First Flint Hearings

The special committee on the Flint water crisis met Tuesday for the first time and targeted most of their attention on the Auditor General’s report on the Office of Drinking Water and Municipal Assistance. In the meeting, Auditor General Doug Ringler and members of his team were interviewed.

Senate Minority Leader Jim Ananich (D-Flint) posed the first question regarding the Flint Water Treatment Plant (Flint WTP). In the initial report after making the Flint WTP the primary water supplier, the Flint WTP tested the Flint River water, which met standards, but did not test the water’s effect of the distribution system at consumer tap locations. An email exchange between the Auditor General’s office and former DEQ Director Dan Wyant indicated the report made some changes based on information obtained. Mr. Wyant then forwarded the email to Governor Snyder’s aide, Rich Baird, and Snyder’s former press secretary Dave Murray. Mr. Ananich did not receive this email until about an hour after former Director Wyant had.

Senator Ananich questioned the auditor general’s office about allowing the Executive Office a comment period here, which he didn’t feel was common practice. Mr. Ringler responded their process is to make a report and give it to the agency in advance for preliminary review, and he denied the edit was made in coordination with the Executive Office. Several committee members had asked questions in regard to the Department of Environmental Quality’s scope on the situation, to which Elmer Hess with the auditor general’s office frequently deferred these questions to the DEQ, stating they would not be able to comment on their intent.

After the meeting concluded, Senator Jim Stamas (R-Midland) commented he was not sure if the auditor general would return for more questions, but the committee is looking forward to continuing and getting their questions answered. Representative Ed McBroom (R-Vulcan) echoed these feelings and noted the committee is a good start to reasserting the Legislature’s oversight authority.

The U.S. House Oversight and Government Reform Committee also met this week, interviewing Susan Hedman, former chief of the U.S. Environmental Protection Agency’s Region 5, and Darnell Earley, Flint’s emergency manager at the time of the crisis.

One of Ms. Hedman’s region employees, Miguel Del Toral, confirmed the DEQ’s lack of corrosion control treatment in its water, and the EPA’s failure to override this decision. In light of this knowledge, committee members continually asked Ms. Hedman if the EPA did anything wrong, to which she responded they could have done more. Ms. Hedman also insisted Mr. Del Toral was not punished for releasing the report about lead in the drinking water, despite an email from Mr. Del Toral to a colleague, suspecting he was denied the opportunity to attend a conference in Wisconsin.

Ms. Hedman commented her decision to resign from her post was so she would not be a distraction to resolving Flint’s water crisis. She believes her decision to step down was honorable. Several of the members questioned this, and continued to question why Ms. Hedman had reacted so slowly to this crisis. U.S. Representative Ted Lieu (D-California) went on to say her actions were negligent bordering on deliberate indifference.

Mr. Early in his testimony maintained two reasons for his actions; one, he was implementing the actions of previous officials in power and two, he was not a water expert and was merely following advice. U.S. Representative Elijah Cummings (D-Maryland) retorted back it should not take an expert to realize water that was too corrosive for GM parts is not safe for drinking. U.S. Representative Justin Amash (R-Cascade Township) also questioned how an emergency manager felt his duties were to follow orders, and not question or validate any actions. U.S. Representative Brenda Lawrence (D-Southfield) criticized Mr. Earley for his lack of a public meeting for Flint residents to voice their concerns.

Look to next weeks’ PAAdvisory for coverage of Governor Rick Snyder’s testimony before the U.S. House Oversight and Government Reform Committee.

posted by PAA Online , Friday, March 18, 2016 2:07 PM
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Smith Resignation Disagreement

Wayne County Circuit Court Judge Lawrence Talon rejected a portion of Senator Virgil Smith’s (D-Detroit) plea deal in his case where he shot his ex-wife’s vehicle, delaying a final decision on the Senator’s fate.

Senator Smith is facing a charge of malicious destruction of property $20,000 or more, a felony that carries a maximum sentence of 10 years in prison. The Wayne County Prosecutor’s office issued a deal in which Mr. Smith will serve 10 months in Wayne County jail followed by five years probation with some conditions, namely his resignation from the Senate and prohibit him from running for elected or appointment to office during his probation. Judge Talon rejected this portion of the deal, however, stating it would be illegal for him to impose such a condition as it violates the separation of powers. Because Mr. Smith’s actions did not occur in office or to public property, Judge Talon commented there is no law or constitutional provision requiring Mr. Smith to forfeit his seat.

Wayne County Prosecutor Kym Worthy said they are planning to withdraw the plea deal if conditions are not met. The Judge ordered the County Prosecutor to submit any further comments or objections to his ruling by March 21^st.

