Thursday, November 8, 2012

What To Do After The Emergency Managers Are Removed

Submitted by Stephen Boyle

I believe now is the time we turn attention to the Bankruptcy courts and demand the banks take an appropriate risk to what they provided to the investments held in trust. A number of banks could go under when faced with the burden of supporting the risk they created through unfair lending practices.

Local government needs to create and support
value in our communities
rather than a privately held demigod currency.   

There are critical services to the people of cities that will be facing Chapter 9 Municipal Bankruptcy and these cannot be shipped off/privatized. THE RESPONSIBILITY OF THESE SERVICES IS NOT SECONDARY TO DEBT TO IRRESPONSIBLE BANKS. The atrocity of decimating the livelihood of people is far greater than decimating the dollar (a manipulated value at best, and credit standing is likewise a manipulated value).


The banks must be in second position to critical services. Negotiation of the amount of debt AND credit standing must be established through the courts. We need courts to act responsibly with the lives they are entrusted. Corporations do not cry, they do not bleed, and they don't experience pain the way people do.

Courts were established to carry out the justice people defined for them to use in governance. Some courts understand the public they serve and others are confused by responsibility to the public's best interest.

There will be resistance and the foundation of the country needs to be upheld. Taxation without representation will lead to civil unrest - which plays into the nationwide plans for a police-state. We are a nation that not only endures unrest - the policies of our leadership has created unrest throughout the world and our creations are coming home to roost.  Corporations have put themselves in a higher position and stuck their hands up the back of political puppets. When the hand of the puppeteer gets severed off the puppet is going to go limp and fall over. Those leaders that resist corporate takeover will remain standing and be supported by the people whom they support.

I could go on and on about the injustices of Emergency Managers and EFMs in the State of Michigan, but what is needed now is a plan forward and correcting the system that has become weakened through sustained sickness. The State is going to attempt to continue the sickness requested by those interests controlling our government. Those same interests that would rather put the country at war physically than face being the source of an internal WAR ON THE POOR.

Stop the enslavement of people to a system that is failing.

Followup on bankruptcy...

Q: What are bankruptcy judges? How are they appointed?

A: U.S. bankruptcy judge is a judicial officer of the U.S. district court who is appointed by the majority of judges of the U.S. court of appeals to exercise jurisdiction over bankruptcy matters. The number of bankruptcy judges is determined by Congress. The Judicial Conference of the United States is required to submit recommendations from time to time regarding the number of bankruptcy judges needed. Bankruptcy judges are appointed for 14-year terms.

Additional Notes

Critical city services must be addressable by the public which they serve. We rely on these to bring value into and through our lives. When faced with those services outside our ability to control we become subservient to those that control what we need in our daily lives. We the public must be able to participate in steering these services. Employment by the city in meeting these needs for the public is a revered position to attain as a public servant. 

Michigan Repeal of Public Act 4

On November 6, 2012 Michigan voters chose to repeal Public Act 4 - The Emergency Manager Law of 2011. This law added dictator-like abilities for Emergency Managers that was not available through Public Act 72 of 1990 - Emergency Financial Manager Law. It granted too much power, such that critical city services were being sold off, labor unions were being busted, departments of government were privatized, and more --- all without the public having voice or locally elected presence in the process. 

The injustices set upon communities under management by the State through PA4 were monumental. The threat of establishing new metropolitan government managed through the State of Michigan was being accomplished gradually. People were no longer going to have representative local government, it would come from the state in order to protect the creditworthiness of the metropolis and state.

The public spent over a year in a fierce battle to retain locally elected government for cities and schools. The effort went through months of confrontation with the Board of Canvassers, Court of Appeals, Secretary of State, and the Michigan Supreme Court. Once the referendum was put to the ballot, Attorney General Bill Schuette opined on the suspended law stating the prior repealed law would be reinstated in the interim until such time that the repeal was either complete or nullified.

The public achieved the repeal and the opinion on Public Act 72 is being challenged in the courts based on Michigan Compiled Law, section 8.4. The full text of this section is given below:
Section 4. Effect of Repeal of Repealing Statute.
Whenever a statute, or any part thereof shall be repealed by a subsequent statute, such statute, or any part thereof, so repealed, shall not be revived by the repeal of such subsequent repealing statute. 
Section 4-a. Effect of Repeal.
The repeal of any statute or part thereof shall not have the effect to release or relinquish any penalty, forfeiture, or liability incurred under such statute or any part thereof, unless the repealing act shall so expressly provide, and such statute and part thereof shall be treated as still remaining in force for the purpose of instituting or sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture or liability. 
Section 4-b. Catchline Not Part of Section.
The catch line heading of any section of the statutes that follows the act section number shall in no way be deemed to be a part of the section or the statute, or be used to construe the section more broadly or narrowly than the text of the section would indicate, but shall be deemed to be inserted for purposes of convenience to persons using publications of the statutes.
Section 4-c. "Shall Not Apply" Defined.
As used in the statutes of this state, “shall not apply” means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. Use of the phrase “shall not apply” does not result in the repeal, expiration, termination, or otherwise legislating out of existence of that portion of a statute to which the phrase pertains, but only relates to the operational effect of the provision.

1 comment:

  1. What do you think about the statements (threats?) that the Gov-dictator has a replacement law all ready to be rubber stamped and fast tracked by his pet GOPhers>