Democracy Wins a Victory in Michigan

by Clyde Weiss  |  March 21, 2012

Democracy can’t work in the dark, and when government tries to hide its decision-making, it violates the basic principles of open government that Americans deserve. That’s the bottom line of a court ruling this week invalidating actions taken in Flint, Mich., under the state’s dictatorial “emergency manager” law that Gov. Rick Snyder signed last year.

Ingham County Circuit Judge Rosemarie Aquilina’s ruling immediately invalidated Governor Snyder’s appointment last year of Flint emergency manager Michael Brown. It also nullified all of Brown’s decisions made since taking over the city, including the firing of some public employees. It also ended his hopes of turning over the city jail, waste collection, water services, golf course maintenance and other city assets and services to privateers.

In a case brought by Sam Muma, president of the city’s largest public employee union, Local 1600 (Council 25), the judge concluded that a state-appointed financial review team whose recommendations led to Brown’s appointment met in secret last year and failed to keep minutes. That violated Michigan’s Open Meetings Act.

Lawrence Roehrig, secretary-treasurer of AFSCME Council 25 and also an AFSCME International vice president, praised the judge’s decision.

“That’s our city, and anything that happens there is going to happen because we were a part of it,” he said. “We’re smart, we’re involved, we pay our taxes and we belong there. And we’re very proud of that judge for standing up for democracy. This is what AFSCME does. AFSCME stands up for democracy.”

AFSCME members fought the ‘dictator law,’ known formally as Public Act 4. Members of Council 25 were part of a coalition called Stand Up 4 Democracy that helped to collect more than 200,000 signatures to put the law to a citizens’ vote in November. The law gives the state’s appointed emergency managers unbridled powers, including the power to nullify public workers’ collective bargaining agreements.

The state plans to appeal the judge’s ruling. Michigan voters must stay vigilant and be ready to step up, in the voting booth, to overturn this undemocratic and anti-worker law.