As of today, Senate Majority Leader Arlan Meekhof (R-West Olive) has not received a letter of resignation from Senator Smith, and it has not been made clear if the Republican majority has considered removing him.

posted by PAA Online , 2:07 PM
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Bipartisan Team Introduces LORA

Representative Jeremy Moss (D-Southfield) and Representative Ed McBroom (R-Vulcan) announced a year ago their plans to open legislative communications to the public and have now introduced a 10-bill package that does just that.

The Legislative Open Records Act, or LORA, is established in eight of the ten bills (HB 5469 through HB 5476). The final two bills, HB 5477 and HB 5478, expand Freedom of Information Act (FOIA) to the governor’s office. These bills have in total 37 co-sponsors from both Republicans and Democrats. LORA is similar to FOIA, however it applies only to the Legislature. This maintains a separation of powers that would have been compromised had FOIA been directly applied to the Legislature, according to Representative McBroom.

Under LORA, constituent communications are exempt from public requests unless corresponding with a registered lobbyist. Personnel records, such as human resources files are also exempt, as well as: records relating to an ongoing internal or legislative investigation; advisory communications within the public body or between public bodies; trade, commercial or financial records provided confidentially to assist in public policy, communications regarding bill drafting, sergeant-at-arms security issues and auditor general records; and records exclusively maintained by legislative caucuses.

House Speaker Kevin Cotter (R-Mount Pleasant) applauded the package, stating it was the best he has seen among introduced sunshine reforms. Both the Michigan Democratic Party and Progress Michigan are in favor of the legislation.

posted by PAA Online , 2:06 PM
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$1 Million to First Responders Fund

The Senate Appropriations Committee unanimously approved a $1 million General Fund move to the First Responders Presumed Coverage Fund on Wednesday. Created back in 2014, the First Responders Presumed Coverage Fund helps firefighters diagnosed with certain cancers contracted on the job to pay for their medical bills.

More than 150 firefighters gathered around the capitol and in the Senate gallery to urge the Legislature to provide money to the fund. Among them was Representative Henry Yanez (D-Sterling Heights), a former firefighter. Under the current law, the Department of Licensing and Regulatory Affairs distributes the relief only after the Legislature funds it. Senator Dave Hildenbrand (R-Lowell), chair of the committee, promised in caucus to take up an appropriations bill to finally get the fund active and fulfilled the promise on Wednesday. Senator Marty Knollenberg (R-Troy) introduced the amendment to SB 802 that provided funding.

SB 802 allocates $1 million for the current year and provides $3 million for next year. Any additional funds unused at the completion of the year will roll over to the following year. The Senate is unsure if this is an appropriate amount as so far nine firefighters have publicly come forward with diagnoses, but Senator Curtis Hertel Jr. (D-East Lansing) commented he is confident the Legislature will continue to step up. The bill heads to the full Senate for consideration.

posted by PAA Online , 2:06 PM
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PAAdvisory Briefs

Detroit Supplemental Clears House

The House passed a $48.7 million supplemental appropriation on Thursday that provides financial oversight and will keep the district open until the remainder of the academic year. HB 5296 allocates the near $50 million appropriation and HB 5385 gives the Financial Review Commission oversight authority.

Pettalia Not Seeking Congressional Bid

Representative Peter Pettalia (R-Presque Isle) announced over the weekend he would not be seeking the Republican nomination for the 1^st U.S. House District. Mr. Pettalia was seen as a potential front-runner for the seat, but has cited personal reasons for his decision. With his announcement, the race to succeed retiring U.S. Representative Dan Benishek (R-Crystal Falls) is between former Senator Jason Allen of Traverse City and Senator Tom

Casperson (R-Escanaba).

Snyder Signs HICA Extension

Governor Rick Snyder signed the Health Insurance Claims Assessment extension Tuesday, continuing it through 2020. HB 5105, PA 50 was signed as part of a package to balance the coming budget. HICA was subject to expire December 31, 2017.

New Representatives Sworn In

Representative Mary Whiteford (R-Casco Township), Representative Gary Howell (R-North Branch) and Representative David LaGrand (D-Grand Rapids) were officially sworn in on Tuesday after winning their special elections last week. The three Representatives replaced former Representatives Cindy Gamrat, Todd Courser, and now-Michigan Democratic Party Chair Brandon Dillon, respectively.

Ingham Prosecutor Faces Prostitution Charges

Ingham County Prosecuting Attorney Stuart Dunnings III is facing a total of 15 filed charges, including 10 of soliciting prostitution and one felony count of pandering against him. Mr. Dunnings was arrested Monday following an investigation that began in 2015. He has been the Ingham County Prosecutor for nearly 20 years.

posted by PAA Online , 2:03 PM
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