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Martin v. Murray

Court of Appeals of Michigan

January 20, 2015

JACK MARTIN, Emergency Manager of the Detroit Public Schools, as the Successor of ROY ROBERTS, Emergency Manager of the Detroit Public Schools, Plaintiff-Appellee,
v.
DAVID MURRAY, IDA SHORT, CAROL BANKS, LAMAR LEMMONS, TAWANNA SIMPSON, ELENA HERRADA, ANNIE CARTER, JUDY SUMMERS, HERMAN DAVIS, WANDA REDMOND, and JUVETTE HAWKINS-WILLIAMS, Defendants-Appellants, and JONATHAN C. KINLOCH, Intervening Party

Wayne Circuit Court. LC No. 12-010545-AW.

For JACK MARTIN CURRENT EMERGENCY MANAGER, Plaintiff - Appellee: MICHELLE M BRYA, LANSING, MI.

For REVEREND MURRAY DAVID, Defendant - Appellant: HUGH M DAVIS JR, DETROIT, MI.

Before: Jane M. Beckering, P.J., and Kathleen Jansen and Mark T. Boonstra, JJ.

OPINION

Page 445

[309 Mich.App. 40] Kathleen Jansen, J.

Defendants, present and former members of the Detroit Public Schools Board of Education (" board of education" or " board" ),[1] appeal by right the circuit court's opinion and order of November 22, 2013, confirming the authority of the Detroit Public Schools Emergency Manager (" emergency manager" ) to fill vacancies on the board of education and denying defendants' motion to set aside the emergency manager's appointment of Jonathan Kinloch to the board. We affirm.

I

In late 2008, the Superintendent of Public Instruction declared the existence of a financial emergency within the Detroit Public Schools (" DPS" ). In accordance with Michigan's then-existing emergency financial manager law, 1990 PA 72,[2] the Governor appointed Robert Bobb to serve as the DPS emergency manager.

The Legislature subsequently enacted the Local Government and School District Fiscal Accountability Act, 2011 PA 4,[3] effective March 16, 2011, which repealed and replaced the provisions of 1990 PA 72. On May 4, 2011, the Governor appointed Roy Roberts to succeed [309 Mich.App. 41] Bobb as the DPS emergency manager. The Governor reappointed Roberts on March 30, 2012, and the reappointment became effective on

Page 446

April 2, 2012. See Davis v Emergency Manager for Detroit Pub Schools, 491 Mich. 899, 901, 904; 810 N.W.2d 555 (2012) (YOUNG, C.J., concurring).

Meanwhile, on February 29, 2012, petitions seeking a referendum on 2011 PA 4 were filed with the Secretary of State. On a 2-2 vote, the Board of State Canvassers initially refused to certify the petitions. However, our Supreme Court ultimately ordered the Board of State Canvassers to certify the petitions and submit the matter to the electors. Stand Up for Democracy v Secretary of State, 492 Mich. 588, 595; 822 N.W.2d 159 (2012). On August 8, 2012, following the Supreme Court's decision in Stand Up For Democracy, the Board of State Canvassers unanimously voted to certify the petitions and place the referendum on the November 6, 2012, general election ballot.

2011 PA 4 was suspended for the duration of the referendum process, and the provisions of 1990 PA 72 temporarily came back into effect pending the certification of the November 2012 general election results. Const 1963, art 2, § 9; see also OAG, 2011-2012, No. 7267, p 78, (August 6, 2012). At the general election of November 6, 2012, the electors rejected 2011 PA 4 by a vote of 2,130,354 in favor to 2,370,601 in opposition. The electors' rejection of 2011 PA 4 permanently revived 1990 PA 72. See McDonald v Grand Traverse Co Election Comm, 255 Mich.App. 674, 681; 662 N.W.2d 804 (2003); see also OAG, No. 7267, p 77.[4]

[309 Mich.App. 42] Soon thereafter, the Legislature enacted the Local Financial Stability and Choice Act, 2012 PA 436,[5] effective March 28, 2013, repealing and replacing 1990 PA 72. The Legislature specifically declared that it intended 2012 PA 436 to " function and be interpreted as a successor statute to . . . former 1990 PA 72, and former 2011 PA 4 . . . ." 2012 PA 436, enacting ยง 2. In particular, the statute provides that the determination or confirmation of a financial emergency within a local unit of government under the former 1990 PA 72 or the former 2011 PA 4 remains effective. MCL ...


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