Breaking on Ed Shultz from Michigan

[malaise]

The ReTHUG Governor's appointee, the Emergency Manager, has been removed and the Mayor and City Council reinstated.

http://www.mlive.com/news/flint/index.ssf/2012/03/emergency_manager_lawsuit.html
<snip>
Judge: State violated law in appointing Flint emergency manager; Powers of mayor, city council reinstated
LANSING, Michigan -- A judge has ruled that the state violated the Open Meetings Act in appointing emergency manager Michael Brown.

Ingham County Circuit Court Judge Rosemarie Aquilina invalidated Brown's appointment and also reinstated the authority of Flint Mayor Dayne Walling and the Flint City Council at a hearing regarding a lawsuit from a city union representative.

The order also invalidated all the orders and actions Brown has taken since he was appointed Dec. 1, according to attorney Robert Fetter, who represented Sam Muma of AFSCME Local 1600, who filed the suit.

Muma claimed the state violated the law when appointing Brown because the financial review team that recommended the state takeover of Flint didn't meet in public.
----------------
This is HUGE!!!

[warrior1]

1. you don't say

[notadmblnd]

2. Benton Harbor?

Detroit? Pontiac?

[malaise]

6. Flint

Check the link I added

[Firebrand Gary]

3. Who has removed the emergency manager? The Court? n/t

[malaise]

5. Yep - I've added a link and a snip

Great news

[freshwest]

15. Yes, it is beautiful.

[xtraxritical]

28. Except it wont change a thing, they'll just switch to open meetings.

They have no need for secrecy everybody knows about it in the first place. IMO the judge could have found many sterner legal objections. Me thinks the judge is up for reelection.

[freshwest]

29. Cynicism helps Republicans. Just sayin'. n/t

[nadinbrzezinski]

4. Which one? Watching Keith

[sarcasmo]

7. Good news, this douche bag governor has already cost us 1800 dollars a year

[WillyT]

8. Here Ya Go:

Judge: Flint emergency manager out/mayor and city council back in charge http://www.michiganradio.org/post/judge-flint-emergency-manager-outmayor-and-city-council-back-charge

Flint Mayor Dayne Walling: 'There will be changes made tomorrow' following judge's removal of emergency manager http://www.mlive.com/news/flint/index.ssf/2012/03/flint_mayor_dayne_walling_ther.html

State plans emergency appeal after judge removes Flint emergency manager, restores mayor and city council http://www.mlive.com/news/flint/index.ssf/2012/03/state_plans_emergency_appeal_a.html

Judge puts Flint mayor, council back in charge http://www.thetimesherald.com/article/20120320/NEWS05/120320006/Judge-puts-Flint-mayor-council-back-charge?odyssey=nav%7Chead



:taost: LOL... or...



& Rec !!!

[malaise]

9. Thanks

I added a link as well

[nadinbrzezinski]

12. SMILE

[freshwest]

14. Thanks a million and will share, WillyT. Some had given up hope. WI last week, MI now.

Small, but determined victories.

[freshwest]

10. Yes, it is huge! Thanks AFSCME!

[malaise]

11. Chalk up one more for progressives

Fight back folks, fight back!!

[freshwest]

17. Yes, am sharing this as we speak in other places to the disenheartened now.

[Canuckistanian]

13. Well, OK. Way to go.

But it's a pretty sad day when it's considered a victory to restore an elected official back to power. It should never have come to this point.
The same goes for Benton Harbor, MI. How the Hell did this happen and why aren't people out in the streets protesting the usurping of power?

Still, it's progress. I guess.

[AlbertCat]

25. it's a pretty sad day when it's considered a victory to restore an elected official back to power

It's been a lot of pretty sad days in America since 2000.

[spartan61]

16. That's GREAT!!!!!

Now let's get judges to do the same in Ecorse, Inkster, Benton Harbor, Pontiac, Highland Park et al.

[malaise]

18. Won't be long

Then put the criminals on trial and throw away the keys.

[amandabeech]

19. Make sure that Dave Bing and the Council stay in charge in Detroit. n/t

[jwirr]

20. That is good news.

[suffragette]

21. Wonderful to see justice triumph over injustice

K&R

[malaise]

23. Want to see it spread like

weeds

[suffragette]

24. Agree with that

[Iwillnevergiveup]

22. I loves me the smell

of a little pushback in the morning.

K&R

[DLevine]

26. Great news. n/t

[SunSeeker]

27. All the state review team need do is give notice of their proposed action and have a public hearing

Per the article:
The case is similar to one recently heard by Ingham Circuit Judge William E. Collette, who ruled that the appointment of the Highland Park Schools emergency manager was not appropriate because the review team did not follow the Open Meetings Act. After that case, the state reconvened the review team in public and the governor reappointed the emergency manager following the public proceedings.

So, all the state review team needs to do is just hold a hearing open to the public (i.e. comply with Open Meeting Laws) at which they then appoint Brown in charge of Flint again. And that's assuming their "emergency apeal" goes nowhere. Sorry to be a Debbie Downer. But hey, that should be one helluva public hearing. And, having public hearings will really slow down this takeover process.

What I don't understand is how this emergency manager law does not violate the U.S. Constitution.

Regardless, the best hope is voting this monstrosity out. As the artcle points out, AFSCME is also part of a statewide coalition, Stand Up 4 Democracy, which submitted more than 200,000 petition signatures in an attempt to put a referendum of the law before voters.

Thank you AFSCME, for all your good work. You are the people's union.

[valerief]

30. Woo hoo. Can they remove the governator, too? nt

[Dont call me Shirley]

31. AWESOME!

Now time to arrest Rick Snyder and his merry band of fascists