2 Declare blueberry as the official state fruit Impose children’s products regulatory regime Expand nurse “scope of practice”: Introduced by Sen. Tonya Schuitmaker (R) Introduced by Rep. Alberta Tinsley Talabi (D) Passed 20 to 18 in the Senate To establish in law that henceforth the blueberry To require manufacturers and distributors of To revise nursing licensure regulations to (Vaccinium Cyanococcus) shall be designated children’s products that contain substances provide a wider “scope of practice” for “advanced as the official State of Michigan fruit. Note: At deemed harmful by the Department of practice registered nurses,” potentially allowing present, Michigan does not have an official state Environment Quality to submit detailed annual these health care professionals to provide some fruit. Past bills have proposed designating the reports to the state regarding the products and services that current law only permits physicians cherry as the official state fruit, and apple cider as the chemicals in them. The bill contains various to perform, subject to numerous restrictions and the official state beverage. exceptions and authorizes penalties of up to specific requirements. $150,000. Referred to committee, no further Senate Bill 604 action at this time. Senate Joint Resolution V Mandate criminal background Call for U.S. balanced budget amendment check to adopt a pet House Bill 4816 convention: Passed 26 to 12 in the Senate Require insurers disclose “Obamacare” Introduced by Sen. Steve Bieda (D) price increase in customer bills To submit an application to Congress calling for a “convention to propose amendments to To mandate that animal shelters must check a Introduced by Rep. Mike Shirkey (R) government criminal records database before the U.S. Constitution,” limited to proposing an letting a person adopt an animal, and prohibit To require bills sent to customers for health amendment that prohibits the federal government adoptions if the records show a person committed insurance policies or HMO plans to include an from spending more in any fiscal year than it an animal cruelty offense in the past five years. estimate of the amount that any price increase collects in tax and other revenue (balanced was caused by mandates and regulations budget amendment). Legislatures representing House Bill 4774 imposed by the federal health care law. two-thirds of the states must request this to get Mandate state permit/license for a convention, and three-quarters of the states all private gun purchases House Bill 4633 must approve any amendment proposed by an Mandate license plate replacement after “Article V” convention for it to become part of the Introduced by Rep. Jim Townsend (D) 10 years: Passed 21 to 17 in the Senate constitution. The resolution names 17 states that To expand to all gun purchases, including rifles have submitted applications. and shotguns, a state pistol purchase “license” To mandate that vehicle owners must replace mandate. This pistol permit regulatory regime was their license plate after 10 years, even if it repealed for purchases from licensed gun dealers is still legible. Under current law the state by a 2012 law (dealers already run buyers through imposes a $5 extra charge to replace a plate. a federal database check), but still applies to private person-to-person handgun sales.