|Case Forum:||Michigan Court of Appeals|
|Keywords:||Local Government Fiscal Responsibility Act, financial management|
Clifford T. Flood | Cynthia B. Faulhaber | Polly Ann Synk |
The Department of Treasury clearly has the responsibility
In sum, we find that, at their core, the city’s arguments are simply an attempt to assert that it was denied due process, a claim that it lacks standing to bring. Kent Co Aeronautics Bd, supra at 581. There is likewise no language anywhere in the act that would support a finding that the city has a right to present evidence at the hearing provided by MCL 141.1215(2) that was not available to the financial review team. As we have held, the Governor’s decision was amply supported by the undisputed record. Accordingly, the lower court’s opinion and order are reversed, and the Governor’s decision is affirmed.
|MSC requested LDF amicus brief?||No|
This case arises in the context of the Local Government Fiscal Responsibility Act, MCL 141.1201 et seq., and presents questions of first impression. Senate Resolution 184, 2002 Journal of the Senate 576 (No. 23, March 13, 2002), sponsored by Senator Robert L. Emerson, the state senator for the district that includes the city of Flint, sought a preliminary review by the state treasurer of the city of Flint’s financial condition pursuant to MCL 141.1212(1) of the act. At the conclusion of his review, the state treasurer reported to the Governor that a serious financial problem existed in the city of Flint. As required by MCL 141.1213(1)(b) when such a report is received, the Governor appointed a financial review team to conduct an assessment of the city’s fiscal situation.