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Sanders Wins State Action Award
Public Affairs Associates’ Tyrone D. Sanders, Jr., Esq.
received the Michigan African American Thought Leaders’ State Action Council
award for 2016. Other recipients include Mayor Mike Duggan, U.S. Senator Debbie
Stabenow (D-Lansing), Representative Leslie Love (D-Detroit), Representative
Sheldon Neeley (D-Flint), and U.S. Representative Frederica Wilson (D-Miami). A
reception for the award recipients was held Thursday in Washington D.C.. Please
join the PAA team in congratulating Tyrone.
LGBTQ Guidance Passed
The State Board of Education approved new guidance for
school districts to accommodate lesbian, gay, bisexual, transgender, and
questioning students. The Board approved the measure by a vote of 6-2.
The guidance encourages schools to use the student’s chosen
name and gender pronoun and provide options for gender identity appropriate
restrooms and locker rooms. It also encourages parent participation in
developing plans to meet students’ needs, but provides caution in situations
where the student has not come out to their families. The guidance is voluntary
for districts.
The board heard several hours of testimony, split between
supporters and opponents of the measure. Opponents drew several concerns. Board
member Eileen Weiser (R-Ann Arbor) was concerned the guidance would change
little unless there were changes made to the Elliott-Larsen Civil Rights Act or
other legal support. Supporters disagreed saying this guidance sends a message
to students, schools, and the country that Michigan is accepting of all people.
Flint
On Wednesday, the first state employee was officially
convicted in relation to the Flint Water Crisis.
Former state epidemiologist Corinne Miller pleaded no
contest to a willful neglect of duty charge, a misdemeanor. Initially, Ms. Miller
was charged with misconduct in office, conspiracy to commit misconduct in
office, both punishable by up to five years in prison, and a willful neglect of
duty. In a plea deal set by Attorney General Bill Schuette, Ms. Miller had the
first two charges dropped in exchange for her cooperation in the ongoing
investigation.
Mr. Schuette and special counsel Todd Flood have brought
charges against additional employees and former employees of the Department of
Health and Human Services and the Department of Environmental Quality. None of
these cases are scheduled to have any hearings until March 2017.
U.S. Senator Gary Peters (D-Bloomfield Township) and Debbie
Stabenow (D-Lansing) helped pass a proposal to provide Flint $100 million in
federal funding. As part of the Water Resources Development Act, the city will
be able to have access to the funds once Michigan files a plan with the federal
Environmental Protection Agency. The bill also allows the state to provide up
to $20 million in loan forgiveness funds to Flint.
Emergency Manager Law
Dismissing challenges to Michigan’s emergency manager (EM)
law, the 6th U.S. Circuit Court of Appeals on Monday ruled there is
no fundamental constitutional right for individuals to vote for local
government officials.
Catherine Philips, lead plaintiff in the case of Phillips v. Snyder, charged the EM law
for violating the citizen’s right to elect local officials under the Equal
Protection clause, the Due Process clause and the constitutional guarantee of a
republican form of government. The court responded that the U.S. Supreme Court
has held states have absolute discretion in determining how local governments
are to be operated, meaning the state can elect and appoint those positions. The
court also ruled the emergency manager has a rational basis for existing, and
this is the only condition needed to be met to uphold the law.
The court’s decision
was unanimous. In response, Senate Minority Leader Jim Ananich (D-Flint) commented
that regardless of the decision, the emergency manager law has had disastrous
consequences and needs to be changed.
Detroit Students Sue
A federal class action lawsuit was filed Tuesday against the
state for failing the students of Detroit. The action calls for a statewide
accountability system and for the state to ensure appropriate literacy
education.
The lawsuit has been filed with the U.S. District Court for
the Eastern District of Michigan. Seven students brought the suit claiming they
have not been given access to appropriate literacy programs either because the
programs were unavailable or the school’s condition made it impossible to
learn. Governor Rick Snyder, Superintendent of Public Instruction Brian
Whiston, the eight members of the State Board of Education, Technology,
Management and Budget Director David Behen, and School Reform/Redesign Officer
Natasha Baker have all been named in the suit,
The suit argues that literacy is a civil right and the state
has violated the student’s Fourteenth Amendment by not ensuring this. The suit
is requesting the federal court order the state to provide evidenced-based
literacy programs and universal screenings to find those needing additional
assistance, as well as remedial education to all affected students in the case.
PAAdvisory Briefs
Pettalia
Killed in Motorcycle Accident
Representative Peter Pettalia, 61, passed away Monday
following a motorcycle accident in Montmorency County. The House of
Representatives postponed Tuesday’s agenda out of respect. Mr. Pettalia was
serving his third and final term. A celebration of life will be held today at
the new Presque Isle lighthouse. The PAA team joins the chorus of people
statewide that mourn Representative Pettalia’s passing and wish comfort to his
family.
Medical
Marijuana Headed to Snyder
On Wednesday, the House concurred to Senate changes in HB
4209, HB 4210, and HB 4827 to expand medical marijuana regulation and usage in
the state. The bills create the Medical Marijuana Licensing Board and a 3
percent excise tax, among other things. The package awaits Governor Snyder’s
approval.
Tesla
Prohibited from Selling New Cars in Michigan
The Department of State ruled that since Tesla Motors is a
manufacturer and not a company with a contract with a manufacturer, it cannot
qualify for a dealership license. The company applied for both a new car and
used car dealership license. Tesla will not be able to sell new cars, but
should be granted a used car license, according to an administrative law
examiner Jay Todd.
